[Avodah] Can anything be done if one forgot to establish an Eruv Tavshilin before Yom Tov?

[Prof. L. Levine]

>From today's OU Kosher Halacha Yomis


A. If one forgot to make an eruv before a Yom Tov (with exception of Rosh Hashana) that began on Thursday (as is the case with Pesach this year), it is possible to make an eruv on the first day of Yom Tov (Thursday). To do so, one should say the following: “If today (Thursday) is Yom Tov (and as such tomorrow {Friday} is a weekday), the eruv is unnecessary (because one may cook for Shabbos on a Friday which is a weekday). However, if today (Thursday) is a weekday and tomorrow is Yom Tov, this will be my eruv, which will allow preparation on Friday/Yom Tov for Shabbos. (Shulchan Oruch 527:22). Though others disagree, the Oruch Hashulchan (OC 527:36) recommends not making a bracha on this unique eruv because of the uncertainty if it is necessary. (The basis for making a conditional eruv is that halacha treats each of the first two days of Yom Tov as if they had an uncertain status). One then continues with the concluding text of the eruv. (There is no need to do anything additional on Friday because if Thursday was a weekday, he already made an eruv, and if Friday is a weekday, he does not need an eruv.)

An eruv cannot be made on the first day of Yom Tov which falls on Friday.

If one forgot to do the above process on Thursday, or if Yom Tov began on Friday, one may rely on the Eruv Tavshilin performed by the rabbi of the city, as it is customary for him to include his entire community in his eruv. One may rely on this only if the Eruv Tavshilin was not forgotten due to negligence (Shulchan Oruch ibid). In addition, one cannot rely on the rabbi’s eruv for two consecutive Yomim Tovim (MB 527:22). Kaf Hachaim 527:48 suggests that this limitation applies only if the two Yomim Tovim where consecutive. After forgetting to make an eruv two consecutive times, the Chayei Adam (Klal 102:7) questions whether one may rely again on the rabbi’s eruv in the future.

Another option is to have someone who made an Eruv Tavshilin cook for the one who forgot. In this case, ownership of the ingredients must be transferred to the one who is allowed to cook. This person may then proceed to cook even in the home of the person who did not make an Eruv Tavshilin (Shulchan Aruch OC 527:20).

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