A stolen lulav or a dried out lulav is pasul, [(a stolen lulav) it being written (Leviticus 23:40): "And you shall take for yourselves" — of what is yours. And after the yeush (resignation) of the owners, though he may acquire the lulav with this yeush, still, it is a mitzvah which comes through a transgression (and, therefore, no mitzvah). (and a dried out lulav is pasul), for all (four species) require "hadar" ("beautiful"), which does not obtain in such an instance.] A lulav from an asheirah [a tree that is worshipped], or from a city gone astray (after idolatry) is pasul, [having to be burned. A lulav must be of a certain size, which these, designated for burning, lack.] If its head were severed, [in which instance it is not hadar] or if its leaves were broken [and held together only by being tied], it is pasul. If its leaves were separated, [i.e., If they were joined on the spine, but inclined in different directions on top, like the branches of a tree], it is kasher. R. Yehudah says: He must tie them on top. [If the leaves became separated, he must tie them so that they rise together with the spine, as (on) other lulavim. The halachah is not in accordance with R. Yehudah.] The palms of Har Habarzel are kasher. [There are palms the leaves of whose lulavim are very short and do not rise along the length of the spine. If they are so long that the head of one reaches the base of the other, they are kasher. A lulav which is three tefachim (handbreadths) long [alongside the hadas, and an additional tefach] in order to shake it [(a lulav requiring "shaking," as explained below)] is kasher. [("in order to shake it":) Read it: "And in order to shake it"; that is, a tefach in addition to the three tefachim].
Bartenura on Mishnah Sukkah
לולב הגזול פסול – as it is written (Leviticus 23:40): “[On the first day] you shall take the product of hadar trees….,” that which belongs to you and after the owners despair, let it be his, for he acquires it through despair, nevertheless, it is a commandment/Mitzvah that comes through a transgression.
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English Explanation of Mishnah Sukkah
Introduction
The third chapter of Sukkah deals with the four species, which are together called the “Lulav.” These four species are described in Leviticus 23:40, “On the first day you shall take the product of ‘hadar’ trees, branches of palm trees, boughs of leafy trees and willows of the brook, and you shall rejoice before the Lord your God seven days.” The four species are identified by the rabbis as 1) the etrog or citron; 2) the lulav or palm-branch; 3) the hadas or myrtle; 4) the arava or willow. I will refer to them by their Hebrew names.
The Torah does not say exactly what one is to do with these four species and this led to different interpretations among ancient groups of Jews. In Nehemiah 8:14-18 we see Israelites using them, or more precisely, something similar to them, to build their sukkot. Other groups of ancient Jews used them strictly in the Temple to walk around the altar. For the rabbis the mitvah of the lulav was incumbent upon every Jew, whether at the Temple or outside of it. The rabbis explain that each Jew must simply pick these four species up once a day on Sukkot and wave them in each direction. This remains our custom to this day.
The first seven mishnayot deal with the physical attributes of the four species. To this day, observant Jews are extremely cautious to make sure that the four species look like they are supposed to look, or in Hebrew are “mehudar”, adorned.
You can find many interesting pictures and information about the four species by googling them and looking at the images.
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Bartenura on Mishnah Sukkah
והיבש פסול – for all of them require “beauty” and it is missing.
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English Explanation of Mishnah Sukkah
A stolen or a dried up lulav is invalid. There are two potential reasons why a stolen lulav is invalid. First of all, the Torah states, “And you shall take for yourselves (lachem) on the first day…” The extra word “lachem (for yourselves)” is understood to mean that a person’s lulav must be their own and not one that was stolen or even borrowed. Secondly, performing a mitzvah with a stolen item is considered a “commandment that derives from a transgression” and such an act is invalid. A dried up lulav is invalid because it is not “adorned”, meaning it does not look good.
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Bartenura on Mishnah Sukkah
של אשירה – a tree that is worshipped.
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English Explanation of Mishnah Sukkah
One [that came] from an asherah tree or from a condemned city is invalid. An asherah is a tree used for idol worship. Since it is forbidden to use anything from this kind of tree, its palm-branch cannot be used to fulfill the mitvah of lulav. A “condemned city” refers to an idolatrous city which must be utterly destroyed, according to Deuteronomy 13:13-18. Everything in the idolatrous city must be burned. Hence it is impossible to use a lulav that comes from such a city.
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Bartenura on Mishnah Sukkah
ושל עיר הנדחת פסול – for it refers to burning. But a Lulav requires a measurement, and these, since they exist for burning, their measurements are not valid.
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English Explanation of Mishnah Sukkah
If its top was broken off or its leaves were detached, it is invalid. The lulav must not be broken off at its top and its leaves must still be attached to the spine, the middle leaf that goes through all lulavim.
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Bartenura on Mishnah Sukkah
נקטם ראשו פסול – for there is no “beauty.”
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English Explanation of Mishnah Sukkah
If its leaves are spread apart it is valid. Rabbi Judah says he should tie it at the top. If the leaves are still attached but they are spread apart, the lulav is still valid. Rabbi Judah says that if the leaves are still attached one should tie the lulav (just the palm-branch) together at the top. We shall learn more about tying all four species together in mishnah eight.
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Bartenura on Mishnah Sukkah
נפרצו עליו – and they are not attached other than through binding.
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English Explanation of Mishnah Sukkah
The thorny palms of the iron mountain are valid. The “iron mountains” are identified in Josephus, Wars of the Jews 4, 8, 2 as being mountains north of Moab, on the other side of the Jordan river. From our mishnah we see that the palm trees that grew there seem to have been a slightly different type of palm. Their leaves are shorter and do not grow on the whole length of the spine. Nevertheless, they are valid for the mitzvah of lulav.
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Bartenura on Mishnah Sukkah
נפרדו עליו – they are attached at the spine, but above they are separated to this side and that side like the branches of a tree.
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English Explanation of Mishnah Sukkah
A lulav which is three handbreadths in length, long enough to wave, is valid. The lulav must be three handbreadths, long enough so that one can wave it. The Talmud explains that the lulav must actually be three handbreadths long, like the hadas and aravah, and then an additional handbreadth so that it can be waved. We will learn more about waving the lulav and other four species in mishnah nine.
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Bartenura on Mishnah Sukkah
יאגדנו מלמעלה – if the leaves became separated, he should bind them in order that they ascend with the spine like the other Lulavim, but the Halakha is not according to Rabbi Yehuda.
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Bartenura on Mishnah Sukkah
ציני הר הברזל – there are palm-trees where the leaves on their Lulavim/palm branches are very short and do not ascend the length of the spine. If they are so long that the head of one reaches to the side of its root of the other, they are valid.
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Bartenura on Mishnah Sukkah
כל לולב שיש בו שלשה טפחים – corresponding to the length of the myrtle/Hadas and a handbreadth more, in order to wave/shake it, for the Lulav is required for waving/shaking, as we will see further on (see Tractate Sukkah, Chapter 3, Mishnah 9).
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Bartenura on Mishnah Sukkah
כדי לנענע בו – it is taught, and in order to wave/shake it, that is a handbreadth greater than the three handbreadths.
