DailyHalacha.com for Mobile Devices Now Available

Halacha is In Memory of
 Sarah bat Pauline, Thomas ben Sarah & Tracy bat Pauline
"In Loving Memory of Mommy, brother & sister "

Dedicated By
Pauline Pomerantz

Click Here to Sponsor Daily Halacha
      
(File size: 1.21 MB)
Succot: Owning the Lulav and Etrog on the First Day

On the first day of Succot, one must fulfil the Misva of Lulav and Etrog with a set that belongs to him. This is derived from the Pasuk: "V’Lakachtem LA’CHEM B’yom Harishon. (And you shall take for yourself on the first day…)." "Lachem" (for yourself) implies "MiShelechem" (belonging to you). Therefore, a person may not use a borrowed set to fulfil his obligation. If someone doesn’t own a set, he must acquire it from his friend as a gift (with a stipulation that he return it). Accordingly, it is problematic to give a child a set to use on Yom Tob. The child has sufficient Da’at (Halachic competence) to receive the gift and become the owner as required, but he does not have the Da’at to perform the transaction of giving it back. Therefore, one should first fulfil the Misva himself and only then give it to a minor to use.

The following case happened in Kahal Kadosh Ateret Torah on the first day of Succot. A father fulfilled the Misva of Lulav and Etrog and then gave it to his son, as stated above. However, the question arose as to how he will fulfill his Misva the next day, the second day of Yom Tob, which is celebrated in the diaspora. The Etrog will remain the property of his son and many authorities hold that the requirement of owning the Arba’at Haminim applies to the second day as well.

While he was given the answer that there is nothing to be done, and he may not use his Etrog, Hacham Ovadia (Hazon Ovadia p. 399 in the footnote) found a way to solve the problem. He cites the minority opinion of the Ran that a child over six, who has reached the age referred to as "Peutot," has the Halachic competence to perform a transaction of giving. While this is not the accepted opinion, it is significant enough to create a Safek Sefeka (Double Doubt). Perhaps the second day is actually Hol Hamoed; and even if it is Yom Tob and ownership of the Etrog is required, perhaps the Halacha is in accordance with the Ran that a six year old child can make a transaction. Based on this, he permits the father to use his Etrog on the second day and make a Beracha. Moreover, an additional doubt can be added to this equation. Even if the second day is actually Yom Tob, perhaps the Halacha is in accordance with the opinions that the second day of Yom Tob does not require "MiShelechem," and one does not need to own the Etrog on the second day.

SUMMARY
One must own the set of Lulav and Etrog in order to fulfil the Misva on the first day of Succot. Therefore, he should first fulfil the Misva before letting his minor child do so. However, after giving it to his child on the first day, there is no problem fulfilling the Misva with that set on the second day of Yom Tob.

 


Recent Daily Halachot...
The Proper Way for Kohanim to Position Their Hands and Fingers During Birkat Kohanim
The Proper Pronunciation of the Name of Hashem
The Importance of Learning Torah at Night
Performing the Misva of Shilu’ah Ha’ken with a Bird’s Nest in One’s Property
Reciting the Verse “Vihi No’am” Before Performing a Misva
Asking Questions To Your Rabbi
Touching a Torah Scroll with One’s Bare Hands
Kissing Somebody After He Received an Aliya
What Kind of Book or Scroll Should be Used for the Haftara Reading?
Shemitat Kesafim- Somebody Who Did Not Write a Prozbul Before the End of a Shemita Year
The Status of Willful Violators of Shemitat Kesafim
Rolling a Torah Scroll in its Case
Studying Torah in a Synagogue or Study Hall; Studying Audibly; Studying with a Partner or Group
The Reading of Parashat Masei at Mincha on Shabbat, Monday and Thursday
Earning a Livelihood - Basic Halachic Guidelines
Page of 239
3585 Halachot found