לעילוי נשמת

יואל אפרים בן אברהם עוזיאל זלצמן ז”ל

Question: We have to leave the house around 15 minutes after Chanukah lighting and plan to return around 10 p.m. Ideally, I would want to extinguish the candles (we light inside) for safety as we leave. Can I do so? Should we light at that time, or is it better to light when we come home?

Answer: The degree to which the presumption of needing a half hour of lighting is correct is central to this question. On the one hand, if the lights go out within this time, it is not necessary to relight them (Shulchan Aruch, Orach Chayim 673:2), which implies that the act of lighting is the important thing, not the light’s longevity. On the other hand, when lighting, we must have enough oil to last a half hour (Shulchan Aruch, Orach Chayim 675:2), and if one lights in a place where the wind will blow it out before the end time, it is like not putting in enough oil (Magen Avraham 673:12; Mishna Berura 673:25). These halachot imply that the time it stays lit is important. The explanation is that the lighting has to be done with the ability to last a half hour, but it is not critical that it actually lasts.

What happens if there was physical potential for half an hour but human intervention after the lighting was done shortens the duration? The Rashba (Shut I, 539) says that if one accidentally extinguished the light early, he does not need to relight it. From here, the poskim diverge: Some (including the Pri Megadim, MZ 673:2; Avnei Nezer Orach Chayim 503; simple reading of the Shulchan Aruch, Orach Chayim 973:2) say that if one purposely extinguished the candles, he needs to relight them. A minority posit that even if one extinguished them purposely, one still fulfills the mitzvah and does not have to relight them (see Sefat Emet, Shabbat 21b). Some understand that while one has to relight them, he might still have fulfilled the mitzvah beforehand—as evidenced by the machmirim (including the Pri Megadim) who say that when relighting, one should not make a bracha (see Minchat Shlomo II, 51).

Some say that while even intentional extinguishing may not uproot retroactively the mitzvah that was ostensibly fulfilled at the time of lighting, it is qualitatively worse when one lit with the intention to extinguish them within the half hour. Minchat Shlomo (ibid.) compares it to one who physically performs a mitzvah but has in mind not to fulfill the mitzvah. Others compare it to not having enough oil (see Divrei Sofrim, Chanukah, page 126). Several grounds upon which to say that one fulfills the mitzvah include the following (see Nitei Gavriel, Chanukah, Shut 1). Not all distinguish based on the original intention; there may be conflicting opinions in the Gemara (Shabbat 21b) on whether there is a minimum time for the candles to be lit, especially if we light inside. These points are particularly important when there are no alternatives (see ibid.).

The point, though, is that you have many potential alternatives. We will start with the more technical: 1) Arrange a “flame-sitter” for the remaining needed time. 2) If (for you to determine) you can safely leave lit candles (at least one), you almost certainly fulfill the mitzvah and, definitely, if they are visible by others. 3) Light the candles outside that night. 4) Light when you come home—in many places, 10 p.m. is valid for lighting candles, due to late traffic nowadays. Even if it is too late for public pirsumei nisa, most poskim (see Mishna Berura 672:11; Living the Halachic Process IV, D-7) allow lighting when you come home with a bracha for people who light inside.

There are clear preferences to lighting at the standard time, for a few reasons, (“Zerizin makdimim …;” opinions that afterwards it is too late; issues with eating before lighting—see Mishna Berura 672:10). However, it is more important to embrace the greater chance to fulfill the mitzvah later than to light at the correct time and plan to extinguish it early. (The halachically creative can contemplate plans of action that include “fancy footwork,” which likely include positive and negative halachic consequences. This is not the proper forum to specify or analyze them.)

Rabbi Mann is a dayan for Eretz Hemdah and a staff member of Yeshiva University’s Gruss Kollel in Israel. He is a senior member of the Eretz Hemdah responder staff, editor of Hemdat Yamim and the author of “Living the Halachic Process Volumes 1 and 2” and “A Glimpse of Greatness.”