Today’s daf TB Eruvin 80 discusses whether a formal acquisition (קנין) is required to effectuate a shituf mavui (שיטוף מבוי) to unify an alleyway, to effectuate an eruv tekhumim, and to effectuate an eruv tavshilin (עֵירוּב תַבְשִׁילִין). Rav and Shmuel disagreed when it comes to the shituf mavui and eruv tekhumim.
“It is stated that the amora’im disagreed with regard to the acquisition of a merging of alleyways. Rav said: It is not necessary to confer possession of the food used in merging the alleyway to all the residents of the alleyway; and Shmuel said: It is necessary to confer possession to them. They likewise disagreed with regard to a joining of Shabbat boundaries, but the opinions are reversed. Rav said: It is necessary to confer possession of the food to all those who wish to be included in the eiruv, and Shmuel said: It is not necessary to confer possession to them.” (Sefaria.org translation)
The fact that these two rabbis were not consistent whether a formal acquisition was needed or not is interesting. Tosefot explains the underlining reasoning of each rabbi. Rav holds since everybody wants to carry in the alleyway, the shituf mavui has an implicit acquisition and doesn’t require a formal one. Concerning the eruv tekhumim nothing is really forbidden because a people don’t have to extend their domain, formal acquisition is required for a shared eruv tekhumim to effectuate it. Shmuel holds because the unification of an alleyway means each individual needs to take possession of it, a formal acquisition is required. As soon a person says, “Go out and make an eruv tekhumim,” he has effectually made an acquisition for the group.
Sometimes the laws concerning eruv tekhumim are more stringent than those of eruv hatzerot. For example, enough food for two meals for each person must make up the eruv tekhumim while a total of two meals if there a lot of residents in the courtyard and just a fig if there a few residents in the courtyard must make up the eruv hatzerot. Sometimes the laws concerning eruv tekhumim are more lenient than those of eruv hatzerot. Any kind of food can be used for the eruv tekhumim while only bread may be used for the purposes of an eruv hatzerot.
As in many cases, the rabbis take the more stringent position when deciding the halakha. “Rav Naḥman said: We hold based on tradition that with regard to all of them, joining of Shabbat boundaries, joining of courtyards, and merging of alleyways, it is necessary to confer possession.” (Sefaria.org translation)
He then asks does an eruv tavshilin require a formal acquisition as well. The answer is yes it does. What is the purpose of an eruv tavshilin? Each 24 hour period of a holiday is considered a separate unit. Food can only be prepared for that specific day. Since we are allowed to cook on each day of Yom tov, this prohibition is inconsequential. When Shabbat follows immediately after Yom Tov, a person can’t prepare food on Yom Tov to be eaten on Shabbat and can’t cook on Shabbat. What’s a person to do? The eruv tavshilin is the mechanism to get around this problem. Before Yom tov, a person sets aside two different foodstuffs to be eaten on Shabbat with the intention that any food left over on Yom Tov can be eaten on Shabbat as well. That way a person can cook on Yom Tov knowing that this “left over” food will be eaten on Shabbat.
One person takes his eruv tavshilin and gives
it to another person ideally who is a nondependent[1] and says: “I hereby grant a share in this eruv to anyone who
wishes to participate in it and to depend on it.
And then says the following blessing, ‘Praised
are you, Lord our God, king of the universe, who has sanctified us
with his commandments, and commanded us concerning the mitzvah of eruv.
‘Through this [eruv] it shall be
permissible for us to bake, cook, put away a dish [to preserve its heat],
kindle a light, prepare, and do on the holiday all that is necessary for
Shabbat — for us and for all the Israelites who dwell in this city.’”
Bottom
line, what is the halakha? All these types of eruvim need formal acquisition. For eruv tekhumim see Shulkhan Arukh, Orekh
Hayyim, 413:1. For eruv hatzerot see Shulkhan
Arukh, Orekh Hayyim, 366:9. For shituf mavui see
Shulkhan Arukh. Orekh Hayyim, 386:3. For eruv tavshilin see Shulkhan Arukh. Orekh
Hayyim, 527:10)
[1] Based
on the Tosefot understand of the word gedol
(translated as adult) in the Mishnah on daf
TB Eruvin 79b meaning financially independent rather than reaching the age of
majority. “by means of his adult son or daughter, and likewise by
means of his Hebrew slave or maidservant, whom he does not own, and by
means of his wife. These people may acquire the eiruv on behalf of
all”
No comments:
Post a Comment