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By Rabbi Ariel Ovadia
On the House
Unlike most other Mitzvot – which are incumbent upon the individual – the consensus of the Poskim is that the Mitzva of lighting Hanukkah candles is defined as a “Hovat HaBayit”, an obligation upon the “house”, as the Gemara in Shabbat 21b states: “ner ‘ish u’veto” – a candle per person and their household [1]. There are many implications to this classification. On the most basic level, this means that a homeless person would not be required to light Hanukkah candles (although he may still make a Beracha upon seeing other people’s candles), because the house is what creates the obligation of lighting Hanukkah candles, not merely the means through which the Mitzva is fulfilled [2].
Accordingly, the Gemara rules [3] that an achsenai – a guest – who has no one lighting for him in his own home [4], cannot fulfill the Mitzvah of lighting Hanukkah candles in his host’s home, rather, he must join with the host in fulfilling the household’s obligation by paying a symbolic amount (“p’rite”) for a partnership in the oil.
The Generous Host
The Ginat Veradim (R. Avraham HaLevi; Egypt, 17th century) [5] writes that only a paid guest is obligated to join in by paying a symbolic amount, however, a guest who is hosted for free, does not have to pay for the oil. He reasons, that just as the host gives the guest food, drinks and accommodations with generosity and goodwill, so too he automatically includes him in his lighting. The Kaf HaHayim [6] suggests that it is still better for the guest to pick up the host’s oil, thus making an official kinyan (acquisition) and becoming a partner in the Hanukkah candles.
The Ohr L’Tziyon [7] writes that the general custom is to rely on a simple statement from the host that he is sharing the oil with his guests, especially when visiting parents and close relatives. However, he concludes that it is better to give a symbolic amount regardless, because many Poskim disagree with Ginat Veradim and require even a free guest to join through a symbolic amount [8].
Who is a Guest?
We must now determine: when and how does one earn the status of a guest? And, when and how does one’s primary home lose its primacy? We will examine a few common scenarios and hope to clarify the proper way to act according to the Poskim. [Bear in mind, that there are many different views and possible variations that may impact the Halacha in each case, and one should preferably consult with a competent Posek in each scenario.]
The Duration of the Stay
The P’ri Hadash (R. Hezkia De Silva; Livorno, 17th century), when discussing the laws of achsenai, uses the example of one who leaves their house for the entire duration of Hanukkah. The Be’ur Halacha [9] and others seem to maintain, that if one only leaves his house for Shabbat or for a day or two, he is still primarily considered a resident of his own home and must try to have an emissary light on his behalf in his primary home (or light himself, when possible [10]). If that is not possible, then he may join the host with p’rite.
Some Poskim [11] distinguish between a parents’ or in-laws’ home – in which the guest is like a member of the household, and earns the status of a guest more easily – and between being hosted by friends or strangers. Still, Hacham Ovadia Yosef, the Ohr L’Tziyon, and many more Poskim rule that whenever one will be staying at anyone’s home, even if it is only for a day or two, they must join their host and not light in their home [12]
Home Advantage
Regardless, if one hasn’t left his home yet and the time for the Hadlaka has arrived, according to most Poskim one must light in their own home with a Beracha. According to the Ohr L’Tziyon [13] this is true even if he will be leaving immediately after lighting. However, it is preferable to wait around the home for a half hour until the main time of the Mitzva is over [14]. If one will be arriving at the host’s home in time for the candle lighting, then he may join his lighting with p’rite. This can happen when one is going for Shabbat to his parents and arrives in time for the Hadlaka. The Poskim strongly recommend to avoid a situation in which one would still be on the road at the time of the Hadlaka [15].
Bed or Breakfast?
There seems to be a disagreement between Maran and the Rama as to the defining factor of a guest. It seems that according to Maran, it all depends on where one sleeps, whereas the Rama seems to maintain that the place where one eats is considered his home for the purpose of Hanukkah. Thus, it would seem that according to the Rama, if one eats at a Hanukkah party at his friend’s home and returns to sleep in his own home – then he must light where he eats! However, the Taz [15] undoes this notion – as do many Aharonim – and states that in such an instance, even the Rama would agree that we follow one’s primary home. A possible outcome of this discussion however may arise in a case where one eats in one place and sleeps in another. It would seem that according to Maran one would light where he will be sleeping.
Motza’e Shabbat
A very tricky scenario would be a guest who stayed for Shabbat and is planning to return on Motza’e Shabbat. The Emet L’Yaakov [Rav Yaakov Kamenetzky] reasons, that because he is already established as a guest, and he is at the hosts at the proper time of lighting on Motza’e Shabbat, therefore he may join with their lighting. However, Hacham Ovadia Yosef and others argue [16] and maintain that one should light when he gets home, even if that is late at night. The Ohr L’Tziyon suggests avoiding this issue by trying to arrange to stay at the hosts for Motza’e Shabbat as well – when possible.
There are countless more scenarios and discussions pertaining to this Halacha, and we hope that we were able to introduce the reader to some of the intricacies and practical applications of the law. To reiterate, a consultation with a competent Posek for specific scenarios is highly recommended. I wish all our readers a happy and safe Hanukkah!
Sources:
[1]כן דייק הפנ”י שם, וכ”מ מלשון הרמב”ם פ”ד מחומ”ג ה”א וכן הסכימו הרבה אחרונים. [2]ע’ מנח”ש תנינא סי’ נ”ח אות א’ שהביא כמה נפ”מ בזה. [3] שבת כ”ג ע”א, ובמנח”ש שם דייק מהגר”א דהיינו טעמא דאכסנאי. ומהר”ן שם משמע דאדרבה מאכסנאי מוכח שהיא גם חובת גברא. 4]] או”ח סי’ תרע”ז ס”א [5] קונטרס גן המלך סי’ מ”א, וכ”כ ביד אהרן והשלחן גבוה אות ב’. [6] כה”ח [7] ח”ד פמ”ז אות ג’ [8] פר”ח, פמ”ג ועוד, וע”ע ביה”ל ד”ה לתת ושעה”צ אות י”ט [9] ד”ה במקום שאוכל [10] בה”ל שם, דמצוה בו יותר מבשלוחו [11] קובץ הלכות, לגר”ש קמינצקי שליט”א [12] ואפשר דכוונת הפר”ח היא לאפוקי מחשד כשלא מדליק בביתו, ע’ בה”ל וקובץ הלכות [13] אורל”צ פמ”ז אות ד’ נוקט כן להלכה. [14] מרן החבי”ף בס’ מל”ח סי’ כ”ח אות ל’, דאם עוזב מיד איכא סב”ל. [15] סק”ב [16] חובת הדר ואורל”צ.