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Consider the following scenario:

If someone slept in a sukkah that had a gap in the middle of 3 tefachim of open space and where both sides had a proper shiur sukkah of 7 by 7 tefachim; however when the person slept in the sukkah, the majority of his body was not found in one sukkah. Meaning that his head and some part of his upper body was in one sukkah and the the space of air was over another part of his "upper body" then the rest of his lower body was in the other half of the sukkah. Would such a person by yotzee? Is this a "kosher" sukkah?

(Assume of course that each "half" of the sukkah has the proper amount of walls.)

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1 Answer 1

According to the Minchas Chinuch (Mitzvah 325) who holds that there is no obligation to eat or sleep in a sukkah, just a prohibition to eat/sleep outside a sukkah, this would certainly not be a problem. Even if we assume that this person has not fulfilled the obligation to sleep inside of a sukkah, because the majority of his body is not inside a single sukkah, he has not eaten outside of a sukkah either. If however one assumes like those acharonim (e.g., Sha'arei Yosher 3:19) that there is a positive obligation to eat/sleep inside of a sukkah, then one can ask whether this qualifies. It would seem to me that this should be considered sleeping inside of a sukkah, because most of his body is inside of a sukkah, but I don't have a proof for this.

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