For the source text click/tap here: Sukkah 30
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We begin the third chapter of masechet sukkah. The Mishna (29b) begins "a stolen lulav is invalid", serving as the springboard to the principle of mitzva haba'ah baveriah, a mitzva committed by means of a sin, where the sin negates any potential mitzva.
In explaining this concept the gemara cites G-d Himself saying "I am the Lord, [I] love justice and hate robbery in an olah [offering]" (Isaiah 61:8). A korban olah is one in which the entire animal is offered to G-d. One who steals such receives no personal benefit and offers to G-d what is His anyway. Nonetheless G-d hates such theft and such a sacrifice is worse than worthless. And if G-d hates those who steal in order to offer a sacrifice to Him it stands to reason that He is no fan of those who steal for their own benefit.
Before introducing the four different species by name, the Torah uses the phrase: ‘And you shall take for yourself’ (Leviticus 23:40). In the Midrash (Vayikra Raba, 30:3), playing with this phrase, Rabbi Chiya taught that the lulav, ‘must be rightfully purchased and not stolen.' The notion that this commandment cannot be fulfilled with a stolen lulav is straightforward, and is the subject of a Talmudic discussion too.
But, the Midrash goes on to develop a Mashal/parable. ‘Somebody who uses a stolen lulav, to what can the situation be compared?’ A story is told of a highwayman who waits at a crossroad in order to accost passers-by. One time, an official of the king comes by to collect taxes from the province. The highwayman accosted him and stole everything that he had.
We explore the ethics of mitzvot hab'a be'avera from a variety of perspectives including Marxist.