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Rosh Hashanah 5775 was almost here. The house was in a whirl preparing for the “three day” Yom Tov – Thursday and Friday, followed by Shabbos. The delicious aromas of challah, cake, meat, and chicken wafted from the kitchen. The whirr of the vacuum cleaner competed with the hum of the washer and dryer. The older children were in and out of the house doing last minute shopping errands.

Rabbi Dayan took a break in the preparations for some quiet time, to go over his drashas (sermons) for Rosh Hashanah and Shabbos Shuvah and to review the laws of shofar blowing.

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When he finished, Rebbetzin Dayan paused for a brief moment from her cooking and cleaning. “Don’t forget to make the eruv tavshilin,” she gently reminded her husband.

“Of course,” replied Rabbi Dayan. “I’ll take care of it now.”

Rabbi Dayan took a challah and some cooked eggs. He then called over his 15-year-old son, Aharon. “Could you please ask your friend Chaim from next door to come over and help me with the eruv tavshilin?”

“Sure,” replied Aharon. “But what do you need Chaim for?”

“You’ll see,” answered Rabbi Dayan with a twinkle in his eye. “Please ask him to come.”

Aharon went next door and returned two minutes later with Chaim.

“Thank you for coming over,” Rabbi Dayan said to Chaim. “I’d like you to help me in making the eruv tavshilin for Yom Tov.”

“I’m happy to,” said Chaim. “What do I have to do?”

“Take this challah and these eggs and lift them up at least a tefach [about four inches],” said Rabbi Dayan. “I want you to acquire them on behalf of all the Jewish people in the community.”

“What do you mean by that?” asked Chaim.

“Well, right now the challah and eggs are mine,” explained Rabbi Dayan. “When you pick them up, you acquire them for everyone, so that the whole community has a share in this food.”

Chaim obligingly raised the challah and eggs. Rabbi Dayan then took them from him, made the berachah and recited the declaration of making the eruv tavshilin.

When he finished, Chaim looked at Rabbi Dayan with a puzzled expression. “My father also just made an eruv tavshilin and didn’t give it to anyone,” he said. “Why did I have to pick it up? Besides, you have your own children here. Why couldn’t Aharon do it?”

“You’re an insightful young fellow,” Rabbi Dayan complimented him. “Most people make the eruv tavshilin only for their own household. Even though the standard version in the siddur or machzor states, ‘for us and all Jewish people living in this city,’ it is not really intended for others. However, the Rav makes an eruv tavshilin for the entire community in case someone forgets or is unable to make his own, which covers him on a one-time basis. Therefore, I wanted you to acquire the challah and eggs on behalf of the entire community, since the eruv tavshilin must be with one’s own food.” (O.C. 527:9-11)

“But how does that work?” asked Chaim. “Only I picked up the food, not anyone else!”

“There is a well-known principle in monetary halacha, ‘zachin l’adam shelo b’fanav’ – it is possible to acquire for someone [even] not in his presence,’ ” answered Rabbi Dayan. “Thus, when you picked up the challah and eggs you acquired them not only for yourself but also for the other townspeople, so that we all have a share in this eruv tavshilin.” (C.M. 243:1)

“But why did I have to call Chaim over?” asked Aharon. “Why couldn’t I do it?”

“A valid transaction has to leave one’s possession to the possession of a different entity,” explained Rabbbi Dayan. “Since a father has certain monetary rights in the acquisitions of his children, they are not considered independent entities. For you to accept the eruv food would be almost as if I’m giving it from my right hand to my left hand. Therefore, I needed someone who is not a household member.” (M.B. 366:55)

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Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to [email protected]. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail [email protected].