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Answer: Regarding sukka, it seems to be an explicit gemara (Sukka 8b; see Shulchan Aruch, Orach Chayim 635:1) that a non-Jew can make a kosher sukka as long as he did so to provide shade. The Rama (OC 649:1) confirms that the same is true for tying up the hadasim and aravot with the lulav. However, it is somewhat more complicated. The Magen Avraham (649:3) infers from the Rama’s wording that such a sukka or lulav is only kosher after the fact, but that, l’chatchila, a non-Jew should not do it.
The Magen Avraham traces stringency to the halacha for tefillin and tzitzit. The gemara (Gittin 45b) derives from the proximity of "you shall tie" and "you shall write" (Devarim 6, regarding tefillin and mezuza, respectively) that only those who are connected to the mitzva of tefillin can write sacred scrolls. Tosafot (ad loc.) cites Rabbeinu Tam as using this source to disallow a woman tying on tzitzit or assembling arba’a minim because they are exempt from these mitzvot. The Magen Avraham accepts Rabbeinu Tam, but only partially. Rabbeinu Tam seems to disqualify people even b’dieved, whereas the Magen Avraham, working within the Rama, who fundamentally accepts non-Jews for sukka and lulav, recommends avoiding them l’chatchila.
Tosafot, for their part, reject Rabbeinu Tam’s extension of the disqualification to women, as even non-Jews are disqualified even for tzitzit only due to a pasuk, as well as his extension to other mitzvot, based on the gemara that allows a sukka made by a non-Jew. Almost all poskim (see Be’ur Halacha to 14:1; Chochmat Shlomo (Kluger) ad loc.) fundamentally reject Rabbeinu Tam/Magen Avraham. However, due to the weight of these great authorities, many poskim recommend avoiding using a non-Jew for sukka/arba’a minim (ibid.; Mishna Berura 649:14).
If the disqualification from writing holy texts does not extend to other mitzvot, then why does the Rama (14:1; the Shulchan Aruch ad loc. is lenient) cite two opinions regarding women’s ability to tie tzitzit and prefer avoiding it? Acharonim distinguish between the mitzvot. The Be’ur Halacha (to 14:1) mentions those who disqualify women from tzitzit based on a pasuk. The Chatam Sofer (Shut, Yoreh Deah 271) distinguishes that the fact the Torah describes tying tzitzit as its own positive mitzva explains requiring someone to whom the mitzva of tzitzit is incumbent. In contrast, building a sukka is just a hechsher (preparation for a) mitzva, and thus anyone can do it. Chochmat Shlomo’s (ibid.) distinction is that tzitzit must be tied on lishma (for the purpose of the mitzva), but since sukka does not require it (just that it be done for shade), it does not need to be done by one who is obligated in the mitzva.
The indications regarding lulav are similar to those for sukka (see Rama OC 649:1 and Mishna Berura 649:14(, with two notable differences. On one hand, there is no gemara saying arba’a minim assembled by a non-Jew is kosher. On the other hand, the whole need for the binding together of the lulav, hadasim, and aravot is of a low or possibly technical level (see Sukka 33a; Shulchan Aruch, OC 651:1; development of this point is beyond our scope).
Now for our recommendations. If your neighbor would ask us, we might tell him that since the only part of the sukka that there is a question about is the s’chach, he could have his worker build the frame and walls and let you happily put up the s’chach (or even just lift it up – see Shulchan Aruch, OC 626:2). Similarly, he could let you assemble the arba’a minim without needing to teach you. However, since it sounds (it may be worth checking better) like he does not want you to do it and the case for chumra is quite tenuous and only l’chatchila, we recommend to leave things as they are.
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
635 - Ask the Rabbi: What May One Do before Havdala after Yom Kippur?
636 - Ask the Rabbi: Having a Non-Jew Build a Sukka and Assemble Arba’a Minim
637 - Ask the Rabbi: Depriving a Tree of Water
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Bemare Habazak - Rabbis Questions Ask the Rabbi: Forgot to Remove Tefillin Before Musaf of Rosh Chodesh
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
