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תשמרו לעשות לא תסף עליו ולא תגרע ממנו" a Halacha Lema’Ase Publication

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תשמרו לעשות לא תסף עליו ולא תגרע ממנו "את כל הדבר אשר אנכי מצוה אתכם היום תשמרו לעשות לא תסף עליו ולא תגרע ממנו" A HALACHA LEMA’ASE PUBLICATION ע“פ פסקי מו“ר הרב אליהו בן-חיים שליט“א CHANUKAH 5778 | כסלו תשע“ח Graciously sponsored by Mr. and Mrs. Emil Ben-David and Mr. and Mrs. Ben Kelaty לזכר נשמת ישראל בן בנימין AWAY FROM HOME FOR CHANUKAH: SHOULD STUDENTS LIGHT THEIR OWN CANDLES? By Avraham Ben-Haim Introduction A spouse or parent’s lighting parents were no longer alive,7 In most Ashkenazi yeshivot, the The Gemara in Shabbat5 which is why he had to partner lobbies, dining rooms and attests that Ribbi Zera changed his with his hosts until he married.) hallways are lined with brightly- Chanukah candle-lighting Although ideally one should be glowing candles each year on practices after he got married. present while the Chanukah Chanukah. There is little room to Originally, when he was away candles are lit, it is not necessary question this practice among from home for Chanukah, Ribbi to be there at the moment of Ashkenazi students, because the Zera would chip-in for the candles lighting.8 Ashkenazi custom is that every and partner with his host to be Based on this, Rav Ovadia member of the family lights included in their lighting. After he Yosef9 ruled that students who are Chanukah candles individually, married, he would rely on his wife’s away from home for Chanukah even when they are all living lighting in their home and would are not required to light their own together.1 Accordingly, Rav no longer light himself or need to candles. They fulfill their obligation Moshe Feinstein2 ruled that partner with his host. with their parents’ lighting, even students who are living away from Based on this Gemara, the though they are not present. Rav home should light candles inside Shulchan Arukh rules that if Ovadia Yosef goes as far as saying their dormitory rooms. Sepharadic someone is away from home for (in the name of Rav Shlomo families, however, are Chanukah but has someone Zalman Aurbach) that even if the accustomed to only lighting one lighting candles in their home, parents are in a different time- set of Chanukah candles per they do not need to light their own zone and will not be lighting their household, as stated in the candles or to partner with Chanukiah for another few hours, Rambam3 and Shulchan Arukh.4 someone else who is already the student can still rely on their This article will explore whether it is lighting. Machzor Vitri6 (a siddur lighting. appropriate or obligatory for a arranged by students of Rash”i) Sepharadic student who is away specifies that not only does this Can they still light if they want to from home to light his or her own apply to one’s spouse, like in the anyway? Chanukiah. case of Ribbi Zera, but also to Students who feel left out of one’s parents. (Ribbi Zera’s the holiday activities may light תשמרו לעשות candles in their yeshiva even fulfilled without your knowledge or may light with a beracha. though they have already fulfilled even your presence. You cannot their obligation with their parents’ exclude yourself from the lighting Should a student make a beracha lighting. However, the Bet Yosef10 that takes place in your home of She’asa nisim la’avotenu if not rules that they may not make the even if you wanted to. lighting? beracha when lighting. Reciting The Ben Ish Hai12 draws an According to Halacha,13 if a such a beracha would be a interesting conclusion from this person is not lighting or planning beracha she’ena tzericha (a explanation of the Chid”a. He on lighting Chanukah candles, he beracha which is forbidden writes that the Bet Yosef would or she should make a beracha of because it is unnecessary) only consider it a beracha She’asa nisim la’avotenu when according to the Bet Yosef, since she’ena tzericha if candles were seeing someone else’s candles. he already fulfilled his obligation already lit in his home, even if he On the first day, a beracha of with his parents’ lighting. tried to opt out of fulfilling his Shehechiyanu should also be The Chid”a11 adds that obligation. However, if candles still made. Chanukah is anomalous have not been lit at his home, one Rav Haim Palachi14 held that compared to other mitzvot can in fact light with a beracha this includes people who fulfilled because you cannot opt out of because his obligation was not their obligation via someone else fulfilling your obligation with the yet fulfilled. Based on this, Rav but were not present at the time lighting that takes place at your Ovadia Yosef writes that students of lighting. According to this home. In most instances, a person who are overseas and in an earlier opinion, students who were not can explicitly have in mind to not time-zone (such as American present at their parents’ lighting be included in someone else’s students studying in Israel) may should recite this beracha upon mitzva. (This is our practice, for light with a beracha if they so seeing someone else’s Chanukah example, on Yom Kippur with the choose, because their parents will candles. The Shulchan Arukh,15 beracha of Shehechiyanu- the not be lighting for another seven however, holds that this only person who says the Kol Nidre hours, even though they are not applies to people who are unable prayers says his own obligated to. Similarly, if a student to fulfill the mitzva at all, and Shehechiyanu, but everyone in in the same time-zone as his or her nobody is lighting at their home for the crowd has in mind to exclude parents receives telephone them. Therefore, according to the themselves from his beracha. confirmation from his parents that Shulchan Arukh, it would not be Afterwards, each person makes they have not yet lit the appropriate for a student to recite the beracha individually.) Chanukah candles, the Ben Ish this beracha. However, with Chanukah Hai and Rav Ovadia Yosef would candles, your mitzva can be seemingly agree that the student 2 תשמרו לעשות SUMMARY: ❖ Sepharadic students are not required to light Chanukah candles on their own if they know that their parents will be lighting at home. Instead, they fulfill their obligation via their parents, even though they are not present, and even if they are in a different time zone. ❖ Students who wish to light candles even though they are not obligated may not make a beracha on the lighting unless they know for a fact that their parents have not yet lit candles at home, such as if they are in another time zone. ❖ Students should not make a beracha of She’asa nisim la’avotenu upon seeing someone else’s Chanukiah because they have fulfilled their obligation, even though they were not present to hear the berachot. SOURCES AND ENDNOTES 1. כן פסק מור"ם באו"ח סי' תרעא סעיף ב 2. אגרות משה או"ח ח"ד סי' ע אות ג 3. כתב שזו המנהג בכל ערי ספרד אע"פ שלפי שיטתו אין זה מהודר. הל' חנוכה פ"ד הל' ג 4. או"ח סי' תרעא סעיף ב 5. דף כג ע"א 6. סימן רלח 7. כדמוכח בירושלמי קידושין פ"א הל' ז- רבי זעירא הוה מצטער ואמר הלואי הוה לי אבא ואימא דאוקרינון ואירת גן עדן כד שמע אילין תרין אולפנייא אמר בריך רחמנא דלית לי לא אבא ולא אימא 8. ז"ל הב"ח בסימן תרעז: ואף על פי דצריך לכתחלה לעמוד אצל מי שמדליק עליו מכל מקום אינו מעכב ומדינא יוצא אפילו אינו עומד אצלו דעיקר החיוב על ממונו להדליק נרות לפרסומי ניסא 9. חזון עובדיה חנוכה עמוד קנ 10. סימן תרעז ד"ה כתב בתרומת הדשן 11. ברכי יוסף סימן תרעז ס"ק ב 12. שו"ת רב פעלים ח"ב סימן נ 13. שבת דף כג ע"א, רמב"ם הלכות חנוכה פ"ג הל' ד 14. ספר מועד לכל חי סימן כז אות י בשם ספר תפלה לדוד 15. או"ח סימן תרעו סעיף ג. ופלא בעיני שרבנו החבי"ף לא פסק כמו מרן, בפרט אחר שהביא שיטה זו בשם הרבה ראשונים בבית יוסף וביניהם רש"י והר"ן והמרדכי והרא"ש. 3 תשמרו לעשות HALF HALLEL IN DIFFERENT TRADITIONS By Oren Heskia The Basic Laws Rashi2 since half hallel is only a may recite the blessing.8 So too Several times in the yearly minhag, a blessing cannot be with hallel—although we are not cycle we read the hallel in the recited over it, following the obligated in saying it this day, we synagogue services. Those days principle that one may not invoke may still make a berakha if we are: Chanukah, the first day(s) of God’s name in a berakha if it is a choose to partake in it. Pesach, Shavout, and Sukkot. That minhag. Rabbeinu Tam,3 the adds up to eighteen days of hallel Raavad,4 and the Rivash5 No Berakha Reasoning in Israel and twenty-one days in disagree with this approach. They The argument for why one may the Diaspora. Reciting hallel on contend that for an important not recite a blessing over a half these days is a Rabbinic minhag, such as reading hallel, hallel reading begins with a obligation. On rosh chodesh and one may recite a blessing. The first passage from the Talmud in Tannit the remaining days of Pesach, we approach is generally the 28b. The Gemara there presents a read a shortened version of the Separdic custom for this matter, story: Rav was visiting Bavel from hallel called half hallel.
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