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Siman 658 – Lulav on the first day

וChelek 6

  1. Outside the Mikdash, the mitzva of Lulav is only on the first day. To remember the Mikdash, Chazal instituted to do the mitzva all 7 days. (ShA )
  2. On Shabbos, Chazal cancelled the mitzva so no one comes to carry – even if the first day of Sukos falls out on Shabbos. (ShA – MB )
  3. The lulav, haddasim and aravos are muktza like regular sticks on Shabbos. There is no use for them. The esrog, however, is not muktza since you can sniff it. The poskim dispute if you are allowed to say a beracha on the fragrance of an esrog on Shabbos Chol Hamoed. Do not protest against someone who wants to. (Rama – MB , – ShaH 4)
  4. You aren’t yotzay with a borrowed lulav on the first day of Sukos because it needs to be “לכם” – yours. (ShA )
  5. Make sure all of the four species belong to you with a kinyan d’oraisa before the mitzva is performed. L’chatchila pay for them before Yom Tov. If not, you own them only midrabbonon unless you brought them home and were koneh them with kinyan chatzair. (ShaH 13 – MB )
  6. The lulav can become yours if someone gives it to you as a gift. Even if the gift is on condition that you return it, it is a full acquisition. Conditions never hold back partial ownership. Just make sure the lulav is returned to the giver. If not, you won’t be yotzay. (ShA – MB )
  7. The following are cases that don’t fulfil the condition:
    1. You paid for the lulav instead of giving it back.
    2. You gave one or more of the species back in a possul state.
    3. An oness happened and you weren’t able to return it.
    4. You returned it after the time of the mitzva (even if the giver didn’t stipulate when to return it – it’s obvious). (ShA – MB , )
  8. If you don’t return the lulav, there is still a way to be yotzay. That is,  if the giver states “Behold I consider it as if I have received my lulav back”. (MB )
  9. If someone gives you his lulav on the first day without stipulating at all that it is a gift, it’s obviously a gift with a condition to be returned. If you return the lulav, you are yotzay. (ShA )
  10. If you have not yet been yotzay the mitzva on the first day of Sukos (and on the 2nd day in Chutz L’aretz), do not give your lulav to a child. He will be koneh the lulav mid’oraisa and will not be able to makneh it back to you mid’oraisa. (ShA – MB )
  11. Once the boy reaches 13, we rely on chazaka that he has reached puberty and can be makneh the lulav back to you. (BeH “lo”)
  12. But there is something else you can do for a child l’chatchila. Hold the species with him. The child will not acquire the lulav, but the father will fulfil the mitzva of chinuch because chinuch does not include this detail of “לכם”. There is an opinion that you can just lend it to your child and he can fulfil chinuch, even though he will not own your lulav! (ShA – MB – ShaH 36)
  13. Every man should motivate himself to purchase his own set of species so that he can fulfil the mitzva with “לכם” fulfilled properly, and to be able to wave the lulav while reciting Hallel. (Rama – MB )
  14. The above halacha applies even when the first day of Sukos falls out on Shabbos. (MB )
  15. Your lulav must be owned by you 100%. If you are merely a partial owner, you won’t be yotzay on the first day. Your partner must give you his portion so you can fulfill the mitzva. (ShA )