Siman 668

On the night of the eighth, we pray the first three and the last three, and the sanctity of the day in the middle. The Tur and the Shulchan Aruch wrote to say "And You gave us... this eighth day, the festival of Atzeret." Our teacher, the Rema, wrote that we are accustomed not to say "festival" on the eighth, for we do not find in any place that it is called "festival." Rather, we say "this day of Shemini Atzeret." Thus far his words. And some say that one must say "this day of Shemini Atzeret, the festival" (Rashal and Taz), and such is the custom of the world, and so it is printed in the prayer books. And the reason: for "the festival" refers back to Sukkot, as it is an assembly from the festival of Sukkot. But many of the great ones of Israel agreed with the Tur and the Shulchan Aruch to say "this eighth day, the festival of Atzeret." And there are many proofs that it is called "festival," and in the Torah it is secondary to the festival of Sukkot, but it is a regal in its own right and is called "festival." And so it is in the prayer book of Rav Amram Gaon. (And it seems to me a proof for this from Masechet Soferim chapter 19, which says there regarding the seventh day of Pesach that one says "on this seventh day of Atzeret," and does not mention "festival" in it because it is not a festival in its own right. Thus far his words. And consequently, Shemini Atzeret, which is a regal in its own right—is called a festival. And granted that we do not practice regarding the seventh of Pesach like the Masechet Soferim, nevertheless it is a great proof. And furthermore, the matter is a kal vachomer: for if on the seventh day of Pesach, which is not called "festival" and is not a regal in its own right, we say "this festival of Matzot"—all the more so on Shemini Atzeret, which is a regal in its own right, that one must say "festival" regarding it. Examine it and you will find it easy. And if one said "the festival of Sukkot"—it seems in my humble opinion that he does not need to return and pray again; see Sotah 39, and in the Taz Yoreh Deah siman 220.)

In the Diaspora, one eats in the sukkah on Shemini Atzeret, during the night and the day, because it is the doubt of the seventh day. But one does not recite the blessing over sitting in it. And one recites Kiddush and says the blessing of "zeman," for it is a festival in its own right. And behold, thus the halacha was decided in the Gemara (47a), that on the eighth day we sit, but we do not recite the blessing. Nevertheless, we have seen regarding this in the poskim various customs: The Mordechai in the name of the Ra'avyah wrote that it is forbidden to sleep on the eighth day in the sukkah because of "bal tosif." For it is well regarding eating—there is a distinction in that he does not recite the blessing. But regarding sleeping, there is no distinction (Magen Avraham). And even though there is no complete "bal tosif," as I wrote in siman 666, for "bal tosif" when it is not its time requires intent, nevertheless it appears like "bal tosif." Furthermore: for in truth he sits for the sake of the mitzvah, because of the doubt. And nevertheless, a distinction is required, since we are experts in the fixing of the month. And this will be explained in section 5 with the help of Heaven.

And for this reason, they were accustomed to leave the sukkah immediately after the morning meal (ibid.). And there are those who do not sit at night, but sit during the day (ibid.), and this is not a custom (Tur). And there are those who make kiddush and taste in the sukkah, and go to the house to eat. And behold, regarding all these matters, several great ones have already cried out that one should not do so. For since the halacha was decided in the Gemara that one sits in the sukkah on Shemini Atzeret, if so, one must sit all night and all day. And one must also sleep in the sukkah, and without any difference from the entire festival.

However, in my humble opinion, there is a substantial reason for the custom of Israel, and all the matters are true, but they require explanation. For behold, it is true that in the Gemara the halacha was ruled that we do sit, but our teachers, the authors of the Tosafot, wrote there, and this is their wording: We do sit – regarding the lulav they did not want to ordain that they should take the lulav due to the doubt, because it is a Yom Tov and muktzeh for handling, and the matter would be recognizable that he is treating it with a mundane practice. But regarding a sukkah – sometimes his sukkah is pleasant to him, and he eats in it even on a Yom Tov. Thus far his words. And so wrote the Tur, and this is his wording: And it is not applicable regarding his sitting in it to say: How shall we make it mundane? For such is the way sometimes to sit in the shade of a sukkah, even not for the sake of the mitzvah of sukkah. Thus far his words. Behold, it is explicit that the primary permit is because it is not recognizable that he sits in it for the sake of a mitzvah. But if it were recognizable that he does so only for the sake of a mitzvah – it would not be proper to sit in it.

And according to this—everything is well settled. For certainly in warm countries such as Babylonia, and in the western and southern countries, where during Sukkot the air is temperate and pleasant—they are certainly obligated to eat and to sleep in the sukkah on Shemini Atzeret, just as during the entire festival. However, in the northern countries such as ours, where for the most part the weather is cold; yet if we were to exempt ourselves during the entire festival of Sukkot on account of the cold, the mitzvah of sukkah would be nullified for us, and perforce we must sit and sleep during the entire festival of Sukkot, though in truth most people exempt themselves from sleeping on account of this, as I wrote in siman 639. However, on Shemini Atzeret, which the sages commanded us to sit in it, and in a manner that it should not be evident that it is for the sake of the mitzvah, and this is something that is nearly impossible in our countries. Therefore, Heaven forbid that we should nullify the enactment of the sages, but nevertheless it is necessary to make some indication that it is not for the sake of the mitzvah, which is: that one who sleeps in the sukkah all the days of the festival—should not sleep there on Shemini Atzeret. And one who does not sleep in the sukkah, such that this would not be an indication, must perforce make some other indication, which is: either not to eat there at night, or to eat part of the meal during the day outside of the sukkah. Yet these two ways are flawed. Therefore, the best indication is to leave the sukkah immediately after the morning meal, to show that we are not doing this for the sake of the mitzvah. And with this, all the words of the customs are sustained (so it appears in my humble opinion).

And one should not eat the evening meal on Shemini Atzeret until nightfall. For if he eats it before nightfall and after the evening prayer, he cannot recite the blessing "to sit in the sukkah" because he has accepted upon himself the Yom Tov of Shemini Atzeret, yet it is still day. Nevertheless, if this occurred—he should not recite the blessing "to sit in the sukkah" (Magen Avraham, subsection 3). And there is one who says that even ab initio one may do so (Taz). But the custom is not so, for regardless, on every Yom Tov we do not eat before nightfall.

Regarding the Torah reading on Shemini Atzeret in the Land of Israel, which is only one day, they perform the hakafot, and read in "Vezot HaBerakhah" to conclude the Torah, and afterward they read in Bereishit until "asher bara Elokim la'asot." The reason for this is: so that there shall be no opening for the Satan to say that they have finished the Torah and do not wish to study it further (Tur in the following siman). And the maftir is "On the eighth day, an assembly," and the haftarah is "And it was after the death of Moses." And in the Diaspora they read "Every firstborn." And if it falls on Shabbat they begin "You shall surely tithe." And there are places where even on a weekday they begin "You shall surely tithe," because it is the season of tithes, and such is the custom among us. And they read for maftir "On the eighth day, an assembly," and the haftarah is in Kings, "And it was when Solomon finished," because Shemini Atzeret is mentioned there. And he returns the scrolls, and says Kaddish, and the shamash announces "He causes the wind to blow and the rain to fall," and its laws were explained in siman 114, see there. (And those who follow the Sephardic custom perform hakafot also on Shemini Atzeret after the Maariv prayer.)