We visited a family of non-orthodox Jews here in Jerusalem that has a permanent wooden pergola on their large balcony. The roof is a wooden frame with wooden bars about 2x10 cm freely inserted (no screws) diagonally at 45º angle in such a way that when the sun rises it shines through the gaps between the bars (no shadow in the Succah), but toward noon the Succah is almost fully shadowed. (similar to the picture below but in the opposite, sun-facing direction)

enter image description here

Two questions about the Kosherness of such a Succah:

  1. As "old Succah" is outlawed, they claim to refresh the bars before Succot by lifting the bars and letting them slip back into their places. Does it constitute a Kosher refreshing?

  2. Regarding צילתה מרובה מחמתה - is such a Succah Kosher?

NB: I'm not gonna see and talk to this family so the question is not personal, I simply never saw such an arrangement for a Shach.

  • As long as it was intended to be there for the purpose of shade, which I assume it was, it doesn't need to be "refreshed" - MB 636:3, And the need to refresh it in the first place is only l'chatchila, but b'dieved the sukkah is still kosher - MB 636:4 – Silver Oct 23 '19 at 15:35
  • Another question to consider is whether they can use wooden bars at all: they might be an issue of גזרת תקרה, depending on the dimensions. – DonielF Oct 23 '19 at 15:47
  • The refreshing method seems fine as the way it's normally done is simply moving the schach a bit (although, as other comments have noted, it's likely unnecessary). Not sure about the shade question. I remember there's a tosafos that gets into all the trigonometry regarding the height of the walls and the sun's angle at different times of day, but I don't remember if there's anything there that could be applied here (don't have my gemara at the moment). Gezairas tikra is likely an issue. – Daniel Oct 23 '19 at 15:51
  • 1
    Possible duplicate of Must the top of a sukkah be level? – user15464 Oct 24 '19 at 10:32

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