On the first day of sukkos one should not give a koton the lulav before the gadol is yotzei since the koton cannot be makne it back.
My question is: If the koton borrowed the lulav, can he give it back? Does a borrower have a kinyan in the item enough for a koton to be unable to be makne it back? I know we are not near sukkos but this is a parshas mishpatim question. Thank you.
Answer:
It appears from the Gemara that the problem is limited to where one makes a full transfer of property to the minor.
This stands to reason, because in cases of borrowing, there is no actual transfer of ownership; the borrower only has a “kinyan” in a sense that the item enters his domain, and makes him liable for damages and loss, etc., but he does not have any concrete ownership, so that there is no problem in lending the item to a child.
