Q. Thank you so much for your fast response …On Q. 688, (Chanuka Gelt means a Velt). Why is it not prohibited to give Chanukkah gelt or presents, since after all it is a Chok Hoamim tradition during their holiday?
A. Avnei Yashfe (O.H. 129: 2) addresses this question and he asserts that the prohibition of "not following their edicts" applies, as the Maharik (88) and Remah (Y.D. 178:1) maintain, only to statutes that don't have a valid reason or benefit. As amply explained in answer 688 there are many reasons for Chanuka Gelt. The main one being that Chanuka is a time for joy and happiness, so we also share it with the young ones.
Although that is true of Chanuka gelt, there is no early-established tradition to give gifts. One may argue that the proper present will bestow greater joy and happiness to a child than a few coins. After all a gift is Shove Kesef, and is therefore tantamount to money and should be permitted.
Horav Shlomo Miller's Shlit"a opinion is that it is better to give money to comply with the minhag, but presents are also permitted.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Is there an actual prohibition about deriving any kind of enjoyment from Christmas lights?… What about benefiting from other Christmas things - like, is one allowed to enjoy the holiday music they play over loudspeakers in grocery stores?
A. See last answer, most of the points apply to music as well. However, some of the tunes played during the season on the radio or in commercial malls and stores may actually be the same religious melodies or songs performed in houses of worship and thus prohibited. (Igros Moshe Y. D. 2: 56 and 111, Avnei Yashfei 153: 5, Habais Hayehudi p.268)
Horav Shlomo Miller's Shlit"a opinion is that if you don't have any intent to enjoy or pay attention to them, you may continue with your activities.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Is there an actual prohibition about deriving any kind of enjoyment from Christmas lights? Can one use them for illumination? Can one comment on their beauty?
A. Shulchan Aruch (Y.D. 139: 1) rules that it is prohibited to derive any benefit from anything that is part of an idol, its accompanying adornments or embellishments and the sacrifices or offers dedicated to it. However Christmas lights used for decorating stores or other commercial venues are not in our days an expression of a religion or the symbol of a faith. They are more likely to be used as a business advertiser or a marketing promoter and therefore permitted (Shach Y.D. 142: 32)
Additional considerations to be taken into Halachik account are to what extent are the different factions and sects of Christianity considered Avoda Zarah, and if your common Gentile should be deemed in our times a believer in his nominal faith or more likely an agnostic to it. (Chulin 13b, Ben Ish Chai, Parshas Maasei.) A further factor to take into account is if just benefiting by observing is prohibited or not.
Accordingly enjoying the seasonal lights, commercial displays or the Macy's parade is in principle permitted.
Nonetheless, Horav Shlomo Miller's Shlit"a opinion is that one must always bear in mind what those lights and displays historically represent to our people. We should recall how much persecution and suffering throughout the centuries are imbedded in them, before we decide to enjoy their sight or comment on their beauty.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Someone who always gives Chanukkah gelt to his children and grand children, but this year is away on vacation, does he have to be matir neder? Can he give when he returns after Chanukkah?
A. When exactly did the tradition of distributing Chanuka gelt, D'mei Chanuka or small monetary gifts to children began, is hard to tell. However Derech Sicha (190) mentions that the source for this tradition is the Mogen Avrohom (beginning of 670) who mentions that Chanuka was a special time for collection of Tzdaka for the poor, including their children. He adds that his Father the Steipler Gaon zt"l use to distribute them on the night of the fifth light of Chanuka, since it never coincides with Shabbos. Kaf Hachaim (670: 4) also mentions this tradition.
Otzreinu Hayoshon p. 82, states that it was an ancient Yerushalaim custom for the talmidim of the Talmud Torah to collect on the eight day, for a Zoz Chanuka banquet.
Chidushei Harim (Pneniney Hachasidut p. 49) explains that the source is the posuk (Mishlei 3: 16) "Length of days is in its right hand; in its left hand are riches and honor". The right hand is a reference to the Mezuza, which is placed on the right side as you access an entrance. Since the Torah (in the daily Shema) rewards with a lengthy life the one who upholds this mitzvah, it follows that the mitzvah of the menora, which is placed on the left side, will be compensated with wealth and honor. Hence, the symbolic Chanuka gelt. He further adds, that the mitzvah of the mezuza is primarily an obligation of the inhabitants of the house (chovas hadar), while the menora's purpose is pirsumei nissa or the exposure of the miracle to the street. Normally Parnassah and monetary funds are obtained in the commercial outside world, hence the custom of Chanuka gelt.
Shaarei Halacha Uminhag 283, p. 280) explains that the Yevanim and Hellenists prohibited Torah learning specially by the youngsters. When they were defeated, the teaching of the young restarted. Rambam (H. Teshuva 10: 5) mentions that the beginning of teaching of the young should be encouraged by small monetary gifts.
Yair Neri (p.146) quotes the Avnei Nezer's reason. This is based on the premise that Chanuka's traditions should be similar to the ones of Pesach. On the Seder night we give out of candies, nuts and sweets to children to enhance their interest and keep them awake, so too in Chanuka we enhance and create interest and the necessary Pirsumei Nissa.
Yogel Yaakov (p. 184) provides one more rationale He explains that in regards to a fast day, the Talmud (Brachot 6b) avers that; the reward for a fast day is the tzdaka given to the poor. Since there was a saving of monies by the abstention of eating. Those saved food funds should be donated to the needy. By the same token, since on Chanuka the miracle provided a saving of oil, those funds are now symbolically given to children.
Horav Shlomo Miller's Shlit"a opinion is that, although many reasons are given for Chanuka gelt, it is only a custom and not a mitzvah, therefore there is no need for Hatoras Nedarim. The monies could be given on Chanuka via an agent or in need after the festivity
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit".
Q. Shulchan Aruch mentions that if you sing during the meals of Chanukkah shirot and praise tunes, the meal becomes a seudat mitzvah. How many songs do you have to sing? If you don't sing but say a dvar Torah, or learn from a sefer when eating alone, does that count?
A. Indeed Shulachan Aruch (O.H. 670: 2) mentions that the meals one eats during Chanuka are considered only a Seudas Hareshus or discretionary and optional act. Remo (ibid.) maintains that if one sings or recites praises to Hashem they became a mitzvah banquet. Mishna Berura (ibid.9) quotes from Maharshal that a seuda eaten with the intention of honoring Hashem for the miracles of Chanuka, or for publicizing those historical miracles is deemed to be a Seudas Mitzva. Therefore as long as one mentions either by a single praise, song or a Chanuka dedicated D'var Torah the intention of the repast, it becomes a Seudas Mitzva.
Horav Shlomo Miller Shlit"a added that even a meal that you always eat at that time, will accordingly turn into a Mitzva feast.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Could you add a few drops of aromatic oils to the Chanuka lights? (Would this be a hidur mitzvah or a greater persumei ness?)
A. Some contemporary Poskim have expressed their opinions in regards to using aromatic oils for Chanuka lights. Yalkut Yosef (O.H. 13 – Moadim p. 680) depends this question on the reason why we are not supposed to derive benefit from Chanuka lights. One reason mentioned in Talmud (Shabbos 22b) is to avoid making the mitzvos undignified by drawing personal pleasure or utility from them (Bizui Mitzva.) He argues that this reason would not apply in our case. However, if the grounds are to make it comparable to the lights of the Bais Hamikdosh (Rashi ibid.) it would apply and one would not be allowed the smell of the aromatic oils. He does not express a definitive ruling.
On the other extreme Bris Halevy (Rav Machfud - p. 357) permits the use of aromatic oils for Chanuka lights, even if his intention is to derive pleasure from the aroma.
Birchas Reuven Shlomo (Rav Shlesinger – 63) rules that it depends if his intention at the time of lighting with aromatic oil was to derive pleasure from the aroma, it is prohibited. However, if he used that oil simply because he did not have any other available, it is permitted.
Horav Shlomo Miller's Shlit"a opinion is similar to what he expressed in the previous question in regards to flame coloring additives. That is, the olive oil should resemble as much as possible, the one used in the Bais Hamikdosh. If it was nonetheless used, he also prohibits the intentional benefit from the fragrant aroma. However, he permits it, if the shamah light is also equally aromatic.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
Q. Dear Rabbi, I teach sciences in a frum school. I was teaching about the way you can create a variety of colors in flames by adding different chemicals to the fuel. One of my students was wondering if you are permitted to add them to the oil or the candles of Chanuka. Since the effect is quite attractive and striking, would this be a hidur mitzvah or a greater persumei ness?
A. Remah (O.H. 673: 1) rules that one should light preferably with olive oil. Mishna Berura (ibid. 4) quotes Mahari Brin (or Bruna) and the Maharal, and explains that the reason is since the miracle of Chanukah occurred with the traditional olive oil used in the menorah of the Bais Hamikdosh, the mitzvah of lighting the candles should resemble the original as much as possible. Eliahu Rabbah (ibid. 2) maintains that this applies even when the olive oil is costly, although other Poskim disagree. Therefore Horav Shlomo Miller's Shlit"a opinion is that although the lighting would be acceptable if the flame coloring additives mentioned were to be added, it is preferable to use the most pure olive oil available.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Let us say, a guy is alone in a desert, without the necessary implements to make and light candles on Chanukah, and obviously will not see the lit Chanukah candles of another, does he make a Birkas Shehecheyanu on the Yom Tov of Chanukah itself?
A. Meiri (Shabbos 22b) writes that if someone lacks with what to light and will not see a Chanuka candle either, he should recite Sheasa Nisim every night and Shecheyanu the first night. Mishna Berura and in Biur Halacha (692: 1) quotes different opinions in regards to one who does not have a Megilla, if he should say Shecheyanu on the day itself. The issue seems to remain unresolved.
Sdei Chemed (M. Chanuka 9: 3) quotes that Horav Shlomo Cohen zt'l from Vilna wondered, why we don't find that on Chanuka and Purim that "Zman Omro Bashuk" or to recite Shecheyanu for the sake of the day itself. He explains that since these two festivities lack kedusha and normal work is permitted on them, we don't recite Shecheyanu. Meoros Nossan (60) mentions that Zera Emes (960 maintains that it is a brocho on the day, while Pri Chodosh (676: 1) and Pri Megodim (676; M.Z.: 2) disagree.
Horav Shlomo Miller's Shlit"a opinion is that when in doubt we do not recite Shecheyanu. Preferably, he can recite the brocho on acquiring a new significant item or fruit (when applicable) and have in mind Chanuka.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Can you use oil for Chanuka lighting that was left uncovered overnight?
Horav Shlomo Miller's Shlit'a opinion is that it is permitted for a number of reasons. Firstly Poskim disagree whether in our days we should discard certain liquids that were left uncovered or Mashkim Megulim. The main reason for their prohibition is the possibility of their contamination by poisonous snakes (Avoda Zara 30a, Chulin 9b) and since that rarely occurs in our populated cities, we are lenient (Shulchan Aruch Y.D. 116:1, Mishna Berura 160: 23.) However, some Poskim do remain stringent (Pri Chodosh and Pri Toar, quoted by Birkei Yosef and Aruch ha-Shulchan Y.D. 116:1.) It is important to know that when Mashkim Megulim are prohibited they are even when left uncovered and unsupervised for a short time, not only overnight.
Poskim also differ if prohibited or non-kosher oil can be used for Chanuka lights and many are lenient (Sdei Chemed – M. Chanuka 14, Kaf Hachaim 673: 11, Beis Shlomo O.H. 10: 108).
However the main reason that oil left uncovered is undoubtedly permitted is that there is no Mashkim Megulim issue on oil, since snakes don't drink from it (Chulin 49b, Bais Yosef Y.D. 116, Yemei Chanuka p. 71)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Can you use for placing the menorah oil, small shot glasses that will be later used for liquor, which were not immersed in a Mikva yet?
A. Horav Shlomo Miller's Shlit'a opinion is that this is permitted since you are allowed to use utensils that have not been immersed in a mikva for general, non-food consumption purposes. (It is recommended not to leave non-immersed utensils for an extended time as one may forget and use them).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Is there any prohibition in swapping seasonal gifts that co-workers (mostly Gentiles) give to each other at a years end party?
A. Horav Shlomo Miller's Shlit"a opinion is that if the gifts being exchanged are not prohibited in benefit (such as religious articles from other faiths,) they can be swapped.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. If you forget after December the 4th (to recite Tal Umotor) and the sidur instructs that you should say it at shma kolenu, where do you say it and what are the words you have to mention?
A. He should say Vesen Tal Umatar at the end of Shomea Tefila before Ki Ata Shomea Tefilas etc. (Mishna Berura 117: 16).
Shulchan Aruch (end of s. 117), Mishna Berura (ibid.) and many Poskim mention only Vesen Tal Umatar only, but it could be only an short form and the word Lebracha is included (Piskey Teshuvos ibid. n. 53.) Others outright add the word Lebracha (Kaf Hachaim 117: 37, Kitzur Shulcha Aruch 7.) However, Aruch Hashulchan (117: 6) and Shulchan Shlomo (117: 4) add also Al Pnei Haadama. Horav Shlomo Miller's Shlit"a opinion is to include this complete last sentence.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
Q. What happens when an Israeli visits chutz la'aretz does he stop saying tal umotor while here?
A. Poskim differ in their opinions. Most maintain that once he had already begun reciting Tal Umatar while still in Eretz Yisroel (he left after the seventh of Marchesvan) he should continue in Chutz Laaretz. (Birkei Yosef 117: 6, Yom Tov Sheni Kechilchoso 10: n. 12, Tzitz Eliezer 6: 38, Betzel Hachochmo 1: 62, Ishei Yisroel 23: 38, et. al.)
However, if he plans to settle or remain in Chutz Laaretz for an extended period of more than a year, Ishey Yisroel (ibid.) avers that he should stop saying Tal Umatar until the day 60 after the Tekufa. Nevertheless, Piskey Teshuvos (2: p. 876) asserts that if his family remains in Israel, even if he lives for an extended period he should continue reciting Tal Umatar in Shomea Tefila, until the day everyone else begins reciting in Birchas Hashonim.
Horav Shlomo Miller's Shlit"a opinion is similar.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
Q. When I traveled recently to Eretz Yisroel I said Tal umotor librocho in Shemoneesre like everyone else… Was I to continue the same when I came back, since it was still before December 4?
A. Poskim disagree as to what to do if one returns to Chutz Laaretz before the 60th day after the Tekufa of Tishrei. Some rule that he should stop reciting altogether Tal Umatar. (Divrei Yatziv 1: 68, Sharaga Hameir 7: 148, Minchas Yitzchak 10: 9)
Others maintain that he should continue mentioning Tal Umatar in Shomea Tefila.(Yechave Daas 1: 73).
Horav Shlomo Miller Shlit"a agrees with this last opinion.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. When I traveled recently to Eretz Yisroel, I said Tal umotor librocho in Shemoneesre like everyone else. Was that correct?
A. Poskim disagree in regards to the mention of Tal Umatar for someone residing outside of Eretz Yisroel who visits there temporarily. (Mishna Berura 117: 5) There are a number of variant scenarios to this question. If one traveled there after the seventh of Marcheshvan and plans to stay in Israel until after the day when we begin saying Tal Umatar in Chutz La'aretz, (December 4 or 5, or day 60th. After the beginning of the Tekufa of Tishrei) most Poskim agree that he should recite Tal Umatar like everyone else in Birchat Hashanim. The reason is that he is now in a place that requires rain and even more so if his place of permanent residence also requires rain. (Betzel Hachochmo 1: 62, Divrei Yatziv 1: 68, Ishei Yisroel 23: 37 et. al.) However, if he was planning to return before that day, some Poskim maintain that he should mention Tal Umatar only in the bracha of Shomea Tefila (Yom Tov Sheni Kehilchoso 10: 23, Teshuvos Vehanhogos 2: 55, Beer Moshe). Some opine that in this last case, (arriving in Israel after the seventh of Marcheshvan and departing before the 60th after the Tekufa of Tishrei) he is not required to mention Tal Umatar even on Shomea Tefila (See Piskey Teshuvos O.H. 117, n. 26).
Horav Shlomo Miller's Shlit'a opinion is that in all the above mentioned cases, he should recite Tal Umatar only in Shomea Tefila.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Does one have to be careful when walking down a street on Shabbos to not activate motion sensor lights? I would have to remember to cross the street to avoid one.
A. Shemiras Shabbos Kehilchoso (23: 53) quoting Yesodei Yishurun (5: p. 160) prohibits entering through an automatic door operated by a sensor. A light likewise turned on would be similar. However when there is already enough light in the street and the additional one being activated by the sensor is unnecessary, it becomes a case of Pesik Reisho Delo Nicho Lei or a sure consequential act that provides no benefit, which Poskim permit when it is not intentional. Some Poskim would permit walking by the sensor even when the light provides benefit, if one closes the eyes (39 Melochos p. 1215.)
Horav Shlomo Miller's Shlit"a opinion is that one should try to avoid activating the sensor when possible and to cross over to the other side of the street. When that is not an option it is permitted, if it is unintentional.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
Q. I'm doing my medical internship and I stay in the hospital overnight some days a week… Since I'm not married and I room alone, and I have an Internet security hook up with my residence, so I can turn on and off lights with a phone call. Can I make a brocho if I set my Menorah before and I turn it on by remote control?
A. Horav Shlomo Miller's Shlit"a opinion is not to recite a blessing via a remote controlled kindling, even if the menorah would fulfill all requirements (see prior question.) The reason being is that when one is not actually present there, it constitutes a deficient act of "Hadlaka" or lighting.
Although there are opinions that the blind light the menorah and recite a brocho even though they cannot see and enjoy the light (See Mogen Avrohom 675: 4, Maharshal 66.) The reason, as explained by the Aruch Hashulchan (O.H. 263: 9) and others is that the main mitzvah of Chanuka lighting is not enjoying and benefiting from the candles. This, as opposed to Shabbos candles, is actually prohibited in Chanuka candles. The main Mitzva and object of the Chanuka candles, is Pirsumei Nisah or the publicizing of the miracle, which could be achieved even by the kindling of the blind. Lighting via remote control, although Halachicaly it would be attributed to the one pushing the buttons, lacks Pirsumei Nisah.
Horav Shlomo Miller Shlit"a would recommend that you light a proper menorah in your car. Eat and stay there, to safely maintain the flames for at least a half an hour. (As explained in question 418 in this forum).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I'm doing my medical internship and I stay in the hospital overnight some days a week. Can I use a sodium battery powered lamp (sometimes used for medical examinations) for Chanuka lights? How about a Halogen light?
A. In question 667 of this forum we mentioned that in regards to electric lights Beis Yitzchok (Y.D. 1: 120) opines that they could be used instead of Shabbos candles but not as Chanuka lights since they lack pirsumey nissah. Poskim offer other reasons why electric lights do not qualify. One being that there is no actual fuel present at the time of lightning; it is constantly being generated at the power stations (Pekudas Elozor O.H. 23, Shmiras Shabbos Kechilchoso 43 n.22, et. al.) Accordingly they would permit the use of a battery powered incandescent light bulb. However, some Poskim do not regard the tungsten filament as a wick (Maharshag 2: 107, Levushey Mordechai 3: 59). Most Poskim would not sanction the commonly used fluorescent and LED lights for Chanuka use.
Lehoros Nossan (11: 17) permits battery powered incandescent lights when in need and no other option is available, such as one hospitalized. Nitey Gavriel (Chanuk,a Teshuva 1) quotes Be'er Moshe's opinion, that one should light the incandescent light without a brocho.
Horav Shlomo Miller's Shlit"a opinion is also not to recite a brocho even on battery powered incandescent light.
The monochromatic yellow sodium lamp works by creating an electric arc through vaporized sodium metal. Although this lamp also contains a glowing filament, the focal light emanates from the vaporized sodium; therefore they are similar to fluorescents lights mentioned above.
Halogen lights are basically pressurized incandescent lamps, and the glowing filament provides the illumination.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
Q. Is it true that you are not allowed to visit a sick person during the first three days of his illness? Why?
A. Shulchan Aruch (Y.D. 335:1) rules that close family members and friends visit the sick immediately, while others wait until three days have passed. Taz (ibid. 1) quotes Bach who explains that the reason is not to worsen the chole's mazal. We don't want to label him yet as a sick person, since he may just get well rapidly. The Talmud (Nedarim 40a) relates that Rabba would on the first day of illness refrain from telling anyone, so his mazal should not worsen. After three days have passed there is already an established chazaka status of being a choleh and should be visited by all.
However, if stricken with a severe life threatening illness and there is concern that he may pass away shortly, one can visit immediately when visiting is medically allowed. (Shulchan Aruch ibid.) The above also does not apply to people living in the same house. (See Rambam H. Avel 14: 5)
Horav Shlomo Miller Shlit"a stressed that even on the first three days there is no real visiting prohibition, it is more analogous to being a custom and if the sick will benefit from the visit it is permitted.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Important Numbers
