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If it's raining, most people will go inside and not eat in the succah. If, however, someone chooses to stay and eat in the succah, must they stay in the kosher part, or is it OK to go into a non-kosher part?

It seems that since it's raining, there would be a ptur (exemption) from eating in the succah. But perhaps by staying outside, this guy negates his p'tur and must stay in kosher areas.

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According to Rama 639:7 ("and whoever is exempt from suka and doesn't leave there… that's nothing but laity") as explained by Beur Halacha ("as [the pain of being in the rain] is a violation of yom tov"), if he's going to violate the Rama's injunction and sit in the suka during a rainfall, then I'd say he should sit in the least uncomfortable spot, even if that's not normally a valid suka spot.

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  • Qitzur Shulhhan Arukh, Yalqut Yosef (Orahh Hayim 635:4) states (based on Hazon 'Ovadiah) that there is no Biblical prohibition in staying in the sukkah during rainfall; but, the person is still deemed lay as you cited. – Lee Oct 14 '14 at 13:57
  • Humbly, I would alter your final comment to read that "he must sit in the least uncomfortable spot". Since we are no longer concerned about his obligation of sitting in the sukkah (since he is exempt from this obligation due to rainfall), one could argue that we are now dealing with "Wenishmartem me'od lenafshotekhem". – Lee Oct 14 '14 at 14:03
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    Who's translation is that? – Double AA♦ Oct 14 '14 at 14:33
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    @DoubleAA, in the answer? Yours truly's. – msh210♦ Oct 14 '14 at 16:04
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    @Dude, if you can provide a source for the attitude+practice you're citing, I think it would belong in an alternative answer post. It seems, at least on its face, to be inconsistent with the sources cited in this answer. – Isaac Moses♦ Oct 14 '14 at 16:32
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According to the Gra (Commentary to OC 639:5) a three-walled structure with a plant-based roof that has rain leaking in it is not a Sukkah at all. Thus it doesn't really matter where you sit because there is no Sukkah in the vicinity.

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