Parshas Ki Seitzei 5786
- Torah Tavlin
- 4 hours ago
- 2 min read
Monetary, Interpersonal Laws and Din Torah (76)
Arba Minim. Previously, we explained the requirement of owning the set of Arba Minim to fulfill one’s obligation on the first two days of Sukkos. One can fulfill this with his friend gifting him the set on the condition that he gives it back, "מתנה על מנת להחזיר". Some have a custom to lift up the set 12 inches to acquire ownership, then put it down, and lift it up again to fulfill the mitzvah with a separate “taking.” (1) However, many Poskim hold that he can accomplish the transaction and the mitzvah in one shot, as explained in Halichos Shlomo (2). As to the question of how to make monetary transactions on Shabbos and Yom Tov, the Poskim (3) answer that the Rabbinic prohibition of “kinyan” was never decreed for the immediate fulfillment of a mitzvah.
Giving Arba Minim to a Minor. One should not give his set to his son who is a minor before he himself fulfills the mitzvah (4) because the son will gain full possession when his father gives it to him, and he cannot return it to his father because the kinyan done by a minor to give to another is not valid. The father must therefore do the mitzvah himself [as well as all the other adults in the household] and then give it to the minor.
Chutz L’aretz. Outside Eretz Yisroel where there are two days of Yom Tov, we have a problem. Since we follow the strict opinion that requires one to own his set also on the second day, how can one get the set back from his son the minor, whom he gave it to on the first day? If he just lends it to his son, there is a difference of opinion amongst the Poskim (5) if one fulfills the mitzvah of chinuch with a set that does not belong to the minor. There are two ways to deal with this. One is to lend it to his son on the first day and rely on those who say that he fulfills chinuch in this manner. From Shaar Hatziyon (6) it seems he holds this is the main opinion, even for the son to say a beracha. Second is to have in mind as follows: “If the halacha is, giving my son will hinder my mitzvah tomorrow, I am lending him. If the halacha is that it will not hinder my mitzvah tomorrow, then I am giving it to him.” This year there is no Arba Minim on the first day due to Shabbos, so there is no problem and all the adults should do the mitzvah before giving it to the minor.
(1) מיוסד על כפות תמרים, והוספות לשו"ע הרב תרנא:ח (2) יא:יב, חוט השני יז:ה (3) משנה ברורה שו:לג בשם המגן אברהם (4) או"ח תרנח:ו (5) ע' מ"ב תרצח:כח (6) תרצט:לו