Question:
My son has reached the age of chinuch and I usually buy him his own set of Daled Minim. This year, however, the first day of Sukkos falls on Shabbos and we will not be taking the Lulav on that day at all. Since the first day of shaking Lulav will effectively be the second day of Yom Tov, do I still need to buy my child his own set? May I simply lend him my set? And what is the issue discussed in the Poskim regarding giving a Lulav to a child as a present?
Answer:
This year there is a significant difference between Eretz Yisrael and the Diaspora.
In Eretz Yisrael, since the first day of Sukkos falls on Shabbos and there is no second day of Yom Tov, there is no practical need from the letter of the law to purchase a separate set of Daled Minim for a child for this concern. One may simply lend the child his set and have him fulfill the mitzvah of chinuch.
In the Diaspora, however, the second day of Yom Tov retains the same halachic status as the first day regarding the requirement of ownership. Accordingly, the concern remains in place and one should still purchase a separate set of Daled Minim for the child, or alternatively the father is to give his son the Lulav only after all the adults have fulfilled their obligation. Or , when no other option, lend him the Daled Minim instead of giving it to him as a present.
Nevertheless, even in Eretz Yisrael, where this year’s calendar removes much of the ownership concern, it remains preferable for a child who has reached the age of chinuch to own his own set of Daled Minim. This allows him to participate properly in Hallel together with the congregation without needing to wait for others to finish using their sets and avoids various practical inconveniences.
Explanation:
One of the unique laws of the first day of Sukkos is that the Torah requires a person to take “Ulekachtem Lachem”, meaning that the Daled Minim must belong to him. Accordingly, one does not fulfill his obligation on the first day with a borrowed Lulav. For this reason, when one adult wishes to allow another adult to use his set on the first day, he does not merely lend it to him. Rather, he gives it as a present on condition that it be returned. The recipient temporarily acquires full ownership and thereby fulfills the mitzvah.
Why Is a Child Different?
The problem arises when dealing with a child.
Halacha recognizes that a child is capable of acquiring a gift. However, a child cannot effectively transfer ownership back in the halachic manner required for adults. Therefore, if an adult gives his Daled Minim to a child as a gift on the first day, the child acquires it, but cannot properly return ownership to the adult. As a result, once the child receives the set as a gift, other adults may no longer be able to fulfill their obligation with that set on the first day. This is why the Poskim warn:
Do not give your personal Daled Minim to a child as a present on the first day before all adults have fulfilled their obligation.
The Usual Solution: Buy a Separate Set
Due to this concern, many Poskim write that it is proper to purchase a separate set of Daled Minim for children who have reached the age of chinuch. This avoids all concerns and allows the child to perform the mitzvah independently, including using his set during Hallel and throughout Yom Tov.
What Changes This Year?
Normally, in the Diaspora, this concern applies on the first two days of Sukkos, since both days carry the requirement of ownership. Therefore, one should not give a child his personal set as a gift during those days until the adults have fulfilled their mitzvah. This year, however, the first day of Sukkos falls on Shabbos and no one takes the Lulav on that day. Hence:
In Eretz Yisrael
The only day on which Lulav is taken is the following day, which is already an ordinary second day where the Biblical ownership requirement no longer applies. Accordingly, one may lend the child the set, and there is no practical need from this perspective to purchase him a separate set.
In the Diaspora
The day after Shabbos is the second day of Yom Tov, which retains the status of the first day regarding ownership requirements. Therefore, the classic concern remains in force. One should still buy the child his own set. Alternatively, this year, the father may simply give the child the family’s Lulav after all of the adults have already fulfilled their obligation, although the Achronim discourage this lest an adult who needs to shake shows up .
Can I Simply Lend the Child My Set in the Diaspora?
The Poskim conclude that if a child does not have his own set, one may give him the Daled Minim as a borrowed item rather than as a gift in order to avoid the above issue. In such a case, one should not say “This is a present on condition that you return it.” Rather, it should be given as a loan. According to many authorities, this is sufficient for fulfilling the mitzvah of chinuch. However, since some Poskim question whether the child may recite a blessing in such a case, being that he does not technically own the set, therefore this should not initially be relied upon.
Why Many Parents Still Buy a Separate Set
Aside from the ownership concerns, purchasing a child his own set has additional benefits. It allows him to perform the mitzvah independently, learn responsibility for mitzvos, and avoid questions regarding borrowing and ownership. Furthermore, the Mishnah Berurah notes that it is preferable for the child to possess his own set so that he can use the Daled Minim during Hallel together with everyone else rather than having to wait until the family’s set becomes available. Accordingly, even in situations where one is not halachically required to purchase a separate set for the child, it remains the preferred practice when feasible.
Conclusion
This year in Eretz Yisrael you may not need to buy him a set because of the ownership issue, but it is still preferable to do so if possible so he can properly participate in Hallel and perform the mitzvah independently. In Chutz La’aretz one should buy his child his own set as done every year.
Summary Table
| Scenario | Eretz Yisrael This Year | Diaspora This Year |
| Is one obligated to buy a child his own set of Daled Minim? | No. | Yes. However, the father may also have the child use the family set after the adults have fulfilled their obligation. |
| Is it preferable for the child to own his own set? | Yes, so that he can use it during Hallel and perform the mitzvah independently. | Yes, for the same reason. |
| May the father give the child the family set after all adults have fulfilled their obligation? | Yes. | Yes. This year’s second day is effectively the last Biblical status day of Lulav, and after all adults have fulfilled the mitzvah, the child may then receive it. |
| May the father lend the child the set instead of giving it as a gift? | Yes. | Yes, particularly when no separate set is available. |
| May the father give the child the set as a “present on condition to return”? | Yes | No, as a child cannot properly transfer ownership back, unless all adults have already shaken Lulav. |
| What remains the ideal practice? | Purchase the child his own set. | Purchase the child his own set. |
Sources:
- Regarding the obligation of chinuch in Lulav: Michaber 657:1; Mishnah Berurah 657:2
- Regarding buying a child his own set: Michaber 657:1; Magen Avraham 658:8; Pri Megadim 658 A.A. 8; Bikurei Yaakov 658:18; Chayei Adam 152:11; Igros Moshe 3:95 See Ketzos Hachoshen 241:4; Chanoch Lanaar 25
- Regarding buying son Daled Minim in all scenarios in order so he can shake for Hallel: Taz 657:2; M”B 657:4
- Regarding not giving one’s Daled Minim as a gift to a child on the first day: Stam opinion in Michaber 658:6; Opinion of Rambam as explained in Bedek Habayis; Rebbe Zeira Sukkah 46b; Biur Halacha 558:6 “Lo Yitnenu” “It is obvious that one must be stringent like the first opinion, which is the Stam opinion”; See Kaf Hachaim 658:54; Piskeiy Teshuvos 658:10
- Regarding the prohibition applying the first two days in the Diaspora: Admur 649:21; P”M 658 A”A 8-9; Chayeh Adam 152:11; Mishnah Berurah 658:23; Biur Halacha 649 “Pesulei”. Piskeiy Teshuvos 658:4 and 10
- Regarding giving the child one’s set after all adults have shaken: Michaber 658:6; Rashal; Tosafos Eiruchin 3b; Mishnah Berurah 657:3-4; M”B 658:23; Biur Halacha 649 “Pesulei”; Best Not to do so: Levush 658; Elya Raba 658:14; Kaf Hachaim 658:56; Igros Moshe 3:95; Piskeiy Teshuvos 657:1
- Regarding lending the child the set instead of gifting it: Opinions cited in Mishnah Berurah 658:28; Ashel Avraham Butchatch Tinyana; M”A 658:8; P”M 658 A”A 8; Bikurei Yaakov 658:18; Chayeh Adam 152:11
- Regarding those who question whether a blessing may be recited on a borrowed set used for chinuch: M”A 658:8; P”M 658 A”A 8; Bikurei Yaakov 658:18; Chayeh Adam 152:11
- Regarding a gift mistakenly given to a child: Michaber 658:6; Biur Halacha “Eino Muchzar”; Chochmas Shlomo 658.