Aravos planted in other persons property

1. Question: [Sunday, 14^th Tishreiy, 5783]

A friend of mine planted an Arava tree in the school grounds which she heads and had the branches cut off and collected to be sold for Daled Minim for Sukkos. I told her that I wasn’t sure if this was legal for her to cut the branches and sell them, as perhaps the tree belongs to the school due to it growing in their property, which would constitute the collected branches which were prepared to be sold as stolen, and invalid for Daled Minim. What is the law?

Answer:

The Aravos are Kosher and not considered stolen, nevertheless, it is not proper to be used if it was grown on the property without permission, and certainly if water of the property was used to water the tree without their permission.

Explanation: It is a clear ruling in the Poskim that one who trespasses into someone’s property, and plants a tree there, that the tree belongs to the person who planted it even though it was planted illegally. Thus, the tree belongs to whoever planted it, and it hence is not considered stolen, and hence the Aravos in question are considered valid for the Mitzvah. Nevertheless, it is not proper to plant it without first receiving permission from the landowner, which in this case is the school board, or local municipality. It goes without saying that using the school water to water the tree, is considered stealing unless permission was received beforehand. This, however, does not remove her ownership from the tree.

Sources: See Michaber C.M. 375:1-2; Bava Metzia 101a

Esrog planted by squatter in public property

 Question: [Sunday, 14^th Tishreiy, 5783]

Five years back I planted an Esrog tree in my yard which I questionably took from public property, and this is the first year that I can use its fruit for the Mitzvah of Daled Minim. I was recently told that perhaps the Esrog is considered stolen and I cant use it for Sukkos. Is this correct? [I put a fence around the grounds that surround my house, and never verified who the land truly belongs to, if it is my property or property of the city. This is what everyone does in our town.]

Answer:

The Esrog is Kosher and not considered stolen, even if the grounds are considered stolen.

Explanation: It is a clear ruling in the Poskim that one who trespasses into someone’s property, and plants a tree there, that the tree belongs to the person who planted it even though it was planted illegally. Thus, the tree belongs to whoever planted it, and it hence is not considered stolen, and hence the Esrog in question are considered valid for the Mitzvah.

Sources: See Michaber C.M. 375:1-2; Bava Metzia 101a