Talmud for Sukkah 58:1

⁹This paragraph is part of a text in Yebamot12:2 (Notes 50–59,ז). A ram’s horn of idolatry¹⁰The ram's horn used on New Year's Day. or a seduced city¹¹The usufruct of any implements of idolatrous worship is forbidden. The horn is only permitted since Divine Commandments are not for enjoyment or use. The Babli, Roš Haššanah28a, agrees.. Rebbi Eleazar said, it is qualified. Rebbi Ḥiyya stated, it is qualified. Rebbi Hoshaia stated, it is disqualified¹²The Babli, Roš Haššanah28a, disagrees in this case since a ram's horn in a “seduced city” must be burned and therefore is considered to be ashes even if not burned. Arguments of this kind are absent in the Yerushalmi.. Everybody agrees about a lulav that it is disqualified. What is the difference between a ram’s horn and a lulav? Rebbi Yose said, about a lulav it is written: You shall take for yourselves¹Lev.23:40: You shall take for yourselves on the First Day a fruit of the splendor tree, date-tree palms, a branch of the rope tree, and brook-willows. The lulav is the young palm branch. While in the verse it is called “palm”, because the leaves of the palm-tree spread out from the spine of the branch like fingers of a hand, it is traditional to take a young branch with the leaves still tightly clinging to its spine. From this the name לולב “tube” (cf. Note 27)., from what is your own⁶Babli 29b; Sifra Emor Pereq17(2). The paragraph is a much shortened version of Lev.r. 30(6), starting with R. Ḥiyya’s statement and ending with the lesson “woe to this one …”. Not from what is forbidden for usufruct. But here, a day of horn blowing it shall be for you¹³Num. 29:1.. Rebbi Eleazar said, there he fulfills his obligation by the thing itself¹⁴It is a general rule that a stolen or robbed object has to be returned in kind to its owner only if it is unchanged. Once the thief or robber has changed it so its original shape cannot be restored, it becomes the property of its current holder and the original owner only has a claim for its money’s worth and eventual fines (Or zarua § 274). Therefore it is the robber’s property and even in the case of a lulav could be used on the holiday.. But here he fulfills his obligation by the sound. Is there a sound which is forbidden for usufruct?