From
Parshat Vayishlach Vol.11 No.12
Date of issue: 23 Kislev 5762 -- December 8, 2001
The Proper Time to Kindle Chanukah Lights
by Rabbi Howard Jachter
In this essay, we will focus on the dispute over the ideal time for kindling the
Chanukah light. We shall focus on when one may delay lighting and how a family
should conduct itself when a member will arrive later than the optimal time for
lighting.
The Ideal Time for Lighting
The Gemara (Shabbat 21b) writes that the proper time for lighting the Chanukah
light is “from the setting of the sun.” The Rishonim disagree about how to
interpret this somewhat ambiguous phrase. The Rambam (Hilchot Chanukah 4:5)
rules that it refers to the beginning of sunset (Shkiah). The Tur (Orach Chaim
672) and Shulchan Aruch (O.C. 672:1) rule that the Gemara refers to the end of
the process of the sun setting (Tzeit Hakochovim). This dispute has not been
resolved. The Aruch Hashulchan (O.C.672:4) writes that the generally accepted
practice is to light at Tzeit Hakochavim, but he notes that some light at Shkiah.
The dispute over the precise time of Tzeit Hakochavim further complicates the
question. This important dispute between Rabbeinu Tam, the Vilna Gaon, and the
Yereim is summarized by the Biur Halacha (261:2 s.v. Mitchilat Hashkiah). No
consensus regarding the exact time to light Chanukah candles has emerged because
of these unresolved disputes.
There is a considerable range of opinions regarding the precise ideal time for
lighting. When I served as an assistant to Rav Yosef Dov Soloveitchik, he lit
very long candles at Shkiah so that the candles should last at least a half an
hour after Tzeit Hakochavim. I have heard that this was Rav Soloveitchik’s
consistent practice throughout his life. The objective of this approach is to
satisfy both of the aforementioned opinions of the Rishonim. Rav Ovadia Yosef (Yalkut
Yosef 5:208) rules that in Israel the proper time to light is fifteen minutes
after sunset. Rav Moshe Feinstein (cited in Rabbi Shimon Eider’s Halachot of
Chanukah p.20), when living in New York lit thirteen to eighteen minutes after
sunset. Rabbi Aaron Felder (Moadei Yeshurun p.7), though, cites Rav Moshe as
ruling that the preferable time to light is ten minutes after sunset. Rav Aharon
Kotler (cited in Rabbi Eider, ibid.) when living in the New York area lit
twenty-five to thirty minutes after sunset. Rav Yaakov Kaminetzsky (cited in
Emet Leyaakov p.251) believes that Chanukah lights in the New York area ideally
should be kindled approximately twenty minutes after sunset. One should consult
with his Rav regarding which opinion to follow.
An interesting question arises regarding one who is traveling in a time zone
farther west than his residence. Poskim (see Rav Efraim Greenblatt, Teshuvot
Rivevot Efraim 2:184) debate whether the traveler fulfills the Mitzva of
Chanukah lights with his spouse’s lighting at home, if at the time of the
spouse’s lighting it is nighttime at the place of residence and daytime in the
place where he is traveling. Rav Moshe Feinstein (cited by Rabbi Aharon Felder,
Moadei Yeshurun p.4) rules that the spouse’s lighting does not fulfill the
traveler’s Mitzva in such a circumstance.
The Latest Time to Light
The Gemara (ibid.) writes that the latest time to light is “when the people have
left the market.” The Rambam (ibid.) rules that this is approximately a half an
hour after the ideal time to light. Tosafot (Shabbat 21b s.v. Dee Lo) write that
nowadays, since we light inside the house, the lighting is focused on the
members of the household. Thus, we may light even after people have left the
market. The Rama (O.C.672:2) rules in accordance with Tosafot, but writes that
we should nevertheless strive to light at the original ideal time. The Aruch
Hashulchan (ibid.) explains that, in general, we strive to fulfill rabbinical
Mitzvot in the way that most resembles the manner that the Mitzva was fulfilled
when Chazal established it. Since at the time of Chazal, Nerot Chanukah had to
be lit at Shkiah or Tzeit we still try to light at that time even though the
reason for doing so no longer applies. With the introduction of electric
lighting, people travel in the streets long after nightfall. This constitutes
yet another reason why it is acceptable (Bedieved) to light later than the ideal
time specified in the Gemara.
The Mishna Berura (672:11) cites the Magen Avraham who rules that one may light
with a Beracha only if there are others who are awake and see the Chanukah
lights. However, the Chamad Moshe (cited in the Shaar Hatziyun 672:17) rules
that one may recite the Beracha until dawn even if he is the only one awake in
the home. The Chafetz Chaim (author of both the Mishna Berura and the Shaar
Hatziyun) rules that since the dispute has not been resolved, one should refrain
from reciting a Beracha in such a situation. However, he writes that one should
not rebuke one who follows the Chamad Moshe. Indeed, Rav Moshe Feinstein (Teshuvot
Igrot Moshe O.C. 4:105:7) rules in accordance with the Chamad Moshe. This
dispute hinges on whether one fulfills the Mitzva of Chanukah lighting when one
“publicizes” the Mitzva only to himself.
Delaying the Lighting
Many people are unable to light with their families at the ideal time due to
work and other obligations. Rav Yaakov Kaminetzsky (cited in Emet Leyaakov p.
251 and 254) believes that theoretically the Halacha requires the spouse who is
home at the ideal time for lighting to light on behalf of the entire family and
not wait for the latecomer. Nevertheless, Rav Yaakov rules that because of the
great value of Shalom Bayit, it is proper for the family to postpone lighting
until the latecomer arrives. Common practice appears to accord with this ruling.
Rav Yaakov cites the Gemara (Shabbat 23b) as precedent for this ruling. The
Gemara states that if a poor individual can afford to purchase either Chanukah
candles or Shabbat candles but not both, he should purchase Shabbat candles. The
Gemara explains that since Shabbat Candles promote Shalom Bayit they enjoy
priority over Chanukah lights. Rav Yaakov reasons that since Shalom Bayit enjoys
priority over Chanukah candles, one delay kindling Chanukah lights due to Shalom
Bayit considerations.
Yeshiva Students
Every year Rav Hershel Schachter hangs a notice in the Bait Midrash of the
Yeshiva University Kollel during Chanukah. The notice relates that when the YU
Kollel was established in the early 1960’s, Rav Aharon Lichtenstein (the
original Rosh Kollel) asked Rav Yosef Dov Soloveitchik whether the Kollel
students should interrupt their studies to return home to kindle Chanukah lights
at the optimal time or remain in the Bait Midrash until the conclusion of their
scheduled study period. The Rav responded that the students should continue
their studies until the conclusion of the usual study time, even though the
ideal time to light Chanukah candles will pass. The Rav cited as a precedent the
Meiri to Shabbat 21b who noted the practice of Yeshiva students of his area not
to interrupt their studies in order to kindle Chanukah lights at its ideal time.
(The story is cited in Rav Schachter’s recently published Sefer, Peninei Harav).
Rav Moshe Feinstein (cited in Rabbi Aaron Felder, Ohalei Yeshurun p.8) agrees
with this ruling. He reasons that communal Torah study enjoys priority over
lighting Chanukah candles at its optimal time. However, when I studied at
Yeshivat Har Etzion, the Yeshiva interrupted its studies in order to fulfill the
Mitzva of Hadlakat Nerot Chanukah at its optimal time. In addition, Rav J. David
Bleich left the Yeshiva University Yadin Yadin Kollel early on Chanukah
afternoons, because he did not subscribe to the rulings of Rav Soloveitchik and
Rav Feinstein.
Defense of the Ruling of Rav Soloveitchik and Rav Feinstein
The Rambam (Hilchot Ishut 15:2) appears to serve as a sound basis for the
rulings of the Rav and Rav Moshe. The Rambam rules that one may postpone
marriage in order to spend extra time studying Torah. The Shulchan Aruch (Even
Haezer 1:3) codifies the Rambam’s ruling as normative. The Rambam bases his
ruling on the Talmudic principle of “one who is involved in one Mitzva is
excused from performing another.” The problem with the Rambam’s ruling is that
the Gemara (Moed Katan 9a) and the Rambam (Hilchot Talmud Torah 3:4) rule that
Talmud Torah excuses one from performing only a Mitzva that others are able to
accomplish in his place. The Mitzva to marry and have children is an obligation
that devolves upon the individual and cannot be accomplished by others.
Many Acharonim have grappled with this problem and have offered a variety of
answers. Rav Aharon Lichtenstein’s article on this topic that appears in the
Yeshiva University publication Kovod Harav summarizes the classic approaches to
this problem and offers a novel solution. The Aruch Hashulchan (Even Haezer
1:13) and Rav Elchanan Wasserman (Kovetz Hearot, Yevamot addendum 1) answer that
Talmud Torah does not excuse one from performing a Mitzva, but it permits one to
delay performing the Mitzva. The Rambam uses the principle of “one who is
involved in a Mitzva is excused from performing another” in the context of
Talmud Torah to mean that he is excused from performing the Mitzva expediently.
|According to this approach, we have a strong basis for the ruling of the Rav
and Rav Moshe. Talmud Torah does not excuse a Yeshiva student entirely from
lighting Chanukah lights. It does permit him, however, to delay fulfillment of
the Mitzva. We should note that this ruling does not apply to women who study
Torah, since they are obligated to light Nerot Chanukah but excused from
studying Torah. Voluntary fulfillment of a Mitzva does not excuse one from
optimal fulfillment of the Mitzvot he is obligated to observe.
Conclusion
One should try to light Nerot Chanukah at the optimal time. However, defining
the precise time has been an elusive task. It appears that common practice is
simply to light when the men return from Maariv. Shalom Bayit and male communal
Torah study might permit one to light after the optimal time.