The Laws of Chanuka - The Proper Time for Hadlakat Neirot
the laws of
THE FESTIVALS
THE LAWS OF
CHANUKA
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In
memory of Yissachar Dov Shmuel bar Yakov Yehuda Illoway
and Leah Ruth Illoway
bat Natan Naso Jacobs
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Shiur 09: The Laws of
Chanuka
The Proper Time for
Hadlakat Neirot
Rav David
Brofsky
Introduction
Last week, we attempted to define the
halakhic definition of "lighting" with respect to neirot Chanuka,
questioning whether the focal point of the mitzva is the actual kindling,
or placing the lights in their proper place.
We also discussed whether one must
rekindle a Chanuka light which was extinguished. The Gemara (Shabbat 21b), in
addressing the view that one need not rekindle an extinguished flame ("kavta-
lo zakuk la"), asks:
"Now, if it is extinguished, does it
not require attention [i.e. need to be rekindled]? But the following
[berayta] contradicts it: ‘Its observance is from sunset until
there is no wayfarer in the street’ ("ad she-tikhleh regel min ha-shuk").
Does that not mean that if it is extinguished [within that period] it must be
relit?"
The Gemara answers by offering the
following interpreting of the berayta: "If one has not yet lit, he must
light it; or, [it refers] to the statutory period [during which the candles
must burn]…"
This Gemara raises a number of
interesting, practical questions. What is the earliest time that one may light
Chanuka lights? Must one light at sunset, or may one light even later? How are
we to understand the two answers of the Gemara – "if one has not yet lit, he
must light it; or, it refers to the statutory period (shiur)…"? Are
they mutually exclusive, or should we accept both? Furthermore, does the time of
“until there is no wayfarer in the street” depend upon pedestrian traffic norms
in each locale? If so, might this
also impact upon the minimum required amount of oil? Finally, when Chanuka
lights are kindled indoors (as we shall see), are these issues concerning
outdoor pedestrians rendered irrelevant?
Let us begin by discussing the optimal
time for lighting neirot Chanuka.
The Earliest Time for Lighting
Neirot Chanuka
The Gemara teaches that "its
observance is from mi-shetishka ha-chama until there is no wayfarer in
the street." The Rishonim debate the precise definition of
mi-shetishka ha-chama. In part, this discussion depends upon our
understanding of the significant halakhic times of nightfall, which we discussed
elsewhere (http://vbm-torah.org/archive/tefila/23tefila.htm). A brief review of these opinions will be
helpful in determining the proper times for lighting neirot
Chanuka.
The Rishonim offer two
different approaches to understanding the evening times, based upon two
seemingly contradictory passages in the Talmud (Shabbat 34b-35a and Pesachim
94a).
Rabbeinu Tam (see Tosafot, Berakhot
2b, s.v. dilma; Shabbat 35a, s.v. terei; Pesachim 94a, s.v.
Rabbi Yehuda) asserts that there are actually two phenomena called
shekia (sunsets). The first
shekia, the astronomical sunset, begins as the sun disappears below the
horizon. The second occurs much
later, when the sky is completely dark except for its western extremity, which
glows red from the sun beneath the horizon. This second shekia, which the
Gemara describes in Masekhet Shabbat (34b), ends when the entire sky becomes
completely dark (tzet ha-kokhavim), which occurs "¾ of a mil"
after the second sunset (Shabbat 34b-35a), and 4 milin after the first
sunset (Pesachim 94a).
A mil (plural, milin) is
technically a unit of distance approximately equal to a kilometer. The Talmud
often uses this term to refer to the amount of time it takes for the average
person to walk a mil. The Terumat Ha-deshen (cited by Rav Yosef
Karo, in Beit Yosef Y.D. 69), Shulchan Arukh (O.C. 459:2) and the
Rema (O.C. 261:1), rule that it takes eighteen minutes to walk a
mil.
According to Rabbeinu Tam, some
halakhot – such as the laws of Shabbat, for example – depend upon the
second shekia, and therefore prohibited labors may be performed on Friday
until 3¼ milin after the first shekia, which, according to the
calculations mentioned, occurs 72 minutes after sunset. If so, then the second
shekia, which begins ¾ of a mil before tzet ha-kokhavim, would
occur 13½ minutes before nightfall, or approximately an hour after the
astronomical sunset.
The Geonim (See Responsa Maharam
Alashkar, 96, citing Rav Sherira Gaon and Rav Hai Gaon) and the Gra (commentary
to Shulchan Arukh, O.C. 261:2) disagree. They explain, based upon the Gemara
(Shabbat 34b-35a), that the period from sunset to nightfall (tzet
ha-kokhavim) spans ¾ of a mil, and the period in between is what Chazal
called bein ha-shmashot. The Gra, aside from his textual objection
to Rabbeinu Tam's opinion, also observed that "ha-chush makchish" –
empirical evidence contradicts Rabbeinu Tam’s position, as the skies are already
entirely dark during the time which Rabbenu Tam still considers
daytime. (The Gra acknowledges that the times mentioned in the Gemara,
i.e., ¾ of a mil and 4 milin, apply only to the latitude of Israel
and Babylonia, during the times of the fall and spring equinox; in other
regions, however, such as Northern Europe, bein ha-shmashot and,
consequently, tzet ha-kokhavim, occur much later.)
According to these calculations,
tzet ha-kokhavim, as defined by the Geonim, occurs 13.5 minutes after the
astronomical sunset. The season, as well as the altitude, also impact upon the
visibility of the stars, and therefore the Acharonim debate when,
practically, one may recite the evening shema or end Shabbat.
With this information in mind, let us
now examine the various views among the Rishonim concerning the proper
time for lighting neirot Chanuka.
The Rambam (4:5) writes that one
should light "with the sunset, neither later nor earlier," implying that the
mitzva should be performed as the sun dips below the horizon (see
Arukh Ha-Shulchan 472:4, and Bi’ur Halakha s"v lo and
s"v ve-lo). The Maharam Mi-Rotenburg likewise holds this position, and
notes that by lighting the Chanuka candles at sunset, when there is still some
daylight, one makes it clear that he lights for the sake of publicizing the
miracle, and not because he needs the light.
Some Rishonim (Rashba 21b, Ran
9a), however, imply that one should light at the second shekia, or at the
beginning of bein ha-shemashot (as defined by Rabbeinu Tam), which begins
about one hour after the astronomical sunset.
Rabbeinu Tam (Tosafot, Menachot 20b
s"v nifsal) and the Rosh (Shabbat 2:3) maintain that one should not light
until sof ha-shekia, or tzet ha-kokhavim, which, according to
Rabbenu Tam, occurs no earlier than 72 minutes after the astronomical
sunset.
The Shulchan Arukh (672:1)
rules that one should light at the "end of the sunset," referring to Rabbenu
Tam's tzeit ha-kokhavim, which occurs no earlier than 72 minutes after
sunset. The Vilna Gaon (Bi’ur
Ha-Gra s.v. sof), by contrast, ruled that one should preferably light at the
astronomical sunset (in accordance which his general view regarding the evening
times, as presented above). The Mishna Berura (1) seems to concur. In his Bi’ur Halakha, he writes
that one should preferably light at sunset before reciting the arvit
service. This was, indeed, the
practice of the students of the Vilna Gaon who moved to
Most communities do not follow the
position of Rabbeinu Tam regarding the beginning and conclusion of Shabbat.
With regard to Chanuka candles,
many people follow the custom to light neirot Chanuka at tzeit
ha-kokhavim, as defined by the Geonim (approx. 15-20 minutes after sunset in
In
One who lights before tzeit
ha-kokhavim should recite the arvit prayer only after candle
lighting. When should those who
light at tzeit ha-kokhavim recite arvit?
On the one hand, we might require them
to light immediately at tzet ha-kokhavim, without first reciting arvit, in order that they fulfill the
mitzva at the proper time, and fulfill as well the precept of "zerizin
makdimin la-mitzvot" (the zealous perform mitzvot as early as
possible). Furthermore, as the Peri Megadim (672:1) notes, according to
one reading of the Gemara the neirot Chanuka must be lit at the point of
mi-shetishka ha-chama, and reciting arvit first might therefore
jeopardize one's proper fulfillment of the mitzva. On the other hand, the
arvit service includes the shema recitation, which constitutes a
Biblical commandment, whose performance generally takes precedence over mitzvot enacted by Chazal. In addition, a frequent
mitzva generally takes precedence over an infrequent mitzva
("tadir ve-she’eino tadir- tadir kodem").
The Magen Avraham (5) writes
that one who has not yet recited arvit should first light the Chanuka
candles, as he is unlikely to forget to pray due to lighting neirot
Chanuka. R. Yaakov Reischer, however, in his Shevut Yaakov (2:40),
disagrees. The Chayei Adam
(124:20) similarly rules that one should first recite arvit, so long as
he will not miss the proper time for lighting as a result. The Arukh Ha-shulchan (4) indeed
records that it is customary to light Chanuka candles only after reciting
arvit.
One who feels unsure as to how to
practice may find comfort in the knowledge that he is in good company. R. Chaim
Benveniste (1603 - 1673), in his Shiyurei Kenesset Ha-gedola, relates
that during his childhood years he would light after praying arvit, in
accordance with his father's custom. At some point, however, he changed his
custom and began lighting before arvit. Later, upon learning a passage in
the Bach who insists that the majority of Acharonim advocate reciting
arvit first, he returned to his original family custom to light after
arvit.
We will soon discuss whether these
times are at all relevant to those who light inside their house, or in a society
in which people travel the streets even many hours after dark. First, let us address the question of
whether one may, under extenuating circumstances, light Chanuka candles earlier
than the prescribed time of mi-shetishka ha-chama.
The Rambam (4:5) writes that one
should light "with the sunset, neither later nor earlier,” clearly disqualifying
candle lighting before sundown. Similarly, the Behag, as cited by the Rashba and
Ran (above), also implies that one should not light before sunset.
The Rashba (21b) and the Ran (9a),
however, disagree. They comment
that although the Gemara requires lighting "from sunset until there is no
wayfarer in the street," it is certainly acceptable to light earlier than
sunset, just as one lights before sunset on Erev Shabbat.
Furthermore, the Orchot Chayim
(cited in the Beit Yosef) cites the Mahar"i Abuhav as allowing "one who
is busy" to light neirot Chanuka as early as pelag ha-mincha (1
1/4 halakhic hours before sundown), as long as he provides enough oil to sustain
the flame until at least a half-hour after tzeit ha-kokhavim. The
Mishna Berura (in accordance with the stricter opinion of the Terumat
Ha-deshen) calculates pelag ha-mincha as occurring 1 1/4 hour before
tzet ha-kokhavim (as opposed to before sundown).
The Shulchan Arukh codifies
this ruling of the Orchot Chayim. While a minority of commentators rule
that one who lights before sundown (on a weekday, as opposed to Erev Shabbat)
should not recite the berakha (see Kaf Ha-Chayim 672:3), most
poskim allow reciting the berakha in such a case (see, for
example, Mishna Berura 3).
Later, we will address the question of
whether it is preferable to light before the proper time, or appoint an agent to
light on one’s behalf at the proper time.
The Duration and Latest Time for
Hadlakat Neirot – in Talmudic Times
Recall that in explaining the
berayta’s comment that the mitzva of ner Chanuka extends “from sunset until there is
no wayfarer in the street," the Talmud (Shabbat 21b) writes, “if one has not yet
lit, he must light it; or, [it refers] to the statutory period [during
which the candles must burn]…"
The Rishonim take different
approaches in interpreting this passage.
Tosafot (s.v. de-i), Rosh (2:3)
and Rambam (4:5) understood that the Gemara offers two separate readings of the
berayta.
The first reading interprets "its
observance is from sunset until there is no wayfarer in the street" to mean that
one may light until the point where there are no wayfarers in the street, but
not afterwards. It also establishes that the candle must remain lit only until
the streets are empty.
The second reading explains that
theoretically, one may light the entire night, although the neirot must
remain lit for the amount of time described by the Gemara, namely, approximately
a half-hour.
Other Rishonim explain that the
Gemara's two answers are complementary, and not contradictory, and therefore one
may light until there "are no wayfarers in the street," but must ensure that the
candle remains lit for the prescribed shiur.
Regarding lighting after the
designated time, the Rambam (2:3), and the first opinion in Tosafot (cited
above), rule that one may not light after this point. Others (see RI Porat cited
by Tosafot) rule that since the Gemara does not explicitly rule in accordance
with either of the two readings of the berayta, one may, mi-safek (out
of doubt), light even after the prescribed time. Seemingly, according to this
view, one would not recite a berakha upon this lighting. The Rashba (21b
s.v. ve-ha), by contrast, rules that the Gemara never meant to exclude
lighting after the proper time, as "any mitzva whose time is at night may
be performed the entire night" (Megilla 20b); rather, one who lights later has
not fulfilled the mitzva in its optimal form.
The Shulchan Arukh (672:2)
rules:
"One who forgot, or intentionally did
not light with the sunset, may light until there are no longer wayfarers in the
street, meaning, approximately a half-hour, as during that time people still
roam the streets, and the miracle can still be publicized… However, this is only
the optimal performance ("le-chatkhila"); but if this time passes and one
has not lit, he may light the entire night…"
The Shulchan Arukh seems to
follow the Rashba’s position, though he emphasizes that preferably the
mitzva should be performed immediately at sunset. Interestingly, the Gra
rules that one who lights after the point of "tikhleh regel min ha-shuk"
should not recite a berakha. Common practice does not follow this
ruling. (However, as we will soon
see, there is some question whether one should recite a berakha if he lights late at night, when no
one else is present.)
For how long must the neirot
burn? The Gemara, as cited above, suggests in its second answer that the phrase
"its observance is from sunset until there is no wayfarer in the street"
teaches us the shiur, the required duration for which the candles must
burn. The
The Rosh (Shabbat 2:7) asserts that
since we follow the opinion that "hadlaka osa mitzva," as we discussed
last week, one must provide this quantity of oil before he lights. One who
lights and only then adds this required amount of oil does not fulfill the
obligation. The Shulchan Arukh (672:2) codifies this ruling of the Rosh.
In that same halakha, the Shulchan Arukh writes that
after the lights have burned for the minimum required duration (a half-hour),
one may then extinguish the flame, or make personal use the light (which is
ordinarily prohibited). The Magen Avraham (4), however, cites the
Maharshal and Bach as forbidding personal use of the light even after the
minimum required period has elapsed.
Based on what we’ve seen thus far, it
appears that one must – at least preferably – light at the beginning of the
evening, and ensure that the neirot burn for at least a half-hour.
However, our discussion of this
halakha must take into account
the different social realities that existed in Talmudic times. The Gemara's ruling is,
presumably, based upon the reality of marketplaces in
The Duration and Latest Time for
Hadlakat Neirot - Nowadays
After discussing the proper place to
light neirot Chanuka, the Gemara (Shabbat 21b) concludes, "In times of
danger one lights inside, and that is sufficient."
It is quite clear from the
Rishonim that the common practice in the Diaspora, especially in European
countries, was to light indoors, due either to the risks entailed in public
religious displays, or to poor weather conditions. A number of Rishonim
(Tosafot, Rashba, Rosh, Ran and others) note that one who lights inside no
longer directs the pirsumei nisa outward, to the street, but rather to
the members of the household. Therefore, they write, the optimal times mentioned
by the Gemara may no longer be relevant to their
situation.
Accordingly, the Rema (672:2) writes
that "in our days, when we light indoors, we no longer have to be concerned with
lighting before the wayfarers leave the market." However, he adds, “It is good to be
careful regarding this even nowadays." The Rashba (21b) similarly rules that
even nowadays one should light as early as possible, in light of the principle
of "zerizin makdimin la-mitzvot" - the zealous perform mitzvot at
the earliest time possible.
This ruling gives rise to the question
of whether one must ensure pirsumei nisa when lighting indoors. In this situation, must one actively
fulfill pirsumei nisa by lighting in front of people? Does one fulfill
the obligation if he lights later at night, when one's family members are
already sleeping?
Many Rishonim imply that one
who lights indoors recites a berakha even if he lights late at night,
anytime until morning (alot ha-shachar). The Maharshal (responsum 85), by
contrast, writes that one may recite a berakha only until midnight,
because after midnight there is no longer pirsumei nisa. The Hagahot
Maimoniyot (4:2) cites the ruling of R. Yitzchak that one may light only so
long as his family members are awake. Similarly, the Tur cites the Sefer
Ha-Teruma’s comment that it is "proper" to light while one's family members
are still awake.
This question is debated by the
Acharonim, as well. Some authorities write that if one lights after the
time of tikhleh regel min ha-shek and there are no longer family members
awake, he should light without a berakha (Magen Avraham, Mishna
Berura 6, Arukh Ha-shulchan 7, and others). The Mishna Berura
(6) advises that in this situation one should awaken his family members so that
he can recite the berakha. The Magen Avraham (6) requires the
presence of at least two other people (besides the person lighting), while the
Arukh Ha-shulchan (7) writes that even the presence of one other person,
even a child, warrants lighting with a berakha. Others adopt the position
of the Maharshal and rule that after midnight one lights without a
berakha. A number of other poskim (see Sha’ar Ha-Tziyun
17), however, including R. Moshe Feinstein (Iggerot Moshe 4 105:7), R.
Shlomo Zalman Auerbach (Shalmei Mo’ed, p. 218) and R. Ovadya Yosef
(Yalkut Yosef – Moadim, p. 218 and Chazon Ovadya – Chanuka, p. 64)
permit lighting with a berakha until dawn.
One might question whether pirsumei
nisa to non-Jews may also justify lighting with a blessing. In explaining the phrase, “until there
is no wayfarer in the street” (see above), the Gemara identifies these
“wayfarers” as “the Tarmodians." Rashi explains that the Tarmodians were a group
of people assigned the job of collecting firewood. They would stay in the market
until all the merchants have returned home and lit fires, in order to sell
firewood to those who needed. It is unclear whether we are concerned with
publicizing the miracle to the non-Jewish Tarmodians, or to the Jews who would
return to the market to purchase wood. The
R. Moshe Feinstein (Iggerot
Moshe O.C. 4, 105:7) writes that publicizing the miracle to non-Jews does
not fulfill pirsumei nisa. By contrast, Rav Shimon Sofer (1850 – 1944)
writes in his responsa Hit’orerut Teshuva (3, 457:1) that even one who
lives among non-Jews should light outside in order to publicize the miracle, as
we are certainly interested in publicizing God's greatness to non-Jews
(Yechezkel 38:23).]
In many communities in Israel, as well
as some in the Diaspora, the original practice to light outdoors has been
restored. However, one might still argue that since our streets are often
traveled until the later hours, the parameters of tikhleh regel min
ha-shuk should be affected. Indeed, some Acharonim (see, for example,
Moadim U-Zemanim 2:141, Mikra’ei Kodesh 4:1) suggest that one who
cannot light at sunset should at least strive to light while there are still
people in the streets, in order to fulfill lighting before "the wayfarers have
left the market." Even if one cannot light before the point of tikhleh
regel as defined in Talmudic times, he should at least endeavor to light
while today’s “wayfarers” are still in the streets. As we noted above, some
opinions maintain that one who lights after that time should no longer recite a
berakha.
Similarly, one might ask whether
today’s circumstances will affect the duration of time for which the candles
must burn. In general, some Rishonim mention that it is meritorious to
provide enough oil to sustain the flame until late at night. The Leket
Yosher, for example, recounts that his teacher, the Terumat
Ha-deshen, would instruct his students to light successively, rather than
simultaneously, so that the miracle will be publicized throughout the
night.
More specifically, some authorities
suggest that if people roam the streets until late at night, the ner Chanuka must likewise burn until late. The Ritva (Shabbat 21b), for
example, writes that the required duration may fluctuate depending upon where
someone lives. Indeed, the Brisker Rav and R. Shlomo Zalman Auerbach reportedly
made a point of ensuring that their lights burned until late at night. By
contrast, the Chazon Ish reportedly extinguished his lights a half-hour after
the tzet ha-kokhavim of the Rabbenu Tam in order to emphasize that the
mitzva is fulfilled only during the first half-hour. (According to
Sefer Uvdot Ve-hanhagot Le-Beit Brisk, vol. 2, p. 99, R. Yitzchak Zeev
Soloveithcik agreed that ad she-tikhleh is defined as an objective
shiur of a half-hour, but still arranged for his candles to burn until
the later hours as a hidur, as mentioned above.)
One Who Cannot Light at the Proper
Time
It often happens during Chanuka that
one finds himself unable to light the Chanuka candles at the proper time. For
example, one may need to leave home before dark, planning to return only much
later. Or, circumstances may demand lighting at an earlier hour, due to
work-related responsibilities or family obligations, or simply in order to
include the entire family in the fulfillment of the mitzva.
Theoretically, three options present
themselves in this situation. One
may light later at night, light before sundown, or assign a shaliach
(agent), such as a spouse or other family member, to light on his behalf at the
proper time.
The possibility of assigning a
shaliach emerges from the Gemara (Shabbat 23a) which tells that R. Zeira
would rely on his wife’s lighting at home when he would travel on Chanuka. One might question, though, why this
mitzva, as opposed to other mitzvot, such as lulav, tefillin
and tzitzit, may be fulfilled through an agent. Furthermore, as we will soon
see, it is questionable whether R. Zeira’s situation is really one of
shelichut at all.
The Ramban (Pesachim 7a),
amidst his discussion of the various formulas of birkot ha-mitzva,
suggests that when one performs a mitzva which can be performed
le-khatechila through an agent, such as bi’ur chametz, berit mila
and shechita, he recites the berakha of “al…" (e.g. “al
ha-mila). However, over
mitzvot which cannot be fulfilled through an agent, such as tefillin,
tzizit and sitting in a sukka, one recites the berakha,
“la-“ (le-haniach tefillin, le-shev ba-sukka). He then proceeds to
question why we recite "le-hadlik ner shel chanuka" over the kindling of
Chanuka lights, despite the possibility of fulfilling the mitzva through
an agent.
The Ramban offers two somewhat cryptic
answers. First, he notes the complexity of ner Chanuka, as it entails both lighting and
witnessing. (One who sees neirot Chanuka burning, under certain
circumstances, as we will discuss in a future shiur, recites the
berakha of she-asa nissim.) While the element of lighting may be
fulfilled through a shaliach, the other component of the mitzva, viewing
the lights, must be fulfilled by the individual himself, and therefore the
appropriate blessing is le-hadlik.
Secondly, the Ramban suggests that
"the lighting is the mitzva - which achieves the mitzva…" In other
words, one does not fulfill the mitzva through the act of lighting;
rather, the mitzva is fulfilled as a result of the fact that the candles
burn. Ostensibly, the Ramban is suggesting that unlike most other
mitzvot, the focus of the neirot Chanuka obligation is not the act
of lighting, but rather the result of having a ner Chanuka burning in
one's house. We related to this question previously (http://vbm-torah.org/archive/moadim69/07-69moed.htm),
as we questioned whether the mitzva is defined as a chovat
ha-gavra (an individual mitzva) or a chovat bayit (a
mitzva upon the home).
In light of the Ramban’s comments, we
might reevaluate the situation of assigning a shaliach to light Chanuka
candles on one’s behalf. The
agent’s lighting might not constitute classic shelichut, whereby one’s
agent’s action is attributed to him.
Rather, one perhaps fulfills the mitzva by the very fact that a candle is
lit in his house, regardless of who lit it.
In any event, once we’ve established
that one may assign somebody else to light on his behalf, the question arises as
to whether it is preferable to light through an agent at the optimal time, or to
light personally earlier or later.
1) Lighting with a shaliach
versus lighting early:
In a case where one must choose
between lighting before sundown and appointing a shaliach to light after
sundown (and he will be unable to light personally even later at night), R.
Shmuel Wosner (a contemporary Israeli posek) rules (Shevet Ha-levi
4:64) that one should preferably appoint an agent to light after sundown.
Lighting before shekia, he writes, while acceptable under extenuating
circumstances, is still a questionable practice. Even if one is to return later
at night, R. Wosner writes, it is preferable to light at that point than to rely
upon those who permit lighting after pelag ha-mincha.
2) Lighting with a shaliach
versus lighting late:
When one must choose between
appointing a shaliach to light on time and lighting personally later at
night, he faces the more complex question of whether the punctual fulfillment of
the mitzva through a shaliach is preferable to personal
fulfillment. Essentially, he must
chose between the values of zerizin makdimin le-mitzvot – performing mitzvot as early as possible – and mitzva bo yoter mi-beshelucho –
the preference of personal performance over assigning a shaliach. In
addition, lighting immediately after shekia may be preferable not merely
because of "zerizin makdimin," but also because that is intrinsically the
ideal time for performing the mitzva.
Some authorities, including R. Ovadya
Yosef (Yechaveh Daat 3:51), R. Binyamin Zilber (Az Nidberu 3 30:3)
and R. Yitzchak Ze’ev Soloveitchik (Uvdot Ve-hanhagot Le-beit Brisk),
recommend appointing a shaliach, such as a friend, spouse or other family
member, to light at the proper time. Others (Shevet Ha-levi 4:66),
however, prefer that one light personally, even later in the evening.
Presumably, those who believe that one
who lights after there is no longer any pirsumei nisa should not recite a
berakha (see above) would prefer appointing a shaliach over
lighting personally late at night.
There are, however, other factors
worth considering. Is it, for example, preferable for one who must consistently
work late to ALWAYS fulfill the mitzva through an agent, and NEVER
fulfill the mitzva himself? Furthermore, at times, lighting through a
shaliach, or not waiting for other family members to return home, may
adversely affect shalom bayit (domestic harmony). The Gemara (Shabbat
23b) itself teaches that if one must choose between neir Chanuka and
neir baito (the Shabbat lights), one should choose the neir beito
in the interest of shalom bayit.
Indeed, R. Shlomo Zalman Auerbach
(Halikhot Bat Yisrael 21:9) advises the wife of a shopkeeper who returns
late at night to wait for her husband if lighting without him would affect their
marital harmony. Similarly, R.
Moshe Feinstein instructs a man, who usually lights with his family, to delay
lighting until his family arrives (Halachos of Hanukka, pg. 34).
Is learning Torah a sufficient reason
to delay lighting neirot Chanuka? The Maharshal (Teshuvot 85) writes that
one should not eat or even learn before lighting neirot Chanuka (see
below). R. Herschel Schachter (Mi-peninei Ha-Rav, p. 147) records that
when the afternoon kollel was first established in
It is customary in most yeshivot
and kollelim in
Eating Before Hadlakat
Neirot
Finally, may one eat or drink before
fulfilling the mitzva of hadlakat neirot?
The Maharshal, in his summary of the
laws of Chanuka (Teshuvot Ha-Maharshal 85 – Kitzur Dinei Chanuka), writes
that once the time for performing the mitzva arrives, one should refrain
from eating and even Torah learning. Some (see Sha'ar Ha-tziyun 14)
suggest that one should refrain from eating already a half-hour before the time
for lighting.
The Acharonim (see R. Joseph
Yospa Hahn, in his collection of laws and customs of the
Next week we will discuss the proper
place for lighting, as well as the halakhot relevant to one who travels
during Chanuka.