Shulchan Aruch: Chapter 367 - The Law Governing Whether a Woman may Establish an Eruv

SECTION 367 The Law Governing Whether a Woman may Establish an Eruv (1)

1 A man’s wife may establish an eruv for him, using his possessions without his knowledge.1 [Indeed, this applies] even if [the man] objects to [his wife] doing so, and even if he generally does not join in an eruv with the [people with whom she chose to establish an eruv].

When does the above apply? When [the man’s presence] would cause [carrying] in the courtyard to be forbidden [for the other residents of the courtyard] if he did not join in an eruv with them,2 i.e., when [the man’s] home opens only to this courtyard, and he has no other way to go out from his home to the public domain except by going through this courtyard.3

[Different rules apply, however,] if [the man’s home] opens to two courtyards, and he regularly enters and departs through one of them. [In such an instance, his presence] causes [the other residents of the courtyard through which he regularly enters and departs] to be forbidden [to carry inside of it. Conversely,] since he does not enter and depart through the other [courtyard] on a regular basis, his presence does not cause [those in the other courtyard] to be forbidden [to carry inside of it]. It is, however, forbidden to carry from [that courtyard] to his home.

His wife may act on her husband’s behalf without consulting him and join in an eruv in the courtyard which he regularly uses, even if he generally [would] not join in an eruv [with those neighbors].4 However, [a man’s wife] may not act on her husband’s behalf without consulting him and join in the eruv on his behalf in [the courtyard] that he does not regularly use, unless he himself would regularly join in [those neighbors’] eruv. If, however, [the man] does not regularly join in their eruv, [the neighbors participating in the eruv] may not take [the bread for] his [participation in the] eruv [from the man’s wife] without consulting him, [even though] his wife does desire [to join in the eruv. The rationale is that the man’s] presence [in the courtyard] does not cause [the other residents of the courtyard] to be forbidden [to carry in that courtyard even when he does not join in the eruv].

[This restriction applies] when [the man] explicitly [let it be known] that he did not desire [to join these neighbors in the eruv]. Nevertheless, as long as [the man] did not explicitly state [his opposition to joining in the eruv], his wife may join in their eruv, even though [her husband’s] presence [as a resident of the courtyard who is not a partner in the eruv] does not cause [the other residents] to be forbidden [to carry] and he does not regularly join in their eruv, for it can be assumed that he would be willing [to consent] to his wife’s [joining] the eruv.

Nevertheless, [a man’s wife] may not grant [a share in] his [bread]5 to others without his knowledge. [This applies] even to the residents of the courtyard in which [the man’s] presence causes [carrying] to be forbidden and with whom he regularly joins in an eruv. [The man’s wife] may, however, grant [others a share of bread] from [what is given to her for] her sustenance, because that belongs to her.

If both the husband and wife are not in the city, the members of their household may join in the eruv with [the husband’s] possessions, without his knowledge, for it can be assumed that he will not object to their [actions. The above applies] provided his home is only open to one courtyard. [The rationale is that joining in the eruv] is certainly beneficial to [the man] and has no negative [consequence] for him.6 [Hence, we follow the principle:]7 “A benefit can be acquired for a person without his knowledge.” If, however, [the home] is open to two courtyards, [the residents of] neither [courtyard] may use [the man’s] possessions that the members of his household give them to include him in the eruv without his knowledge. [The rationale is that] one cannot be certain that this eruv [will definitely] benefit him; perhaps [the man] would not desire to join with [the residents of] this courtyard, but rather with [the residents of] the other [courtyard]. Nevertheless, if [the man] regularly joins in an eruv with [the residents of] one [of the courtyards], they may include him in the eruv without his knowledge because of [the bread] contributed by the members of his household, for it can be assumed that he desires [to participate in] their eruv [at this time] just like [he did] until now.

However, should a person who had already joined in an eruv with [the residents of] a courtyard desire to retract his participation in the eruv and [the bread he contributed to] the eruv still exists, his retraction is of no consequence. [The person’s participation in] the eruv is maintained against his will if his presence [in the courtyard without participating in the eruv] causes [carrying by the others in the courtyard] to be forbidden, or [if] he regularly joins in that eruv.8If, by contrast, [the man’s presence in the courtyard without participating in the eruv] does not cause [carrying by the other residents of the courtyard] to be forbidden and he does not regularly join in that eruv, but merely joined it on a random occasion and then retracted [his participation in the eruv], his participation is nullified. Hence, if [the man] desires to join the eruv again, he must once again participate [by contributing] anew in the eruv.