Chapter 139 : Chapter 139 Laws of Chanukah

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§1

During the era of the Second Beis Hamikdash when the Greek kingdom was in power, they imposed evil decrees against the Jewish people, designed to put an end to their religion. They did not permit them to study the Torah or to perform the mitzvos; they plundered their property, [abducted] their daughters, entered the Temple, violating its sanctity and defiling its purity. Yisrael was in great distress because of them, for they oppressed them bitterly, until the God of our fathers took pity on them and delivered them from their dominion, and rescued them. The Hasmoneans, the sons of the Kohein Gadol defeated and killed them, and delivered Yisrael from their dominion. They appointed as king one of the Kohanim, and the Kingdom of Yisrael returned to power and [endured] for more than two hundred years, until the destruction of the Second Beis Hamikdash. When Yisrael triumphed over their enemies and destroyed them, —this happened on the twenty-fifth of Kislev—, they entered the Beis Hamikdash, and found of the pure oil in the Beis Hamikdash only one jar, that was stamped with the seal of the Kohein Gadol. This oil was sufficient to burn for only one day, but they lit the lights of the Menorah with it [and it lasted] for eight days, until they crushed olives and extracted pure oil. For this reason the Sages of that generation ordained that these eight days, beginning on the twenty-fifth of Kislev, should be days of rejoicing and praise. We kindle lights in the evening near the entrance to the house every night, during these eight nights, in order to display and reveal the miracle. These days are called Chanukah, which means [it is a contraction of] chanu chaf-hei [they rested on the twenty-fifth]. For on the twenty-fifth of Kislev they rested from their enemies [onslaughts]. Another reason [for the name Chanukah] is that during these days they dedicated the Beis Hamikdash [Chanukas habayis], that had been defiled by the oppressors. Some authorities say, therefore, that it is a mitzvah to somewhat embellish the meals on Chanukah. Another reason for celebrating Chanukah is that the construction of the Mishkan was completed during these days. You should tell your family the story of the miracles that were performed for our forefathers, during these days (see Flavius Josephus). Nevertheless, a Chanukah feast is not considered a mitzvah, unless you sing hymns and praises to Hashem during the meal.¹In his responsa, Maharshal writes that it is fitting and proper that this festivity be combined and saturated with the spirit and joy of Torah. Biur Halachah writes: “Adding to our grave sins, there are those who have substituted card playing and other secular frivolities instead of hymns and praises [at their so called Chanukah parties].” (Biur Halachah 670:2) On Chanukah you should give charity generously, for the days of Chanukah are auspicious to correct flaws of the soul through the giving of charity,²It has always been a custom for the poor to ask for charity during the days of Chanukah. (Mishnah Berurah 670:1) especially when it is given to support poor, Torah scholars.

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§2

Fasting is not permitted on Chanukah. However, on the day before Chanukah and on the day after Chanukah, it is permitted to deliver a eulogy³Eulogies are forbidden on the days of Chanukah itself. and to fast.

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§3

You are permitted to work on Chanukah. But women follow the custom, not to do any work during the time the Chanukah lights are burning, and you should not [cause them] to treat this matter lightly. The reason that women are more stringent about this [than men], is that the cruelty of the evil decree was directed mainly at Jewish women. For [the Greeks] decreed that a virgin girl before her wedding must first cohabit with the general. Another reason for this is that the miracle came about through a woman. The daughter of Yochanan the Kohein Gadol was a very beautiful girl, and the ruthless king wanted her to lie with him. She told him that she would fulfill his request; and she served him cheese dishes, so that he would be thirsty, and drink wine; then become intoxicated, and fall asleep. That is precisely what happened. Then she cut off his head and brought it to Jerusalem. When the general saw that the king was dead, he [and his army] fled. Therefore, some people have the custom to eat dairy dishes on Chanukah, to commemorate the miracle achieved by means of a dairy product.

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§4

All kinds of oil are valid for the Chanukah lights. Nevertheless, the mitzvah done to perfection is to use olive oil, similar to the miracle in the Beis Hamikdash, which was achieved with olive oil. If this cannot be obtained you should select another kind of oil that gives a clear, bright flame, or wax candles, for they also produce clear light. You should not use two candles braided together, for that would be like a torch; but each candle should [burn] by itself. You should not make the candles from wax that comes from houses of idol worship, for that is repulsive. All wicks are valid for Chanukah lights. The mitzvah done to perfection is to use cotton. It is not necessary to take new wicks every night, but you may light the old wicks until they are used up.

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§5

If you light a menorah made of earthenware, after you light it one night it deteriorates and you should not light it again the following night, because it is repulsive. Therefore, you should possess a beautiful menorah made of metal. If you can afford it, you should buy a silver menorah, in order to adorn the mitzvah.

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§6

It is the widespread custom in our regions [to follow the practice] of the most scrupulously observant, whereby each member of the family kindles one light on the first night, two lights on the second, and keeps adding until on the eighth night, he kindles eight lights. You should be careful that each person places his menorah in a separate place, so that one can easily tell how many lights are lit [that night]. The menorah should not be lit in a place where candles are lit all year, in order to make it manifestly clear that these are Chanukah lights.

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§7

It is a mitzvah to light the menorah in the doorway that opens to the street, [public domain], in order to publicize the miracle; and it was done in this manner in the days of the Mishnah and the Talmud. Now, since we live among non-Jews, we light the menorah in the house, and if you have a window facing the street, you should light it there; if not, you should light it near the door. It is a mitzvah to place the menorah within a tefach⁴See glossary. of the left side of the door so that the mezuzah will be on the right⁵If for whatever reason there is no mezuzah, the Chanukah menorah should be placed on the right side of the door. (Shulchan Aruch 671:7) and the Chanukah lights on the left, and in so doing you find yourself surrounded by mitzvos. It is preferable to place the menorah within the open space of the door.

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§8

The mitzvah requires that [the menorah] be placed higher than three tefachim⁴See glossary. above the floor and lower than ten tefachim. But if you placed it higher than ten tefachim you have fulfilled your obligation. However, if you placed it higher than twenty amos⁴See glossary. you have not fulfilled your obligation, because when it is placed higher than twenty amos it is out of the range of vision. If you live on an upper floor you may place [the menorah] in the window, even though it is higher than ten tefachim from the ground. But if the window is higher than twenty amos from the ground of the public domain, where it is out of visual range of the people walking in the street, then it is preferable to place the lights near the door.

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§9

The lights should be placed in an even row; one should not be higher than the other. Space should be left between the lights,⁶The space should be the width of a finger. (Mishnah Berurah 671:18) so that the flames will not merge and look like a torch. Wax candles should be separated,⁶The space should be the width of a finger. (Mishnah Berurah 671:18) so they will not become heated from each other and cause the wax to melt, and become spoiled. If you fill a dish with oil and put wicks around it, and you place a [perforated] cover on it, each wick counts as a separate light.⁷This is true only when the cover was in place before the wicks were lit but if they were lit and then covered, they must be extinguished, covered and then relit. (Ibid 671:13) If you did not place such a cover on it, it does not even count as one light, because it resembles a torch. A lamp that has two or more branches should not be kindled by two persons, even on the first night, because there is no way to tell how many candles were lit [for that night].⁸Mishnah Berurah comments that this is true when there are only two branches in the Menorah. Our Menorohs, however, have eight branches and may be used simultaneously by two persons, each lighting at opposite ends. (Ibid 671:12)

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§10

The time to light [the menorah] is immediately after the stars appear,⁹Those who follow the halachic decisions of the Vilna Gaon, customarily light the candles at sunset. and you should not delay it. It is forbidden to do anything before lighting the menorah, even to study Torah.¹⁰It is forbidden to do any work from one half hour before the actual time for lighting. See (Shaar Hatzion 672:14) who indicates that this does not apply to Torah study. Except, if you have not prayed Maariv, you should first pray and then light the menorah.¹¹Those who pray Maariv before lighting should have the menorah completely prepared with oil and wicks in order to be able to light them immediately after Maariv. (Mishnah Berurah 672:1) Before lighting the menorah, you should gather the entire family, in order to proclaim the event publicly. You should pour in enough oil to burn at least half an hour.¹²If you do not have sufficient oil to burn a half hour, you should light them without saying the berachah. (Biur Halachah 672:2) If, inadvertently, you did not light them immediately, you may light them and say the berachos, as long as the members of your family are still awake.¹³It is permitted in this situation only until day-break. (Mishnah Berurah 672:11) However, after the family is asleep it is no longer considered a public event, and you should light them without saying the berachos. If you will not have time to light the menorah at night, you may do it before that time and light the menorah from pelag haMinchah¹⁴You are also permitted to say the berachah. (Ibid 672:3), which is one and one-fourth hour before the stars come out, (these are "time-variable" hours, measured according to the length of daylight, see chapter 69:2 above. And in the season of Chanukah, when the days are short, the day is only ten hours long (measured by the clock), then pelag haMinchah, is one hour and two and one-half minutes before the stars appear). [You may kindle the menorah then] provided you pour in enough oil to burn until one-half hour after the stars become visible. If the lights do not burn that long you have not fulfilled the mitzvah.¹⁵In this case, you must light candles anew but without a berachah. (Biur Halachah 672:2)

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§11

According to our custom, the order of lighting the menorah is as follows: On the first night you kindle the light facing your right hand, on the second night you add one light to the left [of the previous night's light]; similarly, on each subsequent night you add one light to the left. The light that is added is always kindled first, and you continue lighting towards the right.

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§12

On the first night, you recite three berachos before lighting the menorah: Lehadlik [To kindle the Chanukah light], She'asa nisim [Who has performed miracles], and Shehecheyanu. On the other nights you do not say Shehecheyanu.¹⁶However, if for whatever reason you did not say Shehecheyanu on the first night, you should say it on the next night or whenever you are reminded. On the first night, however, if you remember after lighting the candles, you should not say Shehecheyanu on that night but rather wait until the next night and say it when lighting the candles. (Mishnah Berurah 671:2, Shaar Hatzion 3) After you say the berachos you kindle one light, and while kindling the others, you says, Haneiros halalu [These lights] etc. A convert to Judaism should say, "Who has performed miracles for Yisrael,"¹⁷Mishnah Berurah rules that a convert may say [even initially] the berachah: “Who has performed miracles for our fathers,” like any other Jew. (Mishnah Berurah 675:14) but if he said "la'avoseinu," [for our forefathers], he has fulfilled his obligation. An onein [a mourner before the burial], [should not light the menorah], but he should let someone else light the menorah, and say the berachos, and [the onein] should respond Amein. But if there is no one else, then he should light the menorah himself but without saying the berachos.

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§13

It is a halachic rule that the act of lighting the menorah creates the mitzvah, which means, that the kindling is the essence of the mitzvah, and when you light the menorah the lights must be in their proper place and must have the proper amount [of oil]. Accordingly if you lit them when they were lower than three tefachim [off the ground] or higher than twenty amos, and after they were already burning you placed them in their proper place, they are not valid.¹⁸The Poskim have written that even when the Menorah was lit in a proper place, it should not be moved to another [proper] place until after the candles had burned at least a half hour. This applies even to the Menorah that is lit in the synagogue. Others are more stringent, maintaining that the menorah should not be moved at all while it is burning. (Mishnah Berurah 675:6, See also Shaar Hatzion 672:12) Similarly, if, when you lit them, they did not have the required amount of oil, and afterwards you added [oil], it is of no avail.¹⁹You must extinguish the candles, add the proper amount of oil, and rekindle the candles, but without a berachah. (Ibid 675:8) Similarly if you set the menorah in a place where the wind is blowing and the lights are bound to be extinguished, you have not fulfilled the mitzvah, and you must light them again, but you should not say a berachah. But if you put them in the proper place and they were extinguished by accident, you have fulfilled the mitzvah. Nevertheless, it is customary to kindle them again. It is the custom to be strict and not rekindle an extinguished light with another Chanukah light, but you should light it with the shamash or with some other candle.

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§14

During the time [they are burning] in fulfillment of the mitzvah, that is, one-half hour,²⁰Others are stringent, maintaining that this prohibition applies during the entire time they are burning. (Ibid 672:8) it is forbidden to have any benefit from their light. It is the custom therefore, to place the shamash near them so that if you use the light, [for any personal purpose] you will be using the light of the shamash. You must place [the shamash] a little higher than the other lights, so that it is recognized that it is not one of the required number of lights.

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§15

The menorah is lit in the synagogue in order to herald the miracle publicly and the berachos are said over them. The menorah is placed near the southern wall, and it is kindled between Minchah and Maariv. But you cannot fulfill your obligation with the lighting of the menorah in the synagogue.²¹This applies even to the person who lights the Menorah in the synagogue. (Ibid 671:45) You must light them yourself at home. A mourner²²A mourner refers to one whose parents died within the past twelve months or within thirty days if he mourns for his wife, son, daughter, brother, or sister. should not light the menorah in the synagogue on the first night, because he has to say Shehecheyanu, and a mourner should not say Shehecheyanu publicly; but he may say Shehecheyanu in his house.

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§16

Women are obligated to kindle the Chanukah lights, because they were involved in the miracle of Chanukah, (see paragraph 3 above). A woman may light the menorah on behalf of her entire family. A child who has reached the age to be trained [for mitzvos] must also light the menorah. If a blind person can become someone's partner by contributing towards buying the Chanukah lights, fulfilling his obligation through his partner's lighting that would be best. If he has a wife, she should light the menorah for him; but if he has no wife and lives by himself, so that he cannot become anyone's partner, he should light it with someone's assistance.²³He should, however, not say the berachos. (Ibid 675:10)

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§17

On erev Shabbos you should first kindle the Chanukah lights, then the Shabbos candles²⁴According to most Poskim, however, if you have not yet accepted the Shabbos [mentally], even though you lit the Shabbos candles, you may still light the Chanukah candles. A woman who usually accepts the Shabbos when lighting candles, should not light Chanukah candles after she lit the Shabbos candles. (Ibid 679:1; See also Shaar Hatzion 679:2; See also Kitzur Shulchan Aruch 75:5) but it should be after pelag haMinchah.²⁵See Kitzur Shulchan Aruch Chapter 69:2. Before lighting them you should pray Minchah. You must put in enough oil to keep them burning until one-half hour after the stars come out, otherwise the berachos you say over them are in vain. If you light the menorah near the door, you must be careful²⁶This ruling applies to weekdays as well. (See Mishnah Berurah 680:1) to place something between it and the door, so that the wind will not blow it out when the door is opened and closed.

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§18

On Shabbos night you should recite Havdalah²⁷According to Ramah, the precedure is reversed—the Chanukah lights are kindled before the Havdalah is said. Everyone should adhere to the custom of the community. (Mishnah Berurah 681:3) and then kindle the Chanukah lights. In the synagogue the lights are kindled before Veyiten lecha is said.

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§19

If you are away from home,—out of town; if you know that your wife²⁸This is true only if you are certain that she is lighting them, but if you have any doubt, you should light them and say the berachos. (Mishnah Berurah 677:8) lights the menorah at home, you should light it wherever you are without saying the berachos. If possible, it is best to hear the berachos from someone who is lighting the menorah there, and have in mind to fulfill your obligation with his berachos, respond Amein, and after that, kindle the menorah, without saying the berachos. But if your wife does not light the menorah at home; similarly, yeshivah students boarding with a family must light the menorah and say the berachos or else, they should become partners²⁹Mishnah Berurah based on Magein Avrohom writes that if they have a private room it is best that they light themselves rather than joining in partnership with the head of household. (Mishnah Berurah 677:7, 8) with the head of the household by giving him several coins, and thus they will also own a share of the oil and the wick. The head of the household should add a bit more oil than is required for the partner [or partners]. They should, however, make an effort to light their own menorah. If you are in town but in someone else's house, when it is time to light the menorah you must return home and light it.

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§20

The oil that is left in the menorah after Chanukah, as well as the wicks, should be burnt in a bonfire, because they were set aside for a mitzvah. It is forbidden to derive any benefit from them, unless you had made a provision beforehand that you do not set aside what will be left [after Chanukah].

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§21

During the eight days of Chanukah we say in the Shemoneh Esreih Al hanisim [For the miracles]. If you forgot to say it, and become aware of it before you said the Name of God in the berachah Hatov shimecha ["The Beneficent is Your Name," etc.], you should turn back and start Al hanisim. But if you became aware of it after you pronounced the Name of God, you should conclude the berachah and not turn back [to Al hanisim].³⁰However, after concluding Shemoneh Esrei, before saying, Yehe Leratzon (May there be pleased acceptance), you should say a prayer that the Almighty should perform miracles and wonders for us as He did for our ancestors in those days in this time, in the days of Matisyahu etc. (Ibid 682:4) (Concerning Birkas Hamazon see Chapter 44:16 above.)

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§22

During the eight days of Chanukah we recite the complete Halleil, and we do not say Tachanun, nor Keil erech apayim, nor Lamenatzei'ach nor Tzidkasecha tzedek. (For the halachah concerning the saying of Halleil in a mourner's house, see Chapter 207:6 below).

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§23

Each day [of Chanukah] we call up three men [for the reading of the Torah] from the chapter "The Offerings of the Princes" in the weekly portion of Naso. On the first day we begin to read for the kohein, from Vayehi beyom kalos Moshe, [On the day that Moses completed] (Numbers 7:1) until Lachanukas hamizbei'ach, [For the dedication of the altar]; for the Levi, Vayehi hamakriv bayom harishon, [The one to bring his offering on the first day] etc. until melei'ah ketores [Filled with incense]. For the Yisrael, Par echad, [One young bull] etc., until Ben Aminadav. On the second day for the kohein and the Levi, we read, Bayom hasheini [On the second day] etc., and for the Yisrael, Bayom hashelishi, [On the third day] etc. Similarly, on each subsequent day for the kohein and the Levi we read of the current day's offering, and for the Yisrael, the offering of the next day. On the eighth day, for the kohein and the Levi, we read, Bayom hashemini [On the eighth day] etc., and for the Yisrael we begin with Bayom hatesh'i, [On the ninth day], completing the entire parashah, and we continue in parashas Beha'alosecha, until kein asa es hamenorah, [So did he make the menorah] (Numbers 8:4).

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§24

On Shabbos Chanukah, two sifrei Torah are taken out of the Ark. In the first one we read the weekly portion;³¹At least seven men should be called up to read from the first seifer Torah. (Ibid 684:5) and in the other we read the Maftir the "day" that corresponds to the current day of Chanukah. We read the Haftarah, Roni vesimchi [Sing and rejoice] (Zechariah 2:14). If another Shabbos occurs on Chanukah, we read for Maftir [on the second Shabbos Chanukah] from Melachim I (First Kings) 7:40 where the menorohs of Solomon [are mentioned]. If Rosh Chodesh Teiveis occurs on a weekday, two sifrei Torah are taken out of the Ark. In the first one we read the portion of Rosh Chodesh for three men; we then read for the fourth person in the other seifer Torah the reading of the current day of Chanukah, because Rosh Chodesh is more frequent [than Chanukah], and it is an halachic rule, when a regular practice [conflicts with] an occasional practice the regular practice takes precedence. Therefore, the the Rosh Chodesh reading takes precedence. If, by mistake, the portion of Chanukah is read first; and even if the reading has not yet begun, but the one called up had already said the berachah,³²If he said: Baruch ata Hashem, but if he had not said Hashem, it is not yet considered a berachah. (Biur Halachah 684:3) there is no need to interrupt, and the reading should be concluded. After that, they should read for the other aliyos the portion of Rosh Chodesh. If they read the portion of Rosh Chodesh in the first [seifer Torah], as indeed they should, but by mistake, they called up the fourth person also to the portion of Rosh Chodesh, even if they became aware of it immediately after he said the [concluding] berachah, then, if only one seifer Torah was taken out, no further reading is required. But if two sifrei Torah were taken out, and there is reason to fear that the [unused] seifer Torah will be slighted, because people will wrongly conclude that it is defective, a fifth person must be called for whom the portion of Chanukah is read. After this fifth aliyah, the half-kaddish is recited.

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§25

If Rosh Chodesh Teiveis occurs on Shabbos, three sifrei Torah are taken out. In the first one, six men are called up for the reading of the parashah of the week. To the second seifer Torah, a seventh person is called for the reading of Rosh Chodesh, beginning from Uveyom haShabbos [And on the Sabbath day] (see Chapter 78:1 and Chapter 79:1 above). Then [half-kaddish] is said. In the third seifer Torah, Maftir is read, from the nasi of the current Chanukah day. For the Haftarah we read Roni vesimchi. Although the more frequent takes precedence, this rule applies only to Torah reading, where both [Rosh Chodesh and Chanukah] are read, but in the case of the Haftarah where only one is read, we put aside Rosh Chodesh and read the Haftarah of Chanukah, to publicize the miracle.

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§26

The fifteenth day of Shevat is "Rosh Hashanah for Trees." We do not say Tachanun on that day, and it is the custom to eat many different kinds of tree-grown fruit.