Shulchan Aruch: Chapter 369 - The Manner in which [a Person] is Granted a Share in an Eruv

SECTION 369 The Manner in which [a Person] is Granted a Share in an Eruv (1)

1 [A person] does not acquire a share in an eruv [in the following situation]:1 He gave money to a baker and told him: “If the residents of [my] courtyard come to purchase a loaf [of bread] for an eruv from you, grant me [a share in it] for this ma’ah.”2[The rationale is that the payment of] money does not finalize a business transaction until [the purchaser of the article] draws [the article he is acquiring into his possession (meshichah). In this instance, the purchaser did not do so].3

[Moreover,] even if the baker granted a share as a gift to all the residents of the courtyard as a whole via another person4 and the baker intended that this person also acquire a share in this loaf [of bread], for he is also among the residents of the courtyard, that person nevertheless [does not acquire a share. The rationale is that] the baker did not intend that [the person who paid him money] acquire a share [in the loaf of bread] through the agency of the person [who lifts up the loaf on behalf of the others], i.e., that [the third person] should act as an agent for [this person] like he acted as an agent for all the other residents of the courtyard to whom the baker is giving shares [of the bread] as a present. Instead, the baker thinks that this person already has a share in the loaf because of the ma’ah [this person] paid [the baker, and the baker] is only making [the person who lifts up the loaf] an agent to acquire [the loaf] on behalf of the other residents of the courtyard to whom he is granting [a share in the loaf] as a present. [The baker] is not making [the person who lifts up the bread] an agent for [the person who paid him].5 Thus, that person does not have a share in the eruv. (If, however, [the baker] intends that [the person who lifts up the loaf] serve as an agent for this person just as [he serves as an agent for] the other residents of the courtyard, [the person who paid money] acquires [a share in] the eruv.)

If, however, [the person who gave the baker money] told him, “Make an eruv for me,” [that person] acquires a share in the eruv in all circumstances,6 provided [the baker] granted shares [in the loaf for the eruv] to all the residents of the courtyard as a whole. [The rationale is that the person who gave the money] appointed [the baker] as an agent to establish an eruv for him in an effective manner. Since there is no way [this person] can receive [a share in] the eruv unless [the baker] acquires a share for him via a [third] person, like [he acquires it] for the others who did not pay money, it is as if [this person] told [the baker] to have a third party acquire a share [in the eruv]for him like [the third party] acquires [a share in the eruv] for the others. [He] is not [intending] to acquire [a share in the eruv] through [paying] the ma’ah alone, and it can be assumed that an agent [the baker] carries out the objective with which he is charged.7

Even when [the person who gave the money] told the baker, “Grant me [a share in the eruv],”8 if he gives [the baker] an article9 so that [the baker] will acquire [a share in the eruv] for him through a kinyan sudar,10[the person] acquires [a share in] the eruv.11

If [a person seeking to acquire a share in an eruv] gives a ma’ah to a homeowner and tells him, “Grant me [a share in] an eruv,” he acquires [a share in] the eruv. [The rationale is that] it is not common practice for a homeowner to sell the bread he bakes. [Hence, it can be assumed that the person’s intent] when making this statement was that [the recipient] should [use] his money to purchase bread for him from the market place [and use that bread to establish an eruv]. Thus, it is as if [the person] said to [the recipient] “Make an eruv for me”,12 i.e., [the person] appointed [the recipient] as an agent to [acquire a share] in an eruv for him, and it can be assumed that the agent carried out the objective with which he was charged. It can be presumed that [the recipient] purchased [the bread] for [the person] and acquired [a share in the eruv] on his behalf, or granted him [a portion] in [the recipient’s] own bread [that he used for the eruv] via another person.