Our Gemara on Amud Aleph rules that one is not allowed to use a stolen Lulav and esrog. The Mei HaShiloach (Likkutei Shas II: Succah) notes that though a stolen Lulav cannot be used, a stolen Succah can be used, because land really cannot halakhically be stolen, as it cannot be lifted up or taken anywhere. He then notes a parallel rule regarding using a Lulav on shabbos, which is not allowed, unlike a Succah which is. 

Of course, the nuts and bolts of the Halakha shows no common ground between these two coincidental similarities. However in the mystical/chassidic world of derash, where all words and ideas have omnisignificance, the coincidence has to mean more. 

The Mei HaShiloach Explains that Succah represents spiritual attainment that is a gift from God without any internal exertion. Just as the original clouds of glory were given to the Jews in the wilderness. However, the Lulav, through the exertion of the waving of the branches too and fro, up and down, represent the spiritual strivings that one must work on. That is why, the Succah ritual is observed even on Shabbos, while the Lulav ritual is not. Because Shabbos is not a time for exertion, but rather for absorbing and contemplating the work from the week. Similarly, he says, since the Succah is a gift to all of Israel and does not require individual spiritual striving, therefore even a stolen Succah is suitable. On the other hand, since the Lulav represents personal religious striving and efforts, how could it possibly be from stolen material?

I am adding the following thought. Sometimes our own spiritual exertions can still in someway be “stolen”. On the simplest level perhaps when we wake up to pray or study, we make too much noise and wake up others, which is stealing sleep. Perhaps we have not taken into account enough the effects of our actions on those who are close to us, and this in some way is taking something from them without their permission. Of course, religious strivings require sacrifice, not just on your part but on the part of your family members. I think it needs open discussion to hopefully achieve some kind of consensus where everybody feels on the same team, and nobody feels like something is being stolen from them.

 

Translations Courtesy of Sefaria, except when, sometimes, I disagree with the translation cool

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