Sukkah

hoshanna?1 — Previously also a myrtle2 was called hoshanna.1 Our Rabbis taught, In the case of a stolen Sukkah, and [a Sukkah made by] placing Sukkah-covering over a public thoroughfare,3 R. Eliezer declares [them] invalid and the Sages declare [them] valid. R. Nahman explained: The dispute4 applies only where he5 forcibly ejects his fellow6 from the Sukkah. In which case R. Eliezer7 is consistent with his view, he having said, ‘A man cannot fulfil his obligation in the Sukkah of his fellow’, so that if [we hold that] there is a title to land by robbery, the Sukkah is a stolen one,8 and even if [we hold that] there is no title to land by robbery.9 [still] the Sukkah is a borrowed one;10 and the Rabbis11 [also] are consistent, since they maintain that a man can fulfil his obligation in the Sukkah of his fellow, and that there is title to land by robbery, so that the Sukkah is a borrowed one.12 Where, however, he stole wood and used it for Sukkah-covering, all agree13 that he [the owner] has [a claim] merely against the cost of the wood.14 How [do we know this]?15 — Since [the Sukkah] is compared to a public thoroughfare;16 as the ground of a public thoroughfare is not his,17 so [must] the Sukkah [referred to] also be one put up on land that is not his.18 A certain old woman19 came before R. Nahman and said to him, ‘The Exilarch and all the Rabbis of the house of the Exilarch are sitting in a stolen Sukkah’. She cried20 but R. Nahman took no notice of her. She said to him, ‘A woman whose father21 had three hundred and eighteen slaves cries out to you, and you take no notice?’ R. Nahman said to them, ‘She is a noisy woman; but she can claim only the cost of the wood’.22 Rabina said, If the main joist of a Sukkah was stolen,23 the Rabbis made an enactment with regard to it,24 similar to the enactment of the beam.25 But is not this26 obvious? Wherein does it differ from wood?27 — I would have thought that [the law applied only to] wood since it is common,28 but not to this which is uncommon,29 therefore he informs us [that the law applies to this case also]. This,30 however, only applies during the seven days [of the Festival], but after the seven days, it must be returned in its original state. If, however, he fixed it in with cement,31 even after the seven days he need only give its value. A Tanna taught, A withered [palm-branch] is invalid; R. Judah declares it valid. Raba said, The dispute concerns only the palm-branch, since the Rabbis are of the opinion that the palm-branch is likened to the ethrog [citron], and just as the ethrog must be a goodly [fruit]32 so must the palm-branch be goodly, while R. Judah holds that we do not liken the palm-branch to the ethrog; but with regard to the ethrog, all agree that it must be a goodly [fruit]. 32 Does not then R. Judah demand that the palm-branch shall be goodly? Have we not in fact learnt, R. JUDAH SAYS, HE SHOULD TIE THEM UP AT THE TOP, the reason presumably being that it must be goodly? — No! The reason is as it has been taught: R. Judah said in the name of R. Tarfon, Branches of palm-trees33 [mean that the palm-branches must be] tied up.34 and if they were separated, one must tie them up.35 But does he not then demand that it be goodly? Have we not in fact learnt, ‘The lulab36 is bound only with its own species; so R. Judah’,37 the reason presumably being that it must be goodly? — No! Since Raba said [that it may be bound] even with the bast or the root of the palm.37 What then is the reason of R. Judah? — Because he is of the opinion that the [components] of the lulab must be bound together and if one employs another species,38 the number of species becomes five.39 But does R. Judah demand that the ethrog be goodly? Has it not in fact been taught, As to the Four Species of the lulab, just as one may not diminish from them, so one may not add to them. If he cannot find an ethrog, he may neither bring a quince nor a pomegranate, nor any other thing. Dried up [ethrogs] are valid, withered ones are invalid. R. Judah says, Even withered ones [are valid]. And R. Judah, furthermore said, It happened (Whatever is attached to the ground is subject to the laws of title that apply to landed property). and the Sukkah being neither robbed nor borrowed, is consequently valid. Sukkah is valid. XIV, 14). respect the status of a permanent structure during the festival days.