Yona Reiss The Laws Rosh , RIETS of Av of the Chicago Rabbinical Council

THE OF THE AFTER THE FIRST DAY OF SUKKOT

perfectly clear, because the Rambam בראשונה היה לולב ניטל במקדש שבעה e are accustomed to ,in the Mishneh (Hilchot ובמדינה יום אחד. fulfilling the mitzvah of netilat lulav, of taking Originally, the lulav was taken in the 7:13), when codifying the law of the theW lulav, together with the , Mikdash for one day, and in the rest of Mishna, does not explicitly define hadassim and aravot (the “four the country [medina] for one day. Mikdash as including . species”), throughout the seven days (s.v. B’mikdash, B’medinah) This distinction between the Mikdash of Sukkot, except for . indicates that the word Mikdash is and other locations is derived from However, it is important to remember a reference to the Beit Hamikdash the verse in the Torah (Vayikra 23:40) that in the days of the Beit Hamikdash alone and does not include Jerusalem, that states: which was treated as part of the ולקחתם לכם ביום הראשון פרי עץ הדר Holy Temple), the mitzvah of taking) and shaking the lulav for seven days medina. By contrast, the Rambam in כפות תמרים וענף עץ עבות וערבי נחל his Commentary to the Mishna writes ושמחתם לפני ה’ אלקיכם שבעת ימים. was only in the Mikdash itself, while in other locations the mitzvah was that the word “medina” does not And you shall take for yourselves on only for one day. This distinction is include Jerusalem, thus indicating that the first day the fruit of the tree hadar recorded in the Mishna ( 41a), Jerusalem is treated the same as the [beautiful] branches of palm trees, and which states: Beit Hamikdash. This is not, however,

20 Rabbi Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Sukkot 5779 the boughs of thick leaved trees, and ibid) that, in commemoration of an etrog or lulav would have a crack willows of the brook; and you shall the Beit Hamikdash, the lulav (and (nisdak), or if an etrog would be rejoice before the Lord your God seven other species) should be taken in all missing its stem (natal uktzo), they days. locations for the full seven days of would be invalid only on the first day Translation courtesy of the Koren the Sukkot holiday. This ordinance but kosher on the other days. So too Tenakh applied even though the mitzvah, the requirement that the four species according to the Torah, outside of be owned by the one fulfilling the The Gemora Sukkah( 43a) derives that the first part of the verse, referring the Mikdash is only for one day. mitzvah and not be borrowed (shaul) to mitzvah of taking the four species Furthermore, it was decreed (Sukkah from somebody else, which is derived 44a) that the four species should from the word — meaning bayom harishon — “on the first day,” lachem never be taken on Shabbat even on that “you” shall take ( 41b) is applicable to all locations (gevulin), Sukkah while the latter part of the verse, the first day of Sukkot, since the — is only applicable on the first day which extends the mitzvah to seven in the Diaspora, who would not know of Sukkot, but not on the subsequent when the sanctification of the new days (see days, is only applicable lifnei Hashem Sefer Arba’at Minim moon had taken place in , could , page 96). Elokeichem — for those “rejoicing Hashalem not be sure that the first day was really before the Lord,” namely in the If there is a defect relating to “hadar” vicinity of the Beit Hamikdash. Sukkot. — to the “beauty” of the four species In fact, while the Beit Hamikdash was It follows that nowadays, the Torah — such as if the etrog would have still standing, it appears that there requirement of taking the lulav a blister or black discoloration on was not even a rabbinic requirement is only on the first day of Sukkot, its upper portion, there is a dispute to take the four species outside of whereas the requirement on all among authorities as to whether this the vicinity of the Beit Hamikdash the other days of Sukkot is only would be a disqualification only on following the first day of Sukkot. rabbinic in nature. This has several the first day or even on subsequent Furthermore, on the first day of ramifications. For example, there days. TheMechaber appears to be Sukkot there was no restriction against is a general rule that in doubtful lenient about this issue, while the taking the lulav and other species on situations (safek), we should be Rema is stringent (Orach Chaim Shabbat itself, although precautions stringent regarding Torah laws, but 649:5), so that in practice Ashkenazim were taken to ensure that individuals lenient regarding rabbinic laws. Thus, are strict about this issue. not carry the lulav and other species in in situations where there is a doubt However, when there are multiple the public thoroughfare in violation of whether any of the individual species mitigating considerations, such as the prohibition against carrying items is kosher for purposes of the mitzvah, with respect to an etrog that has lost there is more room for leniency after in the public domain on Shabbat (see its pitum, where according to some the first day of Sukkot ( , Mishnayot Sukkah, 41b and 42b). On Pri Megadim opinions the defect is based on choser, the other days of Sukkot, when the Mishbetzot Zahav, 649:10). that would be acceptable after the four species were only taken in the Second, there is a difference between first day. Even according to the other Mikdash, the mitzvah was suspended the types of blemishes that would opinions that the defect is based on by the on Shabbat based on disqualify the four species on the hadar, there are opinions (as indicated the concern that a person might first day of Sukkot as opposed to the above) who hold that a lack of hadar is mistakenly carry his lulav in a public remainder of the days of Sukkot. For also acceptable after the first day, and thoroughfare to learn from an expert example, the Gemora derives (see that there is more room for leniency. how to make the correct blessing Rashi, Sukkah 36b s.v. U’mashninan) In practice, such an etrog could be or how to shake the lulav properly from the words ulekachtem lachem — used for the mitzvah on the remaining (Sukkah 42b). that there is a requirement for lekicha days of Sukkot without a blessing, or It was only after the destruction of tamah — that the species be whole even with a blessing, if there is a third the second Beit Hamikdash that and not deficient (choser). However, ground for leniency, such as a case R. Yochanan ben Zakai enacted a this defect for a lulav or etrog is only where the pitum is hanging by a thread applicable on the first day. Thus, if (see , ch. 648, n. 18), or rabbinic ordinance (Sukkah 41a, Piskei Teshuvot

21 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Sukkot 5779 was only partially cut off Sefer( Arba’at Other authorities, namely the Ritva though it is observed as a full-fledged Minim Hashalem, page 72, n. 62). and the Ramban (see Chidushei replication of the first day. TheKesef There are similar considerations for HaRitva, Sukkah 29b), rule that the Mishneh (ad locum) explains that leniency after the first day regarding disqualification of using a borrowed since nowadays we are beki’in bekevia a lulav in which the middle leaf has set of four species is only applicable d’yarcha — we are knowledgeable on the first day, even in the Mikdash. about the exact times for the been split (nechleka hatiyomet), since according to some opinions However, this is a unique exception beginning of each month — there is that applies to this disqualification no need to apply the stringencies of the problem is lekicha tamah (lack of wholeness), which is kosher after the alone because it is not a chomer the first day of Sukkot to the second first day. Even according to the other b’gufan shel arba’at minin — it is not day outside of Israel as well. a defect intrinsic to the four species opinions, that the problem is one of However, the Rosh (Sukkah, 3:3) themselves. lack of hadar, perhaps the halacha is contends that just as the second day like the Mechaber who holds that this Another possible distinction between of Sukkot outside of Israel is treated type of defect is acceptable after the the first day and subsequent days is as the first day in terms of being a first day (see Nitei Gavriel, Hilchot with respect to the intention of the yom tov, it is appropriate to observe Arba’at Minim, chapter 39, note 17). one performing the mitzvah. Thus, the stringencies of the first day with Shlomo Zalman Auerbach rules respect to the four species as well. According to Tosafot (Sukkah 29b, ( , Sukkot 11:25) s.v. “Be’inan), the Torah itself does Halichot Shlomo In practice, we adopt a compromise, not distinguish between the first day that when performing the mitzvah of whereby we rule that if any of the four and subsequent days with respect the four species after the first day, we species possess disqualifying features to any disqualifying features of the should specifically have the intention that would be acceptable on the four species. Rather, the distinction of doing the mitzvah zecher lamikdash other days, it may be used (if no more between the first day and subsequent — in commemoration of the Beit perfect specimen is readily available) days is based on a rabbinic decision Hamikdash. on the second day in the Diaspora for to invalidate only severe defects, What about the second day of Sukkot fulfillment of the mitzvah, but without including defects of hadar (consistent in the Diaspora, which is generally the recitation of a blessing (Shulchan with the ruling of the Rema), for all observed as if it were the first day Aruch 649:5, Mishneh Berurah s”k 50). seven days. Therefore, in the Beit of Sukkot? The Rambam Hilchot( A final question is whether the seven- Hamikdash, where the taking of Lulav, 8:9) rules that the leniencies day Torah obligation in the Beit the four species is always a Torah with respect to the four species of the Hamikdash is applicable nowadays in requirement, all the disqualifications subsequent days of Sukkot would be Jerusalem. As previously noted, the of the four species would be applicable applicable nowadays on the second Rambam indicates in his Commentary for the entirety of the Sukkot holiday. day of Sukkot outside of Israel, even to the (Sukkah, chapter 3)

22 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Sukkot 5779 that Jerusalem has the same status Even though it appears that most Included in this aspiration would of the Beit Hamikdash in terms of authorities reject the opinion of seem to be the desire to fulfill the requiring the taking of the four species Rabbi Ettlinger (see, e.g.,Orot Chag mitzvah in its original fashion. for the entirety of the Sukkot holiday. HaSukkot, chapter 42, noting the By contemplating the possibility of Based on this comment on the discrepancy in the Rambam’s own fulfilling the mitzvah of lulav after Rambam, Rabbi Yaakov Ettlinger formulation in the ), the first day of Sukkot in the manner his novel insight represents, on (Bikurei Yaakov, siman 658:1) that the mitzvah was fulfilled in the opined that someone in the Old City Beit Hamikdash, and by appreciating of Jerusalem can fulfill the Torah how fortunate we are today to be able obligation of taking the four species By contemplating the to perform the mitzvah in Jerusalem for the full seven days of Sukkot (other altogether, we stir up our yearnings than Shabbos due to the rabbinic possibility of fulfilling for redemption. May the day come decree). Furthermore, he held that the mitzvah of lulav after soon when we will return to Zion within the Old City of Jerusalem, all and rejoice in the fulfillment of the the disqualifications applicable to the first day of Sukkot mitzvah of the four species according the four species on the first day of in the manner that the to the Torah for seven days in the Sukkot would pertain to the entirety eternal Beit Hamikdash of the future. of the Sukkot holiday, including mitzvah was fulfilled not using “borrowed” four species, in the Beit Hamikdash, in accordance with the opinion of Tosafot. We would similarly have to and by appreciating be stringent in Jerusalem regarding how fortunate we are any “doubtful” disqualifications of the four species for the entire duration of today to be able to Sukkot. perform the mitzvah in Accordingly, there are those who Jerusalem altogether, travel to the Old City of Jerusalem after the first day of Sukkot to we stir up our yearnings satisfy a potential fulfillment of the for redemption. Torah obligation of the four species throughout the holiday. However, Rav Tzvi Pesach Frank (Sukkot 2:13) notes some level, an ideal fulfillment of that it is not clear that someone who the enactment of R. Yochanan ben began the day outside of Jerusalem Zakai. After all, the Gemora Sukkah( can become subject to the Torah 41a) records that the purpose of his obligation by arriving in Jerusalem in enactment was to motivate us to the middle of the day. Therefore, he yearn for the rebuilding of the Beit recommends that someone who wants Hamikdash (Tziyon hi doresh ein lah, to observe this stringency should try michlal d’baya derisha —she is Zion to be in the Old City by the crack of and nobody seeks her — implying dawn. that she needs to be sought out).

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23 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Sukkot 5779