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Why is a sukkah built in someone else's field without permission called a "sukkah gezulah"? The shiur examines Tosafos (תוספות)'s understanding of takanas mehresh, the din of mechubbar lekarka in kinyan chatzer, and whether the gezulah is in the walls or the land itself. A second discussion explores bal tosif and the agudah of the lulav: does tying the four species together create a metzaref that triggers bal tosif, or is the agudah merely decorative?
The shiur focuses on two major sections of Sukkah 31a-b. The first addresses Tosafos (תוספות)'s position on the case of a sukkah gezulah. When Reuven allows Shimon to build a sukkah in Reuven's field and Reuven later ejects Shimon, the Gemara (גמרא) calls this a "sukkah gezulah." Tosafos explains that Shimon retains ownership of the sukkah itself even though it stands in Reuven's reshus, because the sukkah is not mechubbar lekarka (not permanently affixed to the ground) and therefore does not automatically transfer to Reuven through kinyan chatzer. Rashi (רש"י), by contrast, appears to hold that the sukkah is mechubbar lekarka and therefore becomes Reuven's property. Rabbi Zweig presents a fundamental difficulty with Tosafos. The Maharam Schiff and Ketzos HaChoshen (siman 371) both challenge Tosafos: if the sukkah is not mechubbar lekarka and remains Shimon's property, how can using it be considered gezulah? The shiur suggests that Tosafos must be dealing with a case where the sukkah has a floor—using Shimon's floor is the act of gezulah. Without that, what is being stolen? Reuven is merely sitting on his own land. The shiur struggles with defining the nature of the gezulah: is it the act of preventing Shimon from accessing his sukkah, or is it the use of Shimon's property while it sits in Reuven's reshus?
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Sukkah 31a-b
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