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I have a lovely tree in the back yard, it must be 70-100 years old, maybe 15-20 feet around at the base. First branch is 32 feet up. I know since I used a 35 foot ladder to hang a swing from it, and it was scary high! Also, it is higher than my two story + attic house as it extends over the top of the roof.

But it covers almost my entire back yard. I put my Succah as far away from it as possible, so as not to be underneath any of the branches, even though they are > 40 feet up in the air. I know a succah should not be under a tree, so I am trying to avoid that.

I would love to move the succah closer to the back door to make going in and out easier. But is there a height at which the tree no longer counts as being 'above' it, since it is so high up?

Like the menorah higher than 20 amos up does not count, based on the Haman gallows from the Megillah? Is there something similar for a tree branch in this context?

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up vote 6 down vote accepted

It does not matter how high the tree is, if the Succah is under the tree it is not Kosher. Orach Chaim 626.

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