archivesChanukah

על הנסים ועל הפורקן ועל הגבורות ועל התשועות

ARCHIVES: HILCHOS CHANUKAH

BELOW ARE THE HALACHOS FROM THE DAILY EMAILS THAT WERE SENT OUT TO THE "HALACHA FOR TODAY" DAILY EMAIL LIST, INCLUDING THE DATES ON WHICH THEY WERE SENT, EXACTLY AS THEY WERE SENT.

TO JOIN THE EMAIL LIST SEND A REQUEST TO HalachaForToday@Yahoo.com

Halachos for Sunday, December 14 2008

Introduction

The Gemara asks the following question: " Mai Chanukah, What is Chanukah"?

Rashi explains the Gemara's question to mean, "Due to which miracle was the Yom Tov of Chanukah instituted?"

The Gemara goes on to answer the question as follows: On the 25th day of Kislev begin the eight days of Chanukah. It is prohibited to eulogize anyone on these days and it is prohibited to fast on these days.

Why?

When the Greeks entered the Bais HaMikdash they[handled all the vessels and touched and] made all the oil [that was used to light the menorah] impure. When the Chashmonaim (sometimes referred to as the macabees) overpowered the Greek army and won the war they searched the entire Bais HaMikdash and were only able to find one small jug of pure oil [with the seal of the Kohen Gadol on it].

There was only enough oil in this jug to light the menorah for one day. However, a miracle occurred and the small amount of oil was sufficient to light the menorah for eight days (until they were once again able to purify themselves and produce more oil).

The following year, beginning on 25 Kislev, the Chachamim instituted an eight day Yom Tov (which we refer to as Chanukah) dedicated to Halel (praise) and Hoda'ah (Thanks) [to Hashem].

(Talmud Shabbos 21b, also brought in the Tur beginning of Hilchos Chanukah)

1) According to many Rishonim there is no requirement to have a Seudah (festive meal) on Chanukah, and any Seudah that is made is a Seudas Reshus (non obligatory meal).

Others argue and maintain that there is indeed a requirement to have a Seudah, with bread, on Chanukah.

The prevelant minhag when having a Seudah on Chanukah is to sing Shiros V'Tishbachos (praises) to Hashem and/or talk Divrei Torah, thus making it a Seudas Mitzvah according to all opinions.

2) It is customary to eat foods made with cheese on Chanukah in commemoration of the miracle of Yehudis' slaying of the Greek general Heliphornius which is considered one of the miracles of Chanukah, in which cheese played a role. (See Ram"a Siman 670:2 and Mishna Berura S"K 10. for more on the story. )

Halachos for Monday, December 15 2008
1) The Minhag is that women do not do "Melacha" (work or chores) for the first 30 minutes after the Chanukah menorah is lit.

Some have this Minhag on each of the 8 nights of Chanukah (Shibolei HaLeket). Others have this Minhag only on the first and last night of Chanukah (Shiltei Giborim, Kol Bo, MaHaril and others)

According to some opinions, the type of "Melacha" that the women shouldn't do is any "Melacha" that is prohibited on any other Yom Tov (Levush, Bach, Rav Shlomo Zalmen Auerbach Zatzal and others).

According to other opinions, only Melachos that women refrain from doing on Rosh Chodesh and Chol HaMoed are prohibited, such as sewing, laundry, ironing etc., but baking, cooking etc. is allowed. (Moed L'Kol Chai, Rav Moshe Feinstein Zatzal, Debreciner Rav in Be'er Moshe, Rav Chaim Kanievsky Shlita in the name of his father the Steipler Zatzal)

2) Some Poskim maintain that the minhag not to do Melacha applies to men as well. (Elya Rabba's understanding of the MaHaril, Bach and a few others). Most Poskim however, maintain that this is a special Minhag for women only, as they had particularly harsh decrees targeting them (namely that all Jewish brides were required to spend the night with the Greek general before being allowed to get married) and the women had a special part in the miracle of Chanukah (referring to the story of Yehudis who slayed the Greek general, before he was able to defile her and through her heroic actions, the decree was abolished. See Tosafos Pesachim 108b D"H HaYu B'Oso Ha'Nes. See also Rashi Shabbos 21b D"H V'Asum that there is no Issur Melacha on Chanukah)

Halachos for Tuesday, December 16 2008

1)During Chanukah it is proper to strengthen ourselves in the areas of learning Torah, Davening and Gemilas Chasadim. ( See Pri Megadim Siman 670 at length for a fascinating explanation how the Greeks were trying to prevent the Jews from upholding the three pillars of the world: Torah, Avodah and Gemilas Chasadim and thus we need to intensify our efforts precisely in these areas.)

2) It is customary to give extra Tzedaka on the days of Chanukah, especially to support poor people who spend their lives dedicated to learning Torah. (Kitzur Shulchan Aruch and Magen Avraham.)

The Yesod V'Shoresh H'Avodah (Sha'ar 12:1) expounds on this, based on the Zohar Hakadosh and the Kisvei Ha'Arizal, that one who is lax in giving of Tzedakah all year round can rectify the harm this laxity caused by increasing his/her Tzedakah on Chanukah, especially if giving to support those who learn Torah.

Halachos for Wednesday, December 17 2008

1) All Jews are obligated in the Mitzvah of lighting Chanukah candles.

This applies to men, women and children (who have reached the age of Chinuch; approximately 5 or 6 years of age), as all Jews were saved in the miraculous victory of the Macabbees over the mighty Greek army. (Additionally, as we discussed in the previous Halachos, women are specifically obligated in the Mitzvos of Chanukah, due to their being saved from the harsh decrees levied against them, via the heroic act of Yehudis, a woman)

2) The prevalent Minhag is for the male head of household to exempt all the female members of the house (adults and children alike), through the lighting of his menorah.

The females being exempted should make sure to be present and listen to the recital of the Brachos [and answer Amen] while the menorah is kindled. (Mishna Berurah 675:9)

Of course, if no man is available to exempt her, a women may light [and make the blessings over] her own menorah. A woman can also exempt other people with her lighting, when no man is available to do this. (See Smag Hilchos Chanukah, Taz 675:3, Magen Avraham ibid.)

Boys who have reached the age of Chinuch should preferably light their own menorahs [with all the Halachic details involved] and not rely on the head of the household's lighting. (Ram'a 675:3. See also Mishna Berura and Biur Halacha ibid. Dibur Hamaschil U'Ldidan, regarding if there is a Mitzvah of Chinuch for "Hidur Mitzvah" or just for the "letter of the law" and thus children would only have to light one candle per night.)

Halachos for Thursday, December 18 2008

1)The ideal time to light the Chanukah Menorah is between "sunset" and the time that people are no longer in the street.(Talmud Shabbos 21b)

The Rishonim debate what "sunset" in this case means, as the setting of the sun is divided into 3 time periods. The three times [for lighting the Menorah] are:
a)      As soon as the sun begins setting, though it is still very light outside. (Opinion of the Rambam, Mordechai, Rav Hai Gaon)
b)      The beginning of the sun's actual setting, when it is starting to get dark already [approximately 20-40 minutes after "sunset"] (Opinion of the Rashba, Ran, Meiri, Ritva[though the Ritva allows lighting at the earlier time of sunset as well])
c)       The end of Sunset, which is referred to as "Tzais HaKochavim- when 3 stars are visible in the sky". (Opinion of Tosefos, Manhig, The Rosh, Tur, Terumas HaDeshen)

2) There are many different opinions amongst the Poskim as far as which of the above opinions is best to follow.

Many people [especially in America] follow the minhag of Rav Moshe Feinstein Zatzal who lit the Menorah approximately 10 minutes after Sunset. (Based on the Opinion of the Gaon of Vilna in Biur HaGr"a Orach Chaim Siman 672. There is a contradictory Biur HaGr"a in Yoreh Deah Siman 266:17 who seems to say that the best time to light is at "Tzeis Hakochavim- when the stars appear" which is definitely later than 10 minutes after sunset. See Sefer Moadim U'Zmanim from Rav Moshe Sternbuch, Vol. 2 Siman 154 how he deals with this apparent contradiction). This is also the minhag of Rav Yosef Shalom Elyashiv Shlita.

Many people[especially in Eretz Yisrael] follow the minhag of the Chazon Ish Zatzal to wait an additional 10 minutes, and light only 20 minutes after sunset. This was also the Minhag of the Steipler Zatzal.

The Minhag of Rav Ahron Kotler Zatzal was to light 25-30 minutes after sunset.

Many people follow various other minhagim, and each person should adopt the custom of their own family, or consult a Rav if no custom is in place.

Even those who follow the Gr"a and light at the earliest time, should make sure there is enough oil (or the candles be long enough) to burn until a half hour past "Tzeis HaKochavim" (Psak of Rav Chaim Kanievsky Shlita, quoted in Sefer Yemei Halael V'Hodaah)

Halachos for Erev Shabbos Kodesh, December 19 2008 (Special Double Portion L'Kavod Shabbos)

Halachos for Erev Shabbos Kodesh

1)It is forbidden to utilize the "light" of the Chanukah candles for any purpose. (Shulchan Aruch Siman 673).

This applies to all the candles that were kindled for that night, even though the extra candles are only for "Hiddur Mitzvah- beautification of the Mitzvah"(e.g. on the fifth night, one may not "use" any of the 5 candles, even though Min HaDin only one candle must be kindled each night. Be'er Heitev ibid.)

The "uses" that are prohibited include mundane uses such as counting money by the lights of the menorah, as well as holy purposes, such as davening or learning via the light of the menorah.

2) Some opinions allow using the light of the menorah for holy purposes (opinion of the Ba'al HaItur and other Rishonim, brought in the Tur), but the consensus of virtually all Poskim, and the prevelant practice, is to prohibit even holy uses. (Magen Avraham, Levush, Elya Rabbah, Aruch HaShulchan etc.)

It is for this reason that the widespread minhag is to add an extra candle, known as the "Shamash" to the menorah each night, this way when/if you "use" the light of the menorah it will be the light of that candle that we are using and not the lights of the menorah.

The "Shamash" should be placed a little higher than the other candles so it should be evident that it isn't one of the "Mitzvah candles". (Ram'a 670:2)
All the menorahs that are being lit require their own "shamash", even if there is other light in the room. (Magen Avraham 670:5, Mishna Berura 670:18)

Halachos for Shabbos Kodesh

1) Many otherwise righteous Jews have a "custom" to play "Kvitlach", a gambling card game on Chanukah (a poker type game).

It isn't clear exactly where this minhag came from or how it developed, but it isn't a Minhag Tov, rather a sinful expression of "empty partying" that has replaced the "Shiros V'Tishbachos, praising of Hashem that used to (and still should) characterize Chanukah celebrations, and one who values his/her soul should avoid these card games at all costs. (Biur Halacha Siman 670)

2) Those who play "Kvitlach"on Chanukah will be punished severely in the next world, as many other Aveiros, sins, are inevitably involved whenever these card games take place (gambling, stealing, Nivul Peh, Bitul Torah, Prikus Ol, Lashon Hara, [as well as lack of Tzniyus, Histaklus B'Arayos etc. when there are men and women involved in the same game, Chas V'Shalom] just to name a few).

One who has the capacity to stop these games from taking place and discontinue this sinful practice will be greatly rewarded in the next world (Aruch HaShulchan Siman 670:9. See also Yesod V'Shoresh Ha'Avodah Sha'ar 12: end of Perek 1)

If you have been invited to participate in such a game, it would be best to cancel and let them know that you won't be attending. Although this may be a difficult decision and one that may cause you embarrassment and "hard feelings", it is the right decision and one that a G-d fearing Jew must make. The Mishna in Pirkei Avos teaches us that "L'Fum Tzaarah Agrah- the more painful a [right] decision is to make, the greater the heavenly rewards"

Halachos for Sunday, December 21 2008

1)When lighting the Chanukah menorah on the first night of Chanukah (tonight, Sunday December 21 2008) three Brachos (blessings) must be recited as follows:

1st Bracha:"Baruch Ata Hashem...Asher Kidshanu B'Mitzvosav V'Tzeevanu L'Hadlik Ner Shel Chanukah- Blessed are You Hashem...Who commanded us to kindle the Chanukah light" (The Arizal, Bais Yosef Gaon of Vilna and others had the custom to say "L'Hadlik Ner Chanukah" and omitted the word "Shel". A Third Nusach exists as well where the words "Shel" and "Chanukah" are combined into one word: "SheliChanukah". This was the Minhag of the MaHarshal,The Chazon Ish and others)

2nd Bracha: "Baruch Ata Hashem...SheAsa Nisim L'Avoseinu BaYomim Hashem, Bazman Hazeh- Blessed are You Hashem...Who performed miracles for our ancestors in those days, in this time[of the year]" (This blessing may be recited by a Ger, a convert to Judaism, even though the miracle didn't occur to his/her ancestors. Kitzur Shulchan Aruch and Mishna Berura based on the Rambam. However, if the convert so desires he/she may say "SheAsah Nisim L'Yisroel- Who performed miracles for the Jews")

3rd Bracha: "Baruch Ata Hashem...SheHechiyanu V'KiYimanu V'HigiYanu Lazman Hazeh- Blessed are You Hashem...Who allowed us to live and survive and reach this point in time"

On the subsequent 7 nights of Chanukah, only the first two Brachos are recited, while "SheHechiyanu" is not said.

2) All the aforementioned blessings must be recited before the actual kindling of the menorah. The lighting should not be commenced before all three (on the first night) or both (on the subsequent nights) of the Brachos have been completed. (Ram'a Siman 676:2. There are opinions that maintain that the second Bracha is recited before lighting the "additional candle" each night, but the prevalent Minhag is like the Ram'a, which is based on the Me'iri in Maseches Shabbos)

Halachos for Monday, December 22 2008

1) For the duration of Chanukah, the Bracha of "Al HaNisim", thanking Hashem for the many miracles He performed for the Jews in their battles against the Greeks etc., is added to Shemona Esrei .

It is inserted in the Bracha of Modim (as it is a Bracha of thanks, as is Modim).

Similarly, whenever we say Birchas Hamazon on Chanukah, we add the "Al HaNisim" immediately following the Bracha of "Nodeh Lecha", which is also a Bracha of thanks to Hashem.

Many people have the custom to say "V'Al HaNisim- "and" on these miracles we thank you Hashem..." rather than simply "Al HaNisim- On these miracles..." as it's a continuation of the Bracha of thanks (in both Shemona Esrei and Birchas Hamazon) and not a new topic. (Mishna Berura 682:1. See also Yesod V'Shoresh HaAvodah Sha'ar 12 Perek 1 for a lengthier elaboration on the proper thoughts to have in mind while saying "V'Al HaNisim")

2) Even those who normally daven Shemona Esrei and say Birchas Hamazon by heart, should try and use a siddur [at least] on [the first day] Chanukah, as not doing so will probably result in forgetting to recite the "Al HaNisim" (See Mishna Berura Siman 100:1)

Halachos for Tuesday, December 23 2008

1) On all 8 days of Chanukah, the complete Halel is recited following Shacharis. The Bracha of "Baruch Ata Hashem...Likro Es Hahalel" is recited before the recitation of the Halel.

There is no Tefilas Mussaf on Chanukah (besides for Rosh Chodesh and Shabbos), as there was no special Mussaf offering on Chanukah in the Bais HaMikdash.

2) If one is in middle of Halel, and hears a Bracha or Kedusha, he/she has the status as if they were in the middle of Birchos Krias Shema. Thus, in middle of a chapter, one may only interrupt for the first "Amen" of Kadish, "Amen YeHei Shemei Rabbah", "Amen" of "D'Amiran B'Alma V'Imru Amen", the verses "Kadosh" and "Baruch" in Kedusha, The "Amen" of " HaKel HaKadosh" and the "Amen" of " ShoMea Tefilah".
If one is between 2 chapters, he/she may answer "Amen" to all Brachos. (We discussed these Halachos more at length in Hilchos Tefilah: Halachos of Krias Shema. See Archives

Halachos for Wednesday, December 24 2008

1)There are differing opinions amongst the Poskim whether women are obligated in saying Halel on Chanukah.

The accepted Minhag [amongst Ashkenazic women] is that, although they are most probably not obligated as it is a "Mitzvas Asei SheHazman Grama- a Mitzvah that is bound by time", the women do in fact recite Halel, with a Bracha, on each of the 8 days of Chanukah, as they were also part of the Chanukah miracle. (See Biur Halacha Siman 422:2. See also Moadim U'Zemanim Siman 146)

The Sephardic Minhag is that women do not recite blessings when they perform any "Mitzvos Asei SheHazman Gerama", therefore women who follow the Sephardic customs should not recite the blessing on the Halel on Chanukah [or anytime], but are praised if they do recite the Halel [without a blessing] , and are encouraged to do so.(Shu"t Yabia Omer from Rav Ovadia Yoseph Shlita, Vol. 6 Siman 46)

2) When davening in a Bais HaAvel (a house where mourners are sitting Shiva) there is a dispute about how to proceed with Halel.

Some Poskim maintain that Halel isn't said at all in that house; rather the individuals should recite it when they leave the Avel's home.

Others maintain that Halel should be recited, but the Avel himself should refrain from joining the minyan in its recitation. Others allow the Avel to recite Halel.

The prevalent Minhag is for the Avel [or the Tzibbur] to go to another room and not say the Halel in the presence of the Avel. (See Pri Chadash Siman 422 and Siman 683.)

Halachos for Thursday, December 25 2008

1)There are different opinions amongst the Poskim if the Mishnayos of Perek "BaMeh Madlikin" which are usually said each Friday night before Maariv , is said on Shabbos of Chanukah.

One of the reasons given for not saying it is because these Mishnayos discuss the many types of oils which aren't acceptable for lighting the Shabbos candles. The Gemara (Shabbos 21b) says that the oils that are not good for Shabbos lights are indeed acceptable for Chanukah candles.

Therefore, according to these opinions, we don't want people to think we are referring to the Halachos of the Chanukah candles, so we refrain from saying "BaMeh Madlikin" altogether. (See Shulchan Aruch Siman 270:2 and Ram"a and Mishna Berura ibid.)
Many Minhagim exist regarding this, and each Kehilah should follow their individual practice.

2) There is a Minhag to say the Mizmor of "Mizmor Shir Chanukas HaBayis L'Dovid" (Tehillim 30) each morning of Chanukah after Shacharis.

Some have the minhag to say it "instead" of the regular Shir Shel Yom (SheYarei Kneses Hagedolah quoting the "Minhag" of many places, Pri Chadash, and Gaon of Vilna [besides for Shabbos and Rosh Chodesh of Chanukah, when he holds only the Shabbos or Rosh Chodesh Mizmor is said.]

Others maintain that both the regular Shir Shel Yom is said, as well as the additional Mizmor for Chanukah. (ShYarei Kneses Hagedolah's own Psak, quoted in the Be'er Heitev Siman 132:7 and others)

Each Kehilah should do according to the Minhagim they follow.

Halachos for Erev Shabbos Kodesh, December 26 2008 (Special Double Portion L'Kavod Shabbos Kodesh)

Halachos for Erev Shabbos Kodesh

1) It is very common for people to "go away" for Shabbos Chanukah, and move into their parents, in-laws, friends or other houses that aren't their own. This of course presents various different Halachic questions in regard to where to light the Chanukah menorah on Friday night as well as on Motzei Shabbos.

One who is a guest in someone else's home, even for one day, must light Chanukah candles in that home, provided that he will be eating in the home as well as spending the night sleeping there. (Rav Shlomo Zalmen Auerbach Zatzal. See also Chayei Adam Klal 154:32)

Therefore, the menorah should be lit Friday afternoon in the home where you will be spending Shabbos.

2) If when Shabbos is over you are still in your host's home, and you are planning to stay there for a while, it is best to light alongside the host right after Shabbos at the proper time, and not wait until you get back to your home, even though you will indeed be going home and sleeping in your own house.

If however, you plan to leave for home right away, and if you light in the host's home, you will not be there for a full half hour after the lighting, it is best not to light until you get to your own home. (Rav Shlomo Zalmen Auerbach Zatzal. His reasoning is that if you leave before half an hour, and thus the house is no longer considered your house, it may be like one who lit a menorah with not enough oil to last half an hour, in which case you haven't satisfied your obligation. See Halichos Shlomo Perek 14 Ha'arah 37)

Halachos for Shabbos Kodesh

1) When Rosh Chodesh Teves falls out on Shabbos Chanukah the Birchas Hamazon is very lengthy, as "Retzei", "Ya'aleh V'Yavo" and " Al HaNisim" are added.

If Al Hanisim is inadvertently omitted from Birchas Hamazon, it isn't repeated. If "Retzei" or "Yaaleh V'yavo" [in certain cases on Shabbos] is omitted, the Birchas Hamazon is repeated.

There is a dispute in the Poskim regarding one who omitted Al Hanisim (which doesn't necessitate repeating the Birchas hamazon) and also omitted Retzei (which does necessitate repeating the Birchas Hamazon).

Some Poskim maintain that when you repeat the Birchas Hamazon you do not say Al Hanisim (Magen Avraham 188:13, Elya Rabbah, Shulchan Aruch Harav 188:4 and others)

Others maintain that once you are repeating the Birchas Hamazon already, you need to also include the Al Hanisim (Pri Megadim, Chayei Adam Klal 154:39, Sha'ar HaTzion 188:21 and others)

It is best to try and not to forget, as it isn't clear which of the above opinions the Halacha follows. (See also Shu"t Har Tzvi Orach Chaim Vol.1 Siman 54)

2) The Bracha on "Latkes- those delicious potato pancakes that are traditionally eaten on Chanukah" which are made from grated potatoes is "Borei pri Ho'Adama" as usually one can still recognize the potatoes.

However if the potatoes were blended so finely that they aren't recognizable as potatoes, the Bracha recited on them is "SheHakol NihYoh B'Devaro". The same Halacha applies to potato kugel. (Psak of Rav Shlom Zalman Auerbach Zatzal)

Questions? Feel free to email me at HalachaForToday@Yahoo.com
Want to see questions that others have asked? See the Q&A page. CLICK HERE!

Please Note:

The Halachos on this website are based primarily on the Kitzur Shulchan Aruch ,Mishna Berura, Sefer Ishei Yisroel ,Halichos Shlomo, Mateh Efraim and Piskei Teshuvos unless other sources are quoted. The Halachos are based on my personal understanding of the Halachic texts quoted.

DO NOT rely on them for Psak Halacha L'Maaseh. If you have a question, please contact a competent Halachic authority, or email me the question and I will try get you a satisfactory answer.

Thank you.

Halacha For Today

The Daily Halacha Site...For Those Who Want to Live Right