Parshas Shoftim 5786
- Torah Tavlin
- Aug 14
- 2 min read
Monetary, Interpersonal Laws and Din Torah (75)
Monetary Laws. In the series we started last week discussing monetary topics relevant to the Yom Tov of Sukkos, we explained the way to buy the Arba Minim so that it correctly belongs to the buyer and he fulfills the requirement of"לכם" (owning items of mitzvah) which is required on the first two days of Sukkos. [This year when the first day of Yom Tov is on Shabbos and we don’t take Lulav and Esrog, it is relevant for the second day.] Let us continue with this monetary requirement of "לכם".
Partnership. If two or more people jointly buy a set of Arba Minim for the sake of the mitzvah, they can both [or all] be yotze one after the other. Since it was purchased for the sake of the mitzvah, each “partner” agrees that it should belong to each one completely when he picks it up for the mitzvah. In this case there is still a preference for each partner to say to the other as he lifts it up that he is clearly gifting the set to the other as a present with a condition to return it (מתנה על מנת להחזיר) as explained in Mishna Berura (1). I remember one year when a few talmidei chachamim did this as they could not afford to buy it separately. In our case of partnership, there would be a preference that each should daven at a different minyan at a different time so that each one will be able to to do the נענועים - the appropriate shaking of the four minim - during the reciting of Hallel (2).
Using Another’s Arba Minim. If one needs to fulfill the mitzvah with another person’s set, he can ask him to give him a מתנה ע"מ להחזיר. Then it is deemed “owned” by the receiver if he gives it back afterwards, when the original owner needs it. Although it is better to speak out clearly that it is a מתנה ע"מ להחזיר, if he did not, it’s like he said it since that’s what people do in such circumstances (3). When one returns the lulav set to the owner, it must be returned in a transactional manner by giving it back into the hands of the owner, not just putting it down somewhere (4). In fact, some Poskim (5) hold that he should say, “I am gifting this set back to you to be yours forever.” The Shaar Hatziyon (6) argues that it is enough just to give it back into his hands without saying anything. It is assumed that he is giving it back in a valid way to become his forever.
(1) משנ"ב תרנח:לב (2) שם:מב (3) או"ח שם:ד,ה (4) ע' ביאור הלכה רמח:ג מיוסד על רמ"א תרנח:ה (5) פמ"ג אשל אברהם תרנח:יב, מחצית השקל שם:ו (6) שם:כה