Introduction to Tosfos:

a. Based on the Pasuk in Emor, "u'Lekachtem Lachem ba'Yom ha'Rishon, P'ri Eitz Hadar ... ", we learn a series of things that render the four species Pasul (and I cite them in the order that Tosfos does)

1. "Hadar" - to preclude spots and other imperfections that detract from their beauty.

2. "Lachem" - to preclude what is not one's own.

3. "u'Lekachtem" (Lekichah Tamah) - to preclude if the four species are incomplete or lacking (Chaser).

4. "u'Lekachtem" (plural) - to preclude one person taking them on behalf of somebody else.

b. The Pasuk first speaks about the first day only, "And you shall take for yourself on the first day", but then switches to all seven days, "and you shall rejoice before Hash-m for seven days".

Now let's go through Tosfos, stage by stage.

1. The Gemara seems to hold that the Din of "Hadar" applies throughout the seven days of Sukos, whereas that of "Lachem" is confined to the first day (or days) of Yom-Tov, and so is the Din of 'Chaser' (which is derived from "u'Lekachtem"), as is evident from the story of R. Chanina (on Daf 36b).

2. What is the basis for this distinction?

3. Perhaps, Tosfos suggests, Lachem and Chaser are confined to the first day because they precede the words "on the first day", whereas "Hadar", which is written after it, pertains to the seven days mentioned later in the Pasuk.

4. Tosfos rejects this suggestion however, since if that were so, Lekichah Tamah should not apply on the subsequent days of Sukos, and by the same token (seeing as both are learned from "u'Lekachtem"), one person should be able to take the Lulav on behalf of his friend. Yet we know that this is not the case.

5. They therefore solve the problem by referring to the distinction between the first day and the subsequent days outside the Beis ha'Mikdash, in that the former is d'Oraisa, the latter, mi'de'Rabanan (in memory of the Beis ha'Mikdash, as we learn on 44a).

6. Consequently, it is no longer a question of what the Torah forbids or permits on the subsequent days, but rather, which of the above Pesulim did the Rabanan see fit to decree on them. What they therefore decided was to include

a. those Pesulim that effect the actual taking (i.e. Lekichah Tamah and that each person should take for himself), and

b. Hadar, due to the importance of Hidur Mitzvah (which is crucial to this Mitzvah, though by other Mitzvos it is not).

They did not however decree with regard to Chaser and borrowed ("Lachem").

7. Whether or not one fulfils the Mitzvah with a stolen Lulav is subject to a Machlokes between R. Yochanan and Resh Lakish. According to the former, even though it is not Pasul on account of "Lachem", it is Pasul because of 'Mitzvah ha'Ba'ah ba'Aveirah' (a Mitzvah that one fulfils only through having performed a sin); whereas according to the latter, 'since ('Mitoch') one is Yotzei with a borrowed Lulav, one is also Yotzei with a stolen one'.

be'Virchas Kol Tuv

Eliezer Chrysler.