More Discussions for this daf
1. A'Robber Minim 2. Sharshura. 3. Harei Shelcha Lefanecha - wine
4. גליון הש"ס
DAF DISCUSSIONS - BAVA KAMA 96

Ogden asked:

If someone steals a lulav erev Yom Tov Sukkos... what would the robber be obligated to pay?(after sukkos)

Some thought that the lulav itself should be returned...(even after Sukkos) While some are of the opinion that the value of the lulav be returned by the robber...if he is returning it after sukkos, since the essence of the value of the lulav is in its use during this week of the holiday specifically... therefore the gezeyla preempts the performance of the mitzva with this lulav.

If we do poskin that he is reimbursed for the value of the lulav at the time of the robbery, does the idea of the robber "returning it as is" come into play here? Or is that completely out of the question...

The Kollel replies:

I am glad to inform you that you are all correct. This question is extensively discussed in the Poskim (see Pri Megadim OC 656:1; Pischei Teshuvah CM 363:1, Sedei Chemed in Ma'areches Dalet Minim 6:7, among many others).

The basic reasoning of those who say that he can say Harai Shelchah l'Fanecha is that we compare this case to stolen Chametz. Those who disagree say that the Lulav is a Hezek Nikar, for everyone sees that an Esrog after Succos is worthless (or surely worth less).

D. Zupnik