A Public Lulav Set
Question
How can the owner of a nursing home provide a lulav/esthrog for his patients? The owner, or any jewish worker, will not be present on Yom Tov in order to be Makna the set to each person.
Answer
Shalom!
Thank you for your question.
You are correct that on the first day of Sukkot (and on the first two days of Sukkot when outside of the Land of Israel) one must own the Lulav bundle that one uses for the mitzva. As the Torah states, “ulekachtem lachem bayom harishon,” (“you shall take for yourselves on the first day”) which means that a person must own the Lulav bundle he uses on the first day(s) of Sukkot.
Yes, those who use a “communal” Lulav set have fulfilled the mitzva.
To explain:
Let's take the Tallit as a point of reference. One is permitted to recite the blessing on a borrowed or communal Tallit, as a borrowed or communal Tallit is inherently considered to be a “matana al menat l’hachzir” which means “it is a gift on condition that it eventually gets returned.” (Taz, OC 14:3). Here too, the same idea can be (at least in extenuating circumstances) applied to a communal Lulav set.
So too, it can be suggested that every member of a community is considered to be a part owner of anything that the community owns. This is another reason why it is permitted to recite a blessing on a synagogue tallit, as all the members of the synagogue are considered to be the owners of the synagogue’s shared property, such as the tallitot and siddurim. (Aruch Hashulchan, OC 14:10).
Indeed, the Rashba (Responsa 1:62) rules that when a group or organization buys a Lulav then everyone in the organization is considered to be the owner of the item when using the item. The Shulchan Aruch appears to rule in this way, as well. (OC 658:9)
Le'halacha the way this is done, in order to consider the Arba minim as belonging to all the members of the nursing home, the owner should give it (makneh) to someone else who will acquire (koneh) the Arba Minim on behalf of all the members of the nursing home