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Summary

Rav Huna instructed the hadassim merchants to have the gentile farmers cut the hadassim rather than cut them themselves. Generally speaking, gentiles steal land, but land can never be considered “stolen” and still belongs to its original owner. The hadassim though, can be stolen. So if the gentile cuts it, the yiush can take place and then the ownership is transferred to the merchants. But if the merchants cut it, they won’t be able to use it. While they would have yiush, there would be no transfer of ownership. There is also no “transformation of the stolen object” because “a lulav need not be bound” (10.1). Even if a lulav does require binding, binding alone cannot be considered a “transformation of the object”. There is no name change here since hadassim are called hoshanos even before they’re used for sukkos.

Beraisa: A stolen sukkah or one built on the street: Rabbi Eliezer: It’s possul. Chachomim: It’s kosher.

Rav Nachman: They’re discussing a case where the owner’s sukkah was seized. Rabbi Eliezer follows his opinion that another’s sukkah cannot be used [even with permission]. According to the opinion that land can be stolen, it’s another’s sukkah. But even according to the opinion that land cannot be stolen, it’s like a borrowed sukkah which is also possul according to Rabbi Eliezer.

The Chachomim follow their opinion that another’s sukkah can be used. Since land cannot be stolen, it is like a borrowed sukkah and it is kosher. This podcast has been graciously sponsored by JewishPodcasts.fm. There is much overhead to maintain this service so please help us continue our goal of helping Jewish lecturers become podcasters and support us with a donation: https://thechesedfund.com/jewishpodcasts/donate