Anonymous

Placement of the Chanukah Candles: Difference between revisions

From Halachipedia
no edit summary
m (Text replace - " amot " to " amot ")
No edit summary
Line 2: Line 2:
# 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 (Chanuka) in name of the Ri (not the same one as tosfot, see Bach 671:5), Hagot Maimon (Chanuka 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 not on the entrance). Similarly, the Tur says one puts it by the window only if one doesn’t have a doorway to the public. Implying that if one has a courtyard or door facing the public, that’s preferable to a window. [However Bet Yosef 671:5 comments on the Tur that only if the door to the public or a entrance of a courtyard but if the doorway to the apartment goes into the house itself, putting it by the doorway to the public or courtyard won’t be recognizable that it belongs to the apartment and so it must be put in the window. 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 an upper floor apartment can still put a chanukia there.] </ref>
# 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 (Chanuka) in name of the Ri (not the same one as tosfot, see Bach 671:5), Hagot Maimon (Chanuka 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 not on the entrance). Similarly, the Tur says one puts it by the window only if one doesn’t have a doorway to the public. Implying that if one has a courtyard or door facing the public, that’s preferable to a window. [However Bet Yosef 671:5 comments on the Tur that only if the door to the public or a entrance of a courtyard but if the doorway to the apartment goes into the house itself, putting it by the doorway to the public or courtyard won’t be recognizable that it belongs to the apartment and so it must be put in the window. 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 an upper floor apartment can still put a chanukia there.] </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. So holds Rambam (Chanuka 4:10), Tur and S”A 671:8. However nowadays one doesn’t have to light because of suspicion. So holds Sefer HaTruma 228, Smak 280, Orchot Chaim (Chanuka 13) in name of Rabbi Yehuda MeKorvin, Hagot Maimon (Chanuka 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 (Chanuka 5, Rama 671, Sh”t Maharshal, Hagot 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. So holds Rambam (Chanuka 4:10), Tur and S”A 671:8. However nowadays one doesn’t have to light because of suspicion. So holds Sefer HaTruma 228, Smak 280, Orchot Chaim (Chanuka 13) in name of Rabbi Yehuda MeKorvin, Hagot Maimon (Chanuka 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 (Chanuka 5, Rama 671, Sh”t Maharshal, Hagot 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> [[Shabbat]] 22b Rava’s statement, so rules Rambam (Chanuka 4:9), Tur and S”A (675:1). Pri Chadash says one shouldn’t make a bracha if one needs to light again, against Hagot 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 Chanuka- 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 Yechava 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 Chanuka candles where the candles are going stay. Rambam (Chanuka 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 Hagot 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 Chanuka- 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 Yechava Daat 5:21] Torat HaMoadim 3:9 quotes the ruling of a sick person from Sh”t Lev Chaim 3:146. </ref>
==Lighting indoors==
==Lighting indoors==
# Nowadays many have the practice to light indoors even not when it’s dangerous to light outside. Still it should be put to the left of the door (opposite the mezuzah) within a tefach of door. However if there’s a window facing the public, one should light by the window. [Some are strict to light outside with a covering.]  <ref>  
# Nowadays, many have the practice to light indoors even not when it’s dangerous to light outside. Still it should be put to the left of the door (opposite the mezuzah) within a tefach of door. However if there’s a window facing the public, one should light by the window. [Some are strict to light outside with a covering.]  <ref>  
* Seemingly the only exemption to lighting outside is a time of danger as in [[Shabbat]] 21b. Rashi and Tosfot (D”H Ubeshat Sakanah) explain that it was outlawed by the king to light. Thus Or Zaruh 2:323 asks, now, when there isn’t danger, why don’t we light outside.  
* Seemingly, the only exemption to lighting outside is a time of danger as in [[Shabbat]] 21b. Rashi and Tosfot (D”H Ubeshat Sakanah) explain that it was outlawed by the king to light. Thus Or Zaruh 2:323 asks, now, when there isn’t danger, why don’t we light outside.  
* However Itur 2 pg 114d, Shibolei Leket 185, and HaOhel Moed (Chanuka 5) say that once there was a Minhag not to light outside because of danger, the Minhag stayed in place. Another reason to be lenient is the Ritva ([[Shabbat]] 21b) and Rabbenu Perachya who say a prevention to light outside such as wind is also called “time of danger”.  
* However Itur 2 pg 114d, Shibolei Leket 185, and HaOhel Moed (Chanuka 5) say that once there was a Minhag not to light outside because of danger, the Minhag stayed in place. Another reason to be lenient is the Ritva ([[Shabbat]] 21b) and Rabbenu Perachya who say a prevention to light outside such as wind is also called “time of danger”.  
* 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.  
Line 19: Line 19:
# If one lives in an apartment building and one is lighting outside then one should light by the entrance to the apartment building unless there is a path leading to the public domain in which case one should light by the beginning of the path near the public domain. <ref> Rav Shlomo Zalman Auerbach (Halichot Shlomo 14:4, Maadei Shlomo pg 110) ruled that a stairwell is considered a courtyard, therefore, if one lives in an apartment building and one is lighting outside, one should light by the entrance to the apartment building unless there is a path leading to the public domain in which case one should light by the beginning of the path near the public domain. [Rav Elyashiv (Shevut Yitzchak vol 5 pg 7) and the Brisker Rav (Piskei Shemuot (pg 41, note 21), Kol Bo Chanuka (pg 98)) agree that even nowadays the stairwell and path is considered a courtyard.] </ref> However, some argue that one may not light at the entrance of the apartment building. Some say that instead one should light by the entrance of the apartment (if people will see it) and some say that instead one should light by the window (if it is below 20 amot). <Ref>The Chazon Ish (Orchot Rabbenu vol 3, pg 3) held that nowadays one may not light by the entrance to a courtyard. (This is similar to the Chazon Ish OC Eiruvin 65:52).  
# If one lives in an apartment building and one is lighting outside then one should light by the entrance to the apartment building unless there is a path leading to the public domain in which case one should light by the beginning of the path near the public domain. <ref> Rav Shlomo Zalman Auerbach (Halichot Shlomo 14:4, Maadei Shlomo pg 110) ruled that a stairwell is considered a courtyard, therefore, if one lives in an apartment building and one is lighting outside, one should light by the entrance to the apartment building unless there is a path leading to the public domain in which case one should light by the beginning of the path near the public domain. [Rav Elyashiv (Shevut Yitzchak vol 5 pg 7) and the Brisker Rav (Piskei Shemuot (pg 41, note 21), Kol Bo Chanuka (pg 98)) agree that even nowadays the stairwell and path is considered a courtyard.] </ref> However, some argue that one may not light at the entrance of the apartment building. Some say that instead one should light by the entrance of the apartment (if people will see it) and some say that instead one should light by the window (if it is below 20 amot). <Ref>The Chazon Ish (Orchot Rabbenu vol 3, pg 3) held that nowadays one may not light by the entrance to a courtyard. (This is similar to the Chazon Ish OC Eiruvin 65:52).  
* Rav Nissim Karlitz (Chut Sheni Chanuka pg 306-7) explains the position of the Chazon Ish as follows: nowadays one may not light in a courtyard since the courtyards aren’t used as part of the house as they were in the times of the Gemara. Rather one should light at one’s door unless people won't see it in which case one should light in the window facing the public domain. Yet, if the window is above 20 [[amot]]  from the street it’s preferable to light at the entrance of one’s door towards the stairwell which is used by a few tenants instead of lighting one’s table.  
* Rav Nissim Karlitz (Chut Sheni Chanuka pg 306-7) explains the position of the Chazon Ish as follows: nowadays one may not light in a courtyard since the courtyards aren’t used as part of the house as they were in the times of the Gemara. Rather one should light at one’s door unless people won't see it in which case one should light in the window facing the public domain. Yet, if the window is above 20 [[amot]]  from the street it’s preferable to light at the entrance of one’s door towards the stairwell which is used by a few tenants instead of lighting one’s table.  
* Similarly, Torat HaMoadim (Rav Dovid Yosef, 2:2, pg 74-6) also rules that it's preferable not to light by the entrance of the stairwell because of the reasoning of the Chazon Ish and because nowadays it's not crucial to light outside. However, he contends that it's better to light by the window facing the public domain and if that's above 20 amot, then one should light by the door of one's apartment. [Torat HaMoadim writes that this seems to be implied from his father Rav Ovadyah Yosef's ruling in Kol Torah (5725 Kislev) (and Yalkut Yosef (Moadim pg 198)) that one who lives in an apartment building should light by the window unless it is above 20 [[amot]] from the street in which case one should light by the door inside.] Torat HaMoadim 2:2 (pg 74-76) infers from this that Rav Ovadyah holds one shouldn't light by the entrance of the stairwell perhaps because of the Chazon Ish's reasoning.] </ref>
* Similarly, Torat HaMoadim (Rav Dovid Yosef, 2:2, pg 74-6) also rules that it's preferable not to light by the entrance of the stairwell because of the reasoning of the Chazon Ish and because nowadays it's not crucial to light outside. However, he contends that it's better to light by the window facing the public domain and if that's above 20 amot, then one should light by the door of one's apartment. [Torat HaMoadim writes that this seems to be implied from the ruling of his father, Rav Ovadyah Yosef, in Kol Torah (5725 Kislev) (and Yalkut Yosef (Moadim pg 198)) that one who lives in an apartment building should light by the window unless it is above 20 [[amot]] from the street in which case one should light by the door inside. Torat HaMoadim 2:2 (pg 74-76) infers from this that Rav Ovadyah holds one shouldn't light by the entrance of the stairwell perhaps because of the Chazon Ish's reasoning.] </ref>


===Windy place===
===Windy place===