Page 374 - Chayei Adam LAYOUT sivan 5782

Chayei Adam - K’lal 148 - Laws of Lulav & Daled Minim

holds true if a Jew sent it and the non-Jew was delayed on the way. It is permitted
to send a non-Jew on yom tov to go get a lulav, and even if he sends him more
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than twelve mil away, provided he will return that day. Although some say that
this is a Torah prohibition; nevertheless [the mitzva of] lulav is a Torah obligation
for many and it overrides the prohibition of instructing a non-Jew [to do so].
Furthermore, some say that it is only forbidden by rabbinic decree. If the first day
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of yom tov is on Sunday, it is forbidden to send a non-Jew on Shabbos to bring
it on yom tov, because they only permitted a close prohibition, meaning for the
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purpose of that day, but not from Shabbos to yom tov. If one’s friend doesn’t
have a lulav and he is outside of the techum and he doesn’t have money to buy
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his own lulav, it is permitted to send it to him [on yom tov]. However, if he can
buy his own and was negligent and didn’t buy one, we don’t permit him to sin for
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the sake of his friend. That which it is permitted to send [a non-Jew to get it], is
only if he is sure that it will be delivered to him. If however, he is unsure, it is
forbidden to send a non-Jew even on the first day, since he is definitely violating
a rabbinic prohibition. Although he might fulfill a mitzva of the Torah, [it is
doubtful and] does not override a sure [prohibition]. 88

םדו רשב
83. Instructing a non-Jew to do himself stresses), it is unclear whether
something which is only rabbinically forbidden travelling twelve mil is in fact forbidden by the
(known as a shevus d’shevus or a double Torah or not. (See however Aruch Hashulchan
d’rabbanan) is permitted in order to fulfill a who disagrees, and Mishna Berura who writes
mitzva. Accordingly, one may send a non-Jew that one can rely on this in extenuating
to get a lulav in order to fulfill the Torah circumstances.)
obligation of lulav. Even though travelling a
distance greater than twelve mil might be 84. According to the established calendar
forbidden by the Torah, one can still instruct a we have today, the first day of Succos will
non-Jew to do so because: (a) it is for the sake never fall out on Sunday, and these words, are
of the tzibur at large (since there is no lulav therefore largely academic. See Hebrew note.
ול
available) and therefore qualifies as a
communal mitzva which may override the 85. The Maharashal writes that if yom tov
rabbinic prohibition of instructing a non- is on Sunday, one may not send a non-Jew on
Jew (Taz); and (b) (as the Chayei Adam Friday charged with the task of bringing back

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