“True, he constructed it, and by all accounts, it served him well. Then he passed it on to you. You have since made your own modifications. So it is now your lightsaber.” – Huyang
In the final episode of Star Wars: Rebels, Ezra handed his lightsaber to Chopper before sneaking off to surrender to Thrawn. Chopper gave it to Sabine, and she used it to help the rebels escape the Imperial Command Center.
By the beginning of Ahsoka, Sabine had modified Ezra’s lightsaber. In Episode 2 of Ahsoka, Huyang remarks that, after her modifications, the lightsaber is now Sabine’s. While I certainly share Huyang’s enthusiasm for lightsabers, I would respectfully disagree with Huyang’s take on property law.
Gift
If Ezra had gifted the lightsaber to Sabine, then she would be entitled to do as she pleased with it, including modifying it to her heart’s content. Gifting an item of personal property transfers title to the property from the giver to the recipient, who thereafter owns the property outright. See Cal. Civil Code § 1146.
As an aside, the circumstances of Ezra’s relinquishment of his lightsaber raise an interesting question about the nature of the gift. On one hand, if Ezra meant merely to gift the lightsaber as a sign of affection, the gift would be inter vivos, an ordinary gift between living parties. On the other hand, if Ezra expected that his gambit with Thrawn’s ship and the purrgil would cause his death, the gift would be a gift causa mortis, which is sort of a quasi-testamentary gift given under an apprehension of imminent death.
Either way, a legal gift requires intent, delivery, and acceptance, and the circumstances in the Rebels finale raise questions regarding at least intent and delivery. Burkle v. Burkle, 141 Cal. App. 4th 1029 (2006). First, it seems unlikely that Ezra intended to gift the lightsaber to Chopper, to whom he delivered the item. One shudders to contemplate the havoc that Chopper could inflict with such a weapon, but more than that, astromechs like Chopper are more frequently mere custodians (see, e.g., Return of the Jedi). If anyone, it’s more likely Ezra intended it to be a gift for Sabine, who had already demonstrated her aptitude with the Darksaber and with whom Ezra shares a close, affectionate relationship. But in that case, it’s curious that he did not give it to her directly even though he had the opportunity when silently communicating with her in the Rebels finale his intent to sneak off and surrender. So even if Sabine could establish intent, notwithstanding Huyang’s comment that Ezra “passed it on to you,” the lightsaber was probably not a legal gift as Ezra arguably did not actually or symbolically deliver it to Sabine’s possession. See Cal. Civil Code § 1147 (for unwritten gifts, requiring actual or symbolic delivery of object to recipient).
In any event, Sabine herself does not seem to interpret the transfer as a gift, as she still refers to it as “Ezra’s lightsaber” in Ahsoka. Under these circumstances, Sabine would have no right to alter Ezra’s personal property, and the modifications certainly would not result in transferring title to her.
Gratuitous Deposit
Alternatively, personal property left in the physical custody of another raises the issue of bailment, where the owner transfers possession but not title to a bailee. The lightsaber’s bailment here would be best described as a situation where the bailee, Sabine, receives the benefit of possession, and the owner, Ezra, receives no reciprocal benefit, such as a rental fee. California regards this kind of bailment as a “gratuitous deposit” under Civil Code section 1844. California law requires a bailee of this kind of deposit to “use, at least, slight care for the preservation of the thing deposited.” Cal. Civ. Code § 1846(a).
Framing Sabine’s possession of the lightsaber as a gratuitous deposit would be better for her in terms of avoiding trouble for its modifications. She could argue that adding embellishment to the nozzle and polishing up the hilt did not impair the lightsaber’s function or value. She could argue that the modifications added value given her reputation and skill as an artist and reflected “at least, slight care” for the lightsaber’s preservation while in her custody.
However, as with all deposited property, California law would require Sabine to return the lightsaber to the owner when demanded. So assuming that her and Ahsoka’s quest is successful, what happens if Ezra is unhappy with the modifications to his lightsaber while it was in Sabine’s care?
This triggers a concept called accession, which is the addition of value to bailed property by the expenditure of labor or the addition of new materials. See Cal. Civ. Code § 1025 et seq. Since Ezra owns the principal lightsaber, Ezra would be entitled to entirely reclaim the newly embellished lightsaber, although he may be obligated to reimburse Sabine for her effort and materials. Id. § 1025. Alternatively, he could demand that the new ornamentation be removed and his property restored to its original condition. Id. § 1026.
However, given that Sabine’s modifications likely do not exceed the value of the overall lightsaber, the modifications would not result in transferring ownership to her, despite Huyang’s evaluation.
What will Ezra think of Sabine’s additions to his lightsaber? Will he ultimately gift it to her in a way that results in an effective transfer of title? It looks like Sabine, Huyang, and Ahsoka will have to travel to a galaxy even farther, farther away to answer these and many other questions.
This post was composed during the 2023 WGA and SAG-AFTRA strikes. We acknowledge that this show would not exist without the labor of currently striking artists and are grateful for their hard work.
