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## 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> | ||
# Nowadays, one doesn’t have to light by a door on each side of the house because of a concern that passersby will say that he didn't light a Chanukia.<ref> [[Shabbat]] 23a Rav Huna says because of suspicion if a house has two doors (to the outside) he should light by both, and Rava explains that’s only if the doors are on separate sides. This is also the opinion of Rambam ([[Chanukah]] 4:10), Tur and S”A 671:8. However nowadays one doesn’t have to light because of suspicion. This is also the opinion of Sefer HaTruma 228, Smak 280, Orchot Chaim ([[Chanukah]] 13) in name of Rabbi Yehuda MeKorvin, Hagahot Maimon ([[Chanukah]] 4:30) in name of Rabbenu Simcha, Sh”t HaRashba 1:541, Ritva ([[Shabbat]] 23a), Meiri, Mordechai ([[Shabbat]] 2:266), Sefer HaMeorot ([[Shabbat]] 23a), Shibolei HaLeket 185, Ohel Moed ([[Chanukah]] 5, Rama 671, Sh”t Maharshal, Hagahot Maharikash, Pri Chadash, Sh”t Bet David O”C 472, Torat HaMoadim 3:8. </ref> | # Nowadays, one doesn’t have to light by a door on each side of the house because of a concern that passersby will say that he didn't light a Chanukia.<ref> [[Shabbat]] 23a Rav Huna says because of suspicion if a house has two doors (to the outside) he should light by both, and Rava explains that’s only if the doors are on separate sides. This is also the opinion of Rambam ([[Chanukah]] 4:10), Tur and S”A 671:8. However nowadays one doesn’t have to light because of suspicion. This is also the opinion of Sefer HaTruma 228, Smak 280, Orchot Chaim ([[Chanukah]] 13) in name of Rabbi Yehuda MeKorvin, Hagahot Maimon ([[Chanukah]] 4:30) in name of Rabbenu Simcha, Sh”t HaRashba 1:541, Ritva ([[Shabbat]] 23a), Meiri, Mordechai ([[Shabbat]] 2:266), Sefer HaMeorot ([[Shabbat]] 23a), Shibolei HaLeket 185, Ohel Moed ([[Chanukah]] 5, Rama 671, Sh”t Maharshal, Hagahot Maharikash, Pri [[Chadash]], Sh”t Bet David O”C 472, Torat HaMoadim 3:8. </ref> | ||
# One must light in the place where the Chanukia is going to stay. Thus, one shouldn’t light indoors and then move the Chanukia outside or light it in one’s hand and then put it down. If one did so, one should extinguish the candles and relight without a bracha. Consequently, a sick person should light while in bed and then have the Chanukia moved but rather should let another household member light. <ref> Rava's opinion on [[Shabbat]] 22b is that one must light the [[Chanukah]] candles where the candles are going stay. Rambam ([[Chanukah]] 4:9), Tur and S”A (675:1) codify this as the halacha. Pri Chadash says one shouldn’t make a bracha if one needs to light again, against Hagahot Rabbi Akiva Eiger 675 who says to make a bracha. Because of Safek [[Brachot]] one shouldn’t make a bracha (in addition to the idea that perhaps one fulfills the mitzvah not it’s place if it’s recognizable that it’s lit for [[Chanukah]]- Sh”t Lev Chaim 3:146), so holds Torat HaMoadim 3:9 and Sh”t Hitorerut Teshuva 2:110. [Also, a sefek sefeka isn’t sufficient to allow a bracha- see Yechave Daat 5:21] Torat HaMoadim 3:9 quotes the ruling of a sick person from Sh”t Lev Chaim 3:146. </ref> | # One must light in the place where the Chanukia is going to stay. Thus, one shouldn’t light indoors and then move the Chanukia outside or light it in one’s hand and then put it down. If one did so, one should extinguish the candles and relight without a bracha. Consequently, a sick person should light while in bed and then have the Chanukia moved but rather should let another household member light. <ref> Rava's opinion on [[Shabbat]] 22b is that one must light the [[Chanukah]] candles where the candles are going stay. Rambam ([[Chanukah]] 4:9), Tur and S”A (675:1) codify this as the halacha. Pri [[Chadash]] says one shouldn’t make a bracha if one needs to light again, against Hagahot Rabbi Akiva Eiger 675 who says to make a bracha. Because of Safek [[Brachot]] one shouldn’t make a bracha (in addition to the idea that perhaps one fulfills the mitzvah not it’s place if it’s recognizable that it’s lit for [[Chanukah]]- Sh”t Lev Chaim 3:146), so holds Torat HaMoadim 3:9 and Sh”t Hitorerut [[Teshuva]] 2:110. [Also, a sefek sefeka isn’t sufficient to allow a bracha- see Yechave Daat 5:21] Torat HaMoadim 3:9 quotes the ruling of a sick person from Sh”t Lev Chaim 3:146. </ref> | ||
==Lighting Indoors or Outdoors== | ==Lighting Indoors or Outdoors== | ||
# Nowadays, many have the practice to light indoors even when it is not dangerous to light outside. If one is lighting indoors, he should place the chanukia to the left of the door within a [[tefach]] of the door. If, however, there is a window facing the public within 20 [[amot]] of the ground, he should light by the window rather than by the door. Some are strict to light outside, placing their chanukia inside a glass box.<ref> | # Nowadays, many have the practice to light indoors even when it is not dangerous to light outside. If one is lighting indoors, he should place the chanukia to the left of the door within a [[tefach]] of the door. If, however, there is a window facing the public within 20 [[amot]] of the ground, he should light by the window rather than by the door. Some are strict to light outside, placing their chanukia inside a glass box.<ref> | ||
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* Similarly, Rabbenu Yerucham 9:1, Siddur Rav Amram Goan, Hilchot Kesuvot Min HaGoenim, Darkei Moshe 671:9, Bach 671e hold that since thieves come (which is also called “danger”), they would light inside. | * Similarly, Rabbenu Yerucham 9:1, Siddur Rav Amram Goan, Hilchot Kesuvot Min HaGoenim, Darkei Moshe 671:9, Bach 671e hold that since thieves come (which is also called “danger”), they would light inside. | ||
* Sh”t Imrei Noam 2:29 and Sh”t Minchat Yitzchak 6:66 quote Megilat Taanit 1 which says because of a fear of scoffers the practice is to light inside. | * Sh”t Imrei Noam 2:29 and Sh”t Minchat Yitzchak 6:66 quote Megilat Taanit 1 which says because of a fear of scoffers the practice is to light inside. | ||
* Nonetheless, the Meiri ([[Shabbat]] 21b), Tosfot ([[Shabbat]] 45a s.v. Makmi) in name of Ri, Rid, Riaz, Ran, and Pri Chadash explaining S”A 671:5 say that a “danger” is considered when the government makes a decree forbidding lighting (and not just a fear of thievery). Still, the Raavad, Rashba, Sefer Trumah, and Ritva (against the Rambam) hold that if one lights inside not at the time of danger one fulfills his obligation after the fact. | * Nonetheless, the Meiri ([[Shabbat]] 21b), Tosfot ([[Shabbat]] 45a s.v. Makmi) in name of Ri, Rid, Riaz, Ran, and Pri [[Chadash]] explaining S”A 671:5 say that a “danger” is considered when the government makes a decree forbidding lighting (and not just a fear of thievery). Still, the Raavad, Rashba, Sefer Trumah, and Ritva (against the Rambam) hold that if one lights inside not at the time of danger one fulfills his obligation after the fact. | ||
* Rama 671:7 writes that the accepted minhag nowadays is to light indoors next to the doorway. Mishna Brurah 671:38 agrees and adds that if there's a window to the public domain and there's no issue of danger one should light by the window. | * Rama 671:7 writes that the accepted minhag nowadays is to light indoors next to the doorway. Mishna Brurah 671:38 agrees and adds that if there's a window to the public domain and there's no issue of danger one should light by the window. | ||
* Others who defend the practice to light inside include: Tzafnat Pane’ach ([[Chanukah]] 3:3), Yaskil Avdi O”C 7:46, and Torat HaMoadim 3:4. See Mishna Brurah 671:35. Hanukah Booklet by Shaare Rachamim (pg 110) writes that Syrian minhag is to light indoors. | * Others who defend the practice to light inside include: Tzafnat Pane’ach ([[Chanukah]] 3:3), Yaskil Avdi O”C 7:46, and Torat HaMoadim 3:4. See Mishna Brurah 671:35. Hanukah Booklet by Shaare Rachamim (pg 110) writes that Syrian minhag is to light indoors. | ||
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* On the other hand, 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. | * On the other hand, 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. | ||
* Rabbi Mordechai Willig (Halachipedia Article 5773 #11) said that even according to the Chazon Ish one could explain the minhag of the yeshiva to light at the dorm building entrances because people walk around more casually in the dorms than they would in the street. | * Rabbi Mordechai Willig (Halachipedia Article 5773 #11) said that even according to the Chazon Ish one could explain the minhag of the yeshiva to light at the dorm building entrances because people walk around more casually in the dorms than they would in the street. | ||
* Rav Hershel Schachter ( | * Rav Hershel Schachter (“Where to Light Neiros [[Chanukah]] in the dorm,” min 1-6 min 1-6) explained that perhaps a yeshiva student living in the dorms cannot fulfill his obligation by lighting in the lobby, as the staircase is not considered a courtyard. He added that the hallways of each floor are considered courtyards because they really are used for private uses, as people walk around in bathrobes when going to take a shower. Regarding lighting on a floor other than where one lives, there is less room to believe that the stairwell is considered a courtyard. Rav Schachter (Halachipedia Article 5773 #11) stated explicitly that it is absolutely forbidden to light in the dorm rooms without permission. As such, one either should light at home or, if that is not feasible, he should light in the lobby after hearing the [[brachot]] from someone else. | ||
* See Rav Baruch Simon (Imrei Baruch Eruvin p. 40-1), in discussing the Chazon Ish, argues that there is room to distinguish between Eruvin and [[Chanukah]] regarding the definition of a courtyard. | * See Rav Baruch Simon (Imrei Baruch Eruvin p. 40-1), in discussing the Chazon Ish, argues that there is room to distinguish between Eruvin and [[Chanukah]] regarding the definition of a courtyard. | ||
* Torat HaMoadim 2:5 writes that if there’s a place to eat, such as the cafeteria, and place to sleep, such as the dorms, in one building, one can light wherever in the building there’s more Pirsume Nisa (Publicizing the miracle) such as the entrance to the cafeteria, in the cafeteria, entrance to the dorms, or in the dorms. He writes that if the cafeteria and dorm are in separate buildings there is a dispute whether one should light by the place one eats or the place one sleeps. The dispute is based on the Rashba (responsa 1:542) who says that if one eats daily at someone’s house he must join in the lighting at that house. Thus, the Rama 677:1, Taz 677:2, and Leket Yoshar rule the main place for the [[Chanukah]] candles is where he eats. However, Sh”t Maharshal 85 says the place where one sleeps is primary. Sefer Yosef Ometz Yuzfa 1071, Sh”t Rivivot Efrayim in name of Rav Moshe Feinstein in Igrot Moshe (Rav Moshe Feinstein in Igrot Moshe O”C 4:70(3), Y”D 3:14(5)), and Sh”t Minchat Yitzchak 7:48 agree. Rav Moshe adds that the people living their should draw lots to determine who will sit by the candles to prevent a fire. The Chazon Ish cited in Teshuvot Vihanhagot 2:342:11 and Rav Aharon Kotler cited in Halachos of [[Chanukah]] by Rav Shimon Eider pg. 37 hold that the primary place is the place of eating. Chazon Ish says that as a stringency one should also light without a bracha by the place of sleeping. </ref> | * Torat HaMoadim 2:5 writes that if there’s a place to eat, such as the cafeteria, and place to sleep, such as the dorms, in one building, one can light wherever in the building there’s more Pirsume Nisa (Publicizing the miracle) such as the entrance to the cafeteria, in the cafeteria, entrance to the dorms, or in the dorms. He writes that if the cafeteria and dorm are in separate buildings there is a dispute whether one should light by the place one eats or the place one sleeps. The dispute is based on the Rashba (responsa 1:542) who says that if one eats daily at someone’s house he must join in the lighting at that house. Thus, the Rama 677:1, Taz 677:2, and Leket Yoshar rule the main place for the [[Chanukah]] candles is where he eats. However, Sh”t Maharshal 85 says the place where one sleeps is primary. Sefer Yosef Ometz Yuzfa 1071, Sh”t Rivivot Efrayim in name of Rav Moshe Feinstein in Igrot Moshe (Rav Moshe Feinstein in Igrot Moshe O”C 4:70(3), Y”D 3:14(5)), and Sh”t Minchat Yitzchak 7:48 agree. Rav Moshe adds that the people living their should draw lots to determine who will sit by the candles to prevent a fire. The Chazon Ish cited in Teshuvot Vihanhagot 2:342:11 and Rav Aharon Kotler cited in Halachos of [[Chanukah]] by Rav Shimon Eider pg. 37 hold that the primary place is the place of eating. Chazon Ish says that as a stringency one should also light without a bracha by the place of sleeping. </ref> | ||
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===Windy place=== | ===Windy place=== | ||
# In a place where it’s windy (which would blow out the candle) one is allowed to light inside. Some are strict to light outside with a glass covering. However one should be careful to light with the glass covering on and not that after lighting one covers it with the glass. <ref> Aruch HaShulchan 671:24 says our practice isn’t to light outside since in our areas it commonly rains, snows and there’s strong wind. Also the Rabbis didn’t impose such a burden of setting up a glass case for the Chanukia. Sh”t Shelit Yaavetz 149 writes that one should light outside with a glass covering, implying if there’s wind me’ikar hadin one doesn’t need to light outside. Torat HaMoadim [[Chanukah]] 3:3 requires with the glass covering on is because otherwise it’s like lighting a candle that can’t last a half hour which S”A 675:2 renders the lighting unfit even if more fuel is added later. So too Shiltei Giborim ([[Shabbat]] 21b), Piskei Riaz, Rivta, Rabbenu Perachya, Back 673, Magan Avraham 673:12, Taz 673e, Pri Chadash, and Eliyah Rabba 673:14 write that one can’t light in a place where the wind would blow it out. Mikrei Kodesh ([[Chanukah]] 17) writes that the Mahril Disken would light with the covering on so that at the time he lit he could leave it and it’d stay lit without closing the covering, however he defends the Minhag to light and then put on the cover. </ref> | # In a place where it’s windy (which would blow out the candle) one is allowed to light inside. Some are strict to light outside with a glass covering. However one should be careful to light with the glass covering on and not that after lighting one covers it with the glass. <ref> Aruch HaShulchan 671:24 says our practice isn’t to light outside since in our areas it commonly rains, snows and there’s strong wind. Also the Rabbis didn’t impose such a burden of setting up a glass case for the Chanukia. Sh”t Shelit Yaavetz 149 writes that one should light outside with a glass covering, implying if there’s wind me’ikar hadin one doesn’t need to light outside. Torat HaMoadim [[Chanukah]] 3:3 requires with the glass covering on is because otherwise it’s like lighting a candle that can’t last a half hour which S”A 675:2 renders the lighting unfit even if more fuel is added later. So too Shiltei Giborim ([[Shabbat]] 21b), Piskei Riaz, Rivta, Rabbenu Perachya, Back 673, Magan Avraham 673:12, Taz 673e, Pri [[Chadash]], and Eliyah Rabba 673:14 write that one can’t light in a place where the wind would blow it out. Mikrei Kodesh ([[Chanukah]] 17) writes that the Mahril Disken would light with the covering on so that at the time he lit he could leave it and it’d stay lit without closing the covering, however he defends the Minhag to light and then put on the cover. </ref> | ||
# One shouldn’t light in a place where it’s windy. If one did so and it gets blown out within a half hour one doesn’t fulfill one’s obligation, therefore one should relight without a Bracha. <Ref>Mishna Brurah 673:25 writes that just like one shouldn’t light without sufficient amount of oil, one shouldn’t light in a place that’s windy. If one did so and the wind blows it out one should relight it without a Bracha. </ref> | # One shouldn’t light in a place where it’s windy. If one did so and it gets blown out within a half hour one doesn’t fulfill one’s obligation, therefore one should relight without a Bracha. <Ref>Mishna Brurah 673:25 writes that just like one shouldn’t light without sufficient amount of oil, one shouldn’t light in a place that’s windy. If one did so and the wind blows it out one should relight it without a Bracha. </ref> | ||
# If one lit in a windy area and the candles last a half hour so say that retroactively one fulfilled the mitzvah, while others say that one didn’t fulfill the mitzvah and should relight without a Bracha. <Ref> Sh”t Har Tzvi Siman 114 writes that if the wind doesn’t blow it out certainly one fulfills the obligation retroactively. Rav Shlomo Zalman in Halichot Shlomo (16:6 pg 301) agrees. However, Rav Chaim Kanievsky and Rav Nassim Karlitz quoted in Kovetz Shemuot ([[Chanukah]] pg 123) who argue that since it wasn’t light properly even if it doesn’t get blown out one doesn’t fulfill the mitzvah and one should relight without a Bracha.</ref> | # If one lit in a windy area and the candles last a half hour so say that retroactively one fulfilled the mitzvah, while others say that one didn’t fulfill the mitzvah and should relight without a Bracha. <Ref> Sh”t Har Tzvi Siman 114 writes that if the wind doesn’t blow it out certainly one fulfills the obligation retroactively. Rav Shlomo Zalman in Halichot Shlomo (16:6 pg 301) agrees. However, Rav Chaim Kanievsky and Rav Nassim Karlitz quoted in Kovetz Shemuot ([[Chanukah]] pg 123) who argue that since it wasn’t light properly even if it doesn’t get blown out one doesn’t fulfill the mitzvah and one should relight without a Bracha.</ref> | ||
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# The [[Chanukah]] candles should be placed between 3 and 10 [[tefachim]] from the ground. If one is lighting indoors, one should light by the window even if it is above 10 [[tefachim]], rather than light by the doorway on the inside.<ref>Shulchan Aruch 671:6, Mishna Brurah 671:27</ref> | # The [[Chanukah]] candles should be placed between 3 and 10 [[tefachim]] from the ground. If one is lighting indoors, one should light by the window even if it is above 10 [[tefachim]], rather than light by the doorway on the inside.<ref>Shulchan Aruch 671:6, Mishna Brurah 671:27</ref> | ||
# One should be careful to light in a different place than one normally lights the rest of the year so that the fact that one is lighting specifically for [[Chanukah]] will be recognizable. <Ref>Rama 671:7</ref> | # One should be careful to light in a different place than one normally lights the rest of the year so that the fact that one is lighting specifically for [[Chanukah]] will be recognizable. <Ref>Rama 671:7</ref> | ||
# The Chanukia should be placed between 3 and 10 [[Tefachim]] (between 24 and 80 centimeters) from the ground of the house. If it’s placed above 10 [[Tefachim]], one fulfilled the obligation. <ref> [[Shabbat]] 21b the statement of Ravina that it’s a mitzvah (preferable) to place it below ten; Ran (9b s.v. Garsi) in name of Rabbenu Chananel and Rabbenu Yonah, Rashba ([[Shabbat]] 21b Amar Ravina), Rosh ([[Shabbat]] 2:5), Smag ([[Chanukah]] 250d), Smak (280, 277), Tur and S”A 671:6 hold like Ravina even though the gemara questions him. Kitzur S"A 139:8 concurs. Bet Yosef 671:6 says since the Rif and Rambam don’t mention this it means you can place it anywhere, but to fulfill everyone’s opinion one should put it below 10. Also Orchot Chaim pg 117d:3 and Kol Bo hold explicitly like Rambam and Rif that only after the fact can light under 10. [Moreover [[Seder]] Hayom and Gefen Poriah (Bava Kama 62b) say that one doesn’t fulfill his obligation if less than 10.] The Bet Yosef brings the dispute of the Mordechai ([[Shabbat]] 266) who writes that since everyone lights indoors, one can light even above 10 and the Tur (671:6) who writes to place it within 10 not differentiating between indoors and outside. Tur 671:6 in name of Maharam MeRotenberg holds that one should place it above 3 [[Tefachim]]. This is also the opinion of Mordechai [[Shabbat]] 266, S”A 671:6. Birkat Yosef Yedid 3 pg 207, Sh”t Kinyan Torah 1:131(2) imply from Orchot Chaim that under three [[Tefachim]] doesn’t fulfill the mitzvah. However most argue than if it’s lit less than 3, one still fulfills the obligation including. Yet, Pri Chadash 671, Pri Megadim A”A 671:6, Mishna Brurah 671:26, Kaf HaChaim 671:50, Torat HaMoadim 3:5, and Shaar Shlomo (51, pg 33d) who says someone on the road can even light on the ground. </ref> | # The Chanukia should be placed between 3 and 10 [[Tefachim]] (between 24 and 80 centimeters) from the ground of the house. If it’s placed above 10 [[Tefachim]], one fulfilled the obligation. <ref> [[Shabbat]] 21b the statement of Ravina that it’s a mitzvah (preferable) to place it below ten; Ran (9b s.v. Garsi) in name of Rabbenu Chananel and Rabbenu Yonah, Rashba ([[Shabbat]] 21b Amar Ravina), Rosh ([[Shabbat]] 2:5), Smag ([[Chanukah]] 250d), Smak (280, 277), Tur and S”A 671:6 hold like Ravina even though the gemara questions him. Kitzur S"A 139:8 concurs. Bet Yosef 671:6 says since the Rif and Rambam don’t mention this it means you can place it anywhere, but to fulfill everyone’s opinion one should put it below 10. Also Orchot Chaim pg 117d:3 and Kol Bo hold explicitly like Rambam and Rif that only after the fact can light under 10. [Moreover [[Seder]] Hayom and Gefen Poriah (Bava Kama 62b) say that one doesn’t fulfill his obligation if less than 10.] The Bet Yosef brings the dispute of the Mordechai ([[Shabbat]] 266) who writes that since everyone lights indoors, one can light even above 10 and the Tur (671:6) who writes to place it within 10 not differentiating between indoors and outside. Tur 671:6 in name of Maharam MeRotenberg holds that one should place it above 3 [[Tefachim]]. This is also the opinion of Mordechai [[Shabbat]] 266, S”A 671:6. Birkat Yosef Yedid 3 pg 207, Sh”t Kinyan Torah 1:131(2) imply from Orchot Chaim that under three [[Tefachim]] doesn’t fulfill the mitzvah. However most argue than if it’s lit less than 3, one still fulfills the obligation including. Yet, Pri [[Chadash]] 671, Pri Megadim A”A 671:6, Mishna Brurah 671:26, Kaf HaChaim 671:50, Torat HaMoadim 3:5, and Shaar Shlomo (51, pg 33d) who says someone on the road can even light on the ground. </ref> | ||
# If it’s above 20 [[amot]] (9.6 meters) one doesn’t fulfill the obligation and should extinguish the candle and relight it in the proper height without a bracha. <ref> [[Shabbat]] 22a Rav says it can’t be above 20 [[amot]]. Tosfot (D”H Ner) says it can’t just be lowered since the mitzvah was already done incorrectly. Tur(671:6), Bach, Taz, Pri Chadash, Mishna Brurah (Shaar Tzion 671:33) says indoors it can be above 20 [[amot]] against the Rabbenu Yoel (Ravyah 843) and Rabbi Yitzchak Avuhav (quoted by the Bet Yosef). If one put it above 20 [[amot]], Pri Chadash, Mishna Brurah 671:29 say to relight with a Bracha. Kaf Hachaim (671:53) limits the ruling of the Pri Chadash to only where one finished lighting and stopped thinking about it. However Chazon Ovadiah ([[Chanukah]] pg 35) and Torat HaMoadim 3:6 say to relight without a bracha because of the opinion of Rabbenu Yoel (Pri Megadim A”A 671:7), [and Hareri Kodesh who says that perhaps according to Meiri and Shiltot one should repeat Sh’assa Nissim]. </ref> | # If it’s above 20 [[amot]] (9.6 meters) one doesn’t fulfill the obligation and should extinguish the candle and relight it in the proper height without a bracha. <ref> [[Shabbat]] 22a Rav says it can’t be above 20 [[amot]]. Tosfot (D”H Ner) says it can’t just be lowered since the mitzvah was already done incorrectly. Tur(671:6), Bach, Taz, Pri [[Chadash]], Mishna Brurah (Shaar Tzion 671:33) says indoors it can be above 20 [[amot]] against the Rabbenu Yoel (Ravyah 843) and Rabbi Yitzchak Avuhav (quoted by the Bet Yosef). If one put it above 20 [[amot]], Pri [[Chadash]], Mishna Brurah 671:29 say to relight with a Bracha. Kaf Hachaim (671:53) limits the ruling of the Pri [[Chadash]] to only where one finished lighting and stopped thinking about it. However Chazon Ovadiah ([[Chanukah]] pg 35) and Torat HaMoadim 3:6 say to relight without a bracha because of the opinion of Rabbenu Yoel (Pri Megadim A”A 671:7), [and Hareri Kodesh who says that perhaps according to Meiri and Shiltot one should repeat Sh’assa Nissim]. </ref> | ||
# Similarly someone who lives an upper floor apartment, should light by the door of the apartment and if they want they can light at the window even if it’s above 20 [[amot]]. Some have the custom to light by the apartment building entrance. <ref> Ritva ([[Shabbat]] 21b s.v. VeIm Dar) says someone living in an upper floor should light by the window that’s above 20 [[amot]]. However, Pri Chadash 671:6, Pri Megadim A”A 671:8, and Machsit HaShekel 671:6 say to light it by the door of the apartment. Thus, Kitzur S"A 139:8 rules that if one's window is more than 20 [[amot]] above the ground level of the street outside, one shouldn't light by the window, but rather by the house door. Chazon Ovadiah ([[Chanukah]] pg 36) says that one living in an apartment on the fifth floor (just an example) should light inside his house by the door and if he wants he can light by the window that’s above 20 [[amot]] as it’s Pirsume Nisa for the household members and to those on the street according Rabbenu Yoel and for others in a building across the street at the same height (similar to Kol Bo [[Chanukah]] pg 99). The custom of lighting by the apartment entrance is sourced in halacha 17. </ref> | # Similarly someone who lives an upper floor apartment, should light by the door of the apartment and if they want they can light at the window even if it’s above 20 [[amot]]. Some have the custom to light by the apartment building entrance. <ref> Ritva ([[Shabbat]] 21b s.v. VeIm Dar) says someone living in an upper floor should light by the window that’s above 20 [[amot]]. However, Pri [[Chadash]] 671:6, Pri Megadim A”A 671:8, and Machsit HaShekel 671:6 say to light it by the door of the apartment. Thus, Kitzur S"A 139:8 rules that if one's window is more than 20 [[amot]] above the ground level of the street outside, one shouldn't light by the window, but rather by the house door. Chazon Ovadiah ([[Chanukah]] pg 36) says that one living in an apartment on the fifth floor (just an example) should light inside his house by the door and if he wants he can light by the window that’s above 20 [[amot]] as it’s Pirsume Nisa for the household members and to those on the street according Rabbenu Yoel and for others in a building across the street at the same height (similar to Kol Bo [[Chanukah]] pg 99). The custom of lighting by the apartment entrance is sourced in halacha 17. </ref> | ||
# The [[measurements]] are measured to the flame of the candle. <ref> Mishna Brurah (Shaar Tzion 671:33), Chazon Ovadyah ([[Chanukah]] pg 36b) say to measure from the flame of the candle like the Pri Megadim (M”Z 671:5) [However Leket Yosher ([[Chanukah]] pg 150) writes in name of a student of the Trumat HaDeshen that just the bottom has to be within 10 [[Tefachim]].] </ref> | # The [[measurements]] are measured to the flame of the candle. <ref> Mishna Brurah (Shaar Tzion 671:33), Chazon Ovadyah ([[Chanukah]] pg 36b) say to measure from the flame of the candle like the Pri Megadim (M”Z 671:5) [However Leket Yosher ([[Chanukah]] pg 150) writes in name of a student of the Trumat HaDeshen that just the bottom has to be within 10 [[Tefachim]].] </ref> | ||
# If one is lighting in a window, preferably the candles should be within 10 [[Tefachim]] from the floor, however, the there’s no issue of lighting in the window above 10 [[Tefachim]]. <Ref>Mishna Brurah 671:27, Piskei Teshuvot 671:8 </ref> | # If one is lighting in a window, preferably the candles should be within 10 [[Tefachim]] from the floor, however, the there’s no issue of lighting in the window above 10 [[Tefachim]]. <Ref>Mishna Brurah 671:27, Piskei Teshuvot 671:8 </ref> | ||
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