Gemara: The Tanna is brief in showing [that the Lulab is
unfit] without distinguishing between the first day of the
festival [the celebration of which is made obligatory by the
Torah] and the second day [for which the ceremony of the Lulab
is prescribed only by the Rabbis, Scriptures saying "on the
first day"[102]]. It must certainly refer to the dry Lulab
[it may be unfit, even from a rabbinical point of view, for
since it is a rite instituted in commemoration of the Temple,
we require that it be practiced with care], for we require
that it be "beautiful," and in this case the condition is not
fulfilled. But so far as the stolen Lulab is concerned, I
understand that it should not be used the first day, for in
regard to the first day it is written: "And ye shall take
you:" of what belongs to you; but why not the second day
[whence does one know that one may not use it then?]? R.
Johanan replies in the name of R. Simon ben Yohai: because
then a regulation would be fulfilled through the commission of
a transgression, for it is said [for we find a verse which
forbids the fulfilment of a regulation through committing a
transgression]: "And ye brought that which was stolen, and the
lame, and the sick."[107] The stolen animal is likened to the
lame; and just as it is irremediably unfit [it can never be
offered as a sacrifice, because its imperfection is
perpetual], so the one that is stolen is irremediably unfit
[we deduce from this verse that it can never more become of
use, even if there has been a renunciation; that is, if we
have heard the owner renounce the object by saying, for
example, "Decidedly, I have lost this purse;" although in
regard to the ownership of the animal, we said, in the
treatise
Baba Kama (68a), that the holder became the
possessor, if the first owner renounced it; however, he cannot
offer it as a sacrifice upon the altar], whether this be
before or after the renunciation.
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