Rabbi Rules Sukkot Booth Permissible in Shared Courtyard Despite Neighbor Objections

Rabbi Amos Raviello has ruled that it is permissible to build a temporary Sukkah in a shared courtyard during the Sukkot holiday, even if neighbors object. Raviello, from the Mishpat Ivri Institute, explained that while building on someone else's land without permission is generally considered theft, the case of a Sukkah is different.

He cited Talmudic discussions about land not being considered stolen, but noted that later authorities like Rabbi Moses Isserles (Rema) considered this permissible only after the fact, and Rabbi Abraham Gombiner (Magen Avraham) stated one cannot recite the blessing for dwelling in such a Sukkah. However, Raviello distinguished this from the common practice in Israel of building temporary Sukkahs in shared residential courtyards during Sukkot.

"In a shared courtyard in Israel, it is a normal and simple practice to build a Sukkah for Sukkot," he stated. Raviello emphasized that the structure is temporary and not permanent, a right that has even been recognized by the courts. Therefore, he concluded, neighborly opposition alone does not prevent the construction of the Sukkah.