DAF DISCUSSIONS - ERUVIN 80

Ben Berlin asked:

Must a person making an Eiruv Tavshilin confer ownership on each person who will join in that Eiruv?

Ben Berlin, Norwalk CT

The Kollel replies:

Technically, yes (see O.C. 527:10). However, there is an argument whether or not this applies to a wife or older children who eat with the husband/father. The custom seems to be that one does not need to give ownership to these people (at least b'Dieved, see Mishna Berurah 527:34).

All the best,

Yaakov Montrose

Ben Berlin responds:

Thank you for your reply.

How does this then apply to guests? Whether they be guests in our home (Who have no ownership in our Eiruv Tavshilin) or we are guests in their home (but did not take ownership of their Eiruv Tavshilin).

Ben Berlin

The Kollel replies:

The question sounds simple, but is actually quite complicated and not widely discussed. The Sefer Eruv Tavshilin ha'Aruch (vol. 1, 4:8) says that there is an argument among the Poskim regarding whether or not guests who are staying for both Yom Tov and Shabbos, sleeping and eating at their host, can be Somech on his Eruv. The Mishneh Halachos (quoted in footnotes ibid.) says that even married children in this situation are certainly not covered by the Eruv without taking ownership. Additionally, due to the combination of cases possible (minors being guests, only eating not sleeping, staying for only Yom Tov), one should ask a Rov beforehand for instruction in his specific case.

All the best,

Yaakov Montrose