1. The Requirement of Ownership in Sukkah and Lulav
The discussion in Shulchan Menachem, Siman Shin Yud Aleph (311), centers on the concept of lochem—“for you”—as it applies to the mitzvah of Sukkah. There are different levels of rights a person can have regarding an object: sometimes one has permission to use something without owning it, and sometimes one neither owns nor has permission, as in the case of theft. Both by Lulav and Sukkah, the Torah uses language that implies ownership is required. For Lulav, the verse says ulekachtem lochem—you must take for yourselves—which teaches that the Lulav must be owned by the person performing the mitzvah.2. Borrowed vs. Owned: The Case of Lulav
It is well known that on the first day of Sukkos, one cannot fulfill the mitzvah with a borrowed Lulav. Even if you have permission to use it, since it is not truly yours, you are not yotzei—you do not fulfill your obligation. The common practice is to give the Lulav as a matona al menas lehachzir—a gift on condition that it will be returned—so that each person can truly own it while making the bracha. This ensures compliance with the requirement of lochem.3. Dispute Regarding Ownership in Sukkah
The Gemara discusses whether this same standard applies to Sukkah. According to the first opinion (the Tanakama), one cannot fulfill the mitzvah in someone else’s Sukkah unless it is given as a gift, just like with Lulav. However, the Chachamim disagree: while a borrowed Lulav does not suffice, a borrowed Sukkah does. They cite a verse from which we learn that “all Jews can sit in one Sukkah,” implying that ownership is not required for each individual. If everyone needed to own at least a minimal share (shaveh prutah) in every communal Sukkah, this would be impractical.4. The Distinction Between Borrowed and Stolen Sukkah
The Gemara further clarifies: although a borrowed Sukkah is valid according to the Chachamim, a stolen Sukkah is not. The verse ta’aseh lecha—“make for yourself”—excludes stolen property from being used for this mitzvah. Thus, for Sukkah, “yours” excludes only theft but includes borrowing, whereas for Lulav even borrowing does not suffice.5. Practical Implications and Halachic Nuances
In practice, we follow the Chachamim: people routinely fulfill their obligation by sitting in others’ Sukkahs but do not use others’ Lulavim without formal transfer of ownership. This raises questions about what “yours” means in each context. By Lulav, “yours” means exclusive ownership; by Sukkah, due to kol ha’ezrach b’yisrael yeshuvu basukos—all citizens of Israel shall dwell in sukkahs—a borrowed structure suffices.6. The Alter Rebbe’s Approach: Borrowed Is Truly Yours
The Rebbe points out that according to the Alter Rebbe’s Shulchan Aruch, it’s not simply that less ownership is required for Sukkah than for Lulav. Rather, when you borrow a Sukkah, it becomes “yours” in a real sense (shelcha mamash). The Alter Rebbe argues that borrowing confers true status of ownership regarding this mitzvah because dwelling in a borrowed home makes it functionally yours during your stay.7. Why Borrowing Works Differently for Sukkah Than Lulav
This leads to an important distinction: why doesn’t borrowing work for Lulav? The answer lies in the nature of each mitzvah’s requirements. A home or dwelling space naturally becomes identified with its occupant—teshvu ke’ein taduru, you shall dwell as you live at home—so lending your Sukkah means granting full use as if it were their own home. In contrast, lending an object like a Lulav does not transfer such identification or status.8. Additional Halachic Considerations and Practical Questions
Questions arise regarding public property or unauthorized entry into someone else’s Sukkah: if one enters without permission and makes a bracha, is it valid? Generally, if there was no permission granted, one should not make a bracha or perform the mitzvah there (bracha levatala). However, since land (karka) cannot technically be stolen (karka eina nigzeletz) and rental confers sufficient rights for dwelling purposes, wherever someone lives—owned or rented—serves as their place for building a Sukkah. The Rebbe emphasizes that when you invite someone into your Sukkah or lend them its use during Yom Tov, halachically it becomes theirs for fulfilling the mitzvah due to its function as their temporary home—unlike other mitzvos such as tefillin where no such requirement exists.9. Summary: The Deeper Meaning of ‘Yours’ by Sukkah
In summary, while both Lulav and Sukkah require “ownership,” their definitions differ fundamentally due to Torah verses and practical realities of dwelling versus using an object. By lending your Sukkah or inviting guests inside with permission—even temporarily—it becomes theirs sufficiently for them to fulfill their obligation according to halacha and especially per the Alter Rebbe’s understanding.Thus, “borrowed” by Sukkah means true functional ownership during use—a unique halachic category rooted in how Torah defines dwelling and possession within this mitzvah.
This shiur discusses the requirement of ownership in the mitzvos of Sukkah and Lulav. The discussion in Shulchan Menachem, Siman 311, focuses on the concept of lochem (“for you”) as it applies to Sukkah. There are different levels of rights: sometimes one has permission to use something without owning it, and sometimes one neither owns nor has permission (as in theft). Both by Lulav and Sukkah, the Torah uses language implying ownership is required. For Lulav, the verse says ulekachtem lochem (“you must take for yourselves”), teaching that the Lulav must be owned by the person performing the mitzvah.
It is well known that on the first day of Sukkos, one cannot fulfill the mitzvah with a borrowed Lulav. Even if you have permission to use it, since it is not truly yours, you do not fulfill your obligation. The common practice is to give the Lulav as a matona al menas lehachzir (“a gift on condition that it will be returned”) so that each person can truly own it while making the bracha. This ensures compliance with lochem.
The Gemara discusses whether this same standard applies to Sukkah. According to the first opinion (the Tanakama), one cannot fulfill the mitzvah in someone else’s Sukkah unless it is given as a gift—just like with Lulav. However, the Chachamim disagree: while a borrowed Lulav does not suffice, a borrowed Sukkah does. They cite a verse from which we learn that “all Jews can sit in one Sukkah,” implying that ownership is not required for each individual. If everyone needed to own at least a minimal share (shaveh prutah) in every communal Sukkah, this would be impractical.
The Gemara further clarifies: although a borrowed Sukkah is valid according to the Chachamim, a stolen Sukkah is not. The verse ta’aseh lecha (“make for yourself”) excludes stolen property from being used for this mitzvah. Thus, for Sukkah, “yours” excludes only theft but includes borrowing; whereas for Lulav even borrowing does not suffice.
In practice, we follow the Chachamim: people routinely fulfill their obligation by sitting in others’ Sukkahs but do not use others’ Lulavim without formal transfer of ownership. This raises questions about what “yours” means in each context. By Lulav, “yours” means exclusive ownership; by Sukkah—due to kol ha’ezrach b’yisrael yeshuvu basukos (“all citizens of Israel shall dwell in sukkahs”)—a borrowed structure suffices.
The Rebbe points out that according to the Alter Rebbe’s Shulchan Aruch, it’s not simply that less ownership is required for Sukkah than for Lulav. Rather, when you borrow a Sukkah it becomes “yours” in a real sense (shelcha mamash). The Alter Rebbe argues that borrowing confers true status of ownership regarding this mitzvah because dwelling in a borrowed home makes it functionally yours during your stay.
This leads to an important distinction: why doesn’t borrowing work for Lulav? The answer lies in each mitzvah’s requirements. A home or dwelling space naturally becomes identified with its occupant—teshvu ke’ein taduru (“you shall dwell as you live at home”)—so lending your Sukkah means granting full use as if it were their own home. In contrast, lending an object like a Lulav does not transfer such identification or status.
Questions arise regarding public property or unauthorized entry into someone else’s Sukkah: if one enters without permission and makes a bracha, is it valid? Generally, if there was no permission granted one should not make a bracha or perform the mitzvah there (bracha levatala). However, since land (karka) cannot technically be stolen (karka eina nigzeletz) and rental confers sufficient rights for dwelling purposes—wherever someone lives (owned or rented) serves as their place for building a Sukkah. The Rebbe emphasizes that when you invite someone into your Sukkah or lend them its use during Yom Tov, halachically it becomes theirs for fulfilling the mitzvah due to its function as their temporary home—unlike other mitzvos such as tefillin where no such requirement exists.
In summary: while both Lulav and Sukkah require “ownership,” their definitions differ fundamentally due to Torah verses and practical realities of dwelling versus using an object. By lending your Sukkah or inviting guests inside with permission—even temporarily—it becomes theirs sufficiently for them to fulfill their obligation according to halacha and especially per the Alter Rebbe’s understanding. Thus “borrowed” by Sukkah means true functional ownership during use—a unique halachic category rooted in how Torah defines dwelling and possession within this mitzvah.
Summary
This shiur clarifies how halacha distinguishes between ownership requirements for Lulav and Sukkah: while exclusive ownership is needed for Lulav on day one of Sukkos, borrowing suffices for fulfilling the mitzvah of dwelling in a Sukkah because functional possession counts as true “ownership.”