Rabbi Meir Orlian | ||
#126 |
Ha'azinu |
28.09.2012 |
Mr. Freilich examined the array of lulavim and esrogim. He chose a set for himself and one for his oldest son, who was learning in yeshivah. He had two other boys, one in high school and one, Levi, not yet bar mitzvah.
Mr. Freilich thought back to the time when he was a child, when many families had only one set. He tried to imagine what it was like centuries ago, when often the entire community would all share one set! Now, however, most people in the shul had their own set of lulav and esrog.
“I want my own set, Abba!” said Levi when his father returned home with the two lulavim and esrogim. “My friend Elimelech said that his father bought him a set this year!”
Mr. Freilich smiled at Levi.“I’m glad that you would like a set of your own,” he said. “However, we can’t afford a third set. I’ll let you use mine, which is anyway a much nicer set than what I would buy for you.”
“But my rebbi taught us that on the first day(s) of Sukkos you must own the lulav and esrog that you use,” said Levi. “If I borrow yours, how can I fulfill the mitzvah?”
“Rabbi Tzedek also mentioned this halacha on Shabbos,” replied Mr. Freilich, “but for centuries, Jews have shared arbaah minim. Would you like to come with me and ask him about this?”
“I’d love to!” exclaimed Levi. “When?”
“I’m taking this esrog over now to have him check it,” replied Mr. Freilich. “We can also ask your question.”
The two went to Rabbi Tzedek’s office. Mr. Freilich showed him the esrog, which was declared mehudar.
“Levi raised a question about what you said on Shabbos,” Mr. Freilich said. “Can I share my lulav and esrog with him on the first day(s) of Yom Tov?”
Rabbi Tzedek answered, “You can give your lulav and esrog to another adult as a gift on condition that he returns it, but you should not grant it to a child below bar-mitzvah age unless all the adults have already fulfilled the mitzvah on the first (two) day(s) of Sukkos.”
Rabbi Tzedek then explained, “Since the Torah states: ‘ul’kachtem lachem bayom harishon — you should take for yourselves…,’ a person must own the four species on the first day of Yom Tov in order to fulfill the mitzvah. Outside of Eretz Yisrael, this also applies to the second day of Yom Tov.
“When we share or ‘lend’ someone our lulav on the first day(s), we actually give it to him as a gift; when he returns it, we reacquire it from him. To protect our ownership, we typically give the lulav as a matanah al menas l’hachzir - a gift on condition that the person returns it afterwards (C.M. 241:6; O.C. 658:3-5, 9).”
“So why can’t I give my lulav to Levi, and then acquire it back?” asked Mr. Freilich.
“This is problematic with children who are not yet bar mitzvah, thirteen years old,” replied Rabbi Tzedek. “According to many authorities, minor children have the Torah ability to receive a gift when granted by others. However, they do not have the Torah ability to confer legal ownership in return, only rabbinical ability, depending on their age and maturity (C.M. 235:1, 2). For this reason, the Gemara (Sukkah 46b) says not to give the lulav to a child on the first day(s) of Sukkos if the adults have not yet fulfilled the mitzvah (see O.C. 658:6; B.H. s.v. “lo”).”
“What about my wife and older daughters?” asked Mr. Freilich.
“They are the same as other adults,” answered Rabbi Tzedek. “Although women are not obligated in the mitzvah of lulav, if they want to fulfill the mitzvah and make a brachah, as many do, they must have ownership on the first day(s).”
“So what do I do about Levi?” asked Mr. Freilich.
“You can either buy Levi his own set, which should not be used by adults on the first day(s),” said Rabbi Tzedek, “or, you can let Levi use yours without actually granting him ownership. The Shulchan Aruch indicates that this suffices for the mitzvah of chinuch (training) (O.C. 657:1; M.B. 658:28).”