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Placement of the Chanukah Candles: Difference between revisions

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== Placement of the Chanukia==
== Placement of the Chanukia==
# If there’s a courtyard in front of a house it should be put by the doorway of the courtyard and not the doorway of house. But one who lives in an upper floor without a doorway to the public, should light by a window or porch facing the public. <ref> Rashi ([[Shabbat]] 21a D”H Mibachutz) says the chanukia isn’t put in the reshut harabim but in the courtyard. The Rashba and Ran explain this to mean that it should be put at the doorway to the house and not the doorway to the courtyard. So holds the Smag ([[Chanukah]]) in name of the Ri (not the same one as tosfot, see Bach 671:5), Hagahot Maimon ([[Chanukah]] 4:30) in name of Ri, Riaz ([[Shabbat]] 21a), and Shiltei Giborim([[Shabbat]] 21a). However Tosfot ([[Shabbat]] 21a D”H Mitzvah) writes it should be put outside the entrance to the courtyard. So holds Piskei Rid, Rashba, Tur, and S”A 671:5. Rashi ([[Shabbat]] 21b D”H im haya dar ba’aliya) writes that one living in an upper floor only puts it by the window if he has no place to put it in the courtyard (this fits with his opinion of putting it in the courtyard and not by the entrance).  
# If there’s a courtyard in front of a house it should be put by the doorway of the courtyard and not the doorway of house. But one who lives in an upper floor without a doorway to the public, should light by a window or porch facing the public. <ref> </ref>
* Similarly, the Tur 671:5 (explained by the Beit Yosef) writes that one who lives in an upper floor apartment is supposed to light in the window only if the apartment doesn't have a doorway to a courtyard or public domain. If there was a doorway to a public domain, one should light by that doorway and if there was a doorway to the courtyard, one should light by the door to the courtyard. If the door to the upper floor apartment only opens up to the downstairs apartment, one should light in the window. If there's a doorway from the upstairs apartment into the downstairs, why couldn't one light by the doorway to the entire house? The Beit Yosef 671:5 answers that the Tur holds that only if the door to the upstairs apartment goes into the house itself, lighting by the house doorway  won’t be recognizable that it belongs to the upstairs apartment. Nonetheless, Torat HaMoadim 3:2 based on Ritva ([[Shabbat]] 21b) says that the Bet Yosef’s concern doesn’t apply to the stairwell because it’s known that all the tenants have rights to the stairwell so someone in an upper floor apartment can still put a chanukia there. </ref>
# If there’s a courtyard from one’s house to the public domain, one should light by the public domain and not at the door of one’s house. There’s a dispute whether the hallway and stairwell connecting an apartment to the street is considered like a courtyard in front of a house or not.<ref>The Gemara ([[Shabbat]] 21b) states that [[Chanukah]] candles should be lit outside the door of one’s house. Rashi (s.v. MeBaChutz) explains that the [[Chanukah]] candles should be placed inside the courtyard and not in the public domain, whereas Tosfot (s.v. Mitzvah) argue that it should be placed by the entrance to the courtyard. The Piskei Rid, Rashba, Tur, and Shulchan Aruch 671:5 hold like Tosfot.
# If there’s a courtyard from one’s house to the public domain, one should light by the public domain and not at the door of one’s house. There’s a dispute whether the hallway and stairwell connecting an apartment to the street is considered like a courtyard in front of a house or not.<ref>The Gemara ([[Shabbat]] 21b) states that [[Chanukah]] candles should be lit outside the door of one’s house. Rashi (s.v. MeBaChutz) explains that the [[Chanukah]] candles should be placed inside the courtyard and not in the public domain, whereas Tosfot (s.v. Mitzvah) argue that it should be placed by the entrance to the courtyard. Shulchan Aruch 671:5 holds like Tosfot.</ref>
* Rashba ([[Shabbat]] 21b) and Ran explain that Rashi's opinion is that the candles should be lit by the doorway to the house and not the doorway to the courtyard. This is also the opinion of the Ri (cited by the Smag [[Chanukah]] and Hagahot Maimon ([[Chanukah]] 4:30), see, however, Bach 671:5), Riaz ([[Shabbat]] 21a), and Shiltei Giborim ([[Shabbat]] 21a).  
* Based on this dispute between Rashi and Tosfot, there is another dispute about how to explain the case of someone who lives in an upper floor. Rashi ([[Shabbat]] 21b D”H im haya dar ba’aliya) writes that one living in an upper floor only puts it by the window if he has no place to put it in the courtyard (this fits with his opinion of putting it in the courtyard and not by the entrance).  
* Similarly, the Tur 671:5 (explained by the Beit Yosef) writes that one who lives in an upper floor apartment is supposed to light in the window only if the apartment doesn't have a doorway to a courtyard or public domain. If there was a doorway to a public domain, one should light by that doorway and if there was a doorway to the courtyard, one should light by the door to the courtyard. If the door to the upper floor apartment only opens up to the downstairs apartment, one should light in the window. If there's a doorway from the upstairs apartment into the downstairs, why couldn't one light by the doorway to the entire house? The Beit Yosef 671:5 answers that the Tur holds that only if the door to the upstairs apartment goes into the house itself, lighting by the house doorway  won’t be recognizable that it belongs to the upstairs apartment. Nonetheless, Torat HaMoadim 3:2 based on Ritva ([[Shabbat]] 21b) says that the Bet Yosef’s concern doesn’t apply to the stairwell because it’s known that all the tenants have rights to the stairwell so someone in an upper floor apartment can still put a chanukia there.</ref>
## If the stairwell is considered a courtyard, one should light by the entrance to the apartment building.<ref>Rav Shlomo Zalman Auerbach (Halichot Shlomo 14:4) holds that if one lives in an apartment building, he should light by the entrance to the apartment building, as it leads out to the street. Since the stairwell and entrance is used for entering and exiting, it is recognizable that the candles lit at the entrance of the building were lit by one of the tenants. Therefore, he considers the staircase that goes from one’s apartment to the building entrance as a courtyard, and one should light at the entrance of the courtyard in accordance with the opinion of Tosfot.</ref>
## If the stairwell is considered a courtyard, one should light by the entrance to the apartment building.<ref>Rav Shlomo Zalman Auerbach (Halichot Shlomo 14:4) holds that if one lives in an apartment building, he should light by the entrance to the apartment building, as it leads out to the street. Since the stairwell and entrance is used for entering and exiting, it is recognizable that the candles lit at the entrance of the building were lit by one of the tenants. Therefore, he considers the staircase that goes from one’s apartment to the building entrance as a courtyard, and one should light at the entrance of the courtyard in accordance with the opinion of Tosfot.</ref>
## If the stairwell is not considered a courtyard, one should light by the entrance of one’s apartment if it can be seen by those who pass by. Alternatively, one should light by the window facing the public domain unless the window is above 20 [[amot]] from the street level.<Ref>Regarding Eruvin, the Chazon Ish (OC 65:52) posits that nowadays, there is no such thing as a halachic courtyard because we don’t treat courtyards or streets as extensions of the house as they did in the days of Chazal. Therefore, the Chazon Ish (quoted in Shevut Yitzchak [[Chanukah]] p. 6) rules that one may not light [[Chanukah]] candles by the entrance to a courtyard because it is not considered a halachic courtyard. Rav Nissim Karelitz (Chut HaShani [[Chanukah]] pg 306-7) adds that according to the Chazon Ish, one who lives in an apartment should light at one’s doorway unless people won't see it, in which case one should light in the window facing the public domain. Similarly, Torat HaMoadim (Rav David Yosef, 3:2, pg 74-6) writes that according to the Chazon Ish, one should light by the window facing the public domain if it's within 20 [[amot]] of street level, otherwise one should light by the door of one's apartment.</ref>
## If the stairwell is not considered a courtyard, one should light by the entrance of one’s apartment if it can be seen by those who pass by. Alternatively, one should light by the window facing the public domain unless the window is above 20 [[amot]] from the street level.<Ref>Regarding Eruvin, the Chazon Ish (OC 65:52) posits that nowadays, there is no such thing as a halachic courtyard because we don’t treat courtyards or streets as extensions of the house as they did in the days of Chazal. Therefore, the Chazon Ish (quoted in Shevut Yitzchak [[Chanukah]] p. 6) rules that one may not light [[Chanukah]] candles by the entrance to a courtyard because it is not considered a halachic courtyard. Rav Nissim Karelitz (Chut HaShani [[Chanukah]] pg 306-7) adds that according to the Chazon Ish, one who lives in an apartment should light at one’s doorway unless people won't see it, in which case one should light in the window facing the public domain. Similarly, Torat HaMoadim (Rav David Yosef, 3:2, pg 74-6) writes that according to the Chazon Ish, one should light by the window facing the public domain if it's within 20 [[amot]] of street level, otherwise one should light by the door of one's apartment.</ref>