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Beitzah 17

1) MAKING AN ERUV TAVSHILIN WITH A "TENAI" ON YOM TOV NOWADAYS

QUESTION: The Gemara teaches that if one forgot to make an Eruv Tavshilin on Wednesday before a two-day Yom Tov that begins on Thursday, one may make the Eruv on Thursday (on Yom Tov) with a Tenai (saying, on the first day of Yom Tov, that if today is not really Yom Tov and tomorrow is then he is making the Eruv today, and if today is Yom Tov and tomorrow is not, then he does not need to make an Eruv to cook tomorrow for Shabbos).

The RAMBAM (Hilchos Yom Tov 6:12) cites this Halachah, but then he writes (6:14-15) that nowadays, since the two days of Yom Tov are not observed because of a Safek, but because of the Minhag Avoseinu, "therefore I say that one may not make an Eruv with a Tenai... but rather it must be done only on Erev Yom Tov."

The RA'AVAD says that while the Rambam's words do have some logic to them, we have never seen such a ruling among the earlier Poskim. He therefore rules that it is permitted to make an Eruv with a Tenai on Yom Tov nowadays as well.

What is the logic of the Rambam's ruling? Why should we not be allowed to make an Eruv with a Tenai today? If our ancestors were able to make an Eruv Tavshilin on Yom Tov with a Tenai in the times that the second day of Yom Tov was a Safek, then how can the second day of Yom Tov that we observe now be more stringent that theirs? We are only observing the second day because of Minhag Avoseinu, and the Minhag was to *permit* making an Eruv with a Tenai on Yom Tov! Why, then, do we keep the Minhag of observing a second day of Yom Tov, but we do not keep the Minhag of making an Eruv Tavshilin with a Tenai if we forgot to make it before Yom Tov?

Second, the Rambam himself rules that an egg that was laid on the first day of Yom Tov is Mutar on the second day of Yom Tov, as the Gemara (4b) says (Hilchos Yom Tov 1:24). Since the Rambam does not differentiate between nowadays and the earlier generations, it seems that the second day of Yom Tov is *not* more stringent now than it used to be. That is, the fact that the egg is permitted on the second day of Yom Tov nowadays shows that the two days of Yom Tov are *not* one long Kedushah, but rather two Kedushos, just like when the second day of Yom Tov was a Safek. Since they are two Kedushos, one should be able to make an Eruv with a Tenai!

ANSWERS:

(a) The LECHEM MISHNEH explains that there is an important difference between making an Eruv Tavshilin with a Tenai nowadays and making it with a Tenai in the times that the second day of Yom Tov was a real Safek. In order to make an Eruv Tavshilin, a person must express a condition in order to have the Eruv take effect, just like our ancestors would do. They used to say, "If today is not really Yom Tov and tomorrow is Yom Tov, then I am hereby making an Eruv Tavshilin today, and if today is Yom Tov and tomorrow is not, then I do not need an Eruv to cook tomorrow for Shabbos." They genuinely did not know which day was Yom Tov. Hence, they were able to make such a Tenai. However, we know for certain that the first day is Yom Tov, so we cannot make a Tenai and say, "If today is not really Yom Tov and tomorrow is Yom Tov, then I am making an Eruv today," implying that he did not know if it was Yom Tov, because that would not be a true statement -- there are no "ifs"; we know that today definitely is Yom Tov. On the other hand, we cannot say, "Since today is definitely Yom Tov, tomorrow is definitely not Yom Tov and therefore I may cook tomorrow," because the Rabanan instituted that we keep a second day of Yom Tov. Therefore, no condition can be applied in order to make an Eruv.

However, when an egg is laid on the first day of Yom Tov, in which case one does not have to say any sort of conditional statement, then we observe the Minhag Avoseinu and permit the egg to be eaten on the second day of Yom Tov.

(b) RABEINU CHAIM HA'LEVI explains that the reason the Rambam does not allow making a Tenai is not because the statement of the Tenai is false, but because the Tenai cannot take effect at all because the first day certainly is Yom Tov. Not only is the first day more stringent than it used to be, but even the status of the second day of Yom Tov is more stringent today than in the times of our ancestors, because the Rabanan *enacted*, as a certainty, that we must observe it as a Safek. There is therefore a greater element of certainty to it, and thus a Tenai cannot take effect.

Why, then, is an egg laid on the first day of Yom Tov permitted on the second day? We should say that both days are considered definitely Yom Tov and prohibit the egg, just like the Tenai does not help for this reason! Rav Chaim answers that when we look at each day separately, they are both viewed as definitely Yom Tov. But when viewed together, as a pair of days, one of them must be considered *not* a definite day of Yom Tov. The question of whether an egg laid on the first day of Yom Tov is permitted on the second day requires that both days be viewed together, for it is the preparation of the egg (Hachanah) from one day of Yom Tov to the next that would prohibit it. When treating the two days of Yom Tov as a single, two day unit, we must treat them as if only one of the two is definitely Yom Tov.

HALACHAH: The Poskim rule that it is permitted to make an Eruv Tavshilin with a Tenai when two days of Yom Tov precede Shabbos, and one forgot to make the Eruv on Wednesday (SHULCHAN ARUCH OC 527:22). However, the SHITAH MEKUBETZES (cited by the MISHNAH BERURAH 527:74) writes that one does not make a Berachah when making an Eruv Tavshilin on Yom Tov with a Tenai, because it is a Safek.

17b

OPINIONS: The Gemara says that the Halachah follows Beis Hillel of our Mishnah, and only one Tavshil (cooked dish) is required to be set aside before Yom Tov as the Eruv Tavshilin. Why, then, do we have the practice to put aside both a cooked dish and a Chalah (or Matzah)?

(a) RABEINU TAM (cited by Tosfos) writes that although the Halachah follow Beis Hillel, even Beis Hillel agrees that setting aside a cooked dish only permits cooking, frying, and boiling (that is, heating a food through the medium of a liquid) on Yom Tov for Shabbos. It does not permit one to bake items (dry heat) on Yom Tov for Shabbos. If one wants to bake on Yom Tov for Shabbos, one must prepare in advance a baked item.

Rabeinu Tam proves this from the Beraisa (15b) in which Rebbi Eliezer derives from the verse (Shemos 16:23) that a person must have already *baked* something for Shabbos prior to Yom Tov in order to be permitted to bake on Yom Tov for Shabbos, and one must have already *cooked* something for Shabbos prior to Yom Tov in order to be permitted to cook on Yom Tov for Shabbos. We see clearly from the Beraisa that one must set aside a baked item in order to bake on Yom Tov for Shabbos.

This is also implied by the Mishnah which mentions only cooking and does not mention baking ("one may not cook on Yom Tov for Shabbos... unless one prepared a cooked item on Erev Yom Tov"). The Mishnah does not mention that it is permitted to *bake* after having set aside a cooked item.

How does Rabeinu Tam understand Chananyah's statement? Chananyah said that it is indeed the opinion of Beis Shamai that in order to cook, one needs to have set aside a cooked item, and in order to bake, one needs a baked item, and in order to boil water, one needs to have boiled water prior to Yom Tov -- but that Beis Hillel argues with this. Rabeinu Tam rules that one needs a baked item in order to bake, but this seems to be the opinion of Beis Shamai and not Beis Hillel! Rabeinu Tam explains that Beis Hillel argues with Beis Shamai only with regard to boiling water on Yom Tov. Beis Hillel holds that boiling water is included in cooking, and setting aside a cooked item suffices to permit boiling water on Yom Tov for Shabbos; one does not need to set aside boiled water. Beis Hillel agrees, though, that in order to bake, one must have set aside a baked item.

How does Rabeinu Tam understand the Gemara (16a) in which Abaye said that one may not use bread for an Eruv Tavshilin? Rabeinu Tam explains that Abaye means that one may not use bread instead of a cooked item in order to permit cooking. However, in order to permit baking, one certainly needs to set aside bread.

This is also the opinion of the BA'AL HA'ME'OR, RA'AVAD and ME'IRI. This is the source for the common practice to set aside both a Tavshil and bread for the Eruv Tavshilin.

(b) The RI argues and maintains that one Tavshil is certainly enough for both cooking and baking. The Beraisa (15b) which mentions preparing a baked item for baking and a cooked item for cooking is the opinion of Rebbi Eliezer. The Yerushalmi here cites the rest of the Beraisa, in which Rebbi Yehoshua argues and says that setting aside a baked item suffices for both cooking and baking. When Rebbi Eliezer argues with another Tana, his opinion is not accepted because he is "Shamuti" (a disciple of Beis *Shamai*, Yerushalmi cited by TOSFOS Shabbos 130b), and in this case as well he is expressing the opinion of Shamai as quoted by Chananyah. This interpretation of Beis Hillel is also supported by the Tosefta (2:2), and this is the ruling of RABEINU CHANANEL (17b), the RAMBAM (Hilchos Yom Tov 6:1), the RAMBAN and other Rishonim.

HALACHAH: Even the RI himself writes that he was afraid to rule counter to his uncle, Rabeinu Tam, and to permit using only a cooked item for an Eruv Tavshilin. The BEHAG also mentions the practice of preparing both a baked item and a cooked item. For this reason, a number of Rishonim write that one should be stringent l'Chatchilah and set aside both items. This is the Halachah as cited in the SHULCHAN ARUCH (OC 527:2), who writes that l'Chatchilah one should prepare both a baked item and a cooked item, but b'Di'eved if one prepared only a cooked item, he may still bake on Yom Tov for Shabbos. (However, if he prepared only a baked item, it does not permit him to cook and it does not even permit him to bake, because the Takanah of Eruv Tavshilin was established to be made on a cooked item -- MISHNAH BERURAH 527:7).