Sukkah 30 - August 6, 28 Av

Today's daf is sponsored by Jennifer and Daniel Geretz in memory of Rachel "Chela" Geretz, ob"m, on the occasion of her second yahrtzeit. The law that one cannot perform a mitzva through a transgression is learned from verses relating to sacrifices. From there, Rabbi Yochanan in the name of Rabbi Shimon bar Yochai learned that a stolen lulav is disqualified all the days of Sukkot. But Rabbi Yitzchak disagrees and holds that it is only disqualified for one day and because it is not considered one’s own and the verse says “One should take for oneself on the first day” – from one’s own. Due to the disqualification of a stolen lulav, Rav Huna suggested to those middlemen who buy from idol worshippers, who were known to steal land from others, to have the idol worshippers cut the myrtle branches to put on the lulav to ensure that the middlemen wouldn’t be using stolen items. Since one who land is stolen from never gives up hope on getting back the land, stolen land is still considered owned by the original owner (no yeush) Therefore if they would cut it themselves, the owner would give up hopes of getting it back after it was cut and the middlemen would be considered to have stolen them. If it is cut by the idol worshipped, the theft happens in their hands and then when ownership rights are transferred to the middlemen, that is enough to have it no longer considered stolen property. The gemara raises a few questions on this – why would binding it not be considered a change through action and changing the name from myrtle to hoshana? If those would be considered significant changes, then also it would help to remove it from being considered stolen property.