Q&A: Enhancement in Hanukkah Candles
Enhancement in Hanukkah Candles
Question
Honorable Rabbi,
In column 430, the ruling of the later authorities was cited that it is preferable to enhance the commandment through the number of candles rather than through the quality of the oil, and the Rabbi wrote to disagree with this on the basis of the Brisker Rav’s words and the plain sense of the Talmud and Rabbenu Chananel.
Seemingly, one could distinguish between the law as it appears in the Talmud and the practical halakhic ruling, for even if we grant the Brisker Rav’s view, one could still say that since all Israel has adopted the enhancement of the number of candles as a practice (and this is evident from the words of the author of the Shulchan Arukh), this becomes an obligation on the person, similar to what Rabbi Chaim Brisker analyzed (Prayer 10:6): whether according to the Rif and those who follow him, the Jewish people accepted the evening prayer as an obligation in the object itself or as an obligation on the person, and he concluded that Maimonides held like the second side. Something similar was written in the responsa of Rabbi Akiva Eiger (first edition, siman 1) regarding women and certain positive commandments that are time-bound. And similarly, the Chatam Sofer wrote (Yoreh De’ah 107) that custom generates a Torah-level obligation on the person to observe it. Seemingly, one could very well say the same in our case, and that would resolve the Rabbi’s objection to the ruling of the later authorities.
Happy Hanukkah!
Answer
With oil too, almost all of Israel has adopted the practice of enhancing it—though not literally everyone, but it seems to me that most observant Jews light with olive oil.
Beyond that, it is not reasonable that a custom creates a Torah-level obligation. Therefore, “This is my God,” assuming it is Torah-level (in the comments they mentioned that there is a dispute about this), is preferable.
Discussion on Answer
It also seems worth noting that today stores sell paraffin candles https://www.zap.co.il/models.aspx?sog=g-judaica&db417779=1190328&db417772=6349550, so it is hard to say sweepingly that this is a custom accepted by all the Jewish people (as with the evening prayer according to some of the medieval authorities). (I do not know whether the reality on this matter was different in earlier generations.)
Seemingly one can still distinguish along the lines of the later authorities mentioned above, and even if there is no Torah-level obligation, still an absolute obligation to enhance in this way takes effect. Regarding lighting with oil, there is room to distinguish based on the fact that Maimonides mentioned the law of enhancement in only two sets of laws (Lulav 7:6; Torah Scroll 7:4), and both deal with the actual substance of performing the commandment and not with the degree of beauty of the act (this was noted by Mishnat Yaakov there, Torah Scroll), and only elsewhere did he write (Forbidden Altars 7:11): “One who wishes to refine himself should compel his evil inclination and open his hand generously and bring his offering from the finest and choicest…”. It requires examination whether Maimonides means that there is no obligation at all in such a case, but in any event, even if we say that it is an obligation, one could say that it is a subjective obligation dependent on a person’s ability (and indeed Maimonides’ wording refers to a particular person: “one who wishes…” — based on this, one can resolve what Bikkurei Yaakov asked (Orach Chayim 656): why did Maimonides omit the rule of “up to one-third for enhancement,” for this is a relative obligation dependent on one’s ability to fulfill it), and if so, in a case where the two enhancements stand against one another, one could say, as the later authorities did, that the absolute obligation should be preferred (because the Jewish people have adopted this practice).
Thank you very much