Kapos Temarim — The Lulav
The Torah states (Vayikra 23:40): “And you shall take for yourselves on the first day... kapos temarim (palm branches), etc.” Chazal learn from this pasuk the mitzvah of lulav. Below we will b'ezras Hashem explain how to select a mehudar lulav.
Dinim that Are the Same as the Esrog
Before we start, we will briefly mention the halachos of esrog that also apply to the lulav:
Just like there is a din of “lachem” (it must be yours) on the first day of Sukkos by an esrog, the same din applies to the lulav and one must make sure that the lulav he uses on Sukkos is 100% his.1
It is clear from the Shulchan Aruch (Yoreh Deah 294:5) that the pasul of orlah and tevel, only applies to an esrog which is a fruit, and not a lulav which is a tree.
It is clear from the Chayei Adam (152:2) and Shevus Yaakov (1:36) that grafting is a problem for all the Arba Minim. (However, the common minhag is not to be so worried when it comes the lulav, hadas and aravah – perhaps the reason for this is because it is very uncommon.)
Two Stages in Checking a Lulav:
First Stage:
Selecting a lulav is divided into two stages. In the first stage, we examine the lulav as a whole: 1) Choosing a kosher and mehudar species, not a problematic strain. 2) Making sure to purchase it properly so it is considered “lachem”. 3) Making sure it is fresh and not dried out. 4) Checking that its leaves are not split apart. 5) Checking that it is straight and not bent. 6) Making sure it is the correct length, lechatchilah 32-39 cm.
1 This year, being that the first day of Sukkos is on Shabbos, this din doesn't apply.
Second Stage:
In the second stage, we examine seven details at the top of the middle leaf, called the tiyomes: 1) Making sure it is complete and not cut. 2) Closed, not split. 3) Moist, not dry. 4) Not k’hemnek. 5) The two halves of the tiyomes end evenly; one should not be higher than the other (up to 2 mm difference is kosher). 6) Straight, not bent. 7) Kora at the top, which as we will see is subject to great machlokes. We will expand on all these dinim below.
Length of the Lulav
The Shulchan Aruch (O.C. 650:1) rules that the lulav must be four tefachim long — measured from the bottom of the lulav where leaves grow on both sides (see Kashrus Arbas HaMinim, pg. 137) up to the end of the spine, not including the height of the middle leaf.
Lechatchilah it should be 16 thumb-breadths, which according to Rav Chaim Naeh is 32.7 cm and according to the Chazon Ish is 39 cm.
Bedieved it may be 13⅓ thumb-breadths, which according to Rav Chaim Naeh is 26.7 cm and according to the Chazon Ish is 32 cm.
Dried Leaves
The Shulchan Aruch (645:5) rules that a lulav whose majority of leaves have dried out and turned from green to white is invalid. The Rema is more lenient and only disqualifies if the leaves crumble under a fingernail. The Mishnah Berurah (645:22) cites the Raavad who holds that even if only the top leaf — the tiyomes — dried out, it is invalid.
How much of the top leaf needs to be dried out? The Ritva cited in Biur HaGra (645:9) and Biur Halachah (end of 645, s.v. nisdak), holds that even if the middle leaf dried out slightly, it is invalid.
Sun-Burned Tips
It is common in many lulavim that the sun burns the tip (“shpitz”), turning it from green to red. The Chazon Ish (O.C. 145:11) rules that such a lulav is kosher. Rav Shlomah Zalman Auerbach (Madanei Shlomah pg. 89) likewise held that sun-burn is not a disqualification, because the lulav retains natural moisture and does not crumble with a fingernail; and the white or red color is merely superficial. Therefore, if one sees that the entire leaf is green and only the top has a white appearance, it is certainly due to the sun — and the lulav is kosher.
On the other hand, the Brisker Rav zt”l was concerned that such a lulav should be invalid. The Steipler zt”l (Orchos Rabbeinu Vol. 2, pg. 240) held that if the leaf is red only in a small area, it is kosher even according to the Brisker view.
The Tip Was Cut (Niktam)
If the tip of the lulav is cut, the lulav is invalid.
According to the Shulchan Aruch (O.C. 645:6), it is invalid only if most of the upper leaves are cut. The Rema disagrees and invalidates even if only a tiny amount of the tip of the middle leaf is cut. Although he concludes that in a pressing situation, when one has no other lulav, he may still recite a berachah on it.
If there are two tiyomes (two middle leaves) and only one is cut, the Mishnah Berurah (645:29) writes that there is room to be lenient.
If there is a doubt if the tiyomes is cut, major poskim have ruled that one may be lenient since there is a safek sefeika [double doubt]: Perhaps it is not cut, and even if it is cut, perhaps the halachah follows the Shulchan Aruch that only cutting most leaves invalidates.
Lulavim that end with a thorn, and the thorn was cut — the Chazon Ish ruled that they are kosher (Arbas HaMinim HaShalem, Miluim Vol. 1 ois 32). However, Rav Elyashiv zt”l invalidated them.
The Tiyomes Split (Nechlekah HaTiyomes)
From the Gemara (Sukkah 32a) it is clear that if the tiyomes split, the lulav is invalid on the first day of Sukkos. (Meaning: The connection between the two halves of the middle leaf opened.)
The Shulchan Aruch (645:3) holds that the tiyomes splitting is only a problem if it happens to the majority of the leaves along the majority of their length.
However, the Rema, quoting the Terumas HaDeshen, invalidates even if only the middle leaf split down to the spine — this is considered “the tiyomes split,” and it is invalid on the first day.
He adds that for mitzvah min hamuvchar, the middle leaf should not be split at all. The Chayei Adam explains: Even a tiny split should not be present, lest it open further through the shaking of the lulav over the duration of the nanuim.
On the remaining days of Sukkos, it is kosher even if it is open (Mishnah Berurah 645:17).
The Biur HaGra writes that only if most of the leaf is split is it invalid; if only part is open, one should not be stringent at all. The Taz holds that only if a tefach is open must one be stringent. The Mishnah Berurah (s.k. 19) concludes: If one has another lulav, he should take it as why not do the best, however, according to strict halachah, one does not need to worry as long as most of the leaf is not split.
Two Middle Leaves
When there are two middle leaves and one of them splits, the Mishnah Berurah (645:15) writes that it is invalid. This is despite the fact that regarding niktam, the Mishnah Berurah (645:29) rules that there may be room to be lenient if only one of the two middle leaves was cut.
If the lulav ends with two leaves, the Halichos Shlomah (10:1) writes that they do not need to be connected to each other.
Gluing the Tiyomes Together
Many merchants glue the tip of the tiyomes together with clear adhesive glue when it is slightly open, so that it will not open further during the shaking, and this way it will be kosher according to the Rema.
The first to permit this was the Maharsham (Daʼas Torah, O.C. 645:7), who wrote that one may glue a tiyomes that has split slightly, and gluing is only problematic if it has already split to the extent that it is already invalid.
Rav Yisrael Yaakov Fisher zt”l (in his haskomah to Arbas HaMinim HaShalem and in Halichos Even Yisrael 25:2) permitted gluing even when the leaf has split along most of its length. He adds that this is not a violation of ba'al tosif, because the glue is considered nullified to the lulav.
However, the Shu”t Mishneh Halachos (15:195) disagreed and prohibited gluing, arguing that the poskim never suggested such a solution. Some poskim invalidate it due to chatzitzah (a separation) and other reasons. I remember when learning Hilchos Arba Minim with Rabbi Eliyahu Pesach Falk zt"l that he was very against this (it was probably the only time I saw him get angry).
Some argue that even according to those who permit gluing, the seller must inform the buyer that the lulav was glued; if he does not, there is concern of ona'ah (misrepresentation).
Leaves Adjacent to the Tiyomes
There is a stringency of the Magen Avraham, cited in Sha'ar HaTziyun (645:33), that in the halachah of “nechlekah hatiyomes,” an additional case is included: If the leaves adjacent to the upper tiyomes split to the point that they appear like two separate leaves, the lulav is invalid — even if the tiyomes itself is not split.
The Sha'ar HaTziyun writes that according to this, one must be very careful when checking the middle leaf, holding it gently so as not to cause the upper adjacent leaves to split.
However, major poskim have ruled that the common custom is not to be concerned for this stringency of the Magen Avraham, especially since it is uncommon for the adjacent leaves to split.
Appearing Like “Hemnek”
If the middle leaf of the lulav splits at its tip even slightly — in a way that each half bends outward in opposite directions (forming a V-shape), it is invalid.
Rav Shlomah Zalman Auerbach zt”l (Halichos Shlomah 10:6) held that it is invalid only when the leaves bend in such a way that they cannot be brought together.
Some rule that if the lulav would be placed on the table and it wouldn't like a hemnek, then it is kosher.
In Orchos Rabbeinu (Vol. 2, pg. 241), it is written that the Chazon Ish permitted it when the split is only slight.
Rav Nissim Karelitz zt”l (Chut Shoni, Sukkos pg. 278) writes that if a small thorn emerges from the end of the leaf and only that thorn is split, it is kosher. But if the thorn is larger than usual, it is invalid.
Kora (Brown Peel at the Top of the Lulav)
Regarding a split tiyomes or hemnek, Rav Yaakov Yisrael Kanievsky zt”l (Krayna D'Igrasa Vol. 2, pg. 239) and Rav Nissim Karelitz zt”l (Chut Shoni, Sukkah pgs. 276 and 278) rule that when the kora (peel) covers the leaf, the leaves are considered connected, and likewise regarding hemnek: If the hemnek is very small and not noticeable because of the kora, it is kosher as long as the kora is present.
The Rambam explains, the pasul of hemnek is that “the two parts of the split have separated from each other to the point that they appear like two leaves.” If the kora covers them, they do not appear as two.
Sephardic Custom
The Sdei Chemed (Maareches Daled Minim, siman 2, ois 1) writes that the Sephardic custom is to take a lulav covered with kora, as long as only the upper leaves are covered. This has an advantage as then there is no concern of any invalidation. This remains the Sephardic custom today.
On the other hand, the Bikurei Yaakov (645:1) writes that it is not proper to take such a lulav, because one cannot properly perform the nanu'im [shaking], as explained at length in Piskei Teshuvos (645:43).
The Brisker Rav zt"l did not take a lulav covered with kora. His son, Rav Dovid Soloveitchik zt"l, explained that he was concerned it might be hemnek.
Rav Nissim Karelitz zt"l said that if it is clear that it is not hemnek, then even according to the Brisker view it is kosher, and there is no need to worry about a split tiyomes (Arbas HaMinim L’Mehadrin, pg. 82).
Entire Lulav is Bent (Akum)
The Shulchan Aruch (650:8) writes that a lulav bent backwards like a sickle (meaning: when the spine of the lulav faces the person, it bends toward him) is kosher. If it bends forward (toward the leaves) or to either side, it is invalid.
The Chazon Ish (Orchos Rabbeinu pg. 245) ruled that if it is only a bit bent it is kosher.
Tips of the Leaves Are Bent (Kafuf)
A lulav whose entire spine is bent like a reed is invalid. But if only the tips of the leaves are bent, it is kosher, because that is the natural growth pattern of many lulavim.
If the tip of the middle leaf is bent (known as “knepel”), the Mishnah Berurah (645:40) writes that the Rosh would specifically seek such a lulav, because then it is certainly not split. On the other hand, some Rishonim invalidated such a lulav.
If most of the leaves are bent, the later Achronim have a machlokes; if one has another lulav, he should not take this one.
Leaves That Have Separated (Nifredu HaAlim)
The Shulchan Aruch (645:1) writes that if the leaves have partially separated, and one could tie them together, the lulav is kosher, even if one did not tie them.
The Rema, quoting the Maggid and the Ran, writes that for mitzvah min hamuvchar, one should take a lulav whose leaves are not separated at all.
Rav Elyashiv zt”l ruled (Toras Daled Minim 1:2, he'orah 3) that a small gap between the leaves is kosher lechatchilah.
The Shulchan Aruch (645:2) adds that if the leaves have already hardened like wood and cannot be gathered together, the lulav is invalid.
Crushed (Kavutz)
The Shulchan Aruch (645:8) writes that a lulav that is crushed is invalid.
Orchos Rabbeinu (Vol. 2, pg. 244) writes that a lulav whose leaf-tips have zig-zag creases is not considered crushed and is kosher.
Height Difference in the Middle Leaf
Most poskim rule that if the height difference between the two halves of the middle leaf is small, it is kosher.
If the difference is noticeable, Orchos Rabbeinu (Vol. 2, pg. 235) writes that it is still kosher. However, Rav Elyashiv zt"l held that if the height difference is noticeable, it is invalid.
The sefer Arbas HaMinim L’Mehadrin (pg. 64) reports in his name that up to 2 mm is not considered noticeable.
(Most of the above information was taken from the seforim, Kashrus Arbas HaMinim by Rav Yechiel Michel Stern shlita, Arbas HaMinim L’Mehadrin by Rav Avraham Chaim Ades shlita and Madrich Maasi LeBechiras Daled Minim by Rav Yisrael Yehuda Septimus shlita.)