The Nature Of Lulav

The Gemorah at the beginning of לולב הגזול is clear that the דין of לכם required by lulav is only on the first day, not on the second day and beyond.  What is the difference between the first and the other days?  Tosfos understands the difference is that on the first day there is a biblical obligation to take the lulav, learnt from ולקחתם לכם ביום הראשון and on there is where the drash of לכם, משלכם applies.  However, the ensuing days are only a rabbinic obligation זכר למקדש where the lulav was taken all seven days and the Rabbis only imposed the mitzvah of taking the lulav. But not all the dinim that go along with it.  According to this understanding, in the Mikdash, where the obligation is biblical, then the din of לכם would apply even beyond the first day. 

The Rambam (Lulav 8:9) is clear that even in the Mikdash the din of לכם is only limited to the first day.  Why does the Rambam disagree with Tosfos? Rav Solevetchik explains that the Rambam holds that the mitzvah of the lulav in Mikdash is distinct from that outside the Mikdash.  The din outside is to take a lulav for one day and its learnt from ולקחתם לכם ביום הראשון and has the limitation of לכם.  However, the mitzvah of lulav in Mikdash isn’t to do the act of picking up a lulav, the lulav is just a means of expressing simcha.  The mitzvah isn’t ולקחתם, its ושמחתם לפני ה', to be in a state of joy, the lulav is a means to the end and hence it’s not limited by laws of ולקחתם for as one as one is holding a lulav that is good enough to facilitate simcha.  Tosfos on the other hand, hold that the mitzvah in Mikdash is merely to extend the obligation of ולקחתם for seven days, hence it is limited by the din of לכם as well.

The problem I have with this is that it doesn’t seem to jive with the Rambam is Sefer Hamitzvot for he only counts lulav as one mitzvah (#169,) according to Rav Solevetchik it should be two mitzvot?  Even if that doesn’t bother you, for since at the end of the day both involve an act of taking the lulav, so it counted as one mitzvah, if we look at the words of the Rambam, he seems to categorize both of the obligations as that of simcha.  He says היא שצונו ליטול לולב ולשמוח בו לפני ה' שבעת ימים. והוא אמרו יתברך ולקחתם לכם ביום הראשון וגו'.  He defines the obligation of the first day also as simcha.  Also in the count of the mitzvot in the beginning of the Laws of Lulav, the Rambam only brings the obligation of taking the lulav seven days in the Mikdash, not the obligation of the first day.  This would seem again because the obligation of one day outside Mikdash is the same yesod of simcha as in the Mikdash, just limited to day one. (See Rav Eliyahu Baruch pg. 200-201 that brings additional supports to this idea.)  So if indeed both inside and outside the Mikdash, the yesod of the mitzvah is simcha, there doesn't seem to be any reason to split between Mikdash and outside, so what is the explanation of the Rambam that splits the dinim?  (Rav Zolti in Mishnas Yaavetz siman 68:2 struggles with some of this point, but doesn't really give a good answer.)