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Week 34 - Thursday - 20 July 2000

SUKKAH: CHAPTER 3: MISHNAH 1

A stolen or withered Lulav is invalid. Of an Ahserah or of a condemned city is invalid. If its tip is nipped off, its leaves were separated it is invalid. If its leaves were spread apart it is valid. R. Yehudah says, One ties them together at the top. The thorn palms of the Iron Mountain are valid. A Lulav three handbreadths in length, long enough to be waved, is valid.

Kehati

In the section devoted to the Festival of Sukkot, the Torah lays down: (Lev. 23:40): "And you shall take unto yourselves on the first day, the fruit of the tree of Hadar, palm branches, and the bough of a thickly covered tree, and willows of the brook; and you shall rejoice before the Lord, your God, seven days". In Rambam's code, the plants are enumerated as follows: "Fruit of the tree of Hadar" - is the Etrog (See Gemara 35a); "Palm branches" - these are the young branches, with the leaves still closed and clinging to the stem - giving the appearance of a rod - before they begin to spread apart. This is the so-called Lulav. "a bough of a thickly covered tree" - this is the Hadas (myrtle), the leaves of which cover the stem. "Willows of the brook" - are not necessarily plants growing by running water. The reference is to a particular kind known as "willow of the brook," the leaf of which is elongated, its edge smooth, and its stem red. It is called Aravah, and since it most often is found growing by brooks and rivers, it bears the name: "Willow of the brook." …All these attributes derive from the oral tradition transmitted by Moses our teacher. - These four species together constitute a single mitzvah, the absence of one rendering the rest invalid. Together they are called "mitzvat Lulav" (Hilkhot 7:1-5). The chapter that follows enumerates the laws governing these four species, the first mishnah beginning with the Lulav.

A stolen or withered Lulav is invalid - the Gemara derives the disallowing of the stolen Lulav from the Scriptural injunction "And you shall take unto yourselves" - which the Sages take to imply "from what belongs unto yourselves", which excludes stolen property. Now, even if the original owner despairs of ever regaining possession of his Lulav, in which case he is regarded as relinquishing his ownership of the article, and it now becomes the property of the person in whose possession it happens to be (through ye'ush - "despair"), nevertheless it cannot be used by the possessor to fulfill the mitzvah, since by Rabbinical decree, a mitzvah performed with a stolen article, i.e., by means of a transgression, is invalid.

A withered Lulav is invalid because it lacks Hadar - splendor. Since the remaining species are enumerated in juxtaposition to Etrog, which is designated as Hadar, this condition applies to them all, by the principle of hekesh "analogy".

Of an Asherah - a tree that is the object of idolworship, must, by law, be burnt,

Or of a condemned city - a city inhabited by Jews, the majority of whom strayed to idolatry. The Torah ordains that such a city be destroyed: "You shall surely smite the inhabitants of that city with the edge of the sword…and shall burn with fire the city and all the spoil thereof…" (Deut. 13:16-17)

Is invalid - a minimum, requisite size has been set for a Lulav; since the Lulav of an Asherah or an idolatrous city must be burned, legally it is presumed as already burnt to ashes and therefore lacking the requisite size of Lulav.

If its tip is nipped off - the branch is no longer Hadar or

Its leaves were separated - from the stem and then re-tied to it (so Rashi, Bartenura); according to others (Alfasi), the leaves the leaves were loose although still remaining attached to the spine; or else the individual leaves were split lengthwise, as they are usually cut for basket-making (Ravad),

It - the Lulav - is invalid.

If its leaves were spread apart - like those of a full-grown palm branch - it is valid

R. Yehudah says - that if the leaves have spread apart, the Lulav is only valid if - one ties them together at the top - to the spine. R. Yehudah's view is rejected. The thorn palms of the Iron Mountain - identified by some near the River Arnon; according to the Gemara, in the Valley of Ben Hinnom. Others define these as the tough palms, which have very short leaves that fail to cover the entire length of the spine, Are valid - the Gemara stipulates that the tip of one leaf must reach the juncture of the leaf immediately above it. If not, the Lulav is invalid. A Lulav three handbreadths in length - which is the minimum length for the myrtle - long enough to be waved - the Gemara emends the text to read "and long enough to be waved", hence the Lulav must be three handbreadths in length to match the myrtle and willow twigs, and an additional handbreadth for waving (since it is obligatory to wave the Lulav) - is valid - for the fulfillment of the mitzvah of Lulav.

SUKKAH: CHAPTER 3: MISHNAH 2

A stolen or withered myrtle is invalid. Of an Asherah or of a condemned city is invalid. If its tip was nipped or its leaves severed or its berries were more numerous than its leaves, it is invalid. If one reduced them it is valid. But they are not to be reduced on the Festival.

Kehati

This Mishnah deals with the Hadas or myrtle branch. As mentioned previously the leaves of this plant cover the stem, and where sets of three or more leaves follow one another in circles and the leaves do not issue from the stem singly or in pairs at separate points, the myrtle is valid for the mitzvah of the Four Species.

A stolen or withered myrtle is invalid - for the same reason that a stolen or withered Lulav is disqualified (see previous mishnah).

Of an Asherah or of a condemned city is invalid - as explained in the case of the Lulav.

If its tip was nipped - i.e., the top of the twig was broken or cut off, thereby destroying its Hadar

Or its leaves severed - the majority of its leaves fell off, or, according to another view, most of its leaves were split; Or its berries were more numerous than its leaves - the fruit of the myrtle resembles a small grape. If these berries outnumbered the leaves it is invalid. The Gemara explains that only black or red berries spoil the Hadar quality of the twig and thus invalidate it. However, when the berries are still green, matching the color of the leaves, the myrtle is fit for the mitzvah of the Four Species.

If one reduced them- a sufficient number of berries were plucked from the twig, so that they no longer outnumber the leaves,

It - the myrtle is valid.

But they are not to be reduced on the Festival - it is forbidden to remove these berries on Yom Tov since this is akin to "mending a vessel" on the Festival.

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