Question:
I was told that this year, since the first day of Sukkos falls on Shabbos and we do not shake the Lulav, many of the usual invalidations no longer apply. Is this true? May one therefore purchase a less-than-perfect set of Daled Minim, such as an Esrog missing a piece or a Lulav with a split Tiyomes?
Answer:
There is truth to this claim, although the practical application differs significantly between Eretz Yisrael and the Diaspora.
The Torah obligation to take the Daled Minim applies only on the first day of Sukkos outside the Beis Hamikdash. However, when the first day falls on Shabbos, we do not take the Daled Minim at all due to the Rabbinic decree against carrying. Thus, the first time the mitzvah is performed that year is only on the following day.
In Eretz Yisrael, the second day is already Chol Hamoed. Accordingly, the first time people perform the mitzvah is on a day when the obligation is only Rabbinic. Therefore, many of the special first-day invalidations no longer apply, and the more lenient rules of Chol Hamoed govern the validity of the Daled Minim.
In the Diaspora, however, the second day is still celebrated as Yom Tov. The Poskim debate whether the second day should retain the strict standards of the Biblical first day or whether it receives the more lenient status of Chol Hamoed. Practically, Admur rules that one should continue to follow all the first-day stringencies regarding the validity of the Daled Minim. Accordingly, in Chutz Laaretz one should purchase the same level of Mehudar set that he would purchase in any other year.
The Main Practical Leniencies: A Chaser Esrog
The most significant leniency applicable to the Esrog this year in Eretz Yisrael is regarding Chaser (missing a piece).
Normally, on the first day of Sukkos, an Esrog that is missing a piece is invalid. However, on Chol Hamoed, all invalidations of Chaser become valid, and one may even initially recite a blessing on such an Esrog. Thus, an Esrog that is missing a piece, has a missing Oketz, contains a hole through its body, or has another similar deficiency remains valid on Chol Hamoed, provided it still maintains the minimum size.
Accordingly, this year in Eretz Yisrael, one may technically even initially purchase and use a Chaser Esrog, since the first day on which the mitzvah is performed is already Chol Hamoed. Nevertheless, it still remains proper and preferable to obtain a complete Esrog, as many Acharonim write that one should preferably use a whole and beautiful Esrog even on Chol Hamoed whenever possible.
The Main Practical Leniencies: Split Tiyomes (middle leaf)
The most significant leniency applicable to the Lulav this year in Eretz Yisrael relates to the Tiyomes, the center leaf of the Lulav. Many people spend considerable time and money each year searching for a Lulav whose Tiyomes is completely closed from top to bottom, as this is regarded as a major Hiddur. Normally, a completely split Tiyomes is invalid on the first day of Sukkos, and even a partially split Tiyomes is something many are careful to avoid. However, since in Eretz Yisrael this year’s first performance of the mitzvah takes place on Chol Hamoed, a completely split Tiyomes is valid. Accordingly, one may even initially purchase a Lulav whose Tiyomes is not completely closed, even though in a regular year he might not do so. Nevertheless, just as one is encouraged to use a whole and beautiful Esrog even on Chol Hamoed as write many Acharonim, so too it remains a Hiddur to obtain a Lulav with a completely closed Tiyomes whenever reasonably possible. Thus, while this year removes the halachic requirement to be stringent regarding the Tiyomes in Eretz Yisrael, it does not remove the Hiddur of obtaining a superior Lulav. In the Diaspora, however, one should continue to follow the regular standards and endeavor to purchase a Lulav with a properly closed Tiyomes, as in every other year.
Other Leniencies Applicable in Eretz Yisrael This Year
The following invalidations that normally apply on the first day become permitted on Chol Hamoed and therefore receive greater leniency this year in Eretz Yisrael:
- A borrowed set of Daled Minim.
- A completely split Tiyomes.
- A split Lulav spine.
- Bent or curved Lulav leaves.
- A Hadass whose leaves have largely dried.
- An Esrog whose Oketz fell off.
- A cracked Esrog.
- A disintegrated Esrog.
Invalidations That Still Apply This Year even in Eretz Yisrael
- Pitum fell off: An Esrog whose Pitum fell off remains invalid initially even on Chol Hamoed, unless no other Esrog is available.
- Chazazis (blemish/scab): A significant Chazazis remains a Hadar invalidation and should not initially be used.
- Color change (Menumar): An Esrog with a disqualifying color change remains invalid initially.
- Dry Esrog (Yavesh): A dried-out Esrog remains subject to the Hadar invalidations.
- Dried Hadassim: If the Hadassim are so dry that they fail the minimum standards discussed by the Poskim, they remain invalid. Only certain levels of dryness become permitted on Chol Hamoed.
- Species lacking the minimum size: A missing-piece Esrog is valid only if it still retains the minimum size of a kebeitza. Likewise, Hadassim and Aravos must still have the minimum height of three tefachim, and the Lulav must have the minimum height of four tefachim.
- Intrinsic invalidations: Any invalidation that affects the species itself, such as an Esrog that is forbidden to be eaten, remains invalid all seven days.
- A stolen set: A stolen Lulav or Esrog remains invalid throughout all seven days of Sukkos.
Rule of Thumb
The general rule is that Chaser invalidations become much more lenient this year in Eretz Yisrael, while Hadar invalidations generally do not. Therefore, the big practical leniencies are things like a split Tiyomes, missing Oketz, cracked Esrog, or an Esrog missing a piece. However, one should still be careful regarding Pitum, Chazazis, color changes, dryness, minimum size requirements, and all other intrinsic invalidations.
Conclusion
While years in which Sukkos falls on Shabbos do generate significant leniencies in the laws of Daled Minim, these leniencies primarily affect Eretz Yisrael, where the first performance of the mitzvah occurs on Chol Hamoed. In the Diaspora, due to the dispute regarding the status of the second day of Yom Tov, Admur rules that one should initially continue to follow all the standards applicable to the first day of Sukkos. Accordingly, in Chutz Laaretz there is essentially no practical change in how one should purchase his Daled Minim. In Eretz Yisrael, however, even a Chaser Esrog may technically be purchased and used this year, although it remains preferable to obtain a complete and Mehudar Esrog whenever possible.
Sources:
Michaber 658:2; Sukkah 44; Michaber 648:5; Admur 649:17-21; 645:10; Rama 649:5; Tur 649; Rosh 3:3; Tosafos Sukkah 29b; Meiri Sukkah 36b; Toras Chesed O.C. 36; Bikurei Yaakov 649:39; Kaf Hachaim 649:76; Piskei Teshuvos 648:4, 17