Sukkot, safety, public prayer and morale

Rav Johnny's original thoughts on the weekly parsha

In his Responsa Badei HaAron, in the volume dedicated to Pikuach Nefesh (The Protection and Saving of Life), Rabbi Re’em HaCohen addresses the nuanced halachic question of ‘sleeping in a Sukkah during a time of danger’.

To give some context, this question emerged in 5763/2002 when a series of terrorist attacks prompted Jewish families in Yehuda (Judea) and the Shomron (Samaria) to heighten their home security and consider whether it was safe to sleep outside. In such a situation, was it permitted to encourage Jews in that region to sleep in their sukkah? Alternatively, should all those living there be exempted from the mitzvah of ‘dwelling’ in their sukkah?

Rabbi HaCohen explains that “I initially asked this question of the Sefardic Chief Rabbi R’ Mordechai Eliyahu whose opinion was to exempt to exempt those people from sleeping in a sukkah. However, at that same meeting was Brigade Commander Dror Weinberg who, after consulting with his Division Commander and with the Shabak (Israeli intelligence services), stated that it would not be a good idea to stop people from sleeping in their sukkot.”

As Rabbi HaCohen subsequently explained, “while any individual who is frightened to dwell in the sukkah is certainly halachically exempt from doing so, there is a significant difference between rulings for private individuals and rulings for the general public, and there are two reasons why there should not be a blanket ban for sleeping in the sukkah, presuming the IDF support and have the capacity to defend citizens sleeping in sukkot: Firstly, members of society need to see that the IDF is willing to protect civilians who are engaged in fulfilling the mitzvah of sukkah just as they would protect any other cultural activity which is part and parcel of the experience of living in Israel. And secondly, because forbidding sleeping in the sukkah would negatively impact morale - which may then risk other aspects of security enforcement.”

To avoid any misunderstanding, Rabbi HaCohen then repeats the fact that, “if the security forces were to forbid sleeping in the sukkah, then there would be an absolute prohibition to do so.” Still, he concludes with the words that, “praiseworthy are the generation who have security forces that care so deeply about our society being able to fulfil the mitzvot.”

Nowadays, the security situation is fortunately much better than it was then, and as a result, I’ve not heard any rulings or requests for Israelis to refrain from sleeping in their sukkot this year. Still, the two concluding points made by Rabbi HaCohen are sadly very relevant in light of the disruption and violence directed towards those praying in Dizengoff Square on Yom Kippur less than five days ago. Firstly, whatever the additional factors were relating to that particular event, society needs to see to it that the police and IDF protects citizens involved in public prayer just as they would protect any other cultural activity which is part and parcel of the experience of living in Israel.

However, beyond this, and arguably even more important, is the morale factor. When Israelis and Jews around the world watched the news on Motzei Yom Kippur where they saw images of a public prayer event, held on the holiest day of the year, being attacked, this negatively affected the morale of everyone.

Overall, what Rabbi HaCohen’s responsum comes to teach us is that while it is halachically forbidden to endanger one’s life or to act recklessly, the security services of the State of Israel must do whatever they can to protect the rights of her citizens to fulfil mitzvot and to help maintain the morale of the people. And if there is anything to learn from this horrible event, it is how it has certainly negatively impacted the country’s morale – which goes to show that the ability to pray on Yom Kippur is regarded by the great majority of Israelis to be a precious and holy activity.

Shabbat Shalom & Chag Sameach!

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