(Lev. 23:40:) “And you shall take for yourselves.” [Take (rt.: lqh) implies] by a full purchase (rt.: lqh), for you are not to persist in stealing it. Then it would turn out that his advocate has become his accuser. (Lev. 23:40:) “And you shall take (rt.: lqh) [ for yourselves ].”
R. Hiyya taught in a baraita, “Through buying (mqh) and not through stealing, through buying (mqh) and not gratIs. [Such prohibitions serve] to exclude what is borrowed and to exclude what is stolen. A parable: To what is the matter comparable? To a royal agent who went to collect [taxes] in the city. After he had collected them, a certain townsperson found him on the road [and] he was a bandit. He beat him and took everything belonging to him plus the collected tax money which was in his possession.
After some time that townsperson came to be on trial before the governor. He went to hire himself someone who would plead his case. The [tax] collector said to him, ‘What are you doing here?’ He said to him, ‘There is a lawsuit, and I wish to hire myself someone who will plead my case.’
He said to him, ‘Give me that gold and those articles and that baggage which you took from me. Then I will plead your case. And tomorrow when you stand for trial in front of the governor and he will say to you, “Do you have someone to plead your case,” say, “Such and such a person,” and I will go and plead your case.’ [So] he took that gold and that baggage from him, [but only] a part [of it,] and he went away. The next day, when he stood before the governor, he said, ‘Do you have someone who is pleading (melamed) your case.’ He answered and said, ‘Such and such a person.’ The governor said to him, ‘What case are you making (melamed) for this person?’
He said to him, ‘My Lord, I am telling the things that this companion of mine did to me. When I went to collect taxes in such and such a city, he rose up against me, robbed me, and took everything that I had. And the things which you see in my hands are some of the things which he returned to me so that I would plead his case.’ Then they all began to say, ‘Woe to that one, for his advocate has become his accuser.’
Thus, no one from Israel should give praise with a stolen lulav. [He should not use one] unless he buys (rt.: lqh) it for himself with money, as stated (in Lev. 23:40), ‘And you shall take (rt.: lqh) for yourselves.’” (Lev. 23:40:) “And you shall take for yourselves on the first day.” This text is related (to Ps. 96:12 // I Chron. 16:33), “Then shall all forest trees shout for joy.”
About whom does Scripture speak? About Israel and about the peoples of the world, when the Holy One, blessed be He, judges them on the Day of Atonement. The former and the latter come [for a verdict], but we do not know who has prevailed. To what is the matter comparable? To two humans who came before the king for a verdict.
Now no one except the king himself knew what [the issue] was between them. The king judged them, but the people did not know who had prevailed against his companion. [However], the king said, “You should know that whoever leaves with a lance in his hand has prevailed.” So Israel and the peoples of the world come for a verdict on the Day of Atonement, and the people do not know who is victorious. The Holy One, blessed be He, said, “Take your lulavim in your hand, so that everyone may know that you have won in the judgment.”
Therefore David said (in Ps. 96:12–13; // I Chron. 16:33), “Then shall all forest trees shout for joy [before the Lord ]” When? (Ibid., cont.:) “When He comes, when He comes to judge the earth,” on the Day of Atonement. What does Israel do? They wait for him five more days in order that everyone may hear that Israel won. It is therefore stated (in Lev. 23:40:) “And you shall take for yourselves on the first day [beautiful tree fruit, branches of palm trees].”