Tag: eruv tavshilin

Eruv Tavshilin

Since Yom Tov begins on Friday, a rare occurrence, we must prepare an eruv tavshilin, whether we live in Eretz Yisrael or in Chutz La’Aretz.

Question #1: Where?

“Is it true that eruv tavshilin is more common in chutz la’aretz than in Eretz Yisroel?”

Question #2: What?

“In what way is the halacha of eruv tavshilin different on Shavuos and Shevi’i shel Pesach from other Yomim Tovim?”

Question #3: Why?

“What is the reason that many people use a hard-boiled egg for eruv tavshilin?”

Foreword

With Shavuos beginning on Thursday evening, the laws of eruv tavshilin are germane both to those living in Eretz Yisroel and to those living in chutz la’aretz. In order to reply accurately to the above inquiries, we must first examine several aspects of this mitzvah that Chazal implemented – particularly, the whys, hows, and whats of eruv tavshilin. Because of space considerations, this article will not be able to address all the issues of eruv tavshilin, but will answer the opening questions that were posed. However, there are other articles on the topic, as well as on the laws of Yom Tov, that may be read on RabbiKaganoff.com.

First, the basics: When Yom Tov falls on Friday, an eruv tavshilin must be made on erev Yom Tov to permit cooking and other preparations on Yom Tov for Shabbos. As it turns out, making an eruv tavshilin is much more common in chutz la’aretz than it is in Eretz Yisroel. Since, in our calendar devised by Hillel Hanasi, the beginning of Sukkos, Pesach and Shmini Atzeres never falls on Friday, the only time there is a need for an eruv tavshilin in Eretz Yisroel is when Shavuos or the seventh day of Pesach falls on Friday, or when Rosh Hashanah falls on Thursday. On the other hand, in chutz la’aretz, in additional to these instances, often the two days of Yom Tov fall on Thursday and Friday.

Introduction

When discussing the laws of Yom Tov, the Torah teaches kol melacha lo yei’aseh bahem, ach asher yei’acheil lechol nefesh hu levado yei’aseh lachem,“No work should be performed on these days; however, that which is eaten by everyone (kol nefesh), only that may be prepared for yourselves” (Shemos 12:16). We see from the posuk that, although most melachos are forbidden on Yom Tov, cooking and most other food preparations are permitted. However, cooking is permitted on Yom Tov only when it is for consumption on that day. It is forbidden to cook on Yom Tov for the day after, and at times this is prohibited min haTorah. There is, however, one exception – when Yom Tov falls on Friday and an eruv tavshilin is made, it is permitted to cook on Yom Tov for Shabbos.

To quote the Mishnah (Beitzah 15b), “When Yom Tov falls on erev Shabbos, it is prohibited to begin cooking on Yom Tov for Shabbos. However, it is permitted to cook for Yom Tov, and, if there are leftovers, plan them to be for Shabbos. Furthermore (there is a way in which it is permitted to cook on Yom Tov for Shabbos), by preparing a cooked food from before Yom Tov which he leaves for Shabbos. According to Beis Shamai, this must be two cooked items, and, according to Beis Hillel, one cooked item suffices.” (As we are aware, we also set aside a baked item for the eruv tavshilin, but this is not essential.)

Prior to quoting the dispute between Beis Shamai and Beis Hillel, the Mishnah has expressed three distinct concepts:

No cooking on Yom Tov for Shabbos

1. It is prohibited to cook on Yom Tov for Shabbos (without making the eruv tavshilin).

Plan-overs

2. It is permitted to cook for Yom Tov, planning to have leftovers for Shabbos.

Eruv tavshilin

3. Making an eruv tavshilin permits cooking on Yom Tov for Shabbos.

Each of these concepts requires clarification:

1. No cooking on Yom Tov for Shabbos

It is prohibited to cook on Yom Tov for Shabbos.

Let me explain a question that is implicit here. If it is prohibited to cook on Yom Tov for Shabbos, why does an eruv tavshilin permit it? Or, in other terms, there are three types of eruv that Chazal instituted, eruv techumim, eruv chatzeiros and eruv tavshilin. All three of these mitzvos have the status of a takanas chachamim, which means that they were instituted by Chazal to permit something that is otherwise prohibited because of a rabbinic injunction. An eruv techumim permits walking on Shabbos and Yom Tov beyond the techum Shabbos, the distance outside the city or other “Shabbos residence;” an eruv chatzeiros permits carrying on Shabbos from one individual’s jurisdiction to that of another. Both of these prohibitions permitted by their respective eruvin are rabbinic injunctions. An eruv, which is a rabbinic introduction, cannot permit something that is prohibited min haTorah, as the Gemara asks, “Can an eruv tavshilin permit a Torah prohibition” (Pesachim 45b)?

If cooking on Yom Tov for Shabbos is permitted min haTorah, and it is prohibited only because of a rabbinic injunction, we can understand how Chazal could create a rabbinic innovation called eruv tavshilin and thereby permit this cooking. To paraphrase this expression of the Gemara, since Chazal created the prohibition, they can also reverse it (ibid.). However, if cooking on Yom Tov for Shabbos is prohibited min haTorah, how do Chazal have the authority to permit that which the Torah forbade?

Two differing approaches

How we answer this conundrum is dependent on a debate between two amora’im, Rabbah and Rav Chisda (Pesachim 46b), which has major ramifications specifically for this coming Yom Tov, when Shavuos falls on Friday.

Rav Chisda contends that, min haTorah, it is always permitted to cook on a Friday Yom Tov for Shabbos. This is called tzorchei Shabbos na’asin beYom Tov, literally, “Shabbos needs may be performed on Yom Tov.” Since Shabbos and Yom Tov both have kedusha, and are both sometimes called “Shabbos” by the Torah, cooking on Yom Tov for Shabbos is permitted min haTorah, just as cooking on Yom Tov is permitted for the same day (Rashi ad loc.). The prohibition not to cook on Yom Tov for Shabbos is a rabbinic injunction; Chazal prohibited this in order to make sure that people do not cook on Yom Tov for a weekday, or on the first day of Yom Tov for the second, both of which might be prohibited min haTorah. Making an eruv tavshilin permits cooking on Yom Tov for Shabbos, since a person thereby realizes that, without an eruv tavshilin, he cannot cook on Yom Tov even for Shabbos — therefore, he understands that he certainly cannot cook on Yom Tov for any other day.

The other position — ho’il

Rabbah contends that it is often prohibited min haTorah to cook on Yom Tov for Shabbos. In other words, he maintains that tzorchei Shabbos einam na’asin beYom Tov – notwithstanding that Yom Tov is sometimes called Shabbos, it is still prohibited min haTorah to cook on Yom Tov for any other day, including Shabbos!

If that is true, how can an eruv tavshilin, which is a rabbinic solution, permit that which is prohibited min haTorah?

The answer is a halachic concept called ho’il, which permits cooking on Yom Tov min haTorah whenever you might have a need for extra cooked food on Yom Tov itself, even when you are not expecting to need the extra food and it is unlikely that such a situation will arise. For example, after finishing the Yom Tov day seudah, min haTorah it is permitted to cook another meal, provided it will be ready to eat before the Yom Tov day is over. This is because unexpected guests may arrive at your door, and you now have a meal ready to serve them. The idea that perhaps something will happen is expressed as the word ho’il; this word is now used as a brief way of referring to a complicated legal concept.

Therefore, whenever it is possible that guests may yet arrive on Yom Tov, it is permitted to cook for them min haTorah. Although miderabbanan it is not permitted to rely on ho’il to cook on Yom Tov for Shabbos, since this is only a rabbinic injunction, eruv tavshilin can permit the cooking.

However, this heter applies only as long as the meal will be ready to be eaten while it is still Yom Tov. There is no heter to begin cooking a meal on Yom Tov that will not be ready until Yom Tov is over g . In other words, according to Rabbah, when ho’il does not apply, it is prohibited min haTorah to cook. Under these circumstances, an eruv tavshilin will not permit someone to cook on Yom Tov for Shabbos.

Thus, there is a halachic difference between Rabbah and Rav Chisda that affects us! According to Rabbah, it is not permitted to put a cholent on the fire on Friday that will not be ready to eat until sometime on Shabbos. Usually, it is perfectly fine to cook food on Friday that will be left on a properly covered fire when Shabbos starts and not ready to eat until the Friday night seudah. However, this Yom Tov it is not permitted to do this, according to Rabbah. Since this food will not be ready to eat on Yom Tov, the law of ho’il does not apply. Since the rule of ho’il does not apply, there is no heter to cook the cholent on Yom Tov for Shabbos, even if one makes an eruv tavshilin! Thus, the menu for Shabbos may have to depend on what one is planning to cook, or, more accurately, on whether it will be cooked in a way that it can be eaten on Yom Tov.

How do we rule?

The Mishnah Berurah, in Biur Halacha (527:1), notes that it is unclear whether we rule according to Rabbah or according to Rav Chisda. He concludes, therefore, that it is preferred to be machmir and have the food cooked for Shabbos in a way that ho’il applies, particularly when we are dealing with a potential question of a Torah law, such as when the first day of Yom Tov falls on Friday, as it does on Shavuos. This means that all food cooked for Shabbos should be edible before Shabbos arrives. The Biur Halacha rules that, under extenuating circumstances, it is permitted to rely on the rishonim who rule according to Rav Chisda’s opinion, but it is preferable lechatchilah to have the food for Shabbos cooked in a way that it will be already edible on Friday.

When the the first day of Yom Tov falls on Thursday, and, therefore, Friday Yom Tov is miderabbanan, there is more latitude to be lenient.

At this point, we can answer the second of our opening questions: “In what way is the halacha of eruv tavshilin different on Shavuos and Shevi’i shel Pesach from other Yomim Tovim?”

In the calendar we currently use, the first day of Shavuos and Shevi’i shel Pesach never fall on Thursday, although they both often fall on Friday. When this happens, Friday is Yom Tov min haTorah, and it is important to plan the menu such that the meals cooked on Friday for Shabbos will be ready to eat when there is still time to eat them on Yom Tov.

Plan-overs

At this point, we will examine the second point that we derived from the Mishnah, which stated, “It is permitted to cook for Yom Tov, and, if there are leftovers, plan them to be for Shabbos.” In other words, even without having made an eruv tavshilin, there is a way to cook more than you need on Yom Tov in order to have plenty of leftovers, or, shall we call them, “plan-overs.” One may cook amply for the Yom Tov meal, knowing that there will certainly be leftovers that can be served on Shabbos. As a matter of fact, if one follows the halacha correctly here, it is even permitted to cook on the first day of Yom Tov planning to have enough leftover to serve on the second day, or even on a weekday. This is provided that each dish is, or could be, served at a Yom Tov meal on the day that it was prepared.

This plan-over preparation is called marbeh beshiurim, literally, “increasing the quantities,”which means that, while preparing food on Yom Tov, it is permitted to include a greater quantity while cooking, provided no additional melacha act is performed. For example, if you need to heat a small amount of water for a cup of tea, you may place a large pot of water on the fire, since only one act of heating water — placing a pot on the fire — is being performed.

However, it is prohibited if an additional melacha action is performed. For example, if the pot is already on the fire, you may not add extra water to it, since this involves a new melacha action.

Adding more

Here are other examples. You are making a cholent or cooking soup — you may add greater quantities of meat, beans or other ingredients than you will need for your Yom Tov meal into the pot before it is placed on the stove, because you place the entire pot onto the fire at one time, or turn up the fire only once, regardless as to how much is thereby being cooked.You may fill a pot with meat on the first day of Yom Tov, even though you need only one piece for the first day.

However, it is prohibited to prepare individual units of a food item, knowing that you are preparing more than can possibly be eaten on Yom Tov. For this reason, you may not fry more schnitzel or similar items than you will possibly need for a Yom Tov meal, since these involve separate melacha actions. Similarly, it is forbidden to bake more than what you will possibly need for the day (Beitzah 17a). Adding water or meat before putting the pot on the fire simply increases the quantity cooked, but does not increase the number of melacha acts, whereas shaping each loaf or roll is done separately, thus increasing the number of acts performed.

Why is this permitted?

Why is it permitted to cook extra on Yom Tov by use of marbeh beshiurim? We would think that cooking extra on Yom Tov is forbidden, just as in a situation of pikuach nefesh, where it is forbidden to cook more than what is necessary for the needs of the ill person. Why, then, is it permitted to cook extra on Yom Tov, as long as no extra melacha actions are performed?

The Ran (Beitzah 9b in Rif pages, s.v. Umiha) explains that there is a qualitative difference between the performance of melacha actions on Shabbos (or Yom Tov) to save someone’s life, and cooking on Yom Tov. Although saving lives is a huge mitzvah and supersedes Shabbos, the act performed is still an act of melacha. On the other hand, prohibited activities on Yom Tov are defined as melachos that are not food preparatory. Preparing food on Yom Tov involves no melacha activity whatsoever, and is as permitted on Yom Tov as it is to set the table on Shabbos. Since no melacha activity is performed, there is nothing wrong with adding more to cook while the Yom Tov meal is prepared, provided that no additional melacha action is done.

Hard-boiled eruv?

At this point, let us examine the third of our opening questions: “Why do many people use a hard-boiled egg for eruv tavshilin?”

It is permitted to continue cooking on Yom Tov for Shabbos only as long as the eruv tavshilin, or at least a kezayis of the cooked part of the eruv tavshilin, still exists. In the days before refrigeration, someone who prepared meat or a different food on Wednesday or Thursday for eating on Shabbos was faced with a practical problem. Once you cook food, it begins to spoil very quickly, if it is not refrigerated. Therefore, notes the Aruch Hashulchan, it was not uncommon that the eruv tavshilin was no longer edible when people were cooking on Wednesday for Shabbos, and an inedible eruv tavshilin no longer permits you to cook on Yom Tov for Shabbos.

Using a hard-boiled egg for the eruv tavshilin resolved this problem, since an egg cooked before Yom Tov and kept without refrigeration will still be edible on Shabbos.

However, in today’s world, when you can place the cooked part of your eruv tavshilin in the refrigerator and it will last until Shabbos, it is preferred to use as eruv tavshilin a cooked delicacy that you intend to serve at the Shabbos meal. For this reason, I for the eruv tavshilin the gefilte fish that will be served on Shabbos.

Conclusion

The Torah refers to the Yomim Tovim as mo’ed. Just as the word ohel mo’ed refers to the tent in the desert which served as a meeting place between Hashemand the Jewish people, so, too, a mo’ed is a meeting time between Hashemand the Jewish people (Hirsch, Vayikra 23:3 and Horeb). Unlike Shabbos,when we refrain from all melacha activity, on Yom Tov the Torah permits melacha activity that enhances the celebration of the Yom Tov as a mo’ed. Permitting us to cook delicious, fresh meals allows an even greater celebration of this unique meeting time with Hashem.

The Whys, Hows, and Whats of Eruv Tavshillin

Question #1:

Avrumie, who studies in a local yeshiva, asks me: “I will be eating my Yom Tov and Shabbos meals as a guest in different homes. Do I need to make my own eruv tavshillin?”

Question #2:

Michal and Muttie are spending Rosh Hashanah near his Yeshiva and are invited out for all the meals. They have found an available apartment for Yom Tov, but do not intend to use the kitchen there at all. Someone told Muttie that, although he should make an eruv tavshillin, he should not recite a bracha when doing so. Is this the correct procedure?

Answer:

With Rosh Hashana falling out on Thursday and Friday, and in chutz la’aretz also Sukkos and Shemini Atzeres/Simchas Torah, many people will be asking these or similar questions. In order to reply accurately to the above inquiries we need to investigate several aspects of this mitzvah that the Sages implemented – particularly, the whys, hows, and whats of eruv tavshillin.

WHY DO WE MAKE AN ERUV TAVSHILLIN?

Although one may cook on Yom Tov, one may prepare food only for consumption on that Yom Tov. There is, however, one exceptional situation — one may cook on a Friday Yom Tov for Shabbos, but only if one makes an eruv tavshillin the day before Yom Tov.

WHAT IS THE RECIPE FOR PRODUCING AN ERUV TAVSHILLIN?

It is fairly easy to make an eruv tavshillin:

INGREDIENTS

On Erev Yom Tov, set aside two prepared foods, one cooked and one baked, that one is not planning to eat on Yom Tov. Many people use a hard-boiled egg for the cooked item, but it is actually preferable to use something more significant (Mishnah Berurah 527:8). I personally use the gefilte fish that we will be eating at the Shabbos seudos.

PROCEDURE

(Someone who includes people outside his family in his eruv, such as the rav of a community, adds an additional step at this point: He has someone who does not usually eat with him, whom we will call the zo’che, lift the food used for the eruv tavshillin four inches or more. By lifting the food, the zo’che acquires ownership in the eruv for those who will forget to make an eruv tavshillin. The zo’che then returns the food to the rav [Shulchan Aruch, Orach Chayim 527:10- 12 and commentaries]. I will soon explain what the zo’che’s involvement accomplishes.)

One holds the eruv tavshillin, recites a bracha, Baruch Atta Hashem Elokeinu Melech haolam asher ki’deshanu bemitzvosav vetzivanu al mitzvas eruv, and declares:

This eruv permits us to bake, cook, wrap food to keep it hot, to kindle lights, and make all other food preparations on Yom Tov for Shabbos (Shulchan Aruch Orach Chayim 527:12).

Those who include other people in their eruv, insert:

For ourselves and for all others who dwell in this city.

INSTRUCTIONS

The foods that have now become the eruv tavshillin should not be consumed until one has completed all the Shabbos preparations.

YIELD

The eruv tavshillin allows the members of this household to prepare food for Shabbos. The rav’s eruv tavshillin will allow others who forgot an eruv tavshillin to prepare food, subject to the details we will soon learn.

WHAT DO I DO WITH THE ERUV?

After one has completed preparing everything for Shabbos, there is no requirement to do anything with the eruv, although it is preferable to use the challah as the second loaf for the first two meals of Shabbos and to eat the entire eruv tavshillin as part of the third meal of Shabbos (seudah shelishis) in order to use the mitzvah item (that is, the eruv tavshillin) for other mitzvos, in this case the three Shabbos meals (see Mishnah Berurah 527:48). (For the same reason, many set aside the lulav and hoshanas after Sukkos to use as fuel for baking matzos or burning the chometz.)

If someone mistakenly ate the eruv tavshillin before Shabbos, one may continue the Shabbos preparations as long as at least an olive-sized piece of the cooked item remains, even if the entire baked item was consumed. However, if less than an olive-sized piece of the cooked item remains, one may no longer continue cooking especially for Shabbos, and should ask a shaylah how to proceed (Shulchan Aruch 527:15).

FORGOT TO MAKE AN ERUV

Someone who fails to make an eruv tavshillin may not cook or bake on Yom Tov for Shabbos, and needs to ask a shaylah how to prepare his Shabbos meals (see Shulchan Aruch 527:20- 22). The Rishonim dispute whether he may kindle lights on Yom Tov for Shabbos when he has no eruv tavshillin (Shulchan Aruch 527:19). This dispute will soon become significant to our discussion.

WHY DOES THE RAV INCLUDE OTHER PEOPLE IN HIS ERUV?

As mentioned above, someone who did not make an eruv tavshillin may not cook on Yom Tov for Shabbos. The Gemara narrates the following story:

Shmuel saw that someone was very sad on Yom Tov and asked him why. The man responded, “Because I neglected to make an eruv tavshillin, and therefore I will be unable to cook for Shabbos.” Shmuel explained that the man could rely on Shmuel’s eruv tavshillin.

The next year Yom Tov once more fell on Friday. Shmuel again noticed that the man was sad, and again the man mentioned that he had forgotten to make an eruv tavshillin. However, this time Shmuel advised him that since he had repeated the negligence, he would not be allowed to rely upon Shmuel’s eruv (Beitzah 16b).

We see that the rav should include everyone in his city in his eruv tavshillin, lest someone forget to make an eruv, although everyone is required to create his/her own (Shulchan Aruch 527:7).

WHY DOES THE RAV HAND HIS ERUV TO SOMEONE ELSE?

A person must own or be a partner in the eruv tavshillin with which he fulfills this mitzvah. An eruv tavshillin automatically includes all regular members of this household, but how does it include other people? Having someone pick up the eruv tavshillin on their behalf makes them partial owners in this eruv tavshillin.

MUST I MAKE AN ERUV?

At this point, we can begin to analyze the two questions I mentioned at the beginning of the article. Let us begin by rephrasing Avrumie’s question: “I will be eating my Yom Tov meals as a guest. Do I make an eruv tavshillin?”

Avrumie, Michal, and Muttie will not be cooking on Yom Tov; does that exempt them from eruv tavshillin, or must they make one anyway? Is eruv tavshillin merely a license to cook for Shabbos on Yom Tov and therefore someone not preparing food has no need for one, or is there a rabbinic requirement to make an eruv tavshillin even when one will not be cooking? Avrumie will not be preparing food for Shabbos, whereas Michal will only be kindling the Shabbos lights. I will discuss soon whether this distinction affects our question. In the interim, I will discuss Avrumie’s situation by presenting two differing ways of understanding the function of eruv tavshillin, which I will describe as (A) matir, license or (B) chovah, obligation.

A. Matir

According to this approach, eruv tavshillin functions solely to permit one to cook on Yom Tov for Shabbos, so that one who is not planning to cook on Yom Tov for Shabbos has no requirement to make an eruv tavshillin. This opinion compares eruv tavshillin to the mitzvah of shechitah. One is not required to shecht an animal; however, someone interested in converting a bird or animal into food must perform shechitah to make it kosher. Thus, shechitah is a matir; it permits one to eat the meat, but one is not required to shecht an animal if one does not want to eat it. Similarly, eruv tavshillin permits one to cook for Shabbos, but one who does not intend to cook does not need to make an eruv.

Those following this approach will note that the other types of eruv (eruvei chatzeiros and eruvei techumim) are both types of matir that permit either carrying or traveling that is otherwise prohibited, and conclude that eruv tavshillin is similar to the other types of eruvin.

According to this approach, Avrumie has no need for an eruv tavshillin since he has no intention to cook for Shabbos. We will discuss shortly whether Michal’s kindling requires her to make an eruv tavshillin.

B. Chovah

On the other hand, one could argue that eruv tavshillin is different from the other two types of eruv, and is an obligatory act. This approach understands that Chazal created a rabbinic mitzvah requiring each individual or family to make an eruv tavshillin even if there is no intention to cook or bake on Yom Tov for Shabbos.

Why should eruv tavshillin be different from the other types of eruv? To answer this question we need to explain the reason for the rabbinic mitzvah called eruv tavshillin.

WHAT IS THE REASON FOR ERUV TAVSHILLIN?

The Gemara records a dispute discussing why Chazal introduced eruv tavshillin: Was it for the sake of honoring Shabbos, or for the sake of honoring Yom Tov (Beitzah 15b)?

A. For Shabbos

According to the first opinion, that of Rava, Chazal instituted eruv tavshillin to guarantee that one not become so involved in the Yom Tov feasting that one forgets to prepare proper meals for Shabbos. The eruv tavshillin therefore serves as a “red flag”: “Don’t forget to also produce delicious repasts for Shabbos!”

B. For Yom Tov

The other approach, that of Rav Ashi, contends that eruv tavshillin reinforces the sanctity of Yom Tov by emphasizing that without the eruv tavshillin one may not cook on Yom Tov, even for Shabbos. A person thereby realizes: if cooking on Yom Tov for Shabbos is forbidden without an eruv tavshillin, certainly one may not prepare food on Yom Tov for a subsequent weekday!

How does this dispute affect Avrumie, Michal and Muttie?

The basis for treating eruv tavshillin as a chovah, an obligation, and not merely a matir, is Rava’s opinion that eruv tavshillin’s purpose is to guarantee that one celebrates Shabbos properly. In other words, eruv tavshillin is to remind us to cook for Shabbos. Clearly, this is not a matir, but a chovah. In Rava’s opinion, eruv tavshillin is similar to the rabbinic requirement of kindling lights before Shabbos to ensure that one does not sit in the dark. Even someone who enjoys sitting in the dark is required to kindle lights before Shabbos since this is not a matir but a chovah. Thus, according to Rava, Avrumie must make an eruv tavshillin (or be included in someone else’s), even though he has no intention to cook, because eruv tavshillin is a requirement that Chazal placed on every individual to remind him to prepare appropriate meals for Shabbos.

DO WE FOLLOW RAVA’S APPROACH?

However, the halacha does not follow Rava’s opinion but follows Rav Ashi’s position, that the purpose of eruv tavshillin is for Yom Tov’s honor. As noted above, Rav Ashi contended that the reason for eruv tavshillin is to guarantee that people realize that Yom Tov is so holy that one may not cook on it for weekday needs. According to this approach, one could argue that eruv tavshillin is simply a matir and that one who does not intend to cook for Shabbos need not make an eruv tavshillin, since if one is not cooking for Shabbos, it is unlikely that he will cook for the weekdays following Shabbos.

On the other hand, the usual assumption is that when the Gemara quotes two disputing opinions, the disagreement concerns only the one point mentioned and no other issues. Thus, once we have demonstrated that Rava contends that eruv tavshillin is mandatory, we should conclude either one of the following two points:

1. That the issue of whether eruv tavshillin is a matir or a chovah is itself the focal point of the dispute between Rav Ashi and Rava.

2. That Rav Ashi and Rava agree that eruv tavshillin is mandatory and not merely a matir.

The difficulty with the first approach is that we see no evidence that Rav Ashi considers eruv tavshillin to be only a matir. On the contrary, the Gemara maintains that the dispute between Rav Ashi and Rava is whether eruv tavshillin is for the honor of Yom Tov or of Shabbos. Since Rava must maintain that eruv tavshillin is a chovah, and the dispute between them concerns only whether eruv tavshillin is for the honor of Yom Tov or of Shabbos, we should infer that Rav Ashi agrees that eruv tavshillin is a chovah. This analysis would conclude that Avrumie, Michal and Muttie are all required to make an eruv tavshillin. However, notwithstanding this analysis, I have found no early source who states that eruv tavshillin is obligatory for someone who has no need to cook for Shabbos.

LITERATURE

Having discussed whether eruv tavshillin is a matir or a chovah we can now research whether the halachic literature produces any evidence supporting either side of this question. Analysis of the position of one recognized halachic authority demonstrates that he felt that eruv tavshillin is a matir, not a chovah.

The Maamar Mordechai, a respect commentary on the Shulchan Aruch, discusses the exact issue that I posed as Michal’s shaylah:

Someone will not be cooking or baking on Yom Tov for Shabbos, but will need to kindle lights immediately before the entry of Shabbos. Does this person recite a bracha prior to making his/her eruv tavshillin?

The background to his question is the dispute of the Rishonim whether a person may kindle lights for Shabbos even if he did not make an eruv tavshillin. In other words, some Rishonim hold that an eruv tavshillin is necessary not only to permit cooking on Yom Tov, but also to permit any preparations for Shabbos.

The Maamar Mordechai (527:18) rules that since many authorities contend that kindling lights for Shabbos does not require an eruv tavshillin, someone not intending to cook for Shabbos should make an eruv tavshillin without reciting a bracha.

Implicit in the Maamar Mordechai’s conclusion is that the purpose of eruv tavshillin is exclusively to permit cooking and baking on Yom Tov, and there is no independent requirement to make an eruv tavshillin. If the Maamar Mordechai feels that eruv tavshillin is a chovah and not merely a matir, the dispute whether or not one can kindle lights without an eruv tavshillin is irrelevant to reciting a bracha. Whether one needs the eruv tavshillin or not, one would recite a bracha for performing the mitzvah that Chazal instituted! Thus, the Maamar Mordechai clearly holds that eruv tavshillin is only a matir, and that one recites the bracha only if the matir is required.

However, the Maamar Mordechai’s ruling is not obvious, even assuming that eruv tavshillin is only a matir and not a chovah. It is possible that one should recite a bracha on making the eruv tavshillin even if he has no intention to cook on Yom Tov, since the eruv permits him to cook should he choose to. Thus, the eruv tavshillin fulfilled its role as a matir in permitting him to cook, and for that alone he should be able to recite a bracha even if he has no intention to cook. Yet the Maamar Mordechai values the eruv tavshillin only if one intends to use it, whereas, if one does not intend to use it, it is considered purposeless and warrants no bracha. Thus, according to the Maamar Mordechai, Michal and Muttie should make an eruv tavshillin without a bracha.

I was asked this exact shaylah one year when the first day of Pesach occurred on Thursday. Those of us who live in Eretz Yisrael had no mitzvah of eruv tavshillin since, for us, Friday was not Yom Tov. However, we had several guests for Yom Tov who live in chutz la’aretz and observe two days of Yom Tov even while visiting Eretz Yisroel. For them, it was prohibited to cook on Yom Tov without an eruv tavshillin. I suggested that they make an eruv tavshillin with a bracha, but out of deference to the opinion of the Maamar Mordechai, instructed that those reciting a bracha should participate in the cooking for Shabbos that would transpire on Yom Tov at least in a small way. Of course, I suggest that those of you faced with the same shaylah as Avrumie, Michal or Muttie ask your own rav for direction. I would be curious to know whether he agrees with me and, if not, for what reason.

THE HASHKAFAH OF PREPARING FOOD ON YOM TOV

The Torah refers to the Yomim Tovim as Moed. Just as the word ohel moed refers to the tent in the desert which served as a meeting place between Hashem and the Jewish people, so too, a Moed is a meeting time between Hashem and the Jewish people (Hirsch, Vayikra 23:3 and Horeb). Unlike Shabbos when we refrain from all melacha activity, on Yom Tov the Torah permitted melacha activity that enhances the celebration of the Yom Tov as a Moed. Permitting the preparations of delicious, freshly prepared meals allows an even greater celebration of this unique meeting time with Hashem.

The Whys, Hows, and Whats of Eruv Tavshillin

clip_image002Although it is still a week and a half before our "three-day" Yom Tov, I thought it was a good time to understand some common and interesting Eruv Tavshilin shaylos.

Question #1:

Avrumie, who studies in a local yeshiva, asks me: “I will be eating my Yom Tov meals as a guest in different homes. Do I need to make my own eruv tavshillin?”

Question #2:

Michal and Muttie are spending Rosh Hashanah near his Yeshiva and are invited out for all the meals. They have found an available apartment for Yom Tov, but do not intend to use the kitchen there at all. Someone told Muttie that, although he should make an eruv tavshillin, he should not recite a bracha when doing so. Is this the correct procedure?

Answer:

In order to reply accurately to the above inquiries we need to investigate several aspects of this mitzvah that the Sages implemented – particularly, the whys, hows, and whats of eruv tavshillin.

WHY DO WE MAKE AN ERUV TAVSHILLIN?

Although one may cook on Yom Tov, one may only prepare food for consumption on that Yom Tov. There is, however, one exceptional situation — one may cook on a Friday Yom Tov for Shabbos, but only if one makes an eruv tavshillin the day before Yom Tov.

WHAT IS THE RECIPE FOR PRODUCING AN ERUV TAVSHILLIN?

It is fairly easy to make an eruv tavshillin:

1. INGREDIENTS

On Erev Yom Tov, set aside two prepared foods, one cooked and one baked, that one is not planning to eat on Yom Tov. Many people use a hard-boiled egg for the cooked item, but it is actually preferable to use something more significant (Mishnah Berurah 527:8).

(2. Someone who includes people outside his family in his eruv, such as the rav of a community, adds an additional step at this point: He has someone who does not usually eat with him, whom we will call the zo’che, lift the food used for the eruv tavshillin four inches or more. By lifting the food, the zo’che acquires ownership in the eruv for those who will forget to make an eruv tavshillin. The zo’che then returns the food to the rav [Shulchan Aruch, Orach Chayim 527:10- 12 and commentaries]. I will soon explain what the zo’che’s involvement accomplishes.)

3. PROCEDURE

One then holds the eruv tavshillin, recites a bracha, Baruch Atta Hashem Elokeinu Melech haolam asher ki’deshanu bemitzvosav vetzivanu al mitzvas eruv, and declares:

This eruv permits us to bake, cook, wrap food to keep it hot, to kindle lights, and make all other food preparations on Yom Tov for Shabbos (Shulchan Aruch Orach Chayim 527:12).

(4. Those who include other people in their eruv, add the following clause to this declaration:

For ourselves and for all others who dwell in this city.)

5. INSTRUCTIONS

The foods that have now become the eruv tavshillin should not be consumed until one has completed all the Shabbos preparations.

6. YIELD

The eruv tavshillin allows the members of this household to prepare food for Shabbos. The rav’s eruv tavshillin will allow others who forgot to prepare food, subject to the details we will soon learn.

WHAT DO I DO WITH THE ERUV?

After one has completed preparing everything for Shabbos, there is no requirement to do anything with the eruv, although it is preferable to use the challah as the second loaf for the first two meals of Shabbos and to eat the entire eruv tavshillin as part of the third meal of Shabbos (seudah shelishis) in order to use the mitzvah item (that is, the eruv tavshillin) for other mitzvos, in this case the three Shabbos meals (see Mishnah Berurah 527:48). (For the same reason, many set aside the lulav and hoshanas after Sukkos to use as fuel for baking matzos or burning the chometz.)

If someone mistakenly ate the eruv tavshillin before Shabbos, one may continue the Shabbos preparations as long as at least an olive-sized piece of the cooked item remains, even if the entire baked item was consumed. However, if less than an olive-sized piece of the cooked item remains, one may no longer continue cooking especially for Shabbos, and should ask a shaylah how to proceed (Shulchan Aruch 527:15).

FORGOT TO MAKE AN ERUV

Someone who fails to make an eruv tavshillin may not cook or bake on Yom Tov for Shabbos, and needs to ask a shaylah how to prepare his Shabbos meals (see Shulchan Aruch 527:20- 22). The Rishonim dispute whether he may kindle lights on Yom Tov for Shabbos when he has no eruv tavshillin (Shulchan Aruch 527:19). This dispute will soon become significant to our discussion.

WHY DOES THE RAV INCLUDE OTHER PEOPLE IN HIS ERUV?

As mentioned above, someone who did not make an eruv tavshillin may not cook on Yom Tov for Shabbos. The Gemara narrates the following story:

Shmuel saw that someone was very sad on Yom Tov and asked him why. The man responded, “Because I neglected to make an eruv tavshillin, and therefore I will be unable to cook for Shabbos.” Shmuel explained that the man could rely on Shmuel’s eruv tavshillin.

The next year Yom Tov once more fell on Friday. Shmuel again noticed that the man was sad, and again the man mentioned that he had forgotten to make an eruv tavshillin. However, this time Shmuel advised him that since he had repeated the negligence, he may not rely upon Shmuel’s eruv (Beitzah 16b).

We see that the rav should include everyone in his city in his eruv tavshillin, lest someone forget to make an eruv, although everyone is required to create his/her own (Shulchan Aruch 527:7).

WHY DOES THE RAV HAND HIS ERUV TO SOMEONE ELSE?

A person must own or be a partner in the eruv tavshillin with which he fulfills this mitzvah. An eruv tavshillin automatically includes all regular members of this household, but how does it include other people? Having someone pick up the eruv tavshillin on their behalf makes them partial owners in this eruv tavshillin.

MUST I MAKE AN ERUV?

At this point, we can begin to analyze the two questions I mentioned at the beginning of the article. Let us begin by rephrasing Avrumie’s question: “I will be eating my Yom Tov meals as a guest. Do I make an eruv tavshillin?”

Avrumie, Michal, and Muttie will not be cooking on Yom Tov; does that exempt them from eruv tavshillin, or must they make one anyway? Is eruv tavshillin merely a license to cook for Shabbos on Yom Tov and therefore someone not preparing food has no need for one, or is there a rabbinic requirement to make an eruv tavshillin even when one will not be cooking? Avrumie will not be preparing food for Shabbos, whereas Michal will only be kindling the Shabbos lights. I will discuss soon whether this distinction affects our question. In the interim, I will discuss Avrumie’s situation by presenting two differing ways of understanding the function of eruv tavshillin, that I will describe as (A) matir, license or (B) chovah, obligation.

A. Matir

According to this approach, eruv tavshillin functions solely to permit one to cook on Yom Tov for Shabbos, so that one who is not planning to cook on Yom Tov for Shabbos has no requirement to make an eruv tavshillin. This opinion compares eruv tavshillin to the mitzvah of shechitah. One is not required to shecht an animal; however, someone interested in converting a bird or animal into food must perform shechitah to make it kosher. Thus, shechitah is a matir; it permits one to eat the meat, but one is not required to shecht an animal if one does not want to eat it. Similarly, eruv tavshillin permits one to cook for Shabbos, but one who does not intend to cook does not need to make an eruv.

Those following this approach will note that the other types of eruv (eruvei chatzeiros and eruvei techumim) are both types of matir that permit either carrying or traveling that is otherwise prohibited, and may question why eruv tavshillin should be any different.

According to this approach, Avrumie has no need for an eruv tavshillin since he has no intention to cook for Shabbos. We will discuss shortly whether Michal’s kindling requires her to make an eruv tavshillin.

B. Chovah

On the other hand, one could argue that eruv tavshillin is different from the other two types of eruv, and is an obligatory act. This approach understands that Chazal created a rabbinic mitzvah requiring each individual or family to make an eruv tavshillin even if there is no intention to cook or bake on Yom Tov for Shabbos.

Why should eruv tavshillin be different from the other types of eruv? To answer this question we need to explain the reason for the rabbinic mitzvah called eruv tavshillin.

WHAT IS THE REASON FOR ERUV TAVSHILLIN?

Why did Chazal establish this mitzvah? The Gemara records a dispute why Chazal introduced eruv tavshillin: Was it for the sake of honoring Shabbos, or for the sake of honoring Yom Tov (Beitzah 15b)?

A. For Shabbos

According to the first opinion, that of Rava, Chazal instituted eruv tavshillin to guarantee that one not become so involved in the Yom Tov feasting that one forgets to prepare proper meals for Shabbos. The eruv tavshillin therefore serves as a red “flag”: “Don’t forget to also produce delicious repasts for Shabbos!”

B. For Yom Tov

The other approach, that of Rav Ashi, contends that eruv tavshillin reinforces the sanctity of Yom Tov by emphasizing that without the eruv tavshillin one may not cook on Yom Tov, even for Shabbos. A person thereby realizes: if cooking for Shabbos (on Yom Tov) is forbidden without an eruv tavshillin, certainly one may not prepare food on Yom Tov for a subsequent weekday!

How does this dispute affect Avrumie, Michal and Muttie?

The basis for treating eruv tavshillin as a chovah, an obligation, and not merely a matir, is Rava’s opinion that eruv tavshillin’s purpose is to guarantee that one celebrates Shabbos properly. In other words, eruv tavshillin is to remind us to cook for Shabbos. Clearly, this is not a matir, but a chovah. In Rava’s opinion, eruv tavshillin is similar to the rabbinic requirement of kindling lights before Shabbos to ensure that one does not sit in the dark. Even someone who enjoys sitting in the dark is required to kindle lights before Shabbos since this is not a matir but a chovah. Thus, according to Rava, Avrumie must make an eruv tavshillin (or be included in someone else’s), even though he has no intention to cook, because eruv tavshillin is a requirement that Chazal placed on every individual to remind him to prepare appropriate meals for Shabbos.

DO WE FOLLOW RAVA’S APPROACH?

However, the halacha does not follow Rava’s opinion, but Rav Ashi’s position that the purpose of eruv tavshillin is for Yom Tov’s honor. As noted above, Rav Ashi contended that the reason for eruv tavshillin is to guarantee that people realize that Yom Tov is so holy that one may not cook on it for afterwards. According to this approach, one could argue that eruv tavshillin is simply a matir but that one who does not intend to cook for Shabbos need not make an eruv tavshillin, since if one is not cooking for Shabbos, it is unlikely that he will cook for the weekdays after Shabbos.

On the other hand, the usual halachic assumption is that when the Gemara quotes two disputing opinions, the disagreement only concerns the one point mentioned and no other issues. Thus, once we have demonstrated that Rava contends that eruv tavshillin is mandatory, we should conclude either one of the following two points:

1. That the issue of whether eruv tavshillin is a matir or a chovah is itself the focal point of the dispute between Rav Ashi and Rava.

2. That Rav Ashi and Rava agree that eruv tavshillin is mandatory and not merely a matir.

The difficulty with the first approach is that we see no evidence that Rav Ashi considers eruv tavshillin to be only a matir. On the contrary, the Gemara maintains that the dispute between Rav Ashi and Rava is whether eruv tavshillin is for the honor of Yom Tov or of Shabbos. Since Rava must maintain that eruv tavshillin is a chovah, and the dispute between them concerns only whether eruv tavshillin is for the honor of Yom Tov or of Shabbos, we should infer that Rav Ashi agrees that eruv tavshillin is a chovah. This analysis would conclude that Avrumie, Michal and Muttie are all required to make an eruv tavshillin. However, notwithstanding this analysis, I have found no early source who states that eruv tavshillin is obligatory for someone who has no need to cook for Shabbos.

LITERATURE

Having discussed whether eruv tavshillin is a matir or a chovah we can now research whether the halachic literature produces any evidence supporting either side of this question. Analysis of the position of one recognized halachic authority demonstrates that he felt that eruv tavshillin is a matir, not a chovah.

A respected commentary on the Shulchan Aruch, the Maamar Mordechai (527:18), discusses the exact issue that I posed as Michal’s shaylah:

Someone will not be cooking or baking on Yom Tov for Shabbos, but will need to kindle lights immediately before the entry of Shabbos. Does this person recite a bracha prior to making his/her eruv tavshillin?

The background to his question is the dispute of the Rishonim whether a person may kindle lights for Shabbos even if he did not make an eruv tavshillin. In other words, some Rishonim hold that an eruv tavshillin is not only necessary to permit cooking on Yom Tov, but it is also necessary to permit any preparations for Shabbos.

The Maamar Mordechai rules that since many authorities contend that kindling lights for Shabbos does not require an eruv tavshillin, someone not intending to cook for Shabbos should make an eruv tavshillin without reciting a bracha.

Implicit in the Maamar Mordechai’s conclusion is that the purpose of eruv tavshillin is exclusively to permit cooking and baking on Yom Tov, and there is no independent requirement to make an eruv tavshillin. If the Maamar Mordechai felt that eruv tavshillin is a chovah and not merely a matir, the dispute whether one can kindle lights without an eruv tavshillin is irrelevant to whether one recites a bracha or not. Whether one needs the eruv tavshillin or not, one would recite a bracha for performing the mitzvah that Chazal instituted! Thus, the Maamar Mordechai clearly holds that eruv tavshillin is only a matir, and that one recites the bracha only if the matir is required.

However, the Maamar Mordechai’s ruling is not obvious, even assuming that eruv tavshillin is only a matir and not a chovah. It is possible that one should recite a bracha on making the eruv tavshillin even if he has no intention to cook on Yom Tov, since the eruv permits him to cook should he choose to. Thus, the eruv tavshillin fulfilled its role as a matir in permitting him to cook, and for that alone he should be able to recite a bracha even if he has no intention to cook. Yet the Maamar Mordechai values the eruv tavshillin only if one intends to use it, whereas if one does not intend to use it, it is considered purposeless and warrants no bracha. Thus, according to the Maamar Mordechai, Michal and Muttie should make an eruv tavshillin without a bracha.

I was asked this exact shaylah once when the first day of Pesach occurred on Thursday. Those of us who live in Eretz Yisrael had no mitzvah of eruv tavshillin since, for us, Friday was not Yom Tov. However, we (my family) had several guests for Yom Tov who live in chutz la’aretz and observe two days of Yom Tov even while visiting Eretz Yisroel. For them, it was prohibited to cook on Yom Tov without an eruv tavshillin. I suggested that they make an eruv tavshillin with a bracha, but out of deference to the opinion of the Maamar Mordechai, instructed that those reciting a bracha should participate in the cooking for Shabbos that will transpire on Yom Tov at least in a small way. Of course, I suggest that those of you faced with the same shaylah as Avrumie, Michal or Muttie ask your own rav for direction. I would be curious to know whether he agreed with me and, if not, for what reason?

THE HASHKAFAH OF PREPARING FOOD ON YOM TOV

The Torah refers to the Yomim Tovim as Moed. Just as the word ohel moed refers to the tent in the desert which served as a meeting place between Hashem and the Jewish people, so too, a moed is a meeting time between Hashem and the Jewish people (Hirsch, Vayikra 23:3 and Horeb). Unlike Shabbos, when we refrain from all melacha activity, on Yom Tov the Torah permitted melacha activity that enhances the celebration of the Yom Tov as a Moed. Permitting the preparations of delicious, freshly prepared meals allows an even greater celebration of this unique meeting time with Hashem.

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