2020/5780

Do our Eiruv Tavshilin remain in effect even under quarantine? Some have noted that quarantine undermines the very basis of Eiruv Tavshilin. In order to appreciate this issue let us first examine a very important Sugya (Talmudic discussion) recorded on Pesachim 46b. This Gemara offers a rare “under the hood” glimpse of the conceptual underpinnings of Eiruv Tavshilin.

The Sugya of Ho’il – Rabba vs. Rav Chisda

The following is the William Davidson Talmud’s elucidation of this Sugya (with very slight emendations):

איתמר האופה מיום טוב לחול רב חסדא אמר לוקה רבה אמר אינו לוקה

Apropos the principle: Since, etc., the Gemara cites a related dispute. It was stated that the Amora’im disagree with regard to one who bakes bread on a Festival day for use during the week. Rav Ḥisda said: He is flogged because he has desecrated the Festival. Rabba said: He is not flogged.

רב חסדא אמר לוקה לא אמרינן הואיל ומיקלעי ליה אורחים חזי ליה רבה אמר אינו לוקה אמרינן הואיל

The Gemara explains the two opinions: Rav Ḥisda said that he is flogged because we do not say that since (Ho’il) guests may happen to visit him, the bread is fit for him on the Festival day itself. Rabba said that he is not flogged because we say that since guests may visit him, the bread is considered to have been baked for use on the Festival day itself. Even if guests do not actually come, he has not desecrated the Festival.

אמר ליה רבה לרב חסדא לדידך דאמרת לא אמרינן הואיל היאך אופין מיום טוב לשבת אמר ליה משום עירובי תבשילין

Rabba said to Rav Ḥisda: According to you, who said that we do not say the principle of Since (Ho’il), etc., how is it permitted to bake on a Festival for Shabbat? He said to him: One is permitted to bake on a Festival for Shabbat due to the joining of cooked foods [eiruv tavshilin] instituted by the Sages.

ומשום עירובי תבשילין שרינן איסורא דאורייתא אמר ליה מדאורייתא צורכי שבת נעשין ביום טוב ורבנן הוא דגזרו ביה גזירה שמא יאמרו אופין מיום טוב אף לחול וכיון דאצרכוה רבנן עירובי תבשילין אית ליה היכירא

Rabba responded: Due to the practice of the joining of cooked foods, which was instituted by the Sages, may one permit a Torah prohibition? Rav Ḥisda said to him: By Torah law, whatever one needs for Shabbat may be done on a Festival, and the prohibition against performing labor during the Festival does not apply to preparations for Shabbat. It was the Sages who decreed that one may not bake on a Festival for Shabbat, as a decree lest people say that one may bake on the Festival even for use during the week. And since the Sages required a joining of cooked foods, one has a conspicuous marker reminding him that baking on the Festival for Shabbat is permitted but baking on the Festival for a weekday is prohibited.

Summary of the Gemara

In sum, Eiruv Tavshilin is effective only to permit a rabbinic level prohibition. There are two possibilities as to why one may cook from Yom Tov to Shabbat on a Torah level. One is Ho’il (Rabba) and the other (Rav Chisda) is that since (as Rashi explains) Shabbat and Yom Tov constitute one unit of Kedusha one may cook on Yom Tov for Shabbat on a Torah level as it is considered as if one is preparing for the same conceptual day. The Rabanan, in turn, permit cooking from Yom Tov to Shabbat only if an Eiruv Tavshilin is made.

The Challenge – Ho’il Not Applicable This Year

This Sugya teaches that the concept of Ho’il, the potential of the arrival of unexpected guests who would eat the food one prepared on the Yom Tov that falls on Friday, serves as a possible conceptual basis for Eiruv Tavshilin. As such in the current circumstances how does Eiruv Tavshilin work if everyone is practicing social distancing? The theoretical surprise arrival of guests is non-existent in the current circumstances!

Sephardic Jews – Eiruv Tavshilin Remains in Full Effect

The good news is that (as noted by the Aruch HaShulchan Orach Chaim 527:3) that the primary Sugya regarding Eiruv Tavshilin (that appears at the beginning of the second Perek of Masechet Beitzah) makes no mention of the concept of Ho’il. This seems to imply that an Eiruv Tavshilin functions even when Ho’il is not applicable. Similarly, the Rambam (Hilchot Yom Tov Perek 6) and the Shulchan Aruch and the Rama (Orach Chaim 527) make no mention of Ho’il, indicating that an Eiruv Tavshilin is valid even without Ho’il.

In fact, the Yalkut Yosef (Orach Chaim 527:10) not surprisingly follows in the footsteps of the Rambam and Shulchan Aruch and rules that Ho’il is not fundamentally an integral part of Eiruv Tavshilin. Thus, for Sephardic Jews the issue is clear. An Eiruv Tavshilin unquestionably remains effective even when Ho’il is not relevant.

Concern for Ho’il – Mishna Berura vs. The Aruch HaShulchan

The Magen Avraham (introduction to Orach Chaim 527), though, changes the calculus for Ashkenazim. He cites the Tosafot (Pesachim 46b s.v. Rabba) who writes that Ho’il does not apply if one cooks very close to the end of Yom Tov. In such a case the chance of having to feed unexpected guests is nil.

The Magen Avraham cites the Mordechai that therefore even if one has made an Eiruv Tavshilin he should complete making the food significantly before Yom Tov ends. Only then may we apply Ho’il and will the Eiruv Tavshilin be effective. He concludes by noting the custom to begin Shabbat early when Yom Tov falls on Friday to insure compliance with this approach.

The Mishna Berura (527:3) cites the Chemed Moshe and the Shulchan Aruch HaRav who endorse the Magen Avraham’s approach. The Mishna Berura strongly encourages adherence to this strict ruling. However, he refers to his Bi’ur Halacha (s.v. V’Al Yedei) where he notes that there is room to question the ruling of the Magen Avraham. He notes that some authorities, such as the Beit Meir, note that one may rule in accordance with Rabba and adopt the idea of Ho’il and nonetheless permit cooking until the very end of Yom Tov for the next day Shabbat.

The Bi’ur Halacha concludes that one should make every effort to be strict especially since according to the Magen Avraham one who cooks very late on Friday Yom Tov violates a Torah level prohibition (only when Ho’il is applicable is it permissible on a Torah level to cook from Yom Tov for Shabbat). He does, however, one to be lenient in case of exceptional need. Moreover, if Friday is Yom Tov a significant need permits relying on the lenient opinion since only a rabbinic concern is involved.

The Aruch HaShulchan, though, notes the common custom to be lenient about this matter. He marshals (as he often does when defending widespread common practice) the Talmud Yerushalmi (at the beginning of the second Perek of Beitza) that clearly adopts the view of Rav Chisda who rejects the concept of Ho’il. The Yerushalmi agrees with Rav Chisda that it is always permissible, on a Torah level, to cook on Yom Tov for Shabbat. According to this view, Ho’il is not a concern.

The predominant practice in our community continues to follow the lenient view. However, scrupulous Ashkenazic Jews adhere to the stricter view of the Mishna Brura. Yalkut Yosef encourages us to try to satisfy the stricter opinion but in far less strong terms than does the Mishna Brura.

Application to 2020 Quarantine

Now let us address the validity of our Eiruv Tavshilin in 2020 when in quarantine where Ho’il seems to be precluded. According to the Sephardic practice and the Aruch HaShulchan, Eiruv Tavshilin undoubtedly are in full effect.

In addition, Rav Hershel Schachter in his landmark Piskei Corona (number 19) permits relying on Eiruv Tavshilin even in quarantine noting that Ho’il may be operative even if there is little chance that unexpected guests will arrive Chemed Moshe1. Rav Elazar Meyer Teitz supports this view arguing that our situation is analogous to someone who is the only Jew2 within his Techum Yom Tov. Rav Teitz observes that it is never mentioned in the Posekim that the Eiruv Tavshilin is ineffective in such a situation.

Finally, TABC alumnus Yoni Nagler adds that one could provide food if a guest arrives in a safe manner that adheres to social distancing protocols. Therefore, Ho’il remains alive and well even in quarantine. Accordingly, even this year it is preferable to complete cooking for Shabbat well before the end of Yom Tov since the strict view may still be accommodated in the current circumstances.

Conclusion

One may certainly rely upon an Eiruv Tavshilin even in quarantine. Even in the current circumstances it is best to complete their cooking for Shabbat well before the end of Yom Tov.

1 Rav Schachter refers us to his Eretz HaTzvi (number 9) where he presents a lengthy and very in-depth analysis of Ho’il which supports this approach.

2 The Torah permits cooking on Yom Tov only if done for a Jew.