Being That This Year the First Day of Sukkos Falls on Shabbos, Should One Try Harder Than Usual to Shake Arba Minim by the Kosel HaMaravi?

A number of poskim maintain, that in a year when the first day of Sukkos falls on Shabbos, and we are unable to fulfill the de’O'raisa obligation of “u’lekachtem lachem bayom harishon” - "you shall take for yourselves on the first day", it is proper to make a special effort to shake the lulav by the Kosel HaMaravi on one of the days of Chol HaMoed.

The basis for this is that some authorities hold (see Bikkurei Yaakov 658:1, and this also appears to be the implication of Shu”t Hisorerus Teshuvah, new edition, Vol. 3, siman 442 - although the majority of poskim disagree with this view) that one who shakes the lulav in areas sanctified with the holiness of Yerushalayim, such as the Kosel HaMaravi, fulfills a mitzvah de’O'raisa all seven days of Sukkos even nowadays. If so, according to this opinion, one would be able to fulfill the mitzvah of lulav on a de'O'raisa level even this year despite the first day having fallen on Shabbos (see Shu”t Mishnas Yosef Vol. 7, end of siman 124, d.h. Le'umas, and Rav Sroya Davlitzky zt"l in the Kuntros Mesos Kol HaAretz, pg. 25, note 23.)

There are those who further suggest (see Meshulchano Shel Rabbi Eliyahu Baruch Finkel, Vol. 2, pg. 172) that since this year one recited shehecheyanu when taking the lulav on the first day of Chol HaMoed for what was only a rabbinic mitzvah, if one subsequently takes the lulav at the Kosel HaMaravi on another day of Chol HaMoed, then according to the view of the Bikkurei Yaakov, he would now be fulfilling a Torah obligation and might therefore be required to recite shehecheyanu a second time on account of this Torah-level mitzvah.

This would be comparable to the ruling of the Rema (Orach Chaim 692:1) regarding the reading of the Megillah. Even though shehecheyanu is recited on the night of Purim, it is repeated during the daytime reading. The commentaries explain that the primary obligation of Megillah reading is by day. The Mor U'Ketzi'ah adds that the nighttime obligation is merely rabbinic, whereas the daytime obligation stems from Divrei Kabbalah and therefore possesses greater force. This increase in the level of obligation justifies a second shehecheyanu.

Accordingly, Rav Eliyahu Baruch Finkel zt"l suggests that one should bring a new fruit to the Kosel HaMaravi. He would then be able to recite shehecheyanu on the fruit and simultaneously have in mind the mitzvah of arbah minim being performed there according to the opinion that it constitutes a Torah-level fulfillment.

Is It Permissible Lechatchilah to Wait and Bind the Lulav on Motzei Shabbos, the Night of the Second Day of Sukkos?

In Orchos Rabbeinu (new edition, Vol. 3, pg. 84), it is brought down that in the 5740 when the first day of Sukkos fell on Shabbos the Kehillos Yaakov zt"l was in doubt about whether he should bind his lulav on erev Shabbos, or if he should wait until motzei Shabbos, the second night of Sukkos. The reason he was hesitant to wait until motzei Shabbos, is because it was second day Yom Tov in Chutz Laʼaretz, and the Steipler was stringent and avoided doing melachos on Yom Tov Sheini. However, it was pointed out to him that his customary practice was merely to wrap something around the lulav, hadasim and aravos, and he didn't tie them together with a double knot. Consequently, no Torah prohibition was involved, and his stringency regarding the second day of Yom Tov applied only to activities prohibited on a Torah level. He accepted this reasoning and added that fresh aravos cut on Motzei Shabbos, should be brought to him.

Although cutting aravos would be considered a melachah on a Torah level, he explained that nowadays we no longer truly have a second day of Yom Tov. This incident took place in 5740, by which time Bnei Brak had already become contiguous with Yaffa, therefore, it was highly likely that there was no longer any basis for observing a second day of Yom Tov out of doubt.

Binding the Lulav at Night

Although when the first day of Sukkos falls on Shabbos there is no need to bind the lulav before Shabbos, and one could wait until motzei Shabbos, it is important to note that some poskim are stringent and say that one should avoid binding the lulav at night, the same way that poskim are stringent and say not to tie tzitzis at night.¹

However, there is room to be lenient in this case for a number of reasons:

Firstly, the accepted halachah follows the majority of poskim who are lenient even regarding tzitzis. (See Daas Torah of the Maharsham, O.C. 651:1, who refers to his comments in siman 18 concerning tzitzis. There he cites a dispute regarding making tzitzis at night, and the Pri Megadim permits it, unlike the Ne'os Deshe, who is stringent because of the principle of ta'aseh v'lo min ha'asuy.)

Furthermore, the sefer Chaim U'Berachah (ois 324) writes that the concern of ta'aseh v'lo min ha'asuy does not apply to binding a lulav because the binding is not meʼakev [indispensable]. Since the halachah is that a lulav remains valid even if it is not bound at all (see Mishnah Berurah 651:7), even according to the view of the Ne'os Deshe, who is stringent regarding tzitzis, one may be lenient with regard to binding the lulav.

The above argument must be valid, for otherwise how could one bind the lulav on erev Yom Tov before the obligation has even taken effect? Clearly, since the binding is not meʼakev, the concern of ta'aseh v'lo min ha'asuy does not apply. (He further notes that no one is stringent to prohibit a sofer from writing tefillin at night, even though nighttime is not the time for tefillin. If so, why should binding a lulav at night be prohibited?

Nonetheless, in Shu”t Salmas Chaim (siman 35 and new edition siman 32), it is written that ideally the lulav should be bound during the day rather than at night. This is based on the implication of the Pri Megadim regarding tzitzis. Since he writes that tzitzis made at night are valid, it appears that this is only bedi'eved. However, he concludes by noting that he did not have the Pri Megadim available before him for examination.

However, the Shu”t Minchas Yitzchak (Vol. 9, siman 8, s.k. 5) also notes that from the Pri Megadim it would seem that tying on tzitzis at night is not lechatchilah, however, he writes that from the Maharsham it is clear that it is permitted even lechatchilah.

In Shu't Teshuvos V'Hanhagos (Vol. 2, siman 13), it is recorded that both the Chofetz Chaim and the Chazon Ish zt"l permitted tying tzitzis at night even lechatchilah. He further brings that the Tzafnas Paneach wondered why tzitzis should be different from building a sukkah before Sukkos, which is certainly permitted. He concludes that the widespread custom is certainly to be lenient with tying tzitzis at night.

In light of all the above there is no reason to refrain from binding a lulav at night.

A Reason to Prefer Binding the Lulav Specifically on the Night After the First Day of Yom Tov

Rav Sroya Davlitzky zt'l (Sukosah L'Roshi, pg. 30 sif 21) writes that kabbalistic sources indicate that the lulav should be bound inside a sukkah. In a regular year it is not possible to fulfill this, as on erev Yom Tov the sukkah has not yet acquired its sanctity and mitzvah status and it is not ideal to bind it on the night of Yom Tov because of various concerns involving possible violations of Yom Tov (see Shu”t Divrei Yisrael, Vol. 1, siman 193, who discusses whether the lulav is muktzeh on the first night of Yom Tov.)

¹ The reason some poskim are stringent in regard to tying tzitzis at night, is because they maintain that since nighttime is not a time for the mitzvah of tzitzis, the garment is exempt from tzitzis at night. Therefore, when the strings are tied at nighttime, they aren't fulfilling a mitzvah. Then when the morning comes and the garment is now obligated in tzitzis, since the strings were tied at a time when they were not fulfilling a mitzvah it is a problem of ta'aseh v'lo min ha'asuy.

However, when the first day of Yom Tov falls on Shabbos and one can wait until motzei Shabbos until he binds his lulav, it best to do it then as by that time the sukkah has its sanctity and mitzvah status.

Conclusion

When the first day of Sukkos falls on Shabbos and one doesn't need his lulav bound until the second day it would seem that is most lechatchilah to bind it on motzei Shabbos and there is no need to be worried about the problem of ta'aseh v'lo min ha'asuy. We saw that according to kabbalah there is an inyan to bind the lulav in a sukkah (once it attains the kedusha of a sukkah which only happens once Sukkos starts). In a normal year it is not possible to fulfill this, as we need to bind the arba minim before Sukkos. However, this year when one doesn't need his arba minim until the second day we can fulfil this special inyan.

Interestingly, I saw that the Luach HaʼHalachos V’Haminhagim of Eretz Yisrael which is a Luach which goes through year and lists all the halachos that are relevant for that day, brings the halachos of binding the lulav for amongst the halachos that are relevant for the second night of Sukkos. Which strongly implies that minhag Eretz Yisrael is in fact to wait until then before binding the lulav.

It goes without saying that this discussion is only for people keeping one day Yom Tov.

Why Don't Poskim Mention the Option of Binding the Lulav Before Shacharis?

When researching about this sugya I was slightly bothered why the poskim don't mention an option of binding the lulav on the second day before Shacharis. The advantage of this would be that some poskim maintain that binding the lulav by night is a problem of ta'aseh v'lo min ha'asuy, and by doing it in the day one would be saved from this issue.

If one would daven neitz this wouldn't be an option as if he would bind his lulav before davening it would still be nighttime, however, for someone davening slightly later, seemingly it would be a good option.

It is true that one shouldn't doing anything before davening Shacharis, however, binding a lulav would be considered cheftzei Shomayim and would be allowed.

In fact, I saw that R' Moshe Aryeh Freund zt"l (Ateres Yehoshua, Seder Yom Rishon L’Sukkos pg. 530) did in fact bind his lulav in the sukkah before going to shul. However, this is not the minhag and the poskim don't mention it.

Tzorich iyun why the poskim don't mention it, however, perhaps the simple answer is that the poskim understand very well how people work and they realize that if they would suggest such a thing, people would end up coming even later to Shacharis or they would simply end up not having their lulavim bound properly in time for Hallel.

[Please note: If you only bind your lulav on the night of second day Yom Tov and you store your hadasim in the fridge, many poskim maintain they are muktzeh on first day Yom Tov, therefore, make sure that they are not in the way of any food you need to access as moving them may be problematic. Additionally, it is not ideal to store them in the fridge of the door as the fridge door may end up becoming a bosis for muktzeh. Additionally, every time you open the fridge you may doing tiltul min hatzad and although it may be allowed, a number of poskim write that one who has yiras Shomayim should move the muktzeh before Shabbos to avoid needing to do tiltul min hatzad on Shabbos itself (see Me'or HaShabbos Vol. 4, siman 14, he'orah 93).