Shulchan Aruch: Chapter 646 - Laws Relating to Myrtle

SECTION 646 Laws Relating to the Myrtle. (1–14)

1 [The Torah speaks of] “a branch of a braided tree.”1 The Sages2 interpreted this as referring to [a species] whose “branches” (i.e., its leaves3) cover its “tree” [i.e., its twig]. The words va’anaf etz imply that the entire twig [of the tree] is leaves; i.e., it is covered with leaves because they (are braided and)4 lie on their faces. The term avos implies that the leaves are braided; i.e., they overlap one another like [the links of] a chain.5

To what [species] does this [description] apply? To the myrtle.

2 [A twig] is not considered “braided” unless at least three leaves emerge from a single “nest”;6 i.e., three or more leaves are positioned next to each other in a circle [around the stem], none of them being lower than the other. Even though they do not emerge from a single stem, since they are very close to each other and stand on an equal plane in one circle they are considered as “braided.” [See fig. 23.]

If, however, two leaves stand on an equal plane, very close to each other, and the third leaf emerges on a higher level than the other two or emerges on a lower level than the other two and ascends and lies on them, this is not considered “braided.” [See fig. 24.] Rather,⁶ such a species is called a deviant myrtle.7 It is invalid throughout the seven days of the festival, even in a pressing situation when no other myrtle twig can be found. It should not be used even without reciting a blessing, for it does not belong to the same species as a valid myrtle. See sec. 649[:23].

3 As an initial preference, it is a mitzvah to seek out a myrtle [twig] that is entirely braided; i.e., all the sets of leaves throughout the three handbreadths — which is its minimum measure,8 as will be explained in sec. 650[:1] — emerge in threes from the same point. Nevertheless, if it is not entirely braided but mostly braided — i.e., most of the sets of leaves throughout its minimum measure, which is three handbreadths, emerge in threes from the same point — it is valid. Even as an initial preference, one may recite a blessing over such a twig.

4 If, at the outset, [a myrtle twig] was either entirely or mostly braided, and then some of its leaves fell off, it is valid⁶ if the majority of the leaves necessary for it to be considered braided — i.e., two complete leaves — remain attached in the majority of the sets of leaves.9

[This applies even] if one leaf from every set of leaves [along the three handbreadths] fell off, and even if some of the sets fell off entirely without leaving even one leaf.

5 [A twig from] an Egyptian myrtle, which has seven leaves emerging in each set, is valid even if four leaves fell off from each set, because even though most of the leaves have fallen, every set still has [three leaves, which is] the minimum number that constitutes a braid.10 If five leaves fell off from most of the sets, [the twig] is invalid. [This applies] even if no leaves at all fell from the minority of the sets, and they are complete, each with seven leaves. [The twig is] nevertheless invalid, since the majority of the leaves fell from the majority of the sets, and they were left without the minimal three leaves that enable a set to be considered “braided.”

6 In these countries where valid myrtles are not common, it is customary to [use and] recite the blessing over a twig that does not have three leaves growing in one row, but [has leaves that] grow in rows of two. Some [authorities] offer support for this practice, [stating] that the statement that a myrtle that does not have three leaves in a row is deviant applies only when the third leaf.... [The conclusion of this subsection is not extant.]11

7 Since such myrtles have only two leaves in each row, if one of the leaves from each of the majority of the rows within three handbreadths, its minimum measure, falls off, [such a twig] is invalid. [The rationale is that] the majority of the number [of leaves] necessary for [the twig to be considered] “braided,” i.e., two leaves,12 does not remain in the majority of rows. Much care must be taken in this regard, for many leaves often fall from myrtle twigs and people do not pay attention to this.

8 If the leaves [of a myrtle twig] dried out, it is invalid,⁶ because it is not considered “beautiful.”13 If the leaves have not dried out, even though they have already withered, they are valid.

What degree of dryness [disqualifies them]? They crumble when handled by one’s fingernail and their green color has faded to the extent that they become white.14 [At this stage] they are called “dried out,” for even if they would be soaked in water for several days, they would not return to their [natural] appearance. They are like dried wood which will not lose the description of being “dried out” even if it is left to soak in water for several days. Before they become white, even if they will crumble from dryness when handled by a fingernail, [they are not considered as “dried out”], for if they are placed in water for a day or two, [their leaves] will regain their [natural] texture and appearance.

9 [The following rules apply if] most of the leaves of all three15 myrtle twigs dried out. If each twig still has three fresh leaves in one row, they are valid.¹⁰ [This applies] provided the row [of] fresh [leaves] is positioned at the top of the twig, because [this] is what counts most towards the myrtle’s appearance, for a person sees it at first glance. If it is dried out, the myrtle is not considered “beautiful,” for its “beauty” depends primarily on the top of the twig.

10 [There are two views on the validity of the twigs] if these three leaves at the top of the twigs are not entirely fresh, but are withered. [Some authorities hold that] although if all the leaves of a myrtle twig were withered it would be valid, now that all the [other] leaves are dry, these withered leaves do not save the dry leaves from disqualifying [the twigs]. That is possible only when the leaves are fresh and “beautiful.”

However, other authorities differ and maintain that since a withered leaf is valid, it is considered as [if it were] fresh in all respects. Hence it also saves the dry leaves from disqualifying [the twigs]. One may rely on their opinion from the second day of the festival onward,16 when the obligation of taking the lulav is only Rabbinic in origin.17

11 With regard to all the [other] species of the lulav,18 if their tips have been cut off they are invalid, because then they are not considered “beautiful.” [An exception is made] with regard to the myrtle. If its top has been cut off, and even if the top of the twig itself and its leaves have been cut off, it is valid.19 [The rationale is that] since the myrtle has many leaves, the remaining leaves cover the place where the tip was cut off and the cut is not obvious.

Differing authorities maintain that even if the tip of the myrtle — i.e., the twig itself from which the leaves emerge — is cut off, the twig is invalid, because the tip is not considered “beautiful.” According to their opinion, even if the tip is not cut off, but the three leaves at the top [of the twig] have dried out, it is invalid. Since the leaves at its tip are not “beautiful,” [the fact that] all the other leaves are fresh and “beautiful” [is not significant].

Where possible, one should be stringent and follow the latter view in a place where it is possible to find other myrtle twigs. If it is impossible to find another, one may rely on the first opinion and recite a blessing over such a myrtle twig.

12 The myrtle tree produces fruit similar to grapes [or berries]. If there are more of these berries than leaves along the three handbreadths that constitute the minimum length of the myrtle twig, it is invalid.² This applies even from the second day and onward. [The rationale is that] these berries are usually black or red, while the myrtle twig is green. It will thus appear speckled,20 and this is not considered “beautiful.” Therefore if the color of the berries is green like the color of the myrtle [leaves], it is valid, even on the first day, despite the fact that there are more berries than leaves.

13 Even when the berries are red or black and there are more berries than leaves, [the twig] is valid if one removed some of them until there were more leaves than berries. [This applies] whether one removed them before the festival or one transgressed and removed them on the festival itself.21 A blessing may be recited over such a myrtle twig [even] as an initial preference.22

Nevertheless, at the outset, it is forbidden to remove the berries on the festival.23 On Shabbos, it is permitted to pick fruit from a branch that was severed from its tree before Shabbos, as stated in sec. 336[:14]. Nevertheless, [different laws apply in the present instance. The rationale is] that since, by removing these berries, the myrtle is made fit to be used for its mitzvah, doing so resembles putting a utensil in working order on the festival.²⁰ [Moreover,] even if one has no intention whatever to make the myrtle twig fit [for the mitzvah] but desires to eat the berries, [this is forbidden].24 [The rationale is] that independent of his will, due to the plucking [of the berries], the myrtle is made valid and becomes [like] a utensil. Thus it resembles a situation described as psik reisha velo yamus,25 as explained in sec. 320[:22-24].

14 When does the above apply? When he needs this myrtle twig, because he does not have another one. If, however, he has another myrtle twig, and has no need at all for this one, he may pluck the berries from this twig in order to eat them on the festival.²⁰ Even though the myrtle twig thereby becomes valid and thus this activity resembles making a utensil, [it is permitted,] because he himself does not need this myrtle at all. Hence he did not put anything in working order [for himself].