As we approach the Yom Tov of Sukkos, let us explore some of the rules and regulations of the lulav.
LULAV – BRANCHES OF A DATE TREE
When it comes to the esrog, the Gemara discusses at length how we know that the words of the Torah, “pri eitz hadar,” are a reference to the esrog. However, in regard to the lulav, there is no such discussion as to which tree a lulav is taken from. This is because it is clear from the expression used by the Torah, “kapos temarim – branches of a date tree,” which tree the Torah is referring to. The Gemara does point out that there are many stages in the development of the branches and discusses exactly which stage of the branch should be used.
IS IT NECESSARY TO USE BRANCHES OF A TREE THAT ACTUALLY HAS DATES?
The Gemara (Menachos 27a) tells us that two of the four species are fruit-bearing: the esrog, which is itself a fruit, and the lulav, which has dates. The other two – the hadas and the aravah – do not bear fruit.
Does this mean there must be dates on the tree, or is it just a type of tree that gives off dates? Can we use a lulav from an old tree that still grows lulav branches but can no longer give fruit, or trees in a cold climate that cannot bear fruit? In addition, Rashi (Pesachim 56a) points out that the date trees come as male and female, with only one of them having the ability to bear fruit.
This makes matters complicated since we cannot always be sure what type of tree the lulav branch came from.
REASONS TO ALLOW SUCH A TREE
1. CHASAM SOFER – THE TYPE OF TREE
The Chasam Sofer (Sukkah 34b) rules that even if fruits will never grow on these trees, the lulav can be used because the Torah is referring to the type of tree, not that it needs to actually bear fruit.
He proves this notion from the halacha of the aravos. The Torah uses the expression “arvei nachal,” which means willow branches that grow by a stream. Yet the Gemara tells us that any willow branches can be used, even if they grow in the desert, and they do not need to grow next to a stream. The Torah is just describing the type of willow branches that should be taken: the ones that usually grow next to the water. As long as that type of willow branch is used, it is fine, even if it grows in the desert. The same should apply to the lulav. The Torah is telling us to use a branch of a date tree, but there is no need for it to actually bear fruit.
2. CHAZON ISH – A TREE THAT CAN BEAR FRUIT
The Chazon Ish (Kilayim 2:18) writes that it is acceptable for another reason. Since it can be grafted with another tree, it can be considered fruit bearing.
3. RABBEINU BECHAYA – THE TORAH INCLUDES THIS TREE
Rabbeinu Bechaya, seemingly addressing this question, writes that the word temarim is used in the plural, meaning a branch from date trees, which is to include even the female date trees that do not bear fruit. In other words, the Torah is explicitly allowing the use of all date trees, even the ones that are not fruit bearing.
4. RAV SHLOMO ZALMAN – TEMARIM IS A REFERENCE TO THE TREE
In Halichos Shlomo (Dvar Halacha 10:15), Rav Shlomo Zalman Auerbach writes that these lulavim are fine. He explains that if the word temarim would be referring to the fruit of the tree, the dates, we could claim that it would be necessary to have fruit growing on the tree. However, temarim in the Torah is not used to refer to the fruit. The fruits are called devash in the Torah – sweet, honey-like fruit. Since the word temarim is referring to the tree, it is unnecessary to have the actual dates growing on the tree. And the Gemara that calls the lulav “fruit bearing” is just a way of telling us to use a branch of this type of date tree, regardless of whether dates actually grow on the tree.
Thus, we have a whole list of Acharonim who allow a lulav from a tree that does not bear fruits. Interestingly, the Tzafnas Paneach understands that this question is, in fact, a machlokes in the Yerushalmi between Rabbi Akiva and Rabbi Tarfon.
HALACHICALLY SPEAKING
Besides the many poskim mentioned, Rav Moshe Feinstein (Igros Moshe 4:21:7) also rules that a lulav from a non-fruit-bearing tree is halachically acceptable. Thus, the consensus of the poskim is that one is allowed to use a lulav, even if it comes from a tree that does not bear dates.
RABBI NACHUM SCHEINER
