REVACH L'DAF
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SUMMARY
1. There is a dispute about whether one fulfills the Mitzvah of Sukah by commandeering a Sukah.
2. Everyone agrees that if a person stole Sechach which he put on his Sukah, he fulfills the Mitzvah but must pay for the Sechach.
3. When a stolen beam is built into a structure (such as with plaster), the original owner must accept payment.
4. For the Mitzvah of Arba'as ha'Minim, one may not use more or less than the four species specified in the Torah.
5. There was a city where it was very difficult to get Lulavim, and thus the residents passed their Lulavim from generation to generation.
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A BIT MORE
1. Rebbi Eliezer: One does not fulfill the Mitzvah in such a case, since one must own the Sukah in order to fulfill the Mitzvah. One who takes possession of a Sukah by stealing it (and thus now owns it) cannot fulfill the Mitzvah because it is a stolen Sukah. Chachamim: He fulfills the Mitzvah. A person can fulfill the Mitzvah in his friend's Sukah, and since land cannot transfer ownership through theft, the Sukah is not considered a "stolen" Sukah.
2. Since he changed the wood by cutting it and/or by turning into Sechach, he owns it and merely must pay for it.
3. The rightful owner may not demand the item back if it is attached with plaster or other materials that integrate it into the thief's structure. However, if it is merely a loose part of the structure and is not solidified, he must give it back, unless it is Sukos (since it is considered like a permanent building during Sukos, as Rashi explains).
4. One may not add a pomegranate or anything else he deems suitable. Doing so is a transgression of Bal Tosif.
5. Rebbi Yehudah: A dry Lulav is valid, and as evidenced by this city where three generations used the same Lulav. Rabanan: This does not mean that a dry Lulav is valid. In this city, they simply did not have access to any other Lulavim.
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Index to Revach for Maseches Sukah
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