Cooking on Yom Tov for the Next Day (2)Eruv Tavshilin
the laws of THE FESTIVALS
THE LAWS OF YOM TOV
by Rav David Brofsky
In loving memory
of Channa Schreiber (Channa Rivka bat Yosef ve-Yocheved) z"l,
with wishes for consolation and comfort to her dear children
Yossi and Mona, Yitzchak and Carmit, and their families,
along with all who mourn for Tzion and Yerushalayim.
Shiur #26: Cooking on Yom Tov for the Next Day (2)
Last week, we discussed the prohibition of cooking on Yom Tov for the next day. We learned that Rabba and R. Chisda (Pesachim 46b) debate whether one who cooks on Yom Tov for the following day receives lashes (R. Chisda) or not (Rabba). Rabba maintains that since (hoil) visitors may unexpectedly appear on Yom Tov and eat the food one prepared for the next day, all cooking performed on Yom Tov may, mi-deoraita, be viewed as cooking for Yom Tov. Even Rabba, however, agrees that mi-derabbanan, one may not cook on Yom Tov for the following day.
The gemara explains that although R. Chisda rejects the principle of hoil and prohibits cooking on Yom Tov for the next day, he agrees that mi-deoraita, one may cook on Yom Tov for Shabbat, as the Shabbat needs may be prepared on a Festival. Even this, however, is prohibited mi-derabbanan.
We noted that the gemara presents two exceptions to this prohibition. First, the Talmud (Beitza 17a) teaches that a woman may fill the whole pot with meat, although she only needs one portion. The gemara permits adding food to ones pot, even if the extra food isnt needed on Yom Tov. Second, the gemara also teaches that one who prepares an eiruv tavshilin before Yom Tov may cook on Yom Tov for Shabbat. This week, we will discuss the purpose and laws of the eiruv tavshilin, and how and when it permits one to cook on Yom Tov for Shabbat.
Cooking for Shabbat- Eiruv Tavshilin
The mishna (Beitza 15b) teaches that [If] a festival fell on the eve of Shabbat he may prepare a dish on the eve of the festival and rely upon it [to prepare food] for the Shabbat. One who prepares and designates a dish before Shabbat may then continue to prepare for Shabbat on the Festival. This method is called eiruv tavshilin.
The gemara records a dispute regarding the reason for this enactment:
Whence do we know this? Shmuel said: Because Scripture says, Remember the Sabbath day to keep it holy - remember it in view of another Festival which comes to make it forgotten. What is the reason [for the institution of the eiruv]? Said Rava: In order that he may choose a fine portion for the Shabbat and a fine portion for the Festival. R. Ashi said: So that people might say: You may not bake on a Festival for the Shabbat how much the more [is it forbidden] on a Festival for a weekday!
Rava and R. Ashi disagree as to whether the eiruv tavshilin, which permits the rabbinic prohibition of cooking on Yom Tov for Shabbat, protects the honor of the festival (R. Ashi), by reminding one that one may not cook on Yom Tov for the next day, or the honor of Shabbat, by ensuring that a person adequately prepares for Shabbat (Rava).
R. Zerachiya Ha-Levi (1125-1186), the Baal Ha-Maor (Pesachim 14b), suggests that this debate may be related to the previously mentioned dispute regarding the permissibility of cooking on Yom Tov for the following day. Rava (the Baal Ha-Maor insists that this is, in fact, Rabba) accepts the principle of hoil, and therefore, mi-deoraita, one may cook from Yom Tov to the following day. The rabbis, however, prohibited cooking on Yom Tov for the next day, but feared that one may thus not properly prepare for Shabbat. They therefore permitted cooking for Shabbat through the mechanism of eiruv tavshilin. R. Chisda, on the other hand, who ruled that cooking on Yom Tov for the following weekday is forbidden mi-deoraita, maintained that the Rabbis feared that one who cooks for Shabbat, as the Shabbat needs may be prepared on a Festival, may mistakenly believe that one may also cook for a weekday. They therefore required an eiruv tavshilin to correct this false impression.
R. Betzalel Zolti (1920-1982),
former chief rabbi of
Why is this called an eiruv? [Because it creates a distinction.] The eiruv that is established in courtyards and lanes on the day before Shabbat is intended to create a distinction so that people will not think that it is permitted to transfer articles from one domain to another on Shabbat. Similarly, this portion of food creates a distinction and a reminder, so that people do not think that it is permitted to bake food on a holiday that will not be eaten on that day. Therefore, the portion of food is referred to as an eiruv tavshilin. (Hilkhot Yom Tov 6:2)
The Rambam maintains that the term eiruv is borrowed from the halakha of eiruv chatzerot: just as an eiruv chatzerot creates a distinction that reminds people that they may not carry from one domain to another on Shabbat, the eiruv tavshilin is also a distinction or reminder.
The Raavad disagrees, insisting that the term eiruv is not borrowed, but rather describes how one mixes (eiruv) the needs of Shabbat with the needs of Yom Tov together. Or as the Ritva explains, They called it an eiruv because it is as if he combines Yom Tov and Shabbat, combining them and making them into one sanctity, as if when he prepares for Shabbat it is as if he prepares for Yom Tov (Beitza 15b, s.v. ve-oseh).
R. Zolti explains that the Rambam follows the opinion of R. Chisda, who believes that although one may cook mi-deoraita on Yom Tov for Shabbat, one may not cook for a weekday. The eiruv tavshilin therefore serves as a reminder that one may generally not cook on Yom Tov for the next day. The Raavad, however, follows the reasoning of Rabba, who views one who cooks on Yom Tov for the next day as actually cooking for the purposes of Yom Tov because of the principle of hoil. By beginning ones preparations for Shabbat early by preparing an eiruv tavshilin, one mixes or combines Yom Tov and Shabbat preparations. One who cooks for Shabbat is therefore viewed as if he is cooking for Yom Tov.
The Rishonim suggest practical differences between the two reasons for an eiruv tavshilin. The Rosh (2:1), for example, writes that according to Rava, who believes that the eiruv tavshilin is intended to ensure that one properly prepares for Shabbat, the eiruv must be prepared immediately before the festival that precedes Shabbat. According to R. Ashi, however, who maintains that the eiruv protects the integrity of Yom Tov, one may prepare the eiruv tavshilin even long before Yom Tov. In fact, he writes that one may make an eiruv tavshilin on the Wednesday before the first Yom Tov of Sukkot, which will suffice for the second Yom Tov (Shemini Atzeret)/Shabbat as well, as long as he says so explicitly. The Hagahot Maimoniyot (Hilkhot Yom Tov 6:2) cites the Raavya, who apparently agrees with the Roshs explication of R. Ashi, but adds that one may not make one eiruv tavshilin for the entire year. The Beit Yosef (527), however, insists that the Rosh, as well as the Tur (527), would maintain that as long as the eiruv still exists, one may rely upon it for the entire year! The Kol Bo (59) cites Rabbeinu Netanel, who disagrees and maintains that one may only prepare the eiruv tavshilin on erev Yom Tov, as implied by the mishna and gemara.
The Shulchan Arukh (527:14) rules that one should preferably not rely upon the Rosh, but should rather prepare a new eiruv for each Yom Tov that precedes Shabbat.
The Mordekhai (671) raises another possible difference between the opinions of Rava and R. Ashi. He relates that R. Shmuel of Bunberg once ruled that one who forgot to prepare the eiruv tavshilin before Yom Tov may make an eiruv on Friday, Yom Tov Sheini, before Shabbat. He reasons that one may rely upon Rava, the more lenient opinion, who maintained that the eiruv ensures that one properly prepares for Shabbat. This would not be permitted according to R. Ashi.
R. Yosef Karo rejects this possibility in his Beit Yosef and does not cite it in the Shulchan Arukh. Incidentally, R. Yechezkel Landau (1713-1793) suggests in his commentary to the Talmud, the Tzelach (Beitza 15b), that even R. Ashi accepts Ravas reason. Thus, even if the halakha is in accordance with R. Ashi, on Yom Tov Sheini, when R. Ashis reason of ensuring proper respect for Yom Tov is no longer relevant, one may rely upon Rava and make an eiruv tavshilin in order to properly prepare for Shabbat.
What is the Eiruv tavshilin?
The mishna (Beitza 15b) cites a dispute between Beit Shammai and Beit Hillel regarding whether the eiruv tavshilin must consist of one or two food dishes.
[If] a festival fell on the eve of Shabbat, one may not at the outset cook on the festival for Shabbat, but he may cook for the festival, and if any is left over it remains for Shabbat; and he may prepare a dish on the eve of the festival and rely upon it [to prepare food] for Shabbat. Beit Shammai say: two dishes [are required for this purpose], while Beit Hillel say: one dish.
This mishna clearly implies that according to Beit Hillel, one must only prepare one dish for the eiruv. However, the gemara elaborates:
Now a Tanna deduces it from the following: Bake that which you will bake, and cook that which you will cook (Shemot 16:23) - from this R. Eliezer concluded [that] you may bake only [in dependence] upon what is [already] baked and you may cook only [in dependence] upon what is [already] cooked.
This passage implies that one who wishes to cook and bake must prepare two dishes, one cooked and one baked.
The Rishonim differ as
to how to interpret this gemara. Rabbeinu Tam (Sefer Ha-Yashar,
Chiddushim 392; see also Tosafot,
Beitza 17b, s.v. amar and Siddur Rashi 619) rules that one who
wishes to bake must also prepare a baked item for the
eiruv. Most Rishonim
Here too, R. Zolti suggests that this debate may relate to a more fundamental debate. If the eiruv tavshilin merely comes to serve as a reminder, then one dish would certainly suffice. However, if the eiruv constitutes the beginning of ones preparations for Shabbat, then assuming that cooking and baking are viewed as separate forms of preparation, we might suggest that one must begin each form of preparation (cooking and baking) before Yom Tov in order to continue those activities on Yom Tov.
The Shulchan Arukh (527:2) rules that one should preferably prepare both a cooked and baked food, although if one only prepared a cooked food, that is sufficient.
The gemara also relates to the size of the eiruv tavshilin. The gemara (16b) teaches:
R. Abba said: An eiruv tavshilin must be the size of a kezyit (olive). They asked: [Does that mean] one kezyit for all [the participants together] or a kezayit for each one separately? Come and hear: For R. Abba said in the name of Rav: An eiruv tavshilin must be the size of a kezayit, whether for one or for one hundred.
Although the Shulchan Arukh cites this passage (527:3), the Rema relates that some, based upon the Talmud Yerushalmi, require that one prepare a ke-beitza of bread. He records that this is the custom.
Finally, the eiruv must remain intact in order for one to enable one to cook or bake for Shabbat. The mishna (Beitza 15b) teaches that, [If] he ate it or it was lost, he may not rely upon it, but if he left over any [small] portion of it, he may rely on it [to cook] for the Sabbath.
It is customary to prepare a challah and a cooked dish as ones eiruv tavshilin. The Arukh Ha-Shulchan (527:13) notes that when Yom Tov falls out on Thursday and Friday and the eiruv tavshilin must be prepared on Wednesday, the cooked dish may spoil before Shabbat, thereby disqualifying the eiruv tavshilin. Therefore, he writes, one should use a hardboiled egg, which will not spoil before Shabbat. Although nowadays food can be stored in a refrigerator, many are still accustomed to set aside a cooked egg as ones eiruv tavshilin.
One should not eat the eiruv tavshilin until all of the preparations for Shabbat have been completed, preferably, as we shall see, including the hadlakat neirot. Therefore, one should not eat the eiruv until Friday night. R. Shlomo Luria (Maharshal, Beitza 2:18) relates that the Maharam of Rutenberg would eat the eiruv tavshilin at the third meal of Shabbat.
What Does an Eiruv Tavshilin Permit?
Which ordinarily prohibited preparations does the
eiruv tavshilin permit? Tosafot (Beitza 22a, s.v. u-madlikin)
writes that when one recites the eiruv
tavshilin formula (with this eiruv,
let it be permitted for us to bake, cook
), one must add u-le-adlukei
(and to light candles). In addition, he explains that one who does not prepare
an eiruv tavshilin may not light more
than one candle. The Rosh (2:16) and Ran (
The Shulchan Arukh (527:19) cites two opinions regarding whether one who did not prepare an eiruv may light a candle for Shabbat. It is customary to mention lighting in the formula of the eiruv tavshilin.
The authorities debate whether an
eiruv tavshilin permits melakhot performed for Shabbat needs
unrelated to food. For example, may one carry a machzor to synagogue on
Friday that one intends to use on Shabbat? Furthermore, may one engage in
preparations for Shabbat that do not involve a melakha? For example, may
one wash dishes on Friday to be used on Shabbat? May one roll the sefer Torah
to the proper place for the Shabbat reading? May one make beds and set the table
for Shabbat? It is customary to permit these preparations for Shabbat. (The
Magen Avraham [528:2 and 667:2], citing the Ran [
The Shulchan Arukh (527:13) rules that the eiruv tavshilin only permits one to prepare for Shabbat on Friday, but not on Thursday, of Yom Tov.
One Who Forgets To Prepare an Eiruv Tavshilin
The Talmud (Beitza 17a) rules regarding one who did not prepare an eiruv tavshilin:
He who has not set an eiruv tavshilin may neither bake nor cook neither for himself nor for others; nor may others bake or cook for him.
The gemara offers, however, a number of suggestions for one who forgot to make an eiruv tavshilin. We will briefly discuss a number of them.
One Who Remembers Before Sunset
One who forgot to prepare an eiruv tavshilin and has already left for synagogue should preferably return home to make the eiruv. If this is impossible, one may call home and ask someone at home to make the eiruv. If this too is impossible, R. Yisrael Lipschitzý (1782-1860) writes in his commentary to the mishna, Tiferet Yisrael (Beitza 2:1):
In my humble opinion, if he has bread and a cooked item in his home he may, in the beit midrash, say, The bread and the cooked food that I will take when I return home should from this moment be designated as an eiruv tavshilin. And although this person has many loaves of bread and many cooked dishes in his house, regarding laws of Rabbinic origin we apply the principle of bereira - and when he returns home he will separate a loaf of bread and a cooked item and set them aside for Shabbat.
Although some Acharonim disagree (see, for example, Maharsham 2:36), others rule that in extenuating circumstances, one may rely upon the Tiferet Yisrael (see Minchat Yitzchak 7:36), but one should not recite the blessing in this case.
The gemara (Beitza 17a) discusses that
possibility of establishing an eiruv
tavshilin on the first day of Yom Tov,
which falls out on Thursday, instead of the day before. This, of course, is only
relevant outside of
Rava said: A man may prepare an eiruv tavshilin on the first day of a Festival for the second and stipulate.
Rashi (s.v. mi-yom) explains that one would say: If today is a weekday and tomorrow is a festival, then my eiruv should be an eiruv. If, however, the opposite is true, then I do not need an eiruv at all.
The Rishonim discuss when and how this condition may be made. For example the Ran (
The Rambam (Hilkhot Yom Tov 6:14-15) raises an interesting question. He rules that nowadays, when we do not really observe the second day of Yom Tov out of doubt, but rather because of the established custom, one may not make this condition on the first day of Yom Tov. The Raavad disagrees.
The Shulchan Arukh (627:22) rules that one who forgets to make an eiruv tavshilin may prepare one on the first day of Yom Tov and recite the standard text of the eiruv, adding the condition mentioned above. The Mishna Berura (74) cites a debate among the Acharonim regarding whether one should recite the blessing over this eiruv. Furthermore, the Shulchan Arukh also cites the dispute regarding whether one must have food prepared form the previous day. The Mishna Berura (75) rules in accordance with the Tur even one who did not begin cooking the day before may prepare this eiruv.
Relying on the Rabbis Eiruv
The Talmud also discusses the possibility of relying upon someone elses eiruv. The gemara (Beitza 16b) teaches the Rabbinic authority of the city should prepare an eiruv tavshilin for the inhabitants of the city who do not prepare their own.
Come and hear: For the father of Shmuel used to set the eiruv for the whole of Nehardea; R. Ammi and R. Assi used to set the eiruv for the whole of Tiberias. R. Yaakov ben Idi proclaimed: He who has not set an eiruv tavshilin, let him come and rely upon mine.
In addition, the gemara implies that not everyone may rely upon this eiruv.
There was a certain blind man who used to recite beraitot in the presence of Mar Shmuel. When he noticed that he was gloomy, he asked him: Why are you gloomy? He replied: Because I have not set an eiruv tavshilin. Then rely upon mine, he rejoined. The following year, he [again] noticed that he was gloomy. He said to him: Why are you gloomy? He answered him: Because I have not set all eiruv tavshilin. [Then] said he to him: You are a transgressor to everyone else it is permitted, but to you it is forbidden.
This passage implies that one who is a transgressor (poshea), who in this context forgot to prepare an eiruv tavshilin twice, may not rely upon the eiruv tavshilin prepared by the head of the city.
Some Rishonim (see Rambam, Hilkhot Yom Tov 6, for example) do not cite this passage, and apparently maintain that one may always rely upon another persons eiruv prepared for him. Other Rishonim disagree, but differ as to how to understand this passage. The Rosh (2:2), for example, explains that each person should prepare his own eiruv tavshilin, and one may not intentionally rely upon the eiruv prepared by the local rabbi. One who intentionally fails to prepare his own eiruv and intends to rely upon the rabbis eiruv is considered to be a transgressor, and he may not rely upon the eiruv. Furthermore, the Korban Netanel (7) explains, base on the gemara, that one who forgets to prepare an eiruv a second time may no longer rely upon the rabbis eiruv.
The Beit Yosef (527) writes that according to Rashi (s.v. le-didach; Ran 9a, s.v. ha-hu), the person who prepares the eiruv for the inhabitants of the city does not have transgressors in mind. If, however, he were to have in mind those who intentionally do not prepare an eiruv, the eiruv would indeed work (see Rashba, Responsa 1:583). The Arukh Ha-Shulchan (16) maintains that even the Rosh would agree that, theoretically, if the rabbis had the transgressor in mind, the eiruv tavshilin would work for him as well.
The Shulchan Arukh (527:7) rules:
It is incumbent upon every individual to prepare an eiruv. It is also incumbent upon the prominent figure in the city to prepare [the eiruv] for all the inhabitants of his city, in order [to help] one who forgot, or was unable [to prepare an eiruv], or one who prepared and eiruv but it was lost (and also for the ignorant who do not know that that must make an eiruv). However, one who is able to prepare an eiruv and does not, but rather wished to rely upon the eiruv of the prominent figure in the city, is considered to be a transgressor and may not rely upon it.
The Acharonim disagree as to who is considered a transgressor and may therefore not rely upon someone elses eiruv tavshilin. Some Acharonim insist that one who forgot to prepare an eiruv twice is considered to be a transgressor. The Kaf Ha-Chayyim (48; see also Mishna Berura 22) writes that only one who forgets to prepare an eiruv tavshilin for two consecutive festivals is considered to be a transgressor. The Chayyei Adam (102:6), however, writes that one who forgets to prepare an eiruv tavshilin twice in general may not rely upon the rabbis eiruv tavshilin. The Arukh Ha-Shulchan (18) argues that nowadays, the rabbis has in mind even one who consistently forgets to prepare an eiruv tavshilin. In fact, he suggests that Mar Shmuel may have only referred to the specific person in the anecdote cited in the gemara, who should have known better and whose forgetting surely expressed negligence. The Mishna Berura (26) suggests that be-diavad, in order to ensure simchat Yom Tov, one may rely upon those opinions that permit one to rely upon the rabbis eiruv.
The person who prepares an eiruv for others must have them in mind when making the eiruv. In addition, when preparing an eiruv for others, someone must acquire the eiruv for them. The person acquiring on their behalf lifts the eiruv at least a tefach above the ground, and the person making the eiruv takes it from him and recites the blessing al mitzvat eiruv, followed by the formula recited over the eiruv tavshilin, adding for us and for all of the inhabitants of this city. Preferably, ones family member or wife should not acquire this eiruv on behalf of the community, as discussed elsewhere by the Shulchan Arukh (366:10; see Mishna Berura 34, who rules that if an adult from another family is not available, ones wife or children may make the acquisition).
We have seen two options for one who forgot to prepare an
eiruv tavshilin: preparing an
eiruv conditionally on the first day of
Yom Tov (only applicable outside of
Must ones children or guests prepare a separate eiruv tavshilin? R. Avraham David Wahrman of Buczacz (1770-1840) writes in his Eshel Avraham (527:7) that although one may not rely upon anothers eiruv tavshilin, the head of the household prepares the eiruv tavshilin for all those who are eating his food. Therefore, ones children and guests need not prepare an eiruv tavshilin.
What about a family who eats all of their Yom Tov meals at another persons house but sleeps in their own home, or a family staying at a hotel? Must they prepare their own eiruv tavshilin?
R. Mordechai Karmi (1749-1825) discusses whether one who has no intention to cook or bake for Shabbat must make an eiruv tavshilin in his commentary to the Shulchan Arukh, Maamar Mordekhai (527:16). He claims that this question depends upon whether one may light candles for Shabbat without preparing an eiruv, as we discussed above. As this is subject to debate, he concludes that one should prepare the eiruv and recite the formula, but should not recite the blessing due to the principle of safek berakhot le-hakel (when in doubt whether to recite a blessing, one should refrain from doing so).
R. Menashe Klein (b.1925), in his Responsa Mishneh Halakhot (7:74), discusses whether a married couple who eats all of the Shabbat meals at their parents should prepare an eiruv. He concludes that if they sleep at their parents home, it is customary to rely upon their parents eiruv, but if they sleep in their own home, they should prepare an eiruv without reciting the blessing. He bases this conclusion, in part, upon, the Maamar Mordekhai cited above. Similarly, R. Ovadia Yosef (Chazon Ovadya, Hilkhot Yom Tov, p. 278) and R. Bentzion Abba Shaul (1924-1998; Or Le-Tziyon vol. 3, 22:6), also conclude that one should preferably prepare an eiruv without a blessing in order to permit one to light candles for Shabbat (see also Minchat Yitzchak 7:36 and Iggerot Moshe O.C. 5:20:26).
Making the Eiruv Tavshilin
One who makes an eiruv tavshilin holds both a baked and cooked food, prepared before Yom Tov, and recites the blessing of al mitzvat eiruv. He then recites the formula, With this eiruv, let it be permitted for us to bake, cook, insulate, light candles, make preparations, and do all of our needs on Yom Tov for Shabbat. Although the text is traditionally recited in Aramaic, one who does not understand the text should say it in a language he understands (Rema 527:12).