Halacha
הלכה א
כַּמָּה נֵרוֹת הוּא מַדְלִיק בַּחֲנֻכָּה. מִצְוָתָהּ שֶׁיִּהְיֶה כָּל בַּיִת וּבַיִת מַדְלִיק נֵר אֶחָד בֵּין שֶׁהָיוּ אַנְשֵׁי הַבַּיִת מְרֻבִּין בֵּין שֶׁלֹּא הָיָה בּוֹ אֶלָּא אָדָם אֶחָד. וְהַמְהַדֵּר אֶת הַמִּצְוָה מַדְלִיק נֵרוֹת כְּמִנְיַן אַנְשֵׁי הַבַּיִת נֵר לְכָל אֶחָד וְאֶחָד בֵּין אֲנָשִׁים בֵּין נָשִׁים. וְהַמְהַדֵּר יוֹתֵר עַל זֶה וְעוֹשֶׂה מִצְוָה מִן הַמֻּבְחָר מַדְלִיק נֵר לְכָל אֶחָד בַּלַּיְלָה הָרִאשׁוֹן וּמוֹסִיף וְהוֹלֵךְ בְּכָל לַיְלָה וְלַיְלָה נֵר אֶחָד:
כסף משנה
1.
How many candles should one light on Chanukah? The1minimal requirement to fulfill the mitzvah is that a single candle should be lit2on each night of the holiday in each and every house,3Significantly, the mitzvah of lighting Chanukah candles is connected with an individual's home as well as with his person. Therefore, as mentioned in Halachah 11, a person who is a guest at the home of others need not share in the lighting of the candles if he knows that candles are being lit in his own home. regardless of whether there are many members of the household, or merely one person [lives] there.4Shabbat 21b states: "The mitzvah of Chanukah requires a candle for a man and his household."A person who performs the mitzvah in a beautiful and conscientious manner should light candles for every member of the household,5Shabbat 21a.
From the Rambam's statements, it appears that the additional light is kindled by the master of of the household and not by each of the members of the household themselves. Even according to this interpretation, however, the custom of each child lighting Chanukah lights is valuable as an expression of chinuch, training them in the observance of the mitzvot. whether male or female.6As stated in Chapter 3, Halachah 4, women are obligated to fulfill the mitzvah of lighting Chanukah candles. Nevertheless, separate candles should not be lit for one's wife (Mishnah Berurah 671:9). Similarly, in some communities, even when candles are lit for every member of the household, they are not lit for girls under the age of Bat Mitzvah.
A person who is even more conscientious in his performance of the mitzvah than this and observes the mitzvah in the most desirable manner7Shabbat (loc. cit.) describes such a person as mehadrin min hamehadrin. should light candles for every member of his household, a candle for each individual, whether male or female, on the first night.8i.e., these people also fulfill the practice of the mehadrin. See Tosafot (Shabbat, ibid.), who differ. See also the commentary on Halachah 3. In addition, On each subsequent night, he should add a candle [for each of the members of the household].9e.g., on the second night, he lights two candles for each of the members of the household, as explained in the following halachah.
"IR1100Shabbat (ibid.) mentions a difference of opinion between the School of Hillel and the School of Shammai. The School of Shammai maintains that eight candles should be lit on the first night, seven on the second, etc. The School of Hillel, in contrast, maintains that "one should increase in holy matters and not decrease," and one therefore begins with one candle and adds a new candle every night.
הלכה ב
כֵּיצַד. הֲרֵי שֶׁהָיוּ אַנְשֵׁי הַבַּיִת עֲשָׂרָה. בַּלַּיְלָה הָרִאשׁוֹן מַדְלִיק עֲשָׂרָה נֵרוֹת וּבְלֵיל שֵׁנִי עֶשְׂרִים וּבְלֵיל שְׁלִישִׁי שְׁלֹשִׁים עַד שֶׁנִּמְצָא מַדְלִיק בְּלֵיל שְׁמִינִי שְׁמוֹנִים נֵרוֹת:
כסף משנה
2.
What does the above imply? When there are ten members of a household, on the first night one lights ten candles, on the second night - twenty, on the third night - thirty, until on the eighth night, one lights eighty candles.הלכה ג
מִנְהָג פָּשׁוּט בְּכָל עָרֵינוּ בִּסְפָרַד שֶׁיִּהְיוּ כָּל אַנְשֵׁי הַבַּיִת מַדְלִיקִין נֵר אֶחָד בַּלַּיְלָה הָרִאשׁוֹן וּמוֹסִיפִין וְהוֹלְכִין נֵר בְּכָל לַיְלָה עַד שֶׁנִּמְצָא מַדְלִיק בְּלֵיל שְׁמִינִי שְׁמוֹנָה נֵרוֹת בֵּין שֶׁהָיוּ אַנְשֵׁי הַבַּיִת מְרֻבִּים בֵּין שֶׁהָיָה אָדָם אֶחָד:
כסף משנה
3.
It is common custom in all of our cities in Spain that a single candle is lit for all the members of the household on the first night. We proceed to add a new candle on each and every night, until on the eighth night eight candles are lit. [This practice is followed] regardless of whether there are many members of the household or only one man [is lighting candles].1The Lechem Mishneh questions the custom mentioned by the Rambam. Since the Rambam maintains that the mehadrin min hamehadrin also observe the practice of the mehadrin, this custom seems inappropriate. It is not the custom of the mehadrin min hamehadrin, nor is it the minimum requirement of the law.The Lechem Mishneh justifies the custom, explaining that since each night additional light is added, there is a positive intent even though it does not follow the practice of the mehadrin min hamehadrin.
"IX The Shulchan Aruch (Orach Chayim 671:2) quotes the custom cited by the Rambam as halachah. The Ramah adds that in Ashkenazic communities the custom is to fulfill the mitzvah in the manner of mehadrin min hamehadrin - i.e., each member of the household lights candles, and each night an additional candle is added. It is significant that with regard to this mitzvah in particular, it is common custom throughout the Ashkenazic community, for everyone - even those who are not fully observant - to fulfill this mitzvah in "the most desirable manner."
הלכה ד
נֵר שֶׁיֵּשׁ לוֹ שְׁתֵּי פִּיּוֹת עוֹלֶה לִשְׁנֵי בְּנֵי אָדָם. מִלֵּא קְעָרָה שֶׁמֶן וְהִקִּיפָהּ פְּתִילוֹת. אִם כָּפָה עָלֶיהָ כְּלִי כָּל פְּתִילָה וּפְתִילָה נֶחְשֶׁבֶת כְּנֵר אֶחָד. לֹא כָּפָה עָלֶיהָ כְּלִי נַעֲשֵׂית כִּמְדוּרָה וַאֲפִלּוּ כְּנֵר אֶחָד אֵינָהּ נֶחְשֶׁבֶת:
כסף משנה
4.
When a candleholder has two openings,1and a wick is kindled in both of them it can be counted for two individuals.2Although both wicks use the same oil, since they protrude from separate portions of the candelabrum, they are considered to be separate lights.This law is applicable to the mehadrin (see Halachah 1), who light a candle for each individual (Rashi, Shabbat 23b). Alternatively, this law is relevant for two people whose doorways are adjacent to each other or when two people live in the same house, but do not share in their household expenses (Maggid Mishneh).
The Magen Avraham 671:2 states that according to the Ashkenazic custom, in which each person lights his own candles, two people should not light candles using the same candleholder even on the first night. A passerby might see the two lights and instead of thinking they were lit by two different people, he might err and think that one person lit both candles because it is the second night of the holiday.
Since the purpose of lighting candles is pirsumei nisa, publicizing the Chanukah miracle, the impression created in an onlooker's mind is significant. Therefore, two people should not light candles in this manner.
[The following rules apply when] one fills a bowl with oil and surrounds it with wicks: If one covers it with a utensil,3The flames from each of the lights will not merge together. Therefore, each of the wicks is considered to be a separate candle.4and is thus significant according to our custom of adding candles each night. If one does not cover it with a utensil,5The flames from each of the lights may merge together as a single flame. Therefore, it is considered to be a large fire, and is not counted even as a single candle.6A large fire may be used for several purposes and hence does not necessarily serve as a sign of the commemoration of the Chanukah miracle.
In light of this halachah, the Ramah (Orach Chayim 671:4) discusses the use of a circular candelabrum. The Mishnah Berurah 671:18 mentions that in such a candelabrum, each candleholder should be at least one fingerbreadth from the other.
הלכה ה
אֵין מַדְלִיקִין נֵרוֹת חֲנֻכָּה קֹדֶם שֶׁתִּשְׁקַע הַחַמָּה אֶלָּא עִם שְׁקִיעָתָהּ לֹא מְאַחֲרִין וְלֹא מַקְדִּימִין. שָׁכַח אוֹ הֵזִיד וְלֹא הִדְלִיק עִם שְׁקִיעַת הַחַמָּה מַדְלִיק וְהוֹלֵךְ עַד שֶׁתִּכְלֶה רֶגֶל מִן הַשּׁוּק. וְכַמָּה הוּא זְמַן זֶה כְּמוֹ חֲצִי שָׁעָה אוֹ יֶתֶר. עָבַר זְמַן זֶה אֵינוֹ מַדְלִיק. וְצָרִיךְ שֶׁיִּתֵּן שֶׁמֶן בַּנֵּר כְּדֵי שֶׁתִּהְיֶה דּוֹלֶקֶת וְהוֹלֶכֶת עַד שֶׁתִּכְלֶה רֶגֶל מִן הַשּׁוּק. הִדְלִיקָהּ וְכָבְתָה אֵינוֹ זָקוּק לְהַדְלִיקָהּ פַּעַם אַחֶרֶת. נִשְׁאֲרָה דּוֹלֶקֶת אַחַר שֶׁכָּלְתָה רֶגֶל מִן הַשּׁוּק אִם רָצָה לְכַבּוֹתָהּ אוֹ לְסַלְּקָהּ עוֹשֶׂה:
כסף משנה
5.
The Chanukah candles should not be kindled before sunset.1Most commentaries interpret the Rambam's intent as the time when the sun disappears from the horizon. The Tur and the Shulchan Aruch (Orach Chayim 672:1) interpret "sunset" in this context as referring to the time when there is no sunlight visible - i.e., the appearance of three stars. Many of the later authorities, however, accept the Rambam's ruling. (See the Be'ur Halachah 672.)The candles should not be lit before sunset, since their purpose is to publicize the Chanukah miracles. During the daytime, no one will notice them and this purpose will not be served. Instead, [they should be kindled] at sunset.2This is the ideal time to kindle them. Since the sun has already set, the candle's light will be noticed. On the other hand, since there is still some light outside, it is obvious that the candles are being lit for the purpose of publicizing the Chanukah miracle and not for one's individual needs. One should not light later3At night, it is customary to kindle lights. Therefore, if a person lights the candles at this time, an onlooker may err and think that he is lighting for his own needs and not for the sake of the mitzvah. Nevertheless, on Saturday night, when there is no alternative, we light the candles after the appearance of the stars. or earlier.4The Shulchan Aruch (Orach Chayim 672:1) cites an opinion which states that from plag haminchah (an hour and a quarter before nightfall) onward, a person who is busy and will not have an opportunity later may kindle the Chanukah lights. He must, however, place enough oil within them for them to continue burning for half an hour after nightfall.
On Friday night, we all rely on this opinion and kindle the Chanukah lights shortly before sunset. (See Shulchan Aruch, Orach Chayim 679).
Should one forget, or even if one purposely did not light at sunset,5although the most appropriate time for fulfilling the mitzvah has passed one may light afterwards until there are no longer any passersby in the marketplace.6Once the passersby no longer walk in the street, one will not be publicizing the Chanukah miracle by lighting candles.
How long a duration of time is this? Approximately half an hour or slightly more than that.7Thus, according to the Rambam, after half an hour past sunset, kindling the candles no longer fulfills a mitzvah. The Ramah (Orach Chayim 672:2) states that in the present age, since it is customary to light inside one's house (see Halachah 8 and commentary), the essential element of publicizing the Chanukah miracle is to involve one's own family in the candle lighting. Therefore, one fulfills the mitzvah as long as the members of one's household are awake.
The Ramah, nevertheless, counsels that at the outset, one should try to adhere to the stricter view. In light of these statements, the common practice of lighting the Chanukah candles well after nightfall should be examined. Is it correct to refrain willfully from fulfilling the mitzvah in the most desirable manner, and perhaps, according to the Rambam, not to fulfill it at all? Should this time pass, one should not kindle the lights.8This appears to indicate that, according to the Rambam, it is undesirable to light the candles afterwards. The Shulchan Aruch (Orach Chayim 672:2), however, quotes the opinion of the Tur, which states that if one did not light the candles at the proper time, one should light them throughout the night. (There is, however, a question about the recitation of a blessing.)
One should place enough oil in the lamp9When one lights the candles, they should have the amount of oil mentioned. It is improper to light with a smaller amount of oil and add more afterwards. (See Shulchan Aruch, Orach Chayim 675:2.) so that it will continue burning until there are no longer any passersby in the marketplace.10At present, in deference to the opinion that states that the time for candle lighting begins after nightfall, even when a person kindles Chanukah candles at sunset, enough oil should be placed in the candelabrum for the candles to burn until half an hour after nightfall. If one lit it and it became extinguished, one need not light it a second time.11The Shulchan Aruch (Orach Chayim 673:2) prefaces this law by stating the principle, "kindling fulfills the mitzvah." Although the Chanukah candles should burn for half an hour, one fulfills the mitzvah only when lighting them. Thus, one must light them in a manner that - barring any unexpected events - they will be able to burn for a half an hour - e.g., they must have a sufficient amount of oil to burn for that period and they must not be placed where they could be extinguished by the wind. Once a person has taken these precautions, however, he has no further obligation.
Note, however, the Mishnah Berurah 673:27, which states that it is proper to relight the candles so that they will burn for the desired time. If it remained burning until there are no longer passersby in the marketplace,12there is no longer any purpose in having the candles burning. Thus the mitzvah is concluded and therefore one may extinguish it or remove it13While the candles are burning, however, they should not be moved. See also Halachah 9 and commentary. if one desires.14Kinat Eliyahu notes that at the present time, it is customary for people to walk or travel at night after nightfall. For this reason, perhaps the Chanukah candles should be left burning for longer than a half an hour. For as long as they are burning, the intent of pirsumei nisa, publicizing the Chanukah miracle, is fulfilled.
הלכה ו
כָּל הַשְּׁמָנִים וְכָל הַפְּתִילוֹת כְּשֵׁרוֹת לְנֵר חֲנֻכָּה וְאַף עַל פִּי שֶׁאֵין הַשְּׁמָנִים נִמְשָׁכִים אַחַר הַפְּתִילָה וְאֵין הָאוּר נִתְלֵית יָפֶה בְּאוֹתָן הַפְּתִילוֹת. וַאֲפִלּוּ בְּלֵילֵי שַׁבָּת שֶׁבְּתוֹךְ יְמֵי חֲנֻכָּה מֻתָּר לְהַדְלִיק הַשְּׁמָנִים וְהַפְּתִילוֹת שֶׁאָסוּר לְהַדְלִיק בָּהֶן נֵר שַׁבָּת. לְפִי שֶׁאָסוּר לְהִשְׁתַּמֵּשׁ לְנֵר חֲנֻכָּה בֵּין בְּשַׁבָּת בֵּין בְּחל וַאֲפִלּוּ לִבְדֹּק מָעוֹת אוֹ לִמְנוֹתָן לְאוֹרָהּ אָסוּר:
כסף משנה
6.
All oils and all wicks are acceptable for use in the Chanukah lamps,1This is a contrast to the Sabbath laws. As explained in Chapter 2 of the tractate of Shabbat and Chapter 5 of the Rambam's Hilchot Shabbat, there are certain oils and wicks that are unacceptable for use for the Sabbath candles. even those oils that are not drawn after the wick2This is the primary reason one is not allowed to use these oils on the Sabbath. Since they are not drawn after the wick, their light does not burn brightly. A person might inadvertently tilt the lamp for the light to shine brighter, and thus transgress the Sabbath laws. There is no reason for caution in this regard on Chanukah, as explained below. Hence, there is no difficulty in using such oil.Although all oils are acceptable for the Chanukah candles, the Rabbis have suggested using olive oil, for this was the oil used to light the Menorah in the Temple (Ramah, Orach Chayim 673:1, Mishnah Berurah 673:4). If olive oil is not available, one should use beeswax candles. and even those wicks that do not hold the light well.3Here also, these wicks were forbidden for use for the Sabbath candles lest one tilt the light.
Although all wicks are acceptable, it is customary to use wicks of flax or of cotton (Mishnah Berurah 673:2). Even on the Sabbath nights of Chanukah, it is permitted to light4the Chanukah lights with oils and wicks that are forbidden to be used for the Sabbath lights.5Needless to say, the prohibition against using these candles for the Sabbath lights still remains in effect.
[The reason for this leniency is that]6In addition to the reason cited by the Rambam in this halachah, Shabbat 21b mentions the principle stated in the previous halachah: If a Chanukah candle is extinguished, there is no obligation to light it again.
Thus, the reason these wicks and oils may be used on the Sabbath of Chanukah can be explained as follows: We are not worried about the candles being extinguished, because even in that eventuality, there is no obligation to relight the candles. Nor are we worried that one will tilt the Chanukah candles so that their light will shine brighter, because: it is forbidden to use the Chanukah candles [for one's own purposes]7During the week, this prohibition applies only during the first half hour that the candles are burning. Afterwards, their mitzvah is completed, as stated in the previous halachah. whether on the Sabbath or on a weekday.8The Sabbath candles were instituted to bring about sh'lom bayit, "peace in the home," through the use of their light. In contrast, the Chanukah candles were instituted for pirsumei nisa, publicizing the Chanukah miracle. To emphasize this purpose, the Sages forbade using them for any other purpose.
Furthermore, the Chanukah candles were instituted to commemorate the miracle of the Menorah in the Temple. Thus, just as it is forbidden to use the Menorah's light for any worldly purpose, so too, the light of the Chanukah candles is prohibited (Mishnah Berurah 673:8). It is even forbidden to use their light to inspect or count coins.9Shabbat 22a relates that this prohibition was instituted so that the mitzvot would be viewed with respect. If a person were able to use the light of the Chanukah lamp for his own purposes, he would treat the mitzvah with little regard.
In this halachah, the Rambam is describing a situation when the Chanukah candles are lit outside the home (where it is unlikely that the light of the candles will be used for mundane purposes). In Halachah 8, he mentions the lighting of candles within the home (and it is likely that work will be carried out within the home at that time). Therefore, it is in that halachah that he mentions the custom of lighting another candle (the shamash) next to the Chanukah candles, so that if a person carries out an activity near the candles, he will be using the light of that additional candle.
See also the Shulchan Aruch (loc. cit.), which questions whether it is permissible to use the Chanukah candles for a holy purpose - e.g., to study Torah by their light.
הלכה ז
נֵר חֲנֻכָּה מִצְוָה לְהַנִּיחוֹ עַל פֶּתַח בֵּיתוֹ מִבַּחוּץ בַּטֶּפַח הַסָּמוּךְ לַפֶּתַח עַל שְׂמֹאל הַנִּכְנָס לַבַּיִת כְּדֵי שֶׁתִּהְיֶה מְזוּזָה מִיָּמִין וְנֵר חֲנֻכָּה מִשְּׂמֹאל. וְאִם הָיָה דָּר בַּעֲלִיָּה מַנִּיחוֹ בַּחַלּוֹן הַסְּמוּכָה לִרְשׁוּת הָרַבִּים. וְנֵר חֲנֻכָּה שֶׁהִנִּיחוֹ לְמַעְלָה מֵעֶשְׂרִים אַמָּה לֹא עָשָׂה כְּלוּם לְפִי שֶׁאֵינוֹ נִכָּר:
כסף משנה
7.
It is a mitzvah to place1As is obvious from Halachah 9, the Chanukah lamp should be placed outside before being lit."IR1200 the Chanukah lamp at the outside of the entrance to one's home,2As mentioned previously, the mitzvah of lighting Chanukah candles was instituted for the purpose of pirsumei nisa, publicizing the Chanukah miracle. Therefore, the candles should be placed at the outside of one's dwelling to attract the attention of the passersby in the public domain (Rashi, Shabbat 21b).
In a spiritual sense, this points to the potential possessed by the Chanukah candles to spread light beyond the normal limits of holiness. Generally, mitzvot are performed within a home or synagogue. In this instance, the nature of the mitzvah is to spread light to the public domain, to illuminate the darkness of the world at large.
"IX within the handbreadth that is closest to the doorway3If the candelabrum were placed any further away, it would not be obvious that the owner of the home placed it there for the purpose of kindling Chanukah lights (ibid.). on the left side as one enters the home,4Generally, mitzvot are associated with the right side; the left side, by contrast, is identified with the forces of evil. Lighting the Chanukah candle on the left indicates a potential to refine and elevate the forces opposed to holiness (Likkutei Sichot, Vol. V). so that the mezuzah will be on the right side5as is required (see Hilchot Mezuzah 6:12) and the Chanukah lamp on the left side.6so that the person kindling them will be surrounded by mitzvot.
The Shulchan Aruch (Orach Chayim 671:7) states that if there is no mezuzah in the doorway, the Chanukah candles should be lit on the right side.
When a person lives in a second storey apartment,7The Shulchan Aruch (ibid.:5) qualifies this to mean a second storey apartment that does not have a private entrance to the public domain or a courtyard. If the apartment has such an entrance, the Chanukah lamp should be lit at that entrance. he should place [the Chanukah lamp] in a window close to the public domain.8For the sake of pirsumei nisa. If [a person] places a Chanukah lamp more than twenty cubits9a cubit is between 18 and 24 inches, according to the varying Rabbinic opinions. Thus the Rambam is speaking about a height between thirty and forty feet. [above the ground], his actions are of no consequence,10i.e., he is not considered to have fulfilled the mitzvah because [the lamp] does not attract attention [at that height].11We see a similar concept with regard to the s'chach of a sukkah and the korah of an alleyway. If they are placed above twenty cubits, they are not acceptable (Hilchot Sukkah 4:11; Hilchot Shabbat 17:15).
Although the Rambam does not address himself to this issue, the Maggid Mishneh and similarly, the Shulchan Aruch (ibid.:6), state that the Chanukah lights should be placed between three and ten handbreadths high.
הלכה ח
בִּימֵי הַסַּכָּנָה מַנִּיחַ אָדָם נֵר חֲנֻכָּה בְּתוֹךְ בֵּיתוֹ מִבִּפְנִים וַאֲפִלּוּ הִנִּיחוֹ עַל שֻׁלְחָנוֹ דַּיּוֹ. וְצָרִיךְ לִהְיוֹת בְּתוֹךְ הַבַּיִת נֵר אַחֵר לְהִשְׁתַּמֵּשׁ לְאוֹרוֹ. וְאִם הָיְתָה שָׁם מְדוּרָה אֵינוֹ צָרִיךְ נֵר אַחֵר. וְאִם אָדָם חָשׁוּב הוּא שֶׁאֵין דַּרְכּוֹ לְהִשְׁתַּמֵּשׁ לִמְדוּרָה צָרִיךְ נֵר אַחֵר:
כסף משנה
8.
In a time of danger, a person may place a Chanukah lamp inside his house;1Shabbat 21b mentions this leniency. According to Tosafot, the danger refers to the persecutions of the Jews of Babylon by the ruling Persians for lighting candles mentioned in Shabbat 45a. Needless to say, there have been countless other periods of persecution in Jewish history.It is, however, significant that even in times when there was no obvious danger, the custom has been to light the Chanukah candles inside our homes. Even in the present day, when there is little danger of persecution in most places where Jews are located, it is not customary to light the Chanukah candles at the entrance to the home in most communities. even if he lit it on his table, it is sufficient.2i.e., there is no necessity to light near a doorway. The Ramah (Orach Chayim 671:7) states that it is preferable that the Chanukah lights be positioned near a doorway.
[Therefore,] another lamp must be burning in the house to provide light for one's [mundane] activities.3As mentioned in Halachah 6, it is forbidden to use the light of the Chanukah lamp for a mundane purpose. Since it is very likely that there will be some activity carried out in the house while the candles are burning, an additional light should be kindled. Note the Mishnah Berurah 673:14, which explains that the present custom is to kindle an additional light near the Chanukah candles, besides the light that is ordinarily burning in the room.
This light, called the shamash, should be placed apart from the Chanukah candles so that it can be distinguished from them (Shulchan Aruch, Orach Chayim 673:1). Often, many commercially produced Chanukah lamps fail to make a sufficient distinction between this candle and the Chanukah lights themselves. If a fire is burning in the house,4One can use the light it produces for one's mundane activities; therefore an additional candle is not necessary. For a prestigious person who does not normally use the light of a fire, an additional candle is required.5to serve the purpose of the shamash.
הלכה ט
נֵר חֲנֻכָּה שֶׁהִדְלִיקוֹ חֵרֵשׁ שׁוֹטֶה וְקָטָן אוֹ עַכּוּ''ם לֹא עָשָׂה כְּלוּם עַד שֶׁיַּדְלִיקֶנּוּ מִי שֶׁהוּא חַיָּב בַּהַדְלָקָה. הִדְלִיקוֹ מִבִּפְנִים וְהוֹצִיאוֹ דָּלוּק וְהִנִּיחוֹ עַל פֶּתַח בֵּיתוֹ לֹא עָשָׂה כְּלוּם עַד שֶׁיַּדְלִיקֶנּוּ בִּמְקוֹמוֹ. אָחַז הַנֵּר בְּיָדוֹ וְעָמַד לֹא עָשָׂה כְּלוּם שֶׁהָרוֹאֶה אוֹמֵר לְצָרְכּוֹ הוּא עוֹמֵד. עֲשָׁשִׁית שֶׁהָיְתָה דּוֹלֶקֶת כָּל הַיּוֹם כֻּלּוֹ לְמוֹצָאֵי שַׁבָּת מְכַבֶּה וּמְבָרֵךְ וּמַדְלִיקָהּ שֶׁהַהַדְלָקָה הִיא הַמִּצְוָה וְלֹא הַהַנָּחָה. וּמֻתָּר לְהַדְלִיק נֵר חֲנֻכָּה מִנֵּר חֲנֻכָּה:
כסף משנה
9.
A Chanukah lamp that was kindled by a deaf-mute, a mentally incapable person, a minor, or a gentile is of no consequence. It must be kindled by a person who is obligated to light it.Should the [Chanukah lamp] be kindled inside and then taken and placed at the entrance of one's home while it is still burning, it is of no consequence. One must light it in its place.
If one held a candle and stood in one place, it is of no consequence, since an observer will say, "He is standing there for his own purposes."
When a lamp was burning through the entire [Sabbath] day, one may extinguish the light, recite the blessings [for the mitzvah], and relight the lamp. Kindling the lamp fulfills the mitzvah and not placing it down.
It is permissible to light one Chanukah candle from another Chanukah candle.
הלכה י
חָצֵר שֶׁיֵּשׁ לָהּ שְׁנֵי פְּתָחִים בִּשְׁתֵּי רוּחוֹת צְרִיכָה שְׁתֵּי נֵרוֹת. שֶׁמָּא יֹאמְרוּ הָעוֹבְרִים בְּרוּחַ זוֹ לֹא הִנִּיחַ נֵר חֲנֻכָּה. אֲבָל אִם הָיוּ בְּרוּחַ אַחַת מַדְלִיק בְּאֶחָד מֵהֶן:
כסף משנה
10.
When a courtyard has two entrances from two different directions,1Rashi, Shabbat 23a, clarifies that the entrances need not be on opposite sides, as long as they are different - e.g, north and east it requires two [Chanukah] lamps.2The Ramah (Orach Chayim 671:8 states that only one blessing should be recited, for the second candle is not being lit to fulfill the mitzvah per se. [Were one to light at only one entrance,] the passersby from the other direction might say, "A Chanukah light had not been placed down."3At present, however, when it is customary to light inside one's home, it is sufficient even for a person with such a courtyard to kindle a single Chanukah lamp (Ramah, loc. cit.). If, however, [two entrances to a courtyard]4and it is obvious they are from a single home (Ramah, loc. cit.). are located on the same side, [it is sufficient] to light at only one of them.5For there is no possibility of such a mistake being made.הלכה יא
אוֹרֵחַ שֶׁמַּדְלִיקִין עָלָיו בְּתוֹךְ בֵּיתוֹ אֵינוֹ צָרִיךְ לְהַדְלִיק עָלָיו בְּמָקוֹם שֶׁנִּתְאָרֵחַ בּוֹ. אֵין לוֹ בַּיִת לְהַדְלִיק עָלָיו בּוֹ צָרִיךְ לְהַדְלִיק בַּמָּקוֹם שֶׁנִּתְאָרֵחַ בּוֹ. וּמִשְׁתַּתֵּף עִמָּהֶן בַּשֶּׁמֶן. וְאִם הָיָה לוֹ בַּיִת בִּפְנֵי עַצְמוֹ אַף עַל פִּי שֶׁמַּדְלִיקִין עָלָיו בְּתוֹךְ בֵּיתוֹ צָרִיךְ לְהַדְלִיק בַּבַּיִת שֶׁהוּא בּוֹ מִפְּנֵי הָעוֹבְרִין:
כסף משנה
11.
A guest1i.e., a person who is not a permanent member of the household, even though he eats at the family table (Mishnah Berurah 677:4).Shabbat 23a, the source for this halachah, concerns itself with yeshivah students. Rabbi Zeira states, "When we were students at the academy, I contributed pennies to my host's candles. After I took a wife, I said, 'This is not necessary.' The same laws, however, apply to other guests. [at another person's home, whose family] kindles [the Chanukah lights] for him at his home need not kindle [Chanukah lights] in the home where he is [temporarily] lodging.2This halachah clarifies the expression used by the Rambam at the beginning of this chapter, "The mitzvah is that a... candle should be lit in each and every house."
This implies that the obligation of kindling Chanukah lights is associated with an individual's dwelling, as well as with his person. I.e., although as stated in Chapter 3, Halachah 4, the obligation to kindle Chanukah lamps is incumbent on each person, the mitzvah is that every Jewish dwelling should be illuminated. Therefore, if Chanukah lamps are being kindled in one's dwelling, one has no further obligation regarding the mitzvah even though one does not see those Chanukah lamps oneself.
The rationale for this decision is that the Chanukah candles were instituted for the purpose of pirsumei nisa. Thus, what is important is that the light of the Chanukah lamps is perceived by others.
Note the Ramah's decision (Orach Chayim 677:3) that if a person desires, he may light the Chanukah lamps in the place where he is staying. This is common practice in the Ashkenazic community at present.
The Ramah states that such a person may also recite the blessings. This ruling is not accepted by many other authorities, who suggest that he hear the blessings recited by another person (Mishnah Berurah 677:16). If, however, he has no home in which [Chanukah lights] are being kindled,3The Turei Zahav 677:1 states that a person must be certain that his wife is lighting the candles at home. If the possibility exists that she will not do so, one should kindle Chanukah lights and recite a blessing. he is required to light in the place where he is lodging.4He need not, however, kindle his own Chanukah lamp. He should share5He is not required to pay the cost of half the oil. It is sufficient for him to give a few pennies towards its cost (Shabbat, loc. cit.; Shulchan Aruch, Orach Chayim 677:1). in the oil [used by the owner of his lodgings].6Similarly, two people sharing the same home who provide for their needs separately may share a single Chanukah lamp in this fashion (Be'ur Halachah 677).
If he is staying in a private dwelling,7more specifically, if the dwelling where he is staying has a private entrance (Shulchan Aruch, loc. cit.) he is required to light in the place where he is staying,8This applies even when he eats together with another family and merely sleeps in his private dwelling. even though [Chanukah lights] are being kindled for him at home,9and thus, he would ordinarily have no obligation to kindle these lights because [of the impression created in the minds] of the passersby.10As mentioned in the previous halachah, were passersby to see a Jewish house without the Chanukah lights having been kindled, the very opposite of pirsumei nisa will have been accomplished.
הלכה יב
מִצְוַת נֵר חֲנֻכָּה מִצְוָה חֲבִיבָה הִיא עַד מְאֹד וְצָרִיךְ אָדָם לְהִזָּהֵר בָּהּ כְּדֵי לְהוֹדִיעַ הַנֵּס וּלְהוֹסִיף בְּשֶׁבַח הָאֵל וְהוֹדָיָה לוֹ עַל הַנִּסִּים שֶׁעָשָׂה לָנוּ. אֲפִלּוּ אֵין לוֹ מַה יֹּאכַל אֶלָּא מִן הַצְּדָקָה שׁוֹאֵל אוֹ מוֹכֵר כְּסוּתוֹ וְלוֹקֵחַ שֶׁמֶן וְנֵרוֹת וּמַדְלִיק:
כסף משנה
12.
The mitzvah of kindling Chanukah lamps is very dear. A person should be very careful in its observance to publicize the miracle and thus increase our praise of God and our expression of thanks for the miracles which He wrought on our behalf. Even if a person has no resources for food except [what he receives] from charity, he should pawn or sell his garments and purchase oil and lamps to kindle them [in fulfillment of the mitzvah].2Although the Rambam's ruling is accepted by all authorities, the commentaries question the Rambam's source. The Maggid Mishneh explains that since in Hilchot Chametz UMatzah 7:7 (based on Pesachim 10:1), the Rambam states that even a person who derives his income from charity should not drink less than four cups of wine on Pesach, we can conclude that the same concept applies with regard to Chanukah. Indeed, as explained in the following halachah, kindling Chanukah candles receives priority over the recitation of Kiddush.The concept of selling or pawning one's clothes to perform a mitzvah is mentioned in Megillah 27b with regard to the mitzvah of Kiddush.
הלכה יג
הֲרֵי שֶׁאֵין לוֹ אֶלָּא פְּרוּטָה אַחַת וּלְפָנָיו קִדּוּשׁ הַיּוֹם וְהַדְלָקַת נֵר חֲנֻכָּה מַקְדִּים לִקְנוֹת שֶׁמֶן לְהַדְלִיק נֵר חֲנֻכָּה עַל הַיַּיִן לְקִדּוּשׁ הַיּוֹם. הוֹאִיל וּשְׁנֵיהֶם מִדִּבְרֵי סוֹפְרִים מוּטָב לְהַקְדִּים נֵר חֲנֻכָּה שֶׁיֵּשׁ בּוֹ זִכְרוֹן הַנֵּס:
כסף משנה
13.
When a person has only a single prutah1A prutah is worth .05 gram of silver, approximately 5-10 cents in today's currency. It is a significant commentary on the inflation in food costs to note that either a cup of wine or a measure of oil could be purchased for that amount. and he [is required to fulfill both the mitzvot of] sanctifying the [Sabbath] day2reciting kiddush and lighting the Chanukah lamp, he should give precedence to purchasing oil to kindle the Chanukah lamp over [purchasing] wine to recite kiddush.3In this instance, he should recite kiddush over bread, as stated in Hilchot Shabbat 29:9. If a person has the choice between purchasing bread for his Sabbath meal or oil for his Chanukah lamp, the bread is given priority (Mishnah Berurah 678:4). Since both [of these mitzvot] are Rabbinic in origin,4There is a Biblical commandment to "Remember the Sabbath to sanctify it" (Exodus 20:8 . This commandment, however, involves merely making a statement of the day's holiness; the concept of associating the kiddush with wine is Rabbinic in origin (Hilchot Shabbat 29:1,6). it is preferable to give precedence to the kindling of the Chanukah lamp, for it commemorates the miracle.5fulfilling the purpose of pirsumei nisa.הלכה יד
הָיָה לְפָנָיו נֵר בֵּיתוֹ וְנֵר חֲנֻכָּה אוֹ נֵר בֵּיתוֹ וְקִדּוּשׁ הַיּוֹם נֵר בֵּיתוֹ קוֹדֵם מִשּׁוּם שְׁלוֹם בֵּיתוֹ שֶׁהֲרֵי הַשֵּׁם נִמְחָק לַעֲשׂוֹת שָׁלוֹם בֵּין אִישׁ לְאִשְׁתּוֹ. גָּדוֹל הַשָּׁלוֹם שֶׁכָּל הַתּוֹרָה נִתְּנָה לַעֲשׂוֹת שָׁלוֹם בָּעוֹלָם שֶׁנֶּאֱמַר (משלי ג יז) "דְּרָכֶיהָ דַרְכֵי נֹעַם וְכָל נְתִיבֹתֶיהָ שָׁלוֹם":
כסף משנה
14.
If [a person has the opportunity to fulfill only one of two mitzvot,] lighting a lamp for one's home [i.e., Sabbath candles]1Perhaps the Rambam uses the expression "lighting a lamp for one's home," rather than the expression "the Sabbath lamp" to emphasize that the focus is on how the Sabbath lamp leads to peace in the home. or lighting a Chanukah lamp2or, alternatively, lighting a lamp for one's home or reciting kiddush - It is questionable why the Rambam mentions the latter law in Hilchot Chanukah when both the mitzvot concerned relate to the Sabbath. Although Shabbat 23b, the source for this halachah, refers to the two items mentioned in this halachah together, there is no necessity for the Rambam to do so. On the contrary, the Rambam structured the Mishneh Torah subject by subject. Seemingly, it would have been proper for him to mention this law in Hilchot Shabbat. [Indeed, the Tur and the Shulchan Aruch (Orach Chayim 263:3) mention this law in connection with the laws of the Sabbath as well.]By structuring his text in this manner, however, the Rambam indicates that the priority of kindling Sabbath candles stems not from a particular law associated with the Sabbath, but rather from a general principle - the importance of peace - which relates to the entire Torah as a whole (Likkutei Sichot, Vol. XV). - or, alternatively, lighting a lamp for one's home or reciting kiddush - the lamp for one's home receives priority, since it generates peace within the home.3Shabbat 23b associates the Sabbath candles with peace, explaining that they prevent the members of the household from stumbling over obstacles, and also allow them to avoid the discomfort of sitting in darkness.
Significantly, in Hilchot Shabbat 5:1, the Rambam mentions that the Sabbath candles contribute to the atmosphere of oneg Shabbat, Sabbath pleasure. Similarly, in Hilchot Shabbat 30:5, he mentions them as being associated with activities carried out in honor of the Sabbath (k'vod Shabbat). In the laws of the Sabbath itself, the Rambam does not mention the connection between the Sabbath candles and peace within the home.
This relates to the concept mentioned previously, that the peace generated by the Sabbath candles relates to the Torah as a whole and not to the Sabbath in particular (Likkutei Sichot, loc. cit.).
[Peace is of primary importance, as reflected by the mitzvah requiring] God's name to be blotted out4As mentioned in Hilchot Yesodei HaTorah, Chapter 6, blotting out God's name is a severe matter and constitutes a Torah prohibition. Nevertheless, this prohibition is waived to create peace between a husband and his wife.5The Rambam is referring to the process of testing a sotah, a woman suspected of committing adultery. A curse against her containing God's name is written on a scroll. The text is rubbed out in water, and the water is given to the woman to drink. If she indeed committed adultery, she will die. (See Numbers 5:11-31; Hilchot Sotah 3:8-10.) Peace is great, for the entire Torah was given6The Rambam's choice of wording is extremely precise. The Torah does not exist for the world. On the contrary, Shabbat 88b relates that the Torah existed even before the world came into being. I.e., the Torah represents spiritual truths that transcend our material existence. Nevertheless, the Torah "was given," drawn down into the context of our material frame of reference for a purpose, to bring about peace within the world, as [Proverbs 3:17] states: "Its ways are pleasant ways and all its paths are peace."
Blessed7This concept shares an intrinsic connection to Chanukah (and is therefore chosen as the conclusion for Hilchot Chanukah), because the Chanukah candles are intended for the purpose of pirsumei nisa. They project the light of Torah into the world at large and make the world conscious of its Godly purpose. The spreading of the awareness of Godliness is associated with peace, as reflected by the Rambam's statements at the conclusion of the Mishneh Torah:In that era (the Era of the Redemption), there will be... neither envy nor competition.... The occupation of the entire world will be solely to know God.... "For the world will be filled with the knowledge of God as the waters cover the ocean bed."May we merit the coming of that era in the immediate future. be the Merciful One who grants assistance. This concludes the third book.3The standard printed text of the Mishneh Torah also contains the line "And this concludes the first part [of the work]." We have omitted this line, for nowhere else is a division of the Mishneh Torah into parts mentioned.