Kosher Cheese and Lighting in Shul: Difference between pages

From Halachipedia
(Difference between pages)
 
 
Line 1: Line 1:
==Background==
The practice is to light [[Chanukah]] [[Lighting Chanukah Candles|candles]] in Shul between [[Mincha]] and [[Mariv]] with a bracha since it’s a very old Minhag so there’s Pirsume Nisa to those in Shul during [[Mariv]]. <ref>Tur, S”A 671:7, Yalkut Yosef 671:1. Sh"t Melamed Lehoil OC 121 points out that this minhag is not mentioned by any of the earlier mainstream Rishonim like the Rif, the rosh, the rambam and the first one to mention it is the Baal Haitur 2:Hilchot [[Chanukah]] 114b, but doesn't mention if we should say a beracha. Shibbolei Haleket 185 questions the minhag and says that for sure one shouldn't light with a beracha. However, Sh"t Rivash 111 (quoted in Beit Yosef 671) says that this lighting is to fulfill the obligation publicly since nowadays we light inside and this is a strong minhag that's done for the purpose of pirsumei nisa and therefore requires a beracha. Beiur Halacha 671 “ubibet haknesset” notes that we don’t paskin like the rivash’s reason because we light in shul even in places where we can light outside. Orchot Chayim Hilchot [[Chanukah]] Ot 17 says that the minhag developed so that those who didn't know how to light could fulfill their obligation in shuls. Sdei Chemed Asifat Dinim [[Chanukah]] 24 notes that this is the primary reason for the lighting. Sefer hamanhig 148 (pg. 531) says that the lighting is zecher lamikdash and a shul is considered a mikdash miat (based on the gemara in megilla 29a's interpretation of the pasuk in Yechezkel 11:16. Beit yosef 671 quotes the Kol Bo 44 as saying the reason is to fulfill the obligation of those who weren't doing it otherwise, like we did for [[Kiddush]] in shul on Friday night and that is is a special pirsum hanes. Mor Uketzia 672 expounds on this point. See also Kaf Hachaim 671:70.
<p class="indent">Many Achronim including Sh"t Chacham Tzvi 88 question how S”A could say that one can make a bracha for such a lighting which is only a Minhag [Because of this question the Pri [[Chadash]] says to light without a bracha]. Further the Ravyah quoted by the Bet Yosef 671 says that since it’s only a Minhag we (Ashkenazim) only make a bracha because it’s a Minhag and Ashkenazim make a bracha on Minhag, like [[Hallel]] on [[Rosh Chodesh]]. However, according to Sephardim who don’t make [[Brachot]] on a Minhag, how can S”A rule to make a bracha in Shul? </p>
<p class="indent">One answer (brought by Yalkut Yosef 671) is that it’s meant to fulfill the obligation (by saying Birchat HaRoah) of those who don’t have a house and can’t light, based on Orchot Chaim Ot 17. Secondly, Sh”t Rivash 111 says it’s done to fulfill the obligation publicly since nowadays we light inside and that this is a strong Minhag that’s done for the purpose of Pirsume Nisa and requires a bracha. [A third answer that we clearly don’t pasken like is that the Sherit Yosef who says that by [[Chanukah]] candles we go Safek [[Brachot]] LeHachmir.] Kaf Hachaim 671:70 answers based on the Gra 671:7 that it requires a beracha since it is a special fulfillment of Pirsumei Nisa, like [[Hallel]] on the first night of [[pesach]]. See Sh"t Yabea Omer 7:57 for other answers to this question. </p></ref>


#Cheese is made by acidifying the milk with bacterial cultures to produce a mixture of solid curds and liquid whey. After the whey is removed the curds are kept loose or molded into cheese. Hard cheeses have rennet added to help them set and solidify. Afterwards different cheeses are processed and aged differently. For kashrut purposes there's two main factors for cheese to be kosher. First all of the ingredients and utensils used to make it need to be kosher and secondly there is a need for a mashgiach to be watching the whole process to avoid the rabbinic enactment against non-Jewish cheese.<ref>[http://www.kashrut.com/articles/cheese/ Rabbi Avraham Gordimer in Jewish Action (Winter 2005)] and [https://en.wikipedia.org/wiki/Cheese#Production Cheese Production on Wikipedia] </ref>
==When should one light Chanukah candles in the Shul?==
#The rabbinic enactment against non-Jewish cheese (''Gevinat Akum'') applies even if it was made with completely kosher ingredients and even if everyone in that locale uses only kosher ingredients.<ref>Mishna (Avoda Zara 29b) says that the reason that gevinat akum is forbidden is because the non-Jews would use the curdled milk from the stomach of an Avoda Zara animal to help curdle the milk into cheese. The Gemara (Avoda Zara 35a) provides another 5 reasons as to why the cheese of non-Jews is forbidden among them is the concern that they will use the stomach lining of animal that wasn't slaughtered by a Jew as rennet. Another two reasons are that they may mix in milk from a non-Kosher animal into the cow milk being used for the cheese or that they may smear the finished cheese with pig fat. Rambam (Machalot Asurot 3:13) only cites the reason of the concern that the non-Jews will use non-Kosher rennet. The Tur YD 115:2, however, also quotes the reason of non-kosher milk being mixed in and pig fat being smeared on the cheese.
*Completely kosher ingredients: Tosfot a”z 35a s.v. chada says that some said that there’s no gezerah of gevinat akum by cheese that was made with enzymes from flowers. Meiri avoda zara 35b s.v. Hachamishi even contends that if everyone in a certain locale used rennet made from flowers there would be no gezerah of gevinat akum. However, the Rambam (Machalot Asurot 3:14) quotes some geonim who said that the cheese that the non-Jews make from vegetable rennet is forbidden even though it is made with completely kosher ingredients. Rashba (Torat Habayit 90b) agrees. The Tur and Shulchan Aruch YD 115:2 codify the opinion of the Rambam. This is also the opinion of the Shach 115:19, Kaf Hachaim 115:30, Yalkut Yosef YD 81:21, and Rav Yisrael Henkin (Edut L’Yisrael p. 176). See further in M’peninei Harav p. 153.</ref>
#The way in which the rabbinic enactment wouldn't apply is if either: 1) a Jew owns the company even if the workers are non-Jewish<ref>Shach 115:20</ref>, 2) a Jew puts the rennet into the milk<ref>Shach 115:20</ref>, or 3) some say, that it is sufficient to have a Jew watching the cheese making process.<ref>Rambam Pirush Mishnayot a”z 2:5 says if a Jew is watching the gevinat akum is muter. Or Zaruah a”z no. 197 agrees. Rama YD 115:2 rules that if a Jew is watching the non-Jew make the cheese there is no rabbinic prohibition of gevinat akum. Even though the Shach 115:20 argues, Igrot Moshe YD 1:50 and Kaf Hachaim 115:32 are lenient.</ref>
# ''Gevinat Akum'' is forbidden even if a Jew was involved with the cheese making process but not the milking since once the milk is forbidden as ''[[chalav akum]]'' the cheese that they make out of that milk is also forbidden.<ref>The Rama 115:2 adds that even if a Jew only watched the cheese making process and didn't see the milking process it is permitted after the fact since the non-Jew wouldn't use non-Kosher milk to produce cheese as milk from non-Kosher animals don't curdle. Shach 115:23 writes that this is only correct if the cheese is sold by pieces of cheese or weight but not if it is sold by volume otherwise there is a concern that the non-Jew added non-Kosher milk. Also, Shach 115:19 disagrees entirely with the Rama that cheese is only kosher if they start with kosher milk and not chalav akum. Pri Chadash 115:16 agrees. Kaf Hachaim 115:34 records that such was the practice of the Jews of Yerushalayim to buy cheese produced in Sfat where Jews participated in the cheese making process even though they didn't see the milking process. Interestingly, Kaf HaChaim 115:35 writes how this practice is justified even though one time a non-Jew was caught mixing in rennet before they brought the milk to the Jews for the cheese making process.</ref>
#Since the enactment was made to avoid violating a Torah-level prohibition, many Poskim write how we treat a Safek Gevinat Akum stringently, even though it's only a Din Derabbanan.<Ref>Shach Yoreh Deah 110:Safek Sefekah 17, Chochmat Adam 63:22, unlike Pri Chadash. Chidah (Shiurei Beracha Yoreh Deah 115:2 says it applies even to the Taam, as we consider safek like vaday, and Noda BeYehudah (Yoreh Deah Kamma 34) considers safek if a pot smeared with Gevinat Akum to be a safek Issur DeOraita. "Safek Gevinas Akum" by R' Eli Gersten in OU Kosher Daf HaKashrus vol. 27 / No. 7 Elul-Cheshvan 5779-5780/SEPT.-NOV. 2019.</ref> However, all agree that cheese made with vegetable rennet would not be included in this degree of safek, because it's only prohibited due to a "lo pelug."<ref>Hagahot Zer Zahav (Issur Veheter 47:1)</ref>


==Soft Cheese==
#The congregation should light [[Chanukah]] Candles between [[Mincha]] and [[Mariv]] even if it means lighting at sunset ([[Shekiyah]]) because the congregation would leave right after [[Mariv]] and there wouldn’t be Pirsume Nisa for the candles.<ref>Rashba ([[Shabbat]] 21b) says that if one wants he can light at Shkiah because there’s also Pirsume Nisa then. Orchot Chaim ([[Chanukah]] 15), Ritva and Ran on [[Shabbat]] 21b. Rashba ([[Shabbat]] 21a), Ritva ([[Shabbat]] 21a), Ran ([[Shabbat]] 21a), Orchot Chaim ([[Chanukah]] 15), and Bach 672 say that one can light earlier than the proper time to light (Tzet for Sephardim, [[Shekiah]] for some Ashkenazim) because if one delayed lighting in Shul until after [[Mariv]] people would leave and there wouldn’t be Pirsume Nisa.  Bach 672 says in Shul the Shaliach Tzibbur can light at Shkiah. Sh”t Shev Yacov 22 pg 28a says it’s established to light between [[Mincha]] and [[Mariv]] (and so says Avudraham 54d) and the reason is that if they light after [[Mariv]] the whole congregation would leave. Sh”t Zivchai Tzedek (O”C 2:29,3:112 pg 213) writes that that was the Minhag of Bagdad based on the Yesh Omerim of S”A 672:2. This is also the opinion of Chazon Ovadyah pg 69 and records that such is the Minhag Yerushalayim. Sh”t Shraga HaMeir 7:44 says that if the congregation forgot to light in between [[Mincha]] and [[Mariv]] they should light before Alenu so there’s a [[minyan]] still there. See also Yeraim 102e. </ref>
#If a Shul has a few minyanim for [[Maariv]], the Menorah should remain lit from before the first [[minyan]] until after the last [[minyan]] <ref>Rav Chaim Kanievsky quoted in Sefer Yimei [[Hallel]] ViHodaah page 299 footnote 53. He adds that if the Menorah burned out, or if the last [[minyan]] is much later than the first [[minyan]], it should indeed be lit again before the last [[minyan]] with the [[berachot]]. [http://www.dailyhalacha.com/displayRead.asp?readID=2797 Rabbi Eli Mansour] writes that if the menorah burnt out it should be lit again but without a beracha. see also Sh"t Yabea Omer 7:57 on the minhag of the Musayof Shul.</ref>
#Ideally one should not extinguish the menorah in shul until it has lit for a half hour since some say a guest can fulfill his obligation and since it is zecher lamikdash. If one is afraid of a fire, or that one may steal the Menorah, one may extinguish the Shul's Menorah even if the 1/2 hour didn't pass yet.<ref>Sh"t Rivevot Ephraim 3:453,5:432, Sh"t Shevet HaLevi 8:156 </ref>


#There is a major dispute between the poskim whether or not soft cheese, such as cream cheese, cottage cheese and farmer's cheese, is subject to the prohibition of non-Jewish cheese. Some poskim hold that since soft cheese can be made without the use of rennet and is made with bacterial cultures, it shouldn't be considered a cheese for the purposes of this enactment and would be permitted without any Jewish involvement as long as all of the ingredients and utensils are kosher. However, others disagree and don't rely on that leniency.<ref>[http://www.kashrut.com/articles/cheese/ Rabbi Avraham Gordimer] explained that the OU and other kashrut organization's policy was to rely on this leniency and to give a hechsher to cottage cheese as long as all ingredients and utensils in the factory are kosher even if a Jew isn't present all of the time.
==Lighting in Shul in the Morning==
*Igrot Moshe YD 1:50 says that we can rely on the Rama to have jews watching the cheese making process, but otherwise it is forbidden even if it all kosher ingredients. There he’s also strict on cottage cheese but says not to protest those who are lenient. In Igrot Moshe YD 2:48 he elaborates on the topic of cottage cheese and says that cottage cheese might not be considered gevinat akum since it could have been made without any rennet, so they never made a gezerat about it. He concludes that there’s a strong reason to be lenient but didn't want to establish any opinion as it being permitted or forbidden but wouldn’t protest those who are lenient. Aruch Hashulchan 115:16 implies clearly that cheese which doesn’t need rennet to become cheese is still forbidden. Chelkat Binyamin 115:60 writes that it is a unresolved question.</ref> Sephardim are strict in this regard.<ref> Ben Yisrael Lamim (by R' Taharani p. 325 Birurim n. 17) is strict on cottage cheese and proves it from the Radvaz 6:2291 regarding yogurt. Yalkut Yosef (YD 81:23 Isur Vheter v. 2 p. 115) seems to conclude like those who are strict on ricotta cheese, but does cite those who are lenient in places that have the minhag to be lenient. Ultimately, he quotes the Zivchei Tzedek who says that someone pious would be careful on ricotta cheese from non-Jews.</ref>


==Kosher Rennet==
#There is a practice to light in shul in the morning for [[Shacharit]] without a bracha.<ref>Pri Megadim Eshel Avraham 670:2, Yalkut Yosef (Moadim pg 205), Shearim Mitzuyanim Bihalacha 139:19, Sh"t Melamed Lehoil OC 121, [http://www.neveh.org/chanukah/chanuka2.html Rav Yoel Schwartz] </ref>
#Two of the reasons given for this practice are: since we lit in the Shul in order to fulfill Pirsumei Nisa and we only light it for Maariv we don't light for the requisite 30 minutes and so we make up for it during the day. Alternatively, we light in the Shul corresponding to the lighting of the Bet Hamikdash and according to the Rambam<ref>Rambam Tamidin Umusafin 3, Mitzvah Aseh 25. See further Rashba teshuva 79, 309</ref> they lit the Menorah in the Bet Hamikdash at night and the morning.<ref>Melamed Lhoil OC 121</ref>


#Since there are many rennets which are non-Kosher ingredients one shouldn't eat cheese without valid hechsher even if it was made or owned by a Jew.<ref>Kaf Hachaim 115:36, [http://www.kashrut.com/articles/cheese/ Rabbi Avraham Gordimer in Jewish Action (Winter 2005)]</ref>
==Fulfilling one's obligation of candle lighting with the lighting in the Shul==
#Rennet is an enzyme produced in the stomachs of ruminant mammals that is used to curdle and set milk into cheese.<ref>[https://en.wikipedia.org/wiki/Rennet Wikipedia on Rennet]</ref>  
 
##If the rennet comes from a kosher animal which was slaughtered properly by a Jew then it is kosher as long as there is 60x the milk in comparison to the rennet.<ref>[https://en.wikipedia.org/wiki/Rennet#Extraction_of_calf_rennet Wikipedia on Rennet] points out that using the traditional method of rennet extraction one 1 gram of rennet can be used to coagulate 2 to 4 Kg of milk and the modern extraction method after concentration yields rennet that one gram of which can be used to coagulate 15 Kg of milk. Either way, this is clearly less than the ratio of 1 in 60, as [http://www.kashrut.com/articles/cheese/ Rabbi Avraham Gordimer] points out as well. Mishna Chullin 116a (according to Rashi) writes that since the rennet from the kosher animal is meat and it is being used to coagulate milk it is only permitted if there is 60 times the rennet in the milk otherwise there is a prohibition of eating milk and meat together. Shulchan Aruch YD 87:11 codifies this.  
#One doesn’t fulfill his obligation with the lighting in Shul even if one did the lighting and so one can light at home for his family with all the [[Brachot]].<ref>Mishna Brurah 671:45, Sh”t Rivash 111 says that one doesn’t fulfill his obligation with the lighting in Shul. This is also the opinion of Rama 671:7. Gra (671:7 s.v. viein) explains the obligation of lighting is personal and also related to one’s household and one doesn’t fulfill that aspect of the lighting when lighting in Shul. </ref> However if he lives by himself and he lit in Shul for the congregation, when he lights at home, according to Sephardim, he should only say the Bracha of LeHadlik Ner (and not SheAssa Nissim and [[Shehecheyanu]]). Ashkenazim, however, can say LeHadlik and SheAssa just not [[Shehecheyanu]]. <ref>Sh”t Zera Emet 1:96 says that once one said the Bracha of [[Shehecheyanu]] in Shul one doesn’t repeat it at home unless one is fulfilling the obligation of his family. This is also the opinion of Shaarei Teshuva 671:11 and Mishna Brurah 671:45. Sh”t Igrot Moshe O”C 1:190 argues on Zera Emet that there should be no difference between [[Shehecheyanu]] and SheAssa Nisim (and thus one should be able to repeat all the [[Brachot]] even by oneself). Yalkut Yosef (Moadim pg 200), Halichot Olam 1 pg 66, Taharat Mayim, Sh”t Hitorerut Teshuva 1:103, Leket Yosher 151, and Sh”t Yechave Daat 2:77 say that if one is only lighting at home for himself and he made the [[Brachot]] in Shul he should only make the Bracha of LeHadlik Ner. Rav Soloveitchik (Nefesh Harav p. 225) agreed.</ref>
* Why is rennet from a non-Kosher animal not nullified and rennet from a kosher animal permitted if it is less than one in sixty? The Ri Migash (cited by Torat Habayit 90a) explains that this is different than rennet from a non-Kosher animal which isn't nullified because it is a coagulating agent and is intrinsically forbidden unlike kosher rennet. Rambam (Maachalot Asurot 3:13, 9:16), Rashba Chullin 116a, and Ritva Avoda Zara 35a agree. Shach 87:35 agrees. However, the Tosfot Avoda Zara 35a s.v. mipnei and Raavad (Torat Habayit 90b) argue that fundamentally rennet from a kosher animal is the same as non-kosher rennet in that they are nullified if it isn't tasted but since the issue of meat and milk is only rabbinic if it is a cold mixture it is permitted in cases of doubt. Maharshal Chullin 8:106 agrees.</ref> In terms of actual process of how the rennet is extracted from the Kosher animal so that it should be permitted even initially is complex discussion.<ref>Chatom Sofer (responsa 81, cited by Pitchei Teshuva 87:19), Rabbi Akiva Eiger (responsa 1:207)</ref>
#On a Friday afternoon, if one already lit at home before coming to Shul (as will everyone else) he should light in Shul without the Bracha [[Shehecheyanu]]. Sephardim say that one shouldn’t say the bracha of She’assa Nisim either but just the bracha of LeHadlik. <ref>Sh”t Tzitz Eliezer 13:69 based on the Bach says that even if one said the Bracha of [[Shehecheyanu]] at home one can still say it at Shul on Friday afternoon when everyone there already lit with [[Brachot]]. However Sh”t Chatom Sofer O”C 55 and Shaarei Knesset HaGedolah argue on the Bach. Sephardim should not even repeat She’assa Nisim as brought down by Yalkut Yosef (Moadim pg 200 note 37) and Ben Ish Chai Vayeshev 11. </ref>
##If the rennet comes from an animal which was not slaughtered properly it is forbidden and can't be nullified since it is the agent which solidifies the milk into cheese.<ref>Avoda Zara 35a says that a maamid (coagulating agent) is forbidden even if it isn’t recognizable and has no taste since its accomplishment of transforming the food is recognizable. Mishna Chullin 116a states that cheese made with rennet from an animal that lacked a properly ritual slaughter is forbidden. Rambam (Machalot Asurot 3:13) writes that the non-Kosher rennet isn't nullified since it is the agent used to coagulate the cheese. Shulchan Aruch YD 87:11 codifies this. The Maharshal Chullin 8:106 comes to the conclusion that even non kosher rennet is nullified one in sixty like the Raavad (cited by Rashba Torat Habayit 90b) unlike Rambam Maachlot Asurot 3:13. Shach YD 87:35 and Magen Avraham 442:9 reject the Maharshal. Dagul Mirvavah 87:4 supports the Maharshal from Rashi. Igrot Moshe YD 2:32 disagrees with the Dagul Mirvavah's proof. Nonetheless, Igrot Moshe is lenient for the Maharshal after the fact for a rabbinic prohibition or something that is a doubt if it is Biblical.
#One can light in Shul even if he lit at home and can light for another congregation that has an obligation of lighting.<ref>Shaarei Teshuva 671:11 quoting Sh”t Zera Emet 1:96 and Yalkut Yosef (Kitzur S”A 671:6) say that one can say [[Shehecheyanu]] for another congregation like one can say [[Birchot HaTorah]] when getting an Aliyah even though one already said it. However on Friday afternoon when the entire congregation already said [[Shehecheyanu]] one shouldn’t repeat it as in previous note. </ref>
* Is Maamid a Biblical concern? The Bach assumes that it is. Shach 87:32 argues that for milk and meat it isn't since it is a cold mixture. Magen Avraham 442:9 writes that in general maamid is Biblical since it is like the prohibition is still intact. Chok Yakov 442:16 argues.</ref>
#Some say that the lighting of the candles in Shul doesn’t need to be lit for a half hour rather just as long as the congregation is there finishing [[Mariv]]. However it’s better to be strict to light it for a half hour.<ref>Yalkut Yosef (Moadim pg 202) </ref>
#Alternative sources of rennet include vegetable rennet, microbial rennet, and Fermentation-produced chymosin.<ref>[https://en.wikipedia.org/wiki/Rennet#Alternative_sources_of_rennet Wikipedia on Rennet]</ref>
#There is a practice to light candles with a bracha at [[Chanukah]] gatherings where there are Divrei Torah. It’s preferable to say [[Mariv]] there right afterwards but isn’t necessary.<ref>Yalkut Yosef (Moadim pg 204 note 43; Kitzur S”A 671:9), Sh”t Mishnat Yacov ([[Chanukah]] 260), Az Nidabru 5:37, 6:75, 11:32,34, Sh”T Bet Mordechai 41, Sh”t Yad Natan 2:25, Sh”t Mishnat Sachir 202 say that it’s sufficient that ten people are present for there to be Pirsume Nisa. </ref>
#Even if the rennet is kosher it is still possible for other ingredients added to the cheese to be non-Kosher such as lipase, an enzyme used to hasten the breakdown of fat and give it a more powerful taste.<ref>[http://www.kashrut.com/articles/cheese/ Rabbi Avraham Gordimer]</ref>
 
==Where should one light Chanukah candles in the Shul?==
 
#The Chanukia in Shul is put to the right of the Aron HaKodesh, which is the south side of the Shul. Some align it in the direction of South-North and some in the East-West direction. If there’s no set Minhag one should align it in the East-West direction.<ref>Bava Batra 22b says that the menorah was on the south side of the Bet Mikdash. So too the practice is to light the Chanukia in Shul to the south. Shulchan Aruch O.C. 671:7 says that one light to the south of the Shul. There’s a dispute in the Rishonim whether the Menorah in Mikdash was aligned along the south-north axis or the east-west axis. Magen Avraham says that each congregation should keep their Minhag. This is also the opinion of Yalkut Yosef (Moadim pg 204). However, Rama 671:7 in name of Trumat HaDeshen 104 rules that preferably one should align it along the east-west axis. This is also the opinion of Mishna Brurah 671:42. </ref>
#The person lighting should stand to the south of the Chanukia and light on the first night the right-most candle, closest to the Aron and on the following nights one should light in the direction of left to right.<ref>Mishna Brurah 671:43 in name of Sh”t Chatom Sofer 186. </ref> Others have the practice to light standing north of the Chanukia and light on the first night the right-most candle, the one furthest from the Aron.<ref>Edut Lyisrael (v. 1 Chanuka 5765) pp. 1-2 records that the minhag of how the menorah was arranged in the shul in Frankfurt changed over time. The Chatom Sofer said that the minhag in Frankfurt was to light from the candle closet to the Aron, even though that teshuva was written in 1828. However, The Divrei Kehilot records the practice in Frankfurt in 1819 as lighting the first night from the candle furthest from the Aron. Edut Lyisrael explains that the Chatom Sofer was writing from memory what the minhag of Frankfurt when he was a child. He left Frankfurt in 1796 and in the next 25 years the minhag could have switched. See also Shevet Sofer 24.</ref>
 
==Does one need a minyan to light Chanukah candles in the Shul?==
#One shouldn’t light with a bracha until 10 people are present in Shul even if the rest of the group is going to come while the candles are burning. <ref>Magen Avraham 671 rules that it’s considered Pirsume Nisa if the Shul lights before there are 10 people as long as they come later. [He is discussing the case of Friday afternoon but Mishna Brurah (Shaar Tzion 671:54) says that it can even apply to the weekday]. Mor Ukesiah 671e argues that there’s no Pirsume Nisa unless all 10 are present (even if there’s a need such as on Friday afternoon). Chaye Adam rules like the Magen Avraham, however, Machzik Bracha 671:7, and Yalkut Yosef (Kitzur S”A 671:13) rule like the Mor Ukesiah. Yalkut Yosef (Moadim 203 note 43), Sh”t Yabia Omer 10, comments on Rav Poalim 2:62 writes that women and children also count for the [[minyan]] needed for Pirsume Nisa since they are also obligated in the mitzvah of candle lighting. Similarly, the Ran (Megilah 19b), Ritva (Megilah 4a), Nemukei Yosef (Megilah 4a), and Meiri (Megilah 5a) say that women count for a [[minyan]] for megilah reading because they are obligated in that mitzvah. </ref>
#If there’s a case of need such as on Friday afternoon when one can’t wait until [[Shabbat]] to light, and there’s not 10 people one has what to rely on to light with [[Brachot]]. If it’s easy to get 10 people for the Bracha it’s preferable to arrange a group of 10.<ref>Mishna Brurah 671:47 (and in Beiur Halacha s.v. VeYesh Nohagin), Mekor Chaim, Minchat Elazar, Pri HaSadeh, Sh”t Maharshag, and Yalkut Yosef (Kitzur S”A 671:14). </ref>
# When lighting on Motzei Shabbat, the minhag is to light after davening before Havdalah. If for Corona concerns they are not saying havdalah in shul they should light before the kaddish titkabel or before kaddish after aleinu.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/980098/rabbi-hershel-schachter/piskei-corona-57-lighting-chanuka-candles-in-shul/ Rav Hershel Schachter (Piskei Corona Kislev 17 5781)]</ref>
 
==Who should light the candles in the Shul?==
 
#Some have the Minhag that the Shaliach Tzibbur should light and some have the Minhag that the Shamash should light.<ref>Sh”t Maharam Minz 43 and Taz 671:8 write that the Minhag was that the Shaliach Tzibbur would light and Yalkut Yosef (Kitzur S”A 671:11) says that the Minhag of Morocco was that the Shamash would light. </ref>
#Preferably a child shouldn’t light in Shul for Pirsume Nisa of the congregation. <ref>There’s a dispute in the Rishonim whether a child who is at the age of [[Chinuch]] can fulfill the obligation of others. Many Achronim hold a child shouldn’t fulfill the obligation of others concerning [[Chanukah]]  including Sh”t Kol Gadol 100, Chelko Shel Yedid pg 58b, Sh”t Olat Shmuel 105e, Pri [[Chadash]] 675:3, Ben Ish Chai Veyeshev 19, Mishna Brurah 675:13, Torat HaMoadim 2:19, and Yalkut Yosef Moadim pg 203. The Yashiv Moshe pg 86 in name of Rav Elyashiv says that if a child lit one should extinguish it and relight with a bracha. However, Yalkut Yosef (Kitzur S”A 671:16) says that by the lighting in Shul there’s room to be lenient since it’s only for the purpose of Pirsume Nisa and it’s only preferable that an adult light. Nonetheless one shouldn’t relight with a bracha because of Safek [[Brachot]]. </ref>
 
==Some other laws of lighting in shul==
 
#It is forbidden to derive benefit from the candles lit in shul for the first half hour that it is lit just like it is forbidden for the candles in the home.<ref>Mishna Brurah 673:13, Pri Megadim Aishel Avraham 675:2. </ref>
 
==Lighting Chanukah candles by the Kotel==
[[Image:kotel.jpg|300px|right]]
 
#By the Kotel, the congregation lights with a bracha between [[Mincha]] and [[Mariv]] because there’s Pirsume Nisa. <ref>Yalkut Yosef (Kitzur S”A 671:3), Sh"t Az Nidberu 6: pg. 137, Sh"t Rivevot Efrayim 4: pg. 316 </ref>
 
==Other Public Gatherings==
 
#If a [[minyan]] is praying in a home there is no requirement to light before praying [[arvit]].<ref>Rav Elyashiv quoted Sefer Otzar Hayedios Inyanei [[Chanukah]] page 151 </ref>
#Many poskim write that if one is going to light at a public [[gathering]] such as a [[chanuka]] party or a wedding, they should do so without a beracha.<ref>Sh"t Tzitz Eliezer 15:30 writes that since the poskim had to work hard to justify the minhag of lighting in a shul, we shouldn't extend it to other lighting. Minchat Yitzchak 6:65:3, Rav Shlomo Zalman Auerbach (opinion cited in Sh"t Az Nidberu 6:75, though Rav Zilber himself disagrees, see below), Sh"t Shevet Halevi 4:65, Teshuvot Vihanhagot 1:398, Divrei Yatziv 286:3, Rav Avigdor Neventzal (Yerushalayim BiMoadeha pg. 197) also say not to light in public places other than the shuls. </ref> Other poskim disagree and allow it for the pirsumei nisa.<ref>Chacham David Yosef in Torat Hamoadim Hilchot [[Chanukah]] 7:16 says a beracha shouldn't be recited unless [[Arvit]] is recited at that [[gathering]]. Yalkut Yosef [[Chanukah]] 671:10 however, writes that although in Yalkut Yosef Moadim pg. 204 he wrote that you would need to say [[arvit]] to be able to say a beracha on the lighting in that place, his father said that really [[arvit]] is not necessary, and one would be able to recite a beracha on the lighting even if there wasn't a [[minyan]] for [[arvit]] afterwards. He adds that nevertheless one should try to recite [[arvit]]. Mishnat Yaakov on the Rambam [[Chanukah]] 3:4, Sh"t Az Nidberu 5:37, Sh"t Yad Natan 2:25, Sht Mishneh Sachir 202, Sh"t Beit Mordechai 41 say that a beracha can be recited as well. [http://www.yutorah.org/lectures/lecture.cfm/785327/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Public_Menorah_Lighting Rabbi Aryeh Lebowitz] adds that this seems to be the minhag Chabad as well. </ref>
 
==Links==
 
*[http://www.hebrewbooks.org/56810 Yalkut Yosef Hilchot Chanukah (Hebrew 5773)]


==Sources==
==Sources==
<references />
<references />
[[Category:Chanukah]]
[[Category:Holidays]]

Revision as of 09:19, 23 December 2024

The practice is to light Chanukah candles in Shul between Mincha and Mariv with a bracha since it’s a very old Minhag so there’s Pirsume Nisa to those in Shul during Mariv. [1]

When should one light Chanukah candles in the Shul?

  1. The congregation should light Chanukah Candles between Mincha and Mariv even if it means lighting at sunset (Shekiyah) because the congregation would leave right after Mariv and there wouldn’t be Pirsume Nisa for the candles.[2]
  2. If a Shul has a few minyanim for Maariv, the Menorah should remain lit from before the first minyan until after the last minyan [3]
  3. Ideally one should not extinguish the menorah in shul until it has lit for a half hour since some say a guest can fulfill his obligation and since it is zecher lamikdash. If one is afraid of a fire, or that one may steal the Menorah, one may extinguish the Shul's Menorah even if the 1/2 hour didn't pass yet.[4]

Lighting in Shul in the Morning

  1. There is a practice to light in shul in the morning for Shacharit without a bracha.[5]
  2. Two of the reasons given for this practice are: since we lit in the Shul in order to fulfill Pirsumei Nisa and we only light it for Maariv we don't light for the requisite 30 minutes and so we make up for it during the day. Alternatively, we light in the Shul corresponding to the lighting of the Bet Hamikdash and according to the Rambam[6] they lit the Menorah in the Bet Hamikdash at night and the morning.[7]

Fulfilling one's obligation of candle lighting with the lighting in the Shul

  1. One doesn’t fulfill his obligation with the lighting in Shul even if one did the lighting and so one can light at home for his family with all the Brachot.[8] However if he lives by himself and he lit in Shul for the congregation, when he lights at home, according to Sephardim, he should only say the Bracha of LeHadlik Ner (and not SheAssa Nissim and Shehecheyanu). Ashkenazim, however, can say LeHadlik and SheAssa just not Shehecheyanu. [9]
  2. On a Friday afternoon, if one already lit at home before coming to Shul (as will everyone else) he should light in Shul without the Bracha Shehecheyanu. Sephardim say that one shouldn’t say the bracha of She’assa Nisim either but just the bracha of LeHadlik. [10]
  3. One can light in Shul even if he lit at home and can light for another congregation that has an obligation of lighting.[11]
  4. Some say that the lighting of the candles in Shul doesn’t need to be lit for a half hour rather just as long as the congregation is there finishing Mariv. However it’s better to be strict to light it for a half hour.[12]
  5. There is a practice to light candles with a bracha at Chanukah gatherings where there are Divrei Torah. It’s preferable to say Mariv there right afterwards but isn’t necessary.[13]

Where should one light Chanukah candles in the Shul?

  1. The Chanukia in Shul is put to the right of the Aron HaKodesh, which is the south side of the Shul. Some align it in the direction of South-North and some in the East-West direction. If there’s no set Minhag one should align it in the East-West direction.[14]
  2. The person lighting should stand to the south of the Chanukia and light on the first night the right-most candle, closest to the Aron and on the following nights one should light in the direction of left to right.[15] Others have the practice to light standing north of the Chanukia and light on the first night the right-most candle, the one furthest from the Aron.[16]

Does one need a minyan to light Chanukah candles in the Shul?

  1. One shouldn’t light with a bracha until 10 people are present in Shul even if the rest of the group is going to come while the candles are burning. [17]
  2. If there’s a case of need such as on Friday afternoon when one can’t wait until Shabbat to light, and there’s not 10 people one has what to rely on to light with Brachot. If it’s easy to get 10 people for the Bracha it’s preferable to arrange a group of 10.[18]
  3. When lighting on Motzei Shabbat, the minhag is to light after davening before Havdalah. If for Corona concerns they are not saying havdalah in shul they should light before the kaddish titkabel or before kaddish after aleinu.[19]

Who should light the candles in the Shul?

  1. Some have the Minhag that the Shaliach Tzibbur should light and some have the Minhag that the Shamash should light.[20]
  2. Preferably a child shouldn’t light in Shul for Pirsume Nisa of the congregation. [21]

Some other laws of lighting in shul

  1. It is forbidden to derive benefit from the candles lit in shul for the first half hour that it is lit just like it is forbidden for the candles in the home.[22]

Lighting Chanukah candles by the Kotel

Kotel.jpg
  1. By the Kotel, the congregation lights with a bracha between Mincha and Mariv because there’s Pirsume Nisa. [23]

Other Public Gatherings

  1. If a minyan is praying in a home there is no requirement to light before praying arvit.[24]
  2. Many poskim write that if one is going to light at a public gathering such as a chanuka party or a wedding, they should do so without a beracha.[25] Other poskim disagree and allow it for the pirsumei nisa.[26]

Links

Sources

  1. Tur, S”A 671:7, Yalkut Yosef 671:1. Sh"t Melamed Lehoil OC 121 points out that this minhag is not mentioned by any of the earlier mainstream Rishonim like the Rif, the rosh, the rambam and the first one to mention it is the Baal Haitur 2:Hilchot Chanukah 114b, but doesn't mention if we should say a beracha. Shibbolei Haleket 185 questions the minhag and says that for sure one shouldn't light with a beracha. However, Sh"t Rivash 111 (quoted in Beit Yosef 671) says that this lighting is to fulfill the obligation publicly since nowadays we light inside and this is a strong minhag that's done for the purpose of pirsumei nisa and therefore requires a beracha. Beiur Halacha 671 “ubibet haknesset” notes that we don’t paskin like the rivash’s reason because we light in shul even in places where we can light outside. Orchot Chayim Hilchot Chanukah Ot 17 says that the minhag developed so that those who didn't know how to light could fulfill their obligation in shuls. Sdei Chemed Asifat Dinim Chanukah 24 notes that this is the primary reason for the lighting. Sefer hamanhig 148 (pg. 531) says that the lighting is zecher lamikdash and a shul is considered a mikdash miat (based on the gemara in megilla 29a's interpretation of the pasuk in Yechezkel 11:16. Beit yosef 671 quotes the Kol Bo 44 as saying the reason is to fulfill the obligation of those who weren't doing it otherwise, like we did for Kiddush in shul on Friday night and that is is a special pirsum hanes. Mor Uketzia 672 expounds on this point. See also Kaf Hachaim 671:70.

    Many Achronim including Sh"t Chacham Tzvi 88 question how S”A could say that one can make a bracha for such a lighting which is only a Minhag [Because of this question the Pri Chadash says to light without a bracha]. Further the Ravyah quoted by the Bet Yosef 671 says that since it’s only a Minhag we (Ashkenazim) only make a bracha because it’s a Minhag and Ashkenazim make a bracha on Minhag, like Hallel on Rosh Chodesh. However, according to Sephardim who don’t make Brachot on a Minhag, how can S”A rule to make a bracha in Shul?

    One answer (brought by Yalkut Yosef 671) is that it’s meant to fulfill the obligation (by saying Birchat HaRoah) of those who don’t have a house and can’t light, based on Orchot Chaim Ot 17. Secondly, Sh”t Rivash 111 says it’s done to fulfill the obligation publicly since nowadays we light inside and that this is a strong Minhag that’s done for the purpose of Pirsume Nisa and requires a bracha. [A third answer that we clearly don’t pasken like is that the Sherit Yosef who says that by Chanukah candles we go Safek Brachot LeHachmir.] Kaf Hachaim 671:70 answers based on the Gra 671:7 that it requires a beracha since it is a special fulfillment of Pirsumei Nisa, like Hallel on the first night of pesach. See Sh"t Yabea Omer 7:57 for other answers to this question.

  2. Rashba (Shabbat 21b) says that if one wants he can light at Shkiah because there’s also Pirsume Nisa then. Orchot Chaim (Chanukah 15), Ritva and Ran on Shabbat 21b. Rashba (Shabbat 21a), Ritva (Shabbat 21a), Ran (Shabbat 21a), Orchot Chaim (Chanukah 15), and Bach 672 say that one can light earlier than the proper time to light (Tzet for Sephardim, Shekiah for some Ashkenazim) because if one delayed lighting in Shul until after Mariv people would leave and there wouldn’t be Pirsume Nisa. Bach 672 says in Shul the Shaliach Tzibbur can light at Shkiah. Sh”t Shev Yacov 22 pg 28a says it’s established to light between Mincha and Mariv (and so says Avudraham 54d) and the reason is that if they light after Mariv the whole congregation would leave. Sh”t Zivchai Tzedek (O”C 2:29,3:112 pg 213) writes that that was the Minhag of Bagdad based on the Yesh Omerim of S”A 672:2. This is also the opinion of Chazon Ovadyah pg 69 and records that such is the Minhag Yerushalayim. Sh”t Shraga HaMeir 7:44 says that if the congregation forgot to light in between Mincha and Mariv they should light before Alenu so there’s a minyan still there. See also Yeraim 102e.
  3. Rav Chaim Kanievsky quoted in Sefer Yimei Hallel ViHodaah page 299 footnote 53. He adds that if the Menorah burned out, or if the last minyan is much later than the first minyan, it should indeed be lit again before the last minyan with the berachot. Rabbi Eli Mansour writes that if the menorah burnt out it should be lit again but without a beracha. see also Sh"t Yabea Omer 7:57 on the minhag of the Musayof Shul.
  4. Sh"t Rivevot Ephraim 3:453,5:432, Sh"t Shevet HaLevi 8:156
  5. Pri Megadim Eshel Avraham 670:2, Yalkut Yosef (Moadim pg 205), Shearim Mitzuyanim Bihalacha 139:19, Sh"t Melamed Lehoil OC 121, Rav Yoel Schwartz
  6. Rambam Tamidin Umusafin 3, Mitzvah Aseh 25. See further Rashba teshuva 79, 309
  7. Melamed Lhoil OC 121
  8. Mishna Brurah 671:45, Sh”t Rivash 111 says that one doesn’t fulfill his obligation with the lighting in Shul. This is also the opinion of Rama 671:7. Gra (671:7 s.v. viein) explains the obligation of lighting is personal and also related to one’s household and one doesn’t fulfill that aspect of the lighting when lighting in Shul.
  9. Sh”t Zera Emet 1:96 says that once one said the Bracha of Shehecheyanu in Shul one doesn’t repeat it at home unless one is fulfilling the obligation of his family. This is also the opinion of Shaarei Teshuva 671:11 and Mishna Brurah 671:45. Sh”t Igrot Moshe O”C 1:190 argues on Zera Emet that there should be no difference between Shehecheyanu and SheAssa Nisim (and thus one should be able to repeat all the Brachot even by oneself). Yalkut Yosef (Moadim pg 200), Halichot Olam 1 pg 66, Taharat Mayim, Sh”t Hitorerut Teshuva 1:103, Leket Yosher 151, and Sh”t Yechave Daat 2:77 say that if one is only lighting at home for himself and he made the Brachot in Shul he should only make the Bracha of LeHadlik Ner. Rav Soloveitchik (Nefesh Harav p. 225) agreed.
  10. Sh”t Tzitz Eliezer 13:69 based on the Bach says that even if one said the Bracha of Shehecheyanu at home one can still say it at Shul on Friday afternoon when everyone there already lit with Brachot. However Sh”t Chatom Sofer O”C 55 and Shaarei Knesset HaGedolah argue on the Bach. Sephardim should not even repeat She’assa Nisim as brought down by Yalkut Yosef (Moadim pg 200 note 37) and Ben Ish Chai Vayeshev 11.
  11. Shaarei Teshuva 671:11 quoting Sh”t Zera Emet 1:96 and Yalkut Yosef (Kitzur S”A 671:6) say that one can say Shehecheyanu for another congregation like one can say Birchot HaTorah when getting an Aliyah even though one already said it. However on Friday afternoon when the entire congregation already said Shehecheyanu one shouldn’t repeat it as in previous note.
  12. Yalkut Yosef (Moadim pg 202)
  13. Yalkut Yosef (Moadim pg 204 note 43; Kitzur S”A 671:9), Sh”t Mishnat Yacov (Chanukah 260), Az Nidabru 5:37, 6:75, 11:32,34, Sh”T Bet Mordechai 41, Sh”t Yad Natan 2:25, Sh”t Mishnat Sachir 202 say that it’s sufficient that ten people are present for there to be Pirsume Nisa.
  14. Bava Batra 22b says that the menorah was on the south side of the Bet Mikdash. So too the practice is to light the Chanukia in Shul to the south. Shulchan Aruch O.C. 671:7 says that one light to the south of the Shul. There’s a dispute in the Rishonim whether the Menorah in Mikdash was aligned along the south-north axis or the east-west axis. Magen Avraham says that each congregation should keep their Minhag. This is also the opinion of Yalkut Yosef (Moadim pg 204). However, Rama 671:7 in name of Trumat HaDeshen 104 rules that preferably one should align it along the east-west axis. This is also the opinion of Mishna Brurah 671:42.
  15. Mishna Brurah 671:43 in name of Sh”t Chatom Sofer 186.
  16. Edut Lyisrael (v. 1 Chanuka 5765) pp. 1-2 records that the minhag of how the menorah was arranged in the shul in Frankfurt changed over time. The Chatom Sofer said that the minhag in Frankfurt was to light from the candle closet to the Aron, even though that teshuva was written in 1828. However, The Divrei Kehilot records the practice in Frankfurt in 1819 as lighting the first night from the candle furthest from the Aron. Edut Lyisrael explains that the Chatom Sofer was writing from memory what the minhag of Frankfurt when he was a child. He left Frankfurt in 1796 and in the next 25 years the minhag could have switched. See also Shevet Sofer 24.
  17. Magen Avraham 671 rules that it’s considered Pirsume Nisa if the Shul lights before there are 10 people as long as they come later. [He is discussing the case of Friday afternoon but Mishna Brurah (Shaar Tzion 671:54) says that it can even apply to the weekday]. Mor Ukesiah 671e argues that there’s no Pirsume Nisa unless all 10 are present (even if there’s a need such as on Friday afternoon). Chaye Adam rules like the Magen Avraham, however, Machzik Bracha 671:7, and Yalkut Yosef (Kitzur S”A 671:13) rule like the Mor Ukesiah. Yalkut Yosef (Moadim 203 note 43), Sh”t Yabia Omer 10, comments on Rav Poalim 2:62 writes that women and children also count for the minyan needed for Pirsume Nisa since they are also obligated in the mitzvah of candle lighting. Similarly, the Ran (Megilah 19b), Ritva (Megilah 4a), Nemukei Yosef (Megilah 4a), and Meiri (Megilah 5a) say that women count for a minyan for megilah reading because they are obligated in that mitzvah.
  18. Mishna Brurah 671:47 (and in Beiur Halacha s.v. VeYesh Nohagin), Mekor Chaim, Minchat Elazar, Pri HaSadeh, Sh”t Maharshag, and Yalkut Yosef (Kitzur S”A 671:14).
  19. Rav Hershel Schachter (Piskei Corona Kislev 17 5781)
  20. Sh”t Maharam Minz 43 and Taz 671:8 write that the Minhag was that the Shaliach Tzibbur would light and Yalkut Yosef (Kitzur S”A 671:11) says that the Minhag of Morocco was that the Shamash would light.
  21. There’s a dispute in the Rishonim whether a child who is at the age of Chinuch can fulfill the obligation of others. Many Achronim hold a child shouldn’t fulfill the obligation of others concerning Chanukah including Sh”t Kol Gadol 100, Chelko Shel Yedid pg 58b, Sh”t Olat Shmuel 105e, Pri Chadash 675:3, Ben Ish Chai Veyeshev 19, Mishna Brurah 675:13, Torat HaMoadim 2:19, and Yalkut Yosef Moadim pg 203. The Yashiv Moshe pg 86 in name of Rav Elyashiv says that if a child lit one should extinguish it and relight with a bracha. However, Yalkut Yosef (Kitzur S”A 671:16) says that by the lighting in Shul there’s room to be lenient since it’s only for the purpose of Pirsume Nisa and it’s only preferable that an adult light. Nonetheless one shouldn’t relight with a bracha because of Safek Brachot.
  22. Mishna Brurah 673:13, Pri Megadim Aishel Avraham 675:2.
  23. Yalkut Yosef (Kitzur S”A 671:3), Sh"t Az Nidberu 6: pg. 137, Sh"t Rivevot Efrayim 4: pg. 316
  24. Rav Elyashiv quoted Sefer Otzar Hayedios Inyanei Chanukah page 151
  25. Sh"t Tzitz Eliezer 15:30 writes that since the poskim had to work hard to justify the minhag of lighting in a shul, we shouldn't extend it to other lighting. Minchat Yitzchak 6:65:3, Rav Shlomo Zalman Auerbach (opinion cited in Sh"t Az Nidberu 6:75, though Rav Zilber himself disagrees, see below), Sh"t Shevet Halevi 4:65, Teshuvot Vihanhagot 1:398, Divrei Yatziv 286:3, Rav Avigdor Neventzal (Yerushalayim BiMoadeha pg. 197) also say not to light in public places other than the shuls.
  26. Chacham David Yosef in Torat Hamoadim Hilchot Chanukah 7:16 says a beracha shouldn't be recited unless Arvit is recited at that gathering. Yalkut Yosef Chanukah 671:10 however, writes that although in Yalkut Yosef Moadim pg. 204 he wrote that you would need to say arvit to be able to say a beracha on the lighting in that place, his father said that really arvit is not necessary, and one would be able to recite a beracha on the lighting even if there wasn't a minyan for arvit afterwards. He adds that nevertheless one should try to recite arvit. Mishnat Yaakov on the Rambam Chanukah 3:4, Sh"t Az Nidberu 5:37, Sh"t Yad Natan 2:25, Sht Mishneh Sachir 202, Sh"t Beit Mordechai 41 say that a beracha can be recited as well. Rabbi Aryeh Lebowitz adds that this seems to be the minhag Chabad as well.