chanukah – RabbiKaganoff.com

Some Light Chanukah Questions

Question #1: My sister invited our family for Shabbos Chanukah, and we will be sleeping at her neighbor’s house. Where do we set up the menorahs, particularly since I do not even know the neighbor?

Question #2: My husband has a meeting at work tonight and will not be home until very late. What should we do about kindling Chanukah lights?

Question #3: I will be attending a wedding during Chanukah that requires me to leave my house well before lighting time, and I will not return until very late. Can I kindle at the wedding, just like the lighting that takes place in shul?

Question #4: I will be spending part of Chanukah in a hotel. Where should I kindle my menorah?

Some Basics

Each individual has a requirement to light Chanukah lights, or to have an agent kindle the lights for him (see Rambam, Hilchos Chanukah 3:4). In places where the custom is that the entire household lights only one menorah, which is the predominant practice among Sefardim, the person who kindles functions as an agent for the rest of the family and the guests. (However, cf. Minchas Shelomoh 2:58:41 and 42, who understands this halacha differently.) Even in places where the custom is that each individual kindles his own menorah, as is common Ashkenazic practice, married women do not usually light, and most people have the custom that single girls also do not light (see Chasam Sofer, Shabbos 21b s.v. vehamehadrin, Elyah Rabbah 671:3,and Mikra’ei Kodesh #14 who explain reasons for this practice). In these instances, the male head of household kindles on behalf of his wife and daughters. A guest visiting a family for Chanukah can fulfill his or her obligation by contributing a token amount to purchase part of the candles or oil. By doing this, the guest becomes a partner in the Chanukah lights and fulfills his mitzvah when the host kindles them. An alternative way to become a partial owner of the Chanukah lights is for the host to direct the guest to pick up some of the oil or candles and thereby become a partial owner.

Eating in One House and Sleeping in Another

If someone is a guest and is eating at one house during Chanukah but sleeping in a different house, where should he light the menorah?

One should kindle where he is eating (Rema, Orach Chayim 677:1). In this situation, the place where one eats his meals is his primary “home.”

Many poskim contend that in Eretz Yisroel, the answer to this question depends on additional factors, including whether anyone else is staying in the house where the guest is sleeping. In their opinion, if no one else is kindling a menorah where the guest is sleeping, he should kindle the menorah there. Otherwise, he should kindle where he is eating.

The reason for this difference is that, in Eretz Yisroel, where the custom is to light outdoors when practical, someone walking through the street expects to find a menorah lit at every house. Thus, there is a responsibility to be certain that a menorah is kindled in every house that is occupied. In chutz la’aretz, since the menorah does not need to be visible outdoors to fulfill the mitzvah, a person walking outside the house and not seeing a lit menorah will simply assume that someone kindled indoors. Therefore, one does not need to make sure that every house has a lit menorah.

Similarly, someone in Eretz Yisroel who is using two houses should light a menorah in each of them, although he should recite only one bracha; in chutz la’aretz he does not need to kindle a menorah in each house.

I can now answer the first question I asked above: If someone will be eating in one house and sleeping in another, where should he kindle the menorah? The answer is that, in chutz la’aretz, he should kindle where he will be eating. In Eretz Yisroel, other factors may be involved, and one should ask a shaylah.

Many poskim contend that a guest who is spending Shabbos at someone else’s home and is leaving after Shabbos may kindle the menorah at his host’s house on Motza’ei Shabbos (Teshuvos Vehanhagos 1:391). Some poskim suggest that someone who follows this approach should spend some time, preferably a half-hour, appreciating his lights at the host’s house before leaving (see Teshuvos Vehanhagos 1:394).

At this point, let us discuss the second of our opening questions: My husband has a meeting at work tonight and will not be home until very late. What should we do about kindling Chanukah lights?

To answer this question, we need to discuss two issues. The first is:

When Should I Kindle the Menorah?

Early poskim dispute concerning when is the optimal time to kindle the Chanukah lights. According to the Gra, the best time is immediately after sunset, whereas most Rishonim rule that it is preferable to kindle at nightfall or shortly before nightfall.

The usually accepted approaches are to kindle sometime after sunset but before it is fully dark. Thus, Rav Moshe Feinstein kindled the menorah ten minutes after sunset, the Chazon Ish lit his menorah twenty minutes after sunset, while others contend that the optimal time to light the menorah is twenty-five minutes after sunset.

Until When May I Kindle the Menorah?

At the time of the Gemara, one fulfilled the mitzvah of lighting menorah only if one lit within a half-hour of the earliest time for lighting (Shabbos 21b; Shulchan Aruch, Orach Chayim 672:2). This was because the focus of lighting the menorah was to publicize the miracle to people in the street. Since, in the days of Chazal, the streets were empty shortly after dark, there was no longer any mitzvah of kindling Chanukah lights half an hour later.

Today, the pirsumei nisa (publicizing the miracle) is primarily for the members of the household, and therefore many poskim hold that it is not essential to kindle the menorah immediately when it begins to get dark (see Tosafos, Shabbos 21b s.v. de’ei). Nevertheless, because this halacha is disputed, one should strive to kindle at the optimal time, which is close to twilight, as we mentioned above. In addition, there is also a halachic problem with working before one performs the mitzvah, similar to other mitzvos, such as bedikas chometz or hearing megillah, where it is prohibited to work or eat before fulfilling the mitzvah (Shu’t Maharshal #85; Mishnah Berurah 672:10; Teshuvos Vehanhagos 1:395:4). Someone who missed lighting menorah at the proper time because of extenuating circumstances should kindle his menorah as soon as his family is assembled at home (Rema Orach Chayim 672:2and Mishnah Berurah ad loc.).

An alternative method can be followed when a husband is delayed. The husband can arrange to have a member of the household, such as his wife, act as his agent and light at the optimal time (Mishnah Berurah 675:9; Teshuvos Vehanhagos 4:170). If he follows this approach, he does not need to light when he arrives home later, and if he does light, he should not recite the brachos. Alternatively, the wife can light at the proper time for herself, and the husband can light when he gets home. If one follows the latter approach, the husband and wife are no longer functioning as agents for one another, as they usually do germane to mitzvos such as ner Chanukah and ner Shabbos. Rather, each is fulfilling the mitzvah of ner Chanukah separately.

Whether to follow this approach depends on the sensitivities of the people involved. My Rosh Yeshivah, Rav Y. Ruderman zt”l, frequently lectured us on the importance of being concerned about others’ feelings. He often repeated the story of the Chofetz Chayim’s rebbe, Rav Nachumke, who waited several hours until his rebbetzin returned home before lighting the Chanukah lights. Therefore, if kindling the menorah early via an agent will create friction between family members, one should wait and kindle at a time that creates more shalom bayis (see Shabbos 23b). It is important to discuss the matter in advance and decide on an approach that keeps everyone happy.

At this point, let us examine the third of our opening questions: I will be attending a wedding during Chanukah that requires me to leave my house well before lighting time, and I will not return until very late. Can I kindle at the wedding, just like the lighting that takes place in shul?

Answer: Let us ask this question about the baalei simcha themselves! If a wedding takes place during Chanukah, where should the baalei simcha light the menorah?

I have attended weddings during Chanukah where the baalei simcha brought their menorahs to the hall and kindled them there. However, this seems incorrect, because the baalei simcha are required to kindle Chanukah lights at their own homes (Teshuvos Vehanhagos 1:398). Therefore, they should light the menorah at their homes sometime during the evening. If this is not convenient, they should arrange for someone to act as their agent and kindle their menorah for them at their house (see Mishnah Berurah 677:12). Guests attending the wedding who cannot kindle their menorah at home should also arrange for someone to light their menorah at their house. If they are concerned about leaving unattended lights burning, they should have someone remain with the lights for half an hour, and then the “menorah sitter” may extinguish the lights. If someone wishes to light an additional menorah at the hall without a bracha, in order to make pirsumei nisa, he may do so. However, this lighting does not fulfill the mitzvah (Teshuvos Vehanhagos 1:398).

Why Is This Different from Lighting in Shul?

Since one fulfills the mitzvah only by kindling the menorah in or near one’s residence, why do we kindle a menorah in shul?

Lighting the Chanukah menorah in shul does not fulfill the mitzvah of kindling Chanukah lights, but is a centuries-old minhag that we perform to make pirsumei nisa.

This practice prompts an interesting question. If lighting a menorah in shul is only a minhag, why do we recite a bracha on it? Do we ever recite brachos on minhagim?

The poskim explain that we recite a bracha because it is an accepted minhag, just as we recite a bracha on Hallel on Rosh Chodesh, even though Chazal did not obligate this recital of Hallel and it, too, is technically a minhag (Shu’t Rivash #111; for other reasons see Beis Yosef, Orach Chayim 671, s.v. uma shekasav shemeinichin).

There Is a Concert in School on Chanukah. Should We Light the Menorah with a Bracha to Perform Pirsumei Nisa?

Although lighting a menorah at the assembly will also be an act of pirsumei nisa, one fulfills no mitzvah or minhag by doing so. Therefore, one should not recite a bracha on this lighting (Teshuvos Vehanhagos 1:398).

Why Is the Concert Different from Lighting in Shul?

Lighting in shul is a specific, established minhag. We cannot randomly extend this minhag to another situation and permit reciting a bracha (Teshuvos Vehanhagos 1:398).

Lighting in a Hotel

And now, let us analyze the last of our opening questions: I will be spending part of Chanukah in a hotel. Where should I kindle my menorah?

Answer: One should light the menorah in one’s room (Chovas Hador, Ner Chanukah 2:9;see Shu’t Maharsham 4:146,who requires one to kindle Chanukah lights even while riding the train). If there is concern about a fire hazard, one should remain with the menorah until a half-hour after nightfall, or at least for a half-hour after kindling, and then extinguish the lights. On Shabbos, place only enough oil to burn the required amount of time, which is until a half-hour after nightfall.

Menorah in the Window?

May one place the menorah near the window of his hotel room? This depends. If someone will be able to see the lit menorah from outside, then it is preferable to light in a window. If no one will be able to see the menorah from outside, he should simply kindle the menorah on a table in his room.

If a hotel forbids lighting flames in its bedrooms, and one is eating regularly in the hotel’s dining room, one may light in the hotel dining room. Although frum hotels often set up menorahs in the hotel lobby, many poskim contend that one does not fulfill the mitzvah by placing a menorah there, since one is required to kindle Chanukah lights at one’s “home,” which is where one regularly eats or sleeps, and not in a lobby. Other poskim are lenient, and contend that the entire hotel lobby is considered one’s living area — just as one’s entire house is considered one’s living area. Therefore, according to these authorities, one may fulfill the mitzvah by lighting in the hotel lobby.

Visiting during Chanukah

Where do I light menorah if I visit a friend for Chanukah dinner, but I am not staying overnight?

Many people err and think that one may fulfill the mitzvah by kindling the menorah at someone else’s house while visiting. I know of people who invite guests to their house for menorah kindling and dinner. The problem with this is that one is required to kindle Chanukah lights at one’s own house. Therefore, the guest must kindle the Chanukah lights at his own house and then go to his friend’s house for the festive meal (Taz 677:2; Mishnah Berurah 677:12).

Yeshivah Bachur

Where should a bachur in yeshivah kindle his menorah? This is a dispute among contemporary poskim. Some contend that he should light in the yeshivah dining room, since it is preferable to kindle where one eats, as we mentioned above. Others contend that his dormitory room is considered more his “dwelling” than the dining room, and that he should light there (Shu’t Igros Moshe Yoreh Deah III 14:5; Shu’t Minchas Yitzchok 7:48; Chovas Hador pg. 106). To resolve this issue, some bachurim have the practice of eating one meal each day of Chanukah in their dormitory room and kindling the menorah there.

What about a yeshivah bachur who spends his entire day in the yeshivah, but sleeps at home?

It is unclear whether his main obligation to light is at home or in yeshivah. Some poskim suggest that he fulfill the mitzvah by relying on the people kindling at each place — his family lighting at his home and his fellow students lighting in the yeshivah.

Reward for Lighting Ner Chanukah

The Gemara teaches that someone who kindles Ner Chanukah will merit having sons who are talmidei chachomim (Shabbos 23b, see Rashi). This is puzzling; since all observant Jews kindle Ner Chanukah, why aren’t all our sons talmidei chachomim? The Rishonim explain that this bracha applies only to someone who observes the mitzvah carefully, in all its details (Sod Hadlakas Ner Chanukah, authored by Rabbi Yitzchok, the son of the Raavad). It is, therefore, in our best interest to be thoroughly familiar with all the halachos of kindling the Chanukah lights. May we all be blessed with a happy and healthy Chanukah!!

The Holey Donut

Question #1: Holey Blessings

“What brocha should I recite before eating a donut? Does it make a difference whether it is an American-style, hole-in-the-middle donut or an Israeli-style jelly donut?”

Question #1: Chanukah Donuts

“Must I separate challah from the donuts I am frying for Chanukah?”

Question #3: Non-Jewish Consumers

“I just purchased a donut shop that is quite distant from any Jewish community. Must I make sure that challah is taken?”

Introduction:

Although neither Israeli donuts nor Israeli latkes are usually made with holes in the middle, Americans envision donuts as a big zero, no doubt to remind them of the number of calories contained in the hole.

Donuts are made from dough that is deep fried, or cooked in oil (these are two ways of saying the same thing). Because they are cooked, most authorities rule that the correct brocha before consuming them is mezonos. However, our opening questions require that we study the topic in greater depth. Doing so, we will discover that although reciting mezonos before consuming donuts is the accepted approach, it is not a universally held position, and that there are many halachic ramifications to this dispute.

Analyzing this topic requires that we explain several major issues in the laws of separating challah, so that is where our discussion begins. We should note that throughout this entire article, the word challah will be used to refer to the portion removed from dough to fulfill the mitzvah of the Torah, and not to the special Shabbos bread.

The Torah and challah

The Torah describes the mitzvah of challah in the following passage:

When you enter the land to which I am bringing you, it will be that, when you eat from the bread of the land, you shall separate a terumah offering for G-d. The first dough of your kneading troughs shall be separated as challah, like the terumah of your grain shall you separate it (Bamidbar 15:18-20).

Let us make several observations about this posuk, and then proceed to discuss them.

Bread or dough?

1. There appears to be an inconsistency in the words of the Torah. First, it refers to when you eat from the bread of the land, which implies that the requirement to separate challah begins only once it becomes bread. Yet, in the very next posuk, the Torah requires challah to be taken from your kneading troughs, implying that you separate challah when it is still dough. Which is true?

Terumah or challah?

2. The Torah refers to the part separated as a “terumah offering,” and then compares it to the terumah of your grain. In what way is challah like terumah?

Consumer or manufacturer?

3. The words of the Torah, when you eat from the bread of the land, you shall separate a terumah offering, imply that the obligation to take challah falls upon the consumer who will be eating the bread. However, the next verse states, the first dough ofyour kneading troughs shall be separated as challah, implying that the obligation falls upon the manufacturer. Why do two verses imply different laws?

Bread or dough

The answer is that the words of the Torah, the first dough of your kneading troughs, teaches that there is no requirement to separate challah unless there is as much dough as the amount of manna eaten daily by each member of the Jewish people in the desert, which, in their generation, was called “your kneading trough.” Chazal explain that this amount, called ke’shiur i’sas midbar, was equal to the volume of 43.2 eggs. In contemporary measure, we usually assume that this is approximately three to five pounds of flour. (For our purposes, it will suffice to use these round figures. I encourage each reader to ask his own rav or posek for exact quantities.) When there is a definite requirement to separate challah, one recites a brocha prior to fulfilling the mitzvah.

There is another reason why the Torah refers to the mitzvah both in regard to dough and to the finished bread. Usually, one should separate challah when the dough is mixed. However, there are situations in which one cannot separate challah as dough. In these instances, the Torah is teaching that we can also separate challah when it is already bread.

Terumah or challah

I noted above thattheTorah refers to the separated dough as a “terumah offering,” and then compares it to the terumah of your grain. In what way is challah like terumah?

Terumah may be eaten only by a kohen, his wife, sons and unmarried daughters, and only when they are tahor. Since we are without the parah adumah today, we cannot achieve being fully tahor, and, therefore, we cannot eat terumah. The Torah here teaches that challah has the same laws as terumah, and therefore can be eaten only by members of the kohen’s family who are tahor.

Dough versus batter

We find much discussion in the Mishnah regarding what type of product is included in the obligation to separate challah and a fundamental dispute among the early baalei Tosafos concerning these laws. Note that in the following discussion we differentiate between “dough,” a thick mixture which Chazal call belilah avah, and “batter,” a thin mixture which Chazal call belilah rakah. According to Rabbeinu Tam, any dough owned by a Jew is obligated in challah, even if one subsequently cooks or fries it (cited by many rishonim, including Tosafos, Brochos 37b s.v. Lechem and Pesachim 37b s.v. Dekulei alma).

(Please note that some authorities who accept Rabbeinu Tam’s basic approach that any dough is obligated in challah still exempt dough manufactured for pasta, because of considerations beyond the scope of our topic (see Tosafos, Brochos 37b, s.v. Lechem,quoting Rabbeinu Yechiel), but others hold that, according to Rabbeinu Tam, any product made from dough is obligated in challah, provided the batch was large enough (as described above).

Intent

A different baal Tosafos, the Rash, disagrees with Rabbeinu Tam, contending that one is not always obligated to separate challah from dough. There is such a requirement only when the owner intended to make the dough into bread. However, if the owner intended at the time that he kneaded the dough to cook or fry it, as one does when making donuts or kreplach, there is no obligation to separate challah.

Batter up

Both Rabbeinu Tam and the Rash agree that there is no obligation to take challah from a batter (belilah rakah) unless it was subsequently baked into a bread-like food. In this instance, therefore, the obligation to separate challah does not take place until the bread is produced. Thus, according to both Rabbeinu Tam and the Rash, we can resolve why the Torah describes the mitzvah of challah sometimes in terms of bread and sometimes in terms of dough. In most instances, the obligation to separate challah is when the flour mixture becomes dough. However, there are instances, such as when preparing a batter, in which there is no obligation to separate challah until it becomes bread.

Mezonos or hamotzi?

Many authorities explain that the dispute between Rabbeinu Tam and the Rash also affects which brocha one recites on a cooked or fried dough. They contend that, according to Rabbeinu Tam, since dough is obligated in challah, the brocha recited before eating dough that was then cooked or fried is hamotzi, the brocha recited afterwards is the full bensching,and that, prior to eating a cooked or fried dough product, there is a requirement to wash netilas yadayim.

Others rule that one does not recite hamotzi unless another requirement is met – that the finished product, after the frying or cooking, has a bread-like appearance, called in Aramaic turisa denahama (Tosafos, Pesachim and Brochos 37b s.v. Lechem). The halachic basis for drawing a distinction between the mitzvah of challah and the brocha requirements is that the requirement to separate challah is established at the time the dough is mixed, whereas the halachic determination of which brocha to recite is determined by the finished product (Rabbeinu Yonah, Brochos; Shulchan Aruch, Orach Chayim 168:13).

Baking part

At this point, we will return to the laws of challah, in order to understand some of the rulings germane to the laws of brochos. A passage in the Talmud Yerushalmi teaches that someone who prepared a dough or batter with the intention of cooking or frying most of it, and leaving a small amount of the dough for baking, is obligated to separate challah from the entire dough, because of a rabbinic injunction.

The passage reads as follows:

A woman asked Rabbi Mana: ‘I want to make my dough into noodles. Is there a way for me to do so and be exempt from separating challah?’ He told her that it was possible. He then asked his father, Rabbi Yonah, who told him that she should not be exempt from separating challah, out of concern that she will use the rest as one usually processes dough (that is, into bread) (Yerushalmi, Challah 1:4). The rishonim explain that she intended to bake a small part of the dough, and therefore assumed that she is not obligated to separate challah. However, should she subsequently decide that she wanted to bake the entire dough, it would be obligated in challah min haTorah, and she might not realize that she is obligated to separate challah. In order to avoid creating this problem, Chazal required her to separate challah even when she intends to bake only a small amount (Rosh, Pesachim 2:16; Hilchos Challah #2).

Rabbeinu Tam and Rash

At this point, we must note that Rabbeinu Tam and the Rash will dispute exactly what happened in this case. According to Rabbeinu Tam, any time one mixes dough, he is obligated to separate challah. Therefore, the case described by this passage of Yerushalmi must have been where the woman was mixing a batter from which one is usually not obligated to separate challah, intending to bake a small amount, and to cook or fry the rest. Rabbi Yonah ruled that since she might decide to bake the entire batter, she is already obligated, miderabbanan, to separate challah.

According to the Rash, the passage of Yerushalmi can be discussing dough, since the intention at the time of mixing to cook or fry dough exempts it from the mitzvah of separating challah.

The Maharam Rottenberg

Approximately a century after the time of the Rash, the greatest halachic authority in Germany was the Maharam Rottenberg. The Maharam did not want to take sides in this dispute between his two great predecessors, and so he devised the following approach, which he implemented in his own household:

When preparing dough that one intends to cook or fry, the Maharam instructed that one bake a small amount of the dough. According to the Rash, although cooked or fried dough is exempt from challah, when baking some of the dough, one becomes obligated in separating challah because of the takanah established by the Yerushalmi. Therefore, this dough is obligated in challah, whether one holds like Rabbeinu Tam (because it is dough) or like the Rash (because one is baking part of it).

According to Rabbeinu Tam, one should recite a brocha prior to separating challah on dough that one intends to cook or fry, whereas according to the Rash, there is no obligation to separate challah, and this would be a brocha levatalah. To avoid taking sides in this dispute, the Maharam advised baking some of the dough, thus creating a responsibility to separate challah because of the takanas chachamim.

Which brocha when you eat?

The Tur notes that the Maharam’s suggestion of baking some dough resolves only the question of separating challah. However, there is a separate, unresolved question – which brocha does one recite prior to eating a cooked or fried dough product? Rabbeinu Tam contends that the brocha on this product is hamotzi, which also means that one must wash netilas yadayim before eating it and recite bensching afterwards. The Rash maintains that the brocha before eating this food is mezonos, and the brocha afterwards is al hamichyah, and there is no requirement to wash netilas yadayim. How does one avoid taking sides in this dispute? The Maharam’s solution is to eat these products only after one first recited hamotzi on regular bread.

Thus, one of our opening questions “What brocha should I recite before eating a donut?” was considered an unresolved conundrum by the posek of his generation, the Maharam. Since he considered it to be an unresolved halachic issue whether one should recite hamotzi or mezonos prior to eating donuts, he ate them only after first reciting hamotzi on bread. I suspect that low carbohydrate diets were not much in vogue in his day.

How do we rule?

Most authorities conclude that the correct brocha prior to eating a dough product that is cooked or fried is mezonos. The Shulchan Aruch (Orach Chayim 168:13) and the Rema (ibid.) both follow the majority opinion that the correct brocha prior to eating a dough product that is cooked or fried is mezonos. However, the Shulchan Aruch also cites the minority opinion that one should recite hamotzi prior to eating a cooked dough product. He concludes that, to avoid any question, someone who is a yarei shamayim should eat a cooked dough product only after making hamotzi on a different item that is definitely bread — what we presented above as the Maharam’s solution. The Shulchan Aruch refers to this as the way a G-d-fearing person should approach the matter. The Rema rules that accepted practice is to simply recite mezonos. Perhaps we could say that the Rema felt that a yarei shamayim can still be concerned about how many carbohydrates he eats!

How do we rule concerning challah?

According to the text accepted by most authorities, the Shulchan Aruch (Yoreh Deah 329:3) concludes that dough that one intends to cook or fry is exempt from the requirement to separate challah, ruling against Rabbeinu Tam. However, the Shach contends that one should separate challah without a brocha. Thus, in his opinion, someone preparing a large quantity of donuts or kreplach is obligated to separate challah, albeit without a brocha. A caterer, restaurant or hotel cooking a large quantity of kreplach for a communal Purim seudah should have challah separated from the dough.

Many later authorities rule that one should take into consideration Rabbeinu Tam’s approach and separate challah from any dough more than three pounds, even when it will be cooked or fried. However, the Shulchan Aruch Harav (Kuntrus Acharon, Orach Chayim 168:7) and the Aruch Hashulchan (Yoreh Deah 329:15) rule that one does not need to be concerned about Rabbeinu Tam’s position if one is making the dough in chutz la’aretz, since the requirement of separating challah there is certainly only miderabbanan.

Non-Jewish consumers

At this point, we can address the third of our opening questions: “I just purchased a donut shop that is quite distant from any Jewish community. Must I make sure that challah is taken?”

Let me explain the background to this shaylah. A frum businessman purchased a franchised donut shop located nowhere near any Jewishcommunity. His managers and employees are all non-Jewish. To avoid issues of being open on Shabbos and Pesach, the businessman used a type of mechir Shabbos, thereby sharing ownership of his business with a gentile, a highly controversial practice that is beyond the scope of this article. He had assumed that he had no responsibility to separate challah, either because he did not know that some authorities require this, or because he assumed that, since no customers are assuming that his products are kosher, he is not obligated to separate challah. This last assumption is incorrect.

Consumer or owner

The obligation to separate challah is a positive requirement incumbent upon the owner, not simply a means of preventing a Jew from eating the finished product without challah having been separated. The requirement to separate challah depends on the ownership of the dough at the time it is mixed, not on who mixes it. In other words, if a Jew owns a bakery, he is required to separate challah, even if his workers are not Jewish. Should the owner not have separated challah, the consumer is obligated to do so before he may eat the finished product.

If a gentile does the kneading in a Jewish-owned household, nursing home or school, there is an obligation to separate challah. On the other hand, there is no requirement to separate challah in a bakery owned by non-Jews, even if the employees are Jewish.

Conclusion

Having discussed the halachic details of this mitzvah, it is worthwhile taking a glimpse at the following Medrash that underscores its vast spiritual significance: “In the merit of the following three mitzvos the world was created – in the merit of challah, in the merit of maasros, and in the merit of bikkurim” (Bereishis Rabbah 1:4). Thus, besides gaining us eternal reward, this easily kept mitzvah helps keep our planet turning.

The Chanukah Miracle

By Rabbis Avraham Rosenthal and Yirmiyohu Kaganoff

Question #1: How did the Seleucid Greeks defile the oils?

Question #2: How was the oil in the flask protected from tumah?

Question #3: How did the Chashmona’im know that it was indeed tahor, ritually pure?

Question #4: Is there a prohibition against lighting the golden menorah with oil that is tamei?

Introduction:

We are all familiar with the story of the flask of olive oil found with the seal of the kohein gadol that was used to light the menorah in the Beis Hamikdash after the defeat of the Seleucid army. There is much discussion in halachic literature concerning this flask of oil. This week’s article will attempt to address the opening questions about that flask.

To begin, let us quote the Gemara’s explanation of the story: “What is Chanukah? (As Rashi explains this question,) on account of which miracle did the Rabbis establish Chanukah? The Rabbis taught: On the twenty-fifth of Kislev the days of Chanukah commence. They are eight days, on which it is not permitted to eulogize or to fast. For when the Greeks entered the Sanctuary, they contaminated all the oil that was in the Sanctuary. And when the royal Chashmona’im house gained the upper hand and vanquished them, they searched [the Beis Hamikdash] and found only one flask of oil that had the kohein gadol’s seal. It contained only enough oil to kindle the menorah for one day. A miracle happened with this oil and they kindled the lights with it for eight days. In the following year, they rendered [these eight days] into a festival with respect to the recital of Hallel and thanksgiving” (Shabbos 21b).

Defiling the Oil

Our first question was: “How did the Seleucid Greeks defile the oils?” Concerning this question, we find several opinions among the Rishonim and Acharonim:

1) One possibility, suggested by Tosafos (ad loc.), is that, miderabbanan, non-Jews are treated as tamei to the extent that they make people and utensils tamei via physical contact or by lifting or moving them (Shabbos 17b; Nidah 31a; Rambam, Hilchos Metamei Mishkav Umoshav 2:10). According to this approach, if the Greeks merely moved the flasks of oil, they became tamei.

2) Another suggestion is that the oil became tamei through tumas meis, the type generated by a corpse. This works as follows: Let us say, for example, that a person enters a room in which there is a corpse. Both he and his clothes are now tamei. If he or his clothes then come in contact with a utensil, the utensil is now tamei. In a situation where there is food or liquid in the container, it becomes tamei because it is in contact with the utensil.

Thus, the garments worn by the Greek soldiers who entered the Beis Hamikdash were, in all likelihood, tamei, as the soldiers had most likely come in contact with their dead Jewish victims. When those garments came in contact with the flasks of oil located in the Sanctuary, the flasks become tamei, which in turn caused the oil to become tamei as well (Re’eim, commentary to Semag, Hilchos Chanukah).

3) Another possibility, suggested by the Rogetchover Gaon (Tzafnas Panei’ach, Hilchos Chanukah 3:1), is based on a passage of Gemara (Chullin 123a) that rules that when a platoon of non-Jewish soldiers enters a house, everything in the house contracts tumas meis. This is because the soldiers were wont to carry skins taken from a corpse in order to use them for witchcraft against the enemy. Based on this, the Greeks soldiers also brought this tumah into the Beis Hamikdash, thereby causing the oil to become tamei.

4) Rav Avraham Halevi Gombiner, author of the famous Magen Avraham commentary on Shulchan Aruch, also wrote commentaries on the midrashim called Zayis Raanan. There he suggests that the oil found in the Beis Hamikdash was not tamei, but the Chashmona’im did not want to use it out of concern that it had been used as part of an idolatrous service (Yalkut Shimoni, Emor, #655, Zayis Raanan, s.v. af betumah).

The Oil was Protected

Our second and third questions were: How was the oil in the flask protected from tumah, and how did the Chashmona’im know that it was indeed tahor, ritually pure?

Again, concerning this issue we find numerous approaches:

1) Rashi, commenting on the Gemara (Shabbos 21b, s.v. bechosmo), writes that they found the sealed flask in a hidden place, where it was unlikely to have been handled by the Greeks.

2) The Ran (Shabbos, ad loc.) writes that the flask was made out of pottery, which has the unique quality that it does not become tamei when someone touches its exterior.

3) Tosafos (Shabbos 21b, s.v. shehayah) write that the flask was situated in the ground in such a fashion that it was evident that the Greeks did not move it. Several Rishonim propose various possibilities as to how it was evident. Some suggest that they found the flask hidden in the area under the mizbei’ach into which flowed the water and wine libations (Yotzros, second Shabbos Chanukah). Others suggest that the flask was in a sealed cubby (Meiri, Shabbos 21b, s.v. neis zeh; see also Kol Bo #44).

4) Some Rishonim write that it is clear that the Greek army was not even aware of the flask’s existence, for had they come across it they would have certainly broken it open to see if there was anything valuable inside (Ran and Meiri, Shabbos ad loc.).

Using Tamei Oil

Now let us address the last of our opening questions: Is there a prohibition against lighting the golden menorah with oil that is tamei?

The basis of this question is that there is a halachic principle, “tumah hutrah betzibbur,” when the only way to offer the required regular public korbanos is by violating the rules of tumah, the Divine service in the Beis Hamikdash is permitted. Only individuals who are tamei are prohibited from bringing offerings and the like. The source of this halachah is based on a pasuk: “Command the Bnei Yisrael and they shall take for you pure olive oil, pressed, for illumination, to kindle a continual lamp (ner tamid)” (Vayikra 24:2). The Sifra elaborates: “‘Tamid’ – even on Shabbos; ‘tamid’ – even in tumah.” The Rambam quotes this ruling (Hilchos Tamidin Umusafin 3:10). If so, the menorah could have been kindled with tamei oil.

Adding to the question as to the necessity of attaining oil that was tahor, the Acharonim point out that the other korbanos at the time were offered even though everyone was tamei (see Aruch Hashulchan, Orach Chayim 670:3; Pnei Yehoshua, Shabbos 21b, s.v. mai chanuka).

We find several viewpoints in the Rishonim and Acharonim explaining why they required oil that was tahor.

1) Some Acharonim write that the permissibility of tumah hutrah betzibbur applies only to tumas meis, tumah generated by a corpse. However, this rule does not apply to other types of tumah. Therefore, since, according to some opinions, the oil was tamei for other reasons (see above), it could not be used (Pri Chadash 670).

2) Others contend that the rededication of the Beis Hamikdash by the Chashmona’im created a unique situation. The lighting of the menorah at that time was not merely a fulfillment of the daily mitzvah, but it initiated a new beginning, which required doing so in the purest way possible. This required that they attain oil that was tahor (Gilyonei Hashas [Mahari Engel], Shabbos 23).

A similar idea can be found in the Daas Zekeinim Mi’baalei Tosafos (Vayikra 10:4). Although a kohein gadol is not allowed to become tamei for one of his seven closest relatives, a kohein hedyot (regular kohein) is normally allowed to do so. The Daas Zekeinim points out that Aharon’s two remaining sons, Elazar and Isamar, were not allowed to become tamei upon the deaths of their brothers. This was because they were just then commencing their initiation as kohanim, and therefore they had the same restrictions as a kohein gadol.

3) Some explain that, in actuality, it was permitted to light with tamei oil because of the halachah of tumah hutrah betzibbur. Nevertheless, Hashem performed a miracle on their behalf allowing the one day’s worth of oil to burn for eight days in order to show them His love. This enabled them to light the menorah – the symbol that Hashem’s Divine Presence resides among the Jewish Nation – with oil that was tahor (Pnei Yehoshua, Shabbos 21b; Shu”t Chacham Tzvi #87; Rosh Yosef, Shabbos 21b).

4) According to the view of the Zayis Raanan mentioned earlier, the concern was that the oil had been contaminated by idol worship. The Chasmona’im needed oil that did not have this problem, and the heter of tumah hutrah betzibbur did not apply.

Conclusion

Whereas Shabbos and most of our holidays include Kiddush and other festivities that we celebrate with the use of wine, on Chanukah we celebrate the miracle that happened with the olive oil in the Beis Hamikdash. Many of our customs, including the consumption of donuts and latkes, are to remind us of the miracle of the oil.

It is interesting to note the many comparisons made between olives and grapes, and this also has halachic overtones. Both vineyards and olive groves are called kerem in Tanach and Mishnaic Hebrew (see Berachos 35a). Wine and olive oil are the only fruit products used in korbanos on the mizbeiach. They are also the only liquids whose brocha is not shehakol; it is ha’eitz in the instance of olive oil and hagefen in the instance of wine and grape juice. They both have the halachic distinctiveness of being the only fruits with a Torah requirement of separating terumos and maasros; and they are the only fruits that may be squeezed for their product when they have terumah sanctity.

On the other hand, there is an interesting technical difference between grapes and olives, one with major hashkafic ramifications. Whereas it requires much tending to coax the vine to produce quality wine grapes, the olive tree requires little attention to produce quality olive oil. Once one has chosen the proper site for planting the trees, the main efforts required to produce quality oil are to harvest the olives exactly when they are ready and to crush them immediately without damaging them. Any significant delay reduces severely the quality of the oil extracted. This is also reflected in the halacha, which rules that one may harvest and process olives on Chol Hamoed, when work is usually prohibited, because delaying causes major loss (Mishnah, Moed Katan 11b).

The root of the word Chanukah is the same as that of chinuch; both instances include the concept of training or the beginning of performing mitzvos. Thus, the true translation of chinuch is not education, as it is ordinarily used, but training. Similar to the grape, some children require constant involvement in their education. If you take your eyes off their chinuch for a moment, they will be in trouble. However, when you attend to them carefully and constantly, they’ll produce high quality wine. Other children resemble the olive. They require less oversight. Once they are planted correctly, they only require attentive oversight at key junctions. The rest of the time, they will do far better if left to grow on their own. This is indeed a manifestation of the other aspect of chinuch/Chanukah. As parents and teachers, it is our task to understand our children and apply the correct approach to maximize the potential of each child. As Mishlei (Proverbs) tells us, chanoch lanaar al pi darko (22:6), each child needs to be educated according to his own specific requirements. May the lights of Chanuka symbolize for us the dedication of our ancestors to direct their children and students in the way of Torah, and may they serve as a beacon for us to continue in that mission.

Flying High – A Traveler’s Guide to Kindling the Menorah

Question #1: “Rabbi…” I recognize Shlomo Rabinowitz’s voice on the phone. “My company is sending me to Japan next week, right in the middle of Chanukah,” he continues, “and to top it off, one of my flights has me on the plane the entire candle lighting time. How do I fulfill the mitzvah of kindling Chanukah lights five miles above earth? Furthermore, in Japan I will be busy at conferences all day long. Where and when will I light my menorah there? Can I kindle in a corner of the conference room?”

Question #2: Rav Mordechai, a fundraiser acquaintance of mine, asked me how to fulfill the mitzvah of hadlakas Ner Chanukah when he is out of town soliciting tzedakah until late in the evening.

Question #3: The Schwartz family is spending Shabbos Chanukah with friends on the other side of town. May they kindle the menorah at their friends’ home on motzei Shabbos, or must they wait until they return home?

(Although all names have been changed, each of these cases reflects an actual shaylah people asked me.)

True, most of us will not be collecting funds all of Chanukah or flying to Japan. However, resolving these shaylos provides a good opportunity to explain the mitzvah of Ner Chanukah in greater depth. First, we will go through the basics of the mitzvah, and then we will examine the details that apply to travelers.

Every Jew must light Chanukah lights or have an agent kindle for him (see Rambam, Hilchos Chanukah 3:4). Many people do not know that the basic mitzvah requires kindling only one flame, whether oil or candle, for the entire household on each night of Chanukah, regardless of which night of Chanukah it is, and regardless of how many people live in one’s house (Shabbos 21b). Kindling the additional lights is in order to observe the mitzvah according to the exemplary standard that the Gemara terms mehadrin min hamehadrin.

In places where the custom is that the entire household lights only one menorah, which is the predominant practice among Sefardim, the person who kindles functions as an agent for the rest of the family. Even in places where the custom is that each individual kindles his own menorah, as is the common Ashkenazic practice, married women do not usually light (Elyah Rabbah 671:3; Mishnah Berurah 671:9), and most people have the custom that single girls do not either (Shu’t Shaar Efrayim #42; see Chasam Sofer, Shabbos 21b s.v. vehamihadrin and Mikra’ei Kodesh #14 who explain reasons for this practice). According to both the Ashkenazic and the Sefardic approach, the head of the household fulfills the mitzvah for those family members who do not light for themselves. In fact, he is their agent not only for the kindling, but also for the brachos he recites before lighting. (The difference between the Ashkenazic and the Sefardic custom reflects different interpretations of mehadrin min hamehadrin.)

WHAT ABOUT A GUEST?

So far, we discussed how the regular household members fulfill their mitzvah of Ner Chanukah. However, what about a guest who is not a regular member of the household? Does he have his own obligation to kindle Ner Chanukah or does the head of household’s kindling exempt him as it does the regular household residents? If he has his own obligation, how does he fulfill this mitzvah? The Gemara (Shabbos 23a) discusses this question in the following passage:

“Rav Sheishes said, ‘A guest is obligated in Ner Chanukah.’ Rav Zeira said, ‘Initially, when I was in Yeshiva, I paid my host a coin to include myself in his Ner Chanukah. Now that I am married but am still occasionally away in Yeshiva for Chanukah, I do not need to pay my host where I am staying because my wife kindles on my behalf in my house.’”

We see here that a guest must observe the mitzvah of Ner Chanukah himself and not through the head of household’s lighting. Rav Zeira described two methods whereby the guest can fulfill his requirement without actually kindling his own menorah. The first method is to become a partner in the candles or oil of his host, which he does by purchasing ownership in them. (An alternative way of fulfilling this approach is for the guest to acquire a portion in the items by picking them up with his host’s permission.)

The second method Rav Zeira suggests is when the guest is a member of his own household, although he is not with them for Chanukah. In this case, he is automatically included when his family kindles, even though he is not home.

By the way, the guest can fulfill his mitzvah in a third way — by kindling his own menorah in his host’s house. However, in this instance, if he wants to recite a bracha on his own kindling, he should decide that he is following this approach before his wife kindles (Mishnah Berurah 677:15). Otherwise, since he has already fulfilled his responsibility to perform the mitzvah through his wife’s kindling in his house, his own kindling is unnecessary and a bracha recited before kindling them is levatalah, in vain.

WHAT ABOUT TIME ZONES?

What happens if the guest is in a different time zone from his family? Can the guest fulfill his mitzvah with his family’s kindling even though he is in a different time zone?

The poskim who discuss this shaylah dispute whether one fulfills the mitzvah with his family’s lighting if their lighting takes place at a time when there is no mitzvah to kindle Ner Chanukah in his time zone. According to many, an Israeli resident visiting the United States will not fulfill the mitzvah through his family’s kindling and vice versa (Shu’t Minchas Yitzchak 7:46; however, see Halichos Shelomoh Volume 2 pg. 261, that Rav Shelomoh Zalman Auerbach disagrees). Minchas Shelomoh II:56:2 s.v. ומ”מ (red edition) contends that you fulfill the mitzvah with your household; a guest has no household and therefore has his own mitzvah. Furthermore, there is no evidence that Rav Shelomoh Zalman held that you fulfill the mitzvah with your household when you are east of your family – it could be that he held this way only when you are west of the family, and thus they have fulfilled their chiyuv already and you never become chayov in the mitzvah. But where the individual is east of his family, and thus becomes chayov earlier, it could be that the halacha is different.

Nevertheless, someone traveling within the United States might fulfill his or her mitzvah through the kindling at home if the family kindles when people are still frequenting the streets in the city that he/she is visiting.

According to our analysis, if Shlomo Rabinowitz was flying from Chicago to New York instead of Japan, he could rely on the candle lighting in his house since the candles will be kindled at a time that he is obligated in Ner Chanukah. (We will discuss shortly whether he recites the bracha she’asah nissim upon arrival in New York.) However, if he is in Asia, it is unclear whether he can rely on his family’s menorah since his family will kindle the lights at a time when he cannot perform the mitzvah.

WHAT IF SOMEONE HAS NO REAL RESIDENCE ON CHANUKAH?

Rashi (Shabbos 23a) cites the following case: Someone traveling by boat who is unable to light a menorah should recite the brachos of she’asah nissim and shehechiyanu (on the first night of Chanukah) when he sees a kindled menorah, even though he is not kindling himself. In other words, one recites the bracha of she’asah nissim in commemoration of the miracle of the lights and not for the actual mitzvah of kindling. Similarly, we recite the bracha shehechiyanu for seeing the lights of the menorah, not for fulfilling the mitzvah of kindling. However, in both instances one recites the bracha only on a menorah that fulfills the mitzvah, and not on a menorah lit in a shul or other public place. Kindling menorah in a shul or other public place is only a custom and does not fulfill the mitzvah (Shu’t Rivosh #111).

However, we still need to explore whether an airplane has the same halacha as the boat discussed by Rashi. To explain the possible difference, we will first discuss a teshuvah authored by Rav Shalom Mordechai Shvadron, the famous Maharsham of Brezan, the posek of his generation (late 19^th century – early 20^th century Galicia) about kindling menorah while riding a train.

RIDING THE TRAIN

Rav Shimon Valtuch, the Rav of Leipzig, Germany, sent a shaylah to the Maharsham asking whether someone traveling by train should light his Chanukah menorah on board. The Maharsham ruled that since he has paid for the entire night, it is as if he rented a house to eat and sleep, and the obligations of Ner Chanukah apply on the train.

WHAT IS THE DIFFERENCE BETWEEN A BOAT AND THE TRAIN?

But if so, why does Rashi rule that someone traveling by boat cannot fulfill the mitzvah of kindling Chanukah lights and instead recites the brachos of she’asah nissim and shehechiyanu on the lights he sees on shore. Why does the Maharsham give a different ruling concerning a train than Rashi ruled concerning someone traveling by boat? The Maharsham explains that Rashi’s case involved an unroofed boat which cannot qualify as a house since it does not provide adequate shelter. This implies that someone spending Chanukah on a cruise ship or even on a yacht would have a mitzvah of kindling menorah on board.

The Maharsham considers whether the train is the same as a house even though it is constantly moving, and rules that this makes no difference. Thus, someone in a house trailer should kindle a menorah in its window, even if the trailer is on the move. However, it is unclear whether someone spending Chanukah night traveling in a car or truck should kindle Ner Chanukah there, since he has nowhere to sleep properly. Therefore, it might not be considered as lodging.

In addition, we should note that there is evidence that other authorities contemporaneous to the Maharsham did not accept his opinion, but felt that one fulfills the mitzvah only in a proper residence.

TRAVELING IN STYLE

There are two common ways of traveling by train – either in a private compartment, or, more commonly, on a seat in a public compartment. Since the Maharsham seems to consider even the second case enough of a lodging to light, this implies that one’s seat on a plane is also considered sufficient “lodging” to require kindling Chanukah lights on board.

Because of safety considerations, no one will permit you to kindle a menorah on an airplane. However, according to those opinions that one may fulfill the mitzvah of kindling Chanukah lights with a flashlight or an electric light (a subject we will iy”H discuss a different time), Shlomo Rabinowitz traveling to Japan in the middle of Chanukah has an interesting solution to his predicament. He can take a flashlight or other battery operated light onto the plane with him, turn it on for the purpose of fulfilling the mitzvah of Ner Chanukah, and leave it burning for half an hour. Although this is only one light, I noted above that one fulfills the mitzvah of Ner Chanukah by kindling only one light. (If practical, he could bring along a few flashlights and fulfill the mitzvah mehadrin min hamehadrin.) For those interested in following this approach, Rav Shelomoh Zalman Auerbach contends that it is preferable to fulfill the mitzvah of Ner Chanukah with a battery-operated light over other electric lights (Halichos Shelomoh Volume 2, pg. 283).

CAN HE KINDLE IN THE CONFERENCE ROOM?

Although kindling in the conference room may inform everyone that it is Chanukah, one does not fulfill the mitzvah with these lights, because one fulfills the mitzvah only in one’s residence.

LIGHTING IN A HOTEL

Does Shlomo Rabinowitz fulfill the mitzvah by kindling in his hotel room?

Yes, because the mitzvah of Ner Chanukah is fulfilled even in a place that is his home for only one night (Chovas Hadar, Ner Chanukah 2:9).

SHOULD ONE PLACE THE MENORAH IN THE WINDOW OF HIS HOTEL ROOM?

If people can see the lit menorah from outside, it is preferable to light in a window. If no one can see the menorah from outside, he should simply kindle the menorah on a table in his room.

WHEN MUST HE KINDLE THE MENORAH?

Ideally, he should kindle the menorah around nightfall wherever he is. However, if this is not practical, he may fulfill the mitzvah at any time that it is common to find people in the streets of the town that he is visiting. If he cannot return to his room until even later than this time, he should kindle the menorah without reciting the brachos. This is assuming he is traveling alone. If he is traveling with someone else who is Jewish, he can recite the brachos even late at night, provided that both of them are awake to witness the kindling (Teshuvos V’Hanhagos 2:215).

What about Rav Mordechai, our fund raiser? How does he fulfill the mitzvah of hadlakas Ner Chanukah while he solicits tzedakah the entire evening?

I suggested that he appoint an agent (a shaliach) at the place where he is sleeping to kindle the menorah on his behalf. Alternatively, he could acquire partial ownership in the oil of his host’s menorah by paying him a token sum of money.

VISITING DURING CHANUKAH

Where do I light menorah if I visit a friend for Chanukah dinner and I am not staying overnight?

Many people mistakenly think that one may fulfill the mitzvah by kindling the menorah at someone else’s house while visiting. I know of people who invite guests to their house for menorah kindling and dinner. The problem is that one is required to kindle Chanukah lights at one’s own house, and kindling at the friend’s house does not fulfill the mitzvah. Therefore, the guest must kindle the Chanukah lights at his own house and then leave to join the festive meal (Taz 677:2; Mishnah Berurah 677:12).

WHAT ABOUT THE SCHWARTZES?

Remember the Schwartz family that is spending Shabbos Chanukah with friends on the other side of town? Must they come home to kindle on motzei Shabbos, or can they kindle at the home where they were Shabbos guests?

If one spends Shabbos at someone’s house, he may kindle the menorah there on Motzaei Shabbos (Tshuvos V’Hanhagos 1:391). Some poskim suggest that one remain near the menorah until it has burned for a half-hour (see Tshuvos V’Hanhagos 1:394).

The Gemara teaches that someone who kindles Ner Shabbos and Ner Chanukah will merit to have sons who are Talmidei Chachomim (Shabbos 23b, see Rashi). This is puzzling — since all observant Jews kindle these lights, why are there not many more Talmidei Chachomim? The Rishonim explain that this promise only applies to someone who observes the mitzvah carefully in all its details (Sod Hadlakas Ner Chanukah, authored by Rabbi Yitzchok, the son of the Raavad). So it is certainly worthwhile to thoroughly review the halachos of Chanukah lights before the wonderful days of Chanukah catch up with us.

Non-Edible Oils for Lighting the Menorah

How is olive oil produced?

There are approximately seven hundred olive varieties, or cultivars, whose distinctive tastes and aromas are developed and marketed, just as viniculture develops distinctive varieties of fine wine. Specialty olive oil producers have mastered the methods whereby they breed, grow, and produce their oil. The highest quality olive oil is produced by painstakingly harvesting the fruit by hand to assure that it is not damaged, even though this method drives up the cost tremendously. Olives for quality oils are picked and milled within hours, to minimize oxidation and enzymatic reactions, which leave unpleasant tastes and odors in the oil and decrease its fragrant qualities. These bouquet oils, like vintage wines, compete among connoisseurs for their taste. These oils are the Rolls-Royce of the olive industry and are sold privately or in gourmet shops, similar to the way one would acquire vintage wines.

Olives are almost unique among oil sources, in that olive oil can be consumed in its crude form without refining. Almost all other edible oils: soy, canola, corn, cottonseed, peanut, palm, etc., require extensive refining using heat and chemicals to make the oil palatable. Furthermore, unrefined olive oil conserves most of its nutrients, whereas refining often destroys them.

What is extra virgin oil, and what is virgin oil?

Oil produced without refining is called virgin or cold-press oil. The term cold press can have many meanings, but in common parlance it refers to oil that is extracted without heating the olives or the use of chemicals. However, one should bear in mind that the term “cold press” actually has no legal meaning. Someone selling refined oil as cold press would be violating an industry standard, but cannot be prosecuted for violating the law. It is also important to note that the term virgin oil has no legal meaning in the United States, although there are many countries in the world where the term has a legal meaning. In those countries, someone selling refined olive oil as virgin oil can be prosecuted. However, someone selling refined oil as virgin olive oil in the United States is exempt from prosecution, either civil or criminal.

There are four categories of virgin oil: extra virgin, virgin, ordinary virgin and virgin lamp oil.

Extra virgin oil

The official Italian standard for extra virgin oil is that its taste is excellent and has no defects, and that the oil has an acid content of less than 1%. The lower the acid content, the better the taste. Extra virgin oil is the Cadillac of the olive industry.

Virgin oil is not required to meet as high a standard for taste, but still has a positive taste profile, and can have an acid content of up to 2%.

Ordinary virgin oil

Never heard of this? There is a reason why – either its taste is considered inferior or its acid content is greater than 2%. These are the Chevies of the olive industry. Usually, this oil undergoes further processing, which is called refining, to remove the excess acid and make it more palatable, and the resulting product should not be called virgin oil, but should be sold as “refined olive oil” or “olive oil” missing the adjective “virgin.” This is the type of olive oil that is used in canned sardines packed in olive oil.

Technically, if the oil is exclusively refined olive oil it may not be sold as “olive oil,” but if it is a blend of “refined olive oil” and “ordinary virgin” oil it can be called “olive oil.”

Virgin lamp oil

The most inferior category of cold press or virgin oil is called virgin lamp oil, or sometimes by its Italian name – lampante. This is oil whose taste is considered inedible, and therefore will probably not be used for food, but more likely for kindling or other non-food use. This raises a very interesting observation, since the Torah was more concerned that the oil used for kindling in the Menorah in the Mishkan should be only of the highest quality and was less concerned about the quality of oil used to produce the korbanos mincha, the meal offerings. This curiosity is not lost on the Midrash:

In the custom of the world, if someone has bad oil, he kindles it, and his good oil he cooks with. In the Ohel Moed and the Mikdash, one did not do this. Only the purest oil went for lighting, and the second quality went for the menachos (Midrash Tanchuma, Tetzaveh 6).

Olive oil for kindling

Olive oil for kindling is usually refined from inferior oil not considered acceptable for human consumption. Is there any halachic problem with use of this oil for kindling Chanukah lights?

The earliest authority that I found who discusses this issue is the Rashba, in his Toras Habayis (Bayis IV, Shaar I, page 28), the work he wrote, as the title suggests, as a handbook for proper household mitzvah observance. In his discussion about kashrus, he mentions the case where someone discovered a mouse in the oil he had intended to use for food, and whether this oil can now be donated to illuminate a shul. The Rashba compares this to the Talmudic discussion that results from the prophet Malachi’s (1:8) derisive rebuke: “And when they offer a blind animal as an offering, have they perpetrated no evil? And when they offer a lame or sick animal, is this not evil? And if they offered it to their idol, would he accept it or view it favorably?” We see from this verse that it is unacceptable to offer an inferior item in the Beis Hamikdash. The Gemara then derives from this verse that one may not use inferior items for Kiddush or to perform other mitzvos. One should use only quality items for serving Hashem, not items for which one has no other use. The Pri Megadim (Eishel Avraham 154:19) specifically includes the oil one uses for Ner Chanukah under this prohibition.

Regarding our mouse in the cooking oil, the Rashba concludes that if the oil is halachically not kosher, one may not use it to illuminate the shul, similar to the prohibition against use of a sick or otherwise inferior animal as a korban. However, if the oil is halachically permitted to eat, such as when the rodent parts can be filtered out, one may kindle this oil in shul. The rationale appears to be that one is not attempting to pawn off inferior items by using them for a sacred purpose, which is the despicable activity that Malachi decried. When one could use the item for oneself, but chose not to, it is appropriate to use it for a mitzvah.

Other authorities prohibit lighting shul lamps with this contaminated oil, even when it is halachically kosher and one could eat it (Magen Avraham 154:19, quoting several earlier authorities). These authorities contend that serving Hashem with an item that one personally considers disgusting is prohibited.

Based on the above discussion, I have heard people say that one may not use oil that one cannot or would not eat, either because of kashrus concerns or because of health concerns, for Chanukah lights. It is very common to find olive oil sold as “not for human consumption,” or “for kindling only,” either because the solvents or other chemicals used to extract or refine the oil were not food grade, or because this oil was produced from inferior olives or in such a way that the oil tastes bitter, or the oil was prepared in a less than sanitary environment. Are we indeed required to purchase the far more expensive food-grade olive oil for the menorah?

One may argue that, in this case, the oil does not have a disgusting appearance, as opposed to Malachi’s lame and blind animals. The Shulchan Aruch (Orach Chayim 154:12) implies that it is a concern only if the oil appears to be disgusting: If you found a mouse in the oil meant for synagogue use, if it is disgusting, one may not kindle it in the synagogue.

In addition, Malachi’s lame and blind animals would be unable to be worked and therefore may have no suitable use other than being offered as korbanos -– and perhaps this is exactly the prophet’s concern.

Several authorities permitted kindling Chanukah lights with oil that is too bitter for consumption (Ben Ish Chai, Vayeisheiv 12; Kaf Hachayim 673:11). It seems to this author that our case is comparable to their ruling, and that it is permitted to purchase lamp oil for one’s menorah.

Conclusion

Whereas Shabbos and most of our holidays include festivities that we celebrate with the use of wine, on Chanukah, we celebrate the miracle that happened with the olive oil in the Beis Hamikdash. Many of our customs, including the consumption of doughnuts and latkes, are to remind us of the miracle of the oil.

It is interesting to note the many comparisons made between olives and grapes, and this also has halachic overtones. Both vineyards and olive groves are called kerem in Tanach and Mishnaic Hebrew (see Berachos 35a). Wine and olive oil are the only fruit products used in korbanos on the mizbeiach. They are the only liquids whose brocha is not shehakol, but is ha’eitz in the instance of olive oil, and hagefen for wine or grape juice. They both have the halachic distinctiveness of being the only fruit with a Torah requirement of separating terumos and maasros; and they are the only fruits that may be squeezed for their product when they have terumah sanctity.

On the other hand, there is an interesting technical difference between grapes and olives, one with major hashkafic ramifications. Whereas it requires much tending to coax the vine to produce quality wine grapes, the olive tree requires relatively little attention to produce quality olive oil. Once one has chosen the proper site for planting the trees, the main efforts required to produce quality oil are to harvest the olives exactly when they are ready and to crush them immediately without damaging them. Any delay reduces significantly the quality of the oil extracted. This is also reflected in the halacha, which rules that one may harvest and process olives on Chol Hamoed, when work is usually prohibited, because delaying causes major loss (Mishnah, Moed Katan 11b).

The root of the word Chanukah is the same as that of chinuch; both instances include the concept of training or the beginning of performing mitzvos. Thus, the true, correct translation of chinuch is not education, but training. Similar to the grape, some children require constant involvement in their education. If you take your eyes off their chinuch for a moment, they will be in trouble. However, when you attend to them carefully and constantly, they’ll produce high quality wine. Other children resemble the olive. They require less overseeing. Once they are planted correctly, they will do fine if left to grow on their own. This is indeed a manifestation of the other aspect of chinuch/Chanukah. As parents and teachers, it is our task to understand our children and apply the correct approach to maximize the potential of each child. As Mishlei (Proverbs) tells us, chanoch lanaar al pi darko, each child needs to be trained according to his own specific requirements.

May the lights of Chanukah symbolize for us the dedication of our ancestors to guiding their children and students in the way of Torah, and serve as a beacon for us to continue in that mission.

Non-Edible Oils for Lighting the Menorah

How is olive oil produced?

There are approximately seven hundred olive varieties, or cultivars, whose distinctive tastes and aromas are developed and marketed, just as viniculture develops distinctive varieties of fine wine. Specialty olive oil producers have mastered the methods whereby they breed, grow, and produce their oil. The highest quality olive oil is produced by painstakingly harvesting the fruit by hand to assure that it is not damaged, even though this method drives up the cost tremendously. Olives for quality oils are picked and milled within hours, to minimize oxidation and enzymatic reactions, which leave unpleasant tastes and odors in the oil and decrease its taste and fragrant qualities. These bouquet oils, like vintage wines, compete among connoisseurs for their taste. These oils are the Rolls-Royce of the olive industry and are sold privately or in gourmet shops, similar to the way one would acquire vintage wines.

Olives are almost unique among oil sources in that olive oil can be consumed in its crude form without refining. Almost all other edible oils: soy, canola, corn, cottonseed, peanut, palm, etc. require extensive refining using heat and chemicals to make the oil palatable. Furthermore, unrefined olive oil conserves most of its nutrients, whereas refining often destroys them.

What is extra virgin oil, and what is virgin oil?

The oil produced by the methods described above is called virgin or cold-press oil. The term cold press can have many meanings, but in common parlance it refers to oil that is extracted without heating the olives or the use of chemicals. However, one should bear in mind that the term "cold press" actually has no legal meaning. Someone selling refined oil as cold press would be violating an industry standard, but cannot be prosecuted for violating the law. It is also important to note that the term virgin oil has no legal meaning in the United States, although there are many countries in the world where the term has a legal meaning. In those countries, someone selling refined olive oil as virgin oil can be prosecuted for violating the law. However, someone selling refined oil as virgin olive oil in the United States is exempt from prosecution, either civil or criminal.

There are four categories of virgin oil: extra virgin, virgin, ordinary virgin and virgin lamp oil.

Extra virgin oil

Virgin oil is not required to meet as high a standard for taste, but still has a positive taste profile, and contains acid content of up to 2%.

Ordinary virgin oil

Never heard of this? There is a reason why – either its taste is considered inferior or its acid content is greater than 2%. These are the Chevies of the olive industry. Usually, this oil undergoes further processing, which is called refining, to remove the excess acid and make it more palatable, and the resulting product should not be called virgin oil, but should be sold as "refined olive oil" or "olive oil" missing the adjective "virgin." Technically, if the oil is exclusively refined olive oil it may not be sold as "olive oil," but if it is a blend of "refined olive oil" and "ordinary virgin" oil it can be called "olive oil." This is the type of olive oil that is used in canned sardines packed in olive oil.

Virgin lamp oil

In the custom of the world, if someone has bad oil, he kindles it, and his good oil he cooks with. In the ohel moed and the Mikdash, one did not do this. Only the purest oil went for lighting, and the second quality went for the menachos (Midrash Tanchuma, Tetzaveh 6).

Olive oil for kindling

Olive oil for kindling is usually refined from inferior oil not considered acceptable for human consumption. Is there any halachic problem with use of this oil for kindling Chanukah lights?

The earliest source that I found who discusses this issue is the Rashba, in his Toras Habayis (Bayis IV, Shaar I, page 28), the work he wrote, as the title suggests, as a handbook for proper household mitzvah observance. In his discussion about kashrus, he mentions the case where someone discovered a mouse in the oil he had intended to use for food, and whether this oil can now be donated to illuminate a shul. The Rashba compares this to the Talmudic discussion that results from the prophet Malachi’s (1:8) derisive rebuke: “And when they offer a blind animal as an offering, have they perpetrated no evil? And when they offer a lame or sick animal, is this not evil? And if they offered it to their idol, would he accept it or view it favorably?” We see from this verse that it is unacceptable to offer an inferior item in the Beis Hamikdash. The Gemara then derives from this verse that one may not use inferior items for Kiddush or to perform other mitzvos. One should use only quality items for serving Hashem, not items for which one has no other use. The Pri Megadim (Eishel Avraham 154:19) specifically includes the oil one uses for Ner Chanukah under this prohibition.

Returning to our mouse in the cooking oil, the Rashba concludes that if the oil is halachically not kosher, one may not use it to illuminate the shul, similar to the prohibition against use of a sick or otherwise inferior animal as a korban. However, if the oil is halachically permitted to eat, such as when the rodent parts can be filtered out, one may kindle this oil in shul. The rationale appears to be that one is not attempting to pawn off inferior items by using them for a sacred purpose, which is the despicable activity that Malachi decried. When one could use the item for oneself, but chose not to, it is appropriate to use it for a mitzvah.

Other authorities prohibit lighting shul lamps with this contaminated oil even when it is halachically kosher and one could eat it (Magen Avraham 154:19, quoting several earlier authorities). These authorities contend that serving Hashem with an item that one personally considers disgusting is prohibited.

Based on the above discussion, I have heard people say that they use oil that one cannot or would not eat, either because of kashrus concerns or because of health concerns, for Chanukah lights. It is very common to find olive oil sold as “not for human consumption,” or “for kindling only” either because the solvents or other chemicals used to extract or refine the oil are not food grade, because this oil was produced from inferior olives or in a way where the oil tastes bitter, or the oil was not necessarily prepared in the most sanitary environment. Are we indeed required to purchase the far more expensive food-grade olive oil for the menorah?

But we may argue that in this case, the oil does not have a disgusting appearance, as opposed to Malachi’s lame and blind animals. The Shulchan Aruch (Orach Chayim 154:12) implies that it is a concern only if the oil appears to be disgusting: If you found a mouse in the oil meant for synagogue use, if it is disgusting, one may not kindle it in the synagogue.

In addition, Malachi’s lame and blind animals would be unable to be worked and therefore may have no other suitable use other than being offered as korbanos -– and perhaps this is exactly the prophet’s concern.

Olive Oil Expertise

Here’s Rabbi K’s latest article on understanding your Chanukah lighting olive oil options. Click here to see the article.