Q&A from the Bais HaVaad Halacha Hotline

Short-Order Cooking

May 18, 2023

Q Does eiruv tavshilin permit cooking on Yom Tov late in the afternoon?

A Eiruv tavshilin is performed on Erev Yom Tov when Yom Tov falls on Erev Shabbos. In general, cooking on Yom Tov is only permitted for the needs of that day, but eiruv tavshilin was instituted to allow food to be cooked on a Friday Yom Tov for Shabbos. Its purpose is to serve as a reminder that cooking on Yom Tov for the next day is normally forbidden (see Psachim 46b).

Since eiruv tavshilin is a takanah deRabanan, it cannot permit de’Oreisa violations, so only activities that are permitted mide’Oreisa are covered by the eiruv. There are two views in the Gemara (ibid.) about how it works:

Rav Chisda: Cooking on Yom Tov for the Shabbos that follows is unconditionally permitted mide’Oreisa, so eiruv tavshilin permits cooking without limitations.

Rabbah: Cooking on Yom Tov for anything beyond the needs of that day, even Shabbos, is forbidden mide’Oreisa. The rationale behind eiruv tavshilin is that anything cooked on Yom Tov can potentially be used that very day, because guests might come and need to be fed; this idea is known as “ho’il” (since—i.e., since guests might arrive). Ho’il is usually not relied upon, but on Fridays, for Shabbos needs, Chazal permitted relying on it.

According to Rabbah, eiruv tavshilin is limited to situations where ho’il applies. Otherwise, the activities are forbidden mide’Oreisa, so eiruv tavshilin cannot provide a dispensation.

Since many Rishonim rule like Rabbah, the poskim say that cooking is only permitted where ho’il is applicable, i.e., when guests can hypothetically still arrive and eat the food the same day. Cooking late on Yom Tov afternoon, minutes before Shabbos, is therefore forbidden (Mishnah Brurah 627:3).

If one was delayed, the Mishnah Brurah allows for leniency bish’as hadchak (in a pressing situation) by relying on those Rishonim that rule with Rav Chisda.

R’ Shlomo Zalman Auerbach (cited in Shmiras Shabbos Kehilchasah perek 33 note 96) permits refilling a hot water urn even minutes before Shabbos, because the new water is mixed with existing water.