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The Major Halachic Hurdle to Lighting Outside in Eretz Yisroel


By Rabbi Yair Hoffman for 5tjt.com

This article is going to be controversial, but, here goes.

Go to Eretz Yisroel for Chanukah, and you will see Lucite and or glass boxes containing Menorahs for outside lightings. There is, however, a major, major halachic hurdle that must be overcome for this type of lighting to be valid.

But first, a slight introduction – then the hurdle.

INTRODUCTION

In the time of Chazal, the minhag, of course, was to light the menorah outside in the front courtyard. It was to be lit by the entranceway of the front yard – facing the street. This was on account of the fact that the maximum Pirsumei Nissah is when we light the Chanukah lamps outside.

HURDLE

The hurdle is that we rule (See Shulchan Aruch OC 675:2) “hadlakah oseh Mitzvah” – the Mitzvah happens at the exact moment of lighting. This means that if all that is necessary for the Chanukah lamps to be lit is not present at the exact moment of the lighting then that lighting is invalid. Thus, if there was not enough oil in the lamps to last for 30 minutes and that oil was added later – the Mitzvah has not been fulfilled.

So what’s the hurdle?

If at the point of lighting, the glass door is open – and the wind would put out the Chanukah lamps within thirty minutes, the subsequent closing of the glass door will not help.

TWO WORKAROUNDS

There is a type of glass container where the glass door is on the side – this averts the problem entirely. Another workaround is if one is careful to stand directly in front of the glass container in such a manner that his body entirely blocks off the wind. Since it is theoretically possible for him to stand there the entire thirty minutes – it would still fulfill the idea of “hadlaka oseh Mitzvah.”

It should also be noted that Rav Tzvi Pesach Frank zt”l, in his Mikraei Kodesh (#16), makes an inference from the Shiltei Giborim (Shabbos 21b) to permit it. The Shiltei Giborim writes that if someone lit and it went out, he must go back and relight it. Rav Frank infers that if he lit and it did not go out, it must be that the Shiltei Giborim holds that the Mitzvah has been fulfilled! Some, however, are of the opinion that this inference is somewhat tenuous.

OUTSIDE OF ISRAEL

When Jews started living among the gentiles, the minhag changed to light in the house on account of danger. Nowadays, the main pirsumei nissa, publicizing the miracle, is for one’s own family members. When did this change happen? The Meiri, who lives some 750 years ago, seems to indicate that the change had happened already during his time (See Shabbos 21b). The Ohr Zaruah (323:2), the Ravyah (Hilchos Chanukah 843) and the Baal HaIttur – all clearly state the change.

WHY DO WE NOT GO BACK?

The question arises as to why we do not go back to the original custom in situations where, baruch Hashem, there is no longer a physical danger. There are many neighborhoods in the United States such as in Kiryas Yoel, Lakewood, Boro Park, Williamsburg, Monsey and Far Rockaway where there are entire locations of just Jewish homes. Are there opinions that one should ideally be lighting outside in these neighborhoods?

ARUCH HASHULCHAN’S VIEW

The Aruch HaShulchan is of the opinion that we do not default to the original custom. He explains that the wind or rain would extinguish the menorah and Chazal did not go so far as to demand that we enclose the menorah in glass. In Eretz Yisrael, as mentioned earlier, many people do light outside in a glass-enclosed case.

THE BNEI YISSASCHAR

The Munkatcher Rebbe, in his Nimukei Orach Chaim (Siman 671) cites his grandfather’s custom to light outside (with his silver Menorah – no less!). The Munkatcher Rebbe then questions why people do not light outside anymore. The Yaavetz as well (Sheilas Yaavetz Vol. I #149) writes that it is almost an obligation to light outside!

RAV ELYASHIV’S VIEW

Rav Elyashiv zatzal (Kovaitz Teshuvos Vol. I #67) writes that even nowadays outside of Israel, where there is no danger on account of the gentiles, it is a Mitzvah to light outside. Rav Moshe Shternbuch in his Teshuvos v’Hanhagos (Vol. III #215) also writes that in an all-Jewish community even outside of Israel – one should light outside.

RAV SHLOMO MILLER’S VIEW

Rav Shlomo Miller Shlita, one of the leading Poskim in North America, writes (Kuntrus Shoshanas Yisroel), however, that in the exile it has not been the custom to light at the front of one’s back yard next to the street – nor should one be changing this practice.

RAV MILLER’S EXPLANATION

Rav Miller explains that, generally speaking, we do not have permission from the local governing authorities and municipalities to light in such a manner without adequate fire safety steps. This is especially true if everyone were to start lighting outside it is highly likely that some sort of fire might break out, heaven forbid. Therefore, Rav Miller concludes that it is incorrect to be stringent in this matter.

** There is a Yesoma who boruch Hashem just got engaged.  If anyone would like to assist in making her chasuna please donate here or contact the author.**

CONCLUSION

Essentially, we have a debate between Rav Elyashiv zt”l and l’havdil bain chaim l’chaim – Rav Shlomo Miller Shlita. It is interesting to note that in regard to burning Chometz on Erev Pesach, some people do it outside without fire safety supervision. This is still the case in many Jewish neighborhoods. On the other hand, there are neighborhoods where the fire department is quite strict about Erev Pesach burnings and require that it all be done in one supervised site.

This author has noticed that there are a number of individuals that have started the lighting outside again. It could be that they are following the ruling of Rav Elyashiv on the matter. The majority of people, however, follow the Aruch HaShulchan on the issue.

The author can be reached at [email protected]

** There is a Yesoma who boruch Hashem just got engaged.  If anyone would like to assist in making her chasuna please donate here or contact the author.**



16 Responses

  1. When I was in EY, I bought an enclosure, but was makpid to stand in front and open it just barely enough to reach inside, precisely because of Hadlaka ‘Osah Mitzva.’ PS It took EIGHT TRIES to post this, as the app keeps locking up or crashing. I check it much less often than before, and it has become very annoying, especially with ads coming up on almost every click. You have to do something about it, or others will stop using it completely.

  2. I am personally aware of at least two local Eretz Yisroel poskim who advise to cover both shittos, and light the outside menorah first with the brachos, then without making a hefsek, go back into one’s apartment and light a menorah in the window as well, which is covered by the brachos made outside. After that the haneiros halalu etc are sung by the inside menorah. Btw, in E”Y they are called chanukiyah/ chanukiyot. To differentiate from the original one in the Beis Hamikdash.

  3. During the time of Chazal, people “lived” so to say, in their front yard, while nowadays after lighting we would go straight back indoors and no longer see their menorah. I wonder whether this change of circumstances would make a difference in halachah.

  4. The author starts off talking about the glass enclosure and ends off just debating the whole concept of lighting outside. Just another clickbait article from Yair Hoffman.

  5. I don’t understand how you can say that chazal wouldn’t require to use a glass box. You’re required to mishtadel to the fullest extent to have a functional light burning. So it’s pashut you need a glass box. Was there no wind 1500 years ago?

  6. Major piece missing from this article (again)
    Left out of this discussion is the question of how did they light the menorah outside in those earlier times when these glass boxes didn’t yet exist and it was the cold windy rainy season?

    I would postulate as follows. The walls at that time were made of stone and were quite thick, possibly a few feet thick. (Check the archeological digs)
    The entrance ways were very thick allowing for the menorah to be placed inside the entrance opposite the mezuzah, not in front of the wall. If this is correct, then the positioning in front of the house as done today is not where chazzal envisioned it.

  7. respectfully, the wind and rain is not a new invention. How did people in the times of the Mishna light? By using thick wicks. They cannot be blown out easily at all. This would solve all the problems, I think.

  8. What did they do in Chazal’s time? They had no glass enclosures, and yet they still lit outside. Are you suggesting that it’s windier in Eretz Yisroel today than it was 1800 years ago?! If they were allowed to light outside, why should we not be? What has changed?

  9. My box opens bottom to top. I open it just a bit, and then use a tall Shamash to light the wicks in my relatively tall menorah. I often even leave the glass open afterward.

  10. First, people during Mishna time were bakis with oil lights, they used them daily. Lights possibly had parts that protect light from wind. Also, houses usually were much closer to each other. So, your “outside” was surrounded by walls

  11. Mrs. D.,

    Yes, many Poskim reccomend this. I do this as well.

    And “Chanukiyah” was coined ny Ben Yehudah. He took “Menorah” for “light bulb”. All Halachic literature until some 60-70 years ago refers exclusvely to the Chanukah “Menorah”, which is lit to commemorate the Nes with the Menorah in the Beis Hamikdash.

  12. mobico: actually the halachic literature refers to nerois chanuka because they were free standing candles not a candelabra like we use today.

  13. besalel: Actually, from the Gemara to the Shulchan Aruch and Nosei Kelim, it’s referred to as *Ner* Chanukah – in the singular, as it is in the Berachah – since the Ikar Mitzvah is to light one flame.
    I stand partially corrected, but my original point still stands – until quite recently, any time any Yid referred to a holder for Neros Chanukah, whether in speech or in print, called it a “Menorah”.

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