Is an old Sukka kosher? TB Sukkah 8 and 9

On daf TB Sukkah 9 Beit Hillel and Beit Shammai argue whether a sukka needs to be built for the sake of the holiday (לְשֵׁם חַג). Bet Hillel says no and Bet Shammai says yes. This topic is introduced in the Mishna. “With regard to an old sukka, Beit Shammai deem it unfit for the mitzva of sukka and Beit Hillel deem it fit. And which is considered an old sukka? It is any booth that one established thirty days or more prior to the Festival without expressly designating that it was for the mitzva of sukka. In that case, the assumption is that he constructed it for some other purpose. However, if he established it expressly for the sake of the festival of Sukkot, even if he constructed it at the beginning of the previous year, it is fit for use in the fulfillment of the mitzva of sukka, even according to Beit Shammai.” (Sefaria.org translation) We have the tradition to begin reviewing the laws of the holiday 30 days before the holiday begins. That’s why Beit Shammai considers a sukka old if was built more than 30 days before the Sukkot. If the person was building it within the 30 day period, obviously Sukkot is on his mind and is building it for the sake of the holiday.

As usual the halakha follows Beit Hillel with one proviso. The tosefot cites the Talmud Yerushalmi’s condition that one must renew an old sukka by adding to it a handbreadth anywhere or anything new on the walls of the sukka. The Shulkhan Arukh adds this condition when it codifies the law that one does not need to build a sukka for the sake of the holiday (Orekh Hayim, 636:1). So to do many other rishonim like the Ritba, Meiri, and the ‘etur) The Bakh says that to refresh any sukkah is a good idea because it’s a way to publicize that the sukka is being built for the sake of the holiday.

Yesterday’s daf TB Sukka 8 provides us with different examples of already standing structures that can be used as a sukka because they do not need to be built for the sake of the holiday. There are two categories of these types of Sukkot, one more inferior than the other. The Gemara tries to discern which category is the better of the two.

“The Sages taught: The booths represented by the mnemonic: Gimmel, nun, beit, kaf, which stands for a booth of gentiles [goyim], a booth of women [nashim], a booth of domesticated animals [behema], a booth of Samaritans [Kutim], a booth of any sort, each is fit for use as a sukka, provided it is roofed in the standard sense. None of them is disqualified due to the one who constructed it or the purpose for which it was constructed. (Although Gentiles, women and Samaritans are not obligated to observe the mitzvah of dwelling in the sukka, their building a sukka doesn’t invalidated-gg)

“The Gemara asks: What is the meaning of the term: In the standard sense? Rav Ḥisda said that it means: And provided that one established the booth to provide shade of a sukka from its roofing, it may be used to fulfill the mitzva of sukka.

“The Gemara asks: What does the phrase: A booth of any sort, come to include? What other booths are included in this generalization? The Gemara answers: It comes to include the booths listed in another baraita with the mnemonic: Reish, kuf, beit, shin, as the Sages taught: The booth known by the mnemonic reish, kuf, beit, shin, which stands for the booth of shepherds [ro’im], the booth of fig driers [kayyatzim], the booth of guards of fields [burganin], the booth of the guards of produce [shomerei peirot], a booth of any sort, each is fit, provided it is roofed in the standard sense.

“The Gemara asks again: What is the meaning of the term: In the standard sense? Rav Ḥisda said that it means: And provided that one established the booth to provide shade of a sukka, it may be used to fulfill the mitzva of sukka.

“The Gemara asks: What does the phrase: A booth of any sort, come to include? The Gemara answers: It comes to include the booths listed in the first baraita cited above with the mnemonic gimmel, nun, beit, kaf.

“The Gemara explains: This tanna who taught and detailed the halakhot of booths of gimmel, nun, beit, kaf did so because the fitness of the booths of gimmel, nun, beit, kaf for use in fulfilling the mitzva of sukka is powerful and more obvious to him because they are permanent structures, even though their builders are not obligated in the mitzva. And he taught: Booths of any sort, to include the booths of reish, kuf, beit, shin, which, although they are seasonal and not permanent structures, may still be used to fulfill the mitzva of sukka.

“And that other tanna who taught and detailed the halakhot of booths of reish, kuf, beit, shin did so because the fitness of the booths of reish, kuf, beit, shin for use in fulfilling the mitzva of sukka is powerful and more obvious to him because those who constructed the booths are obligated in the mitzva of sukka. And he taught: Booths of any sort, to include the booths of gimmel, nun, beit, kaf, which, although those who constructed them are not obligated in the mitzva, may still be used to fulfill the mitzva of sukka.” (Sefaria.org translation)

Although the Gemara never decides which is the more inferior of the two categories, we learn an important halakha. Whatever the standing structure is, the booth must provide shade of a sukka to be a kosher sukka. This discussion also proves that the halakha follows Beit Hillel that the sukka does not need to be built for the sake of the holiday.