Photo Credit: Jewish Press

There is a dispute as to the nature of the obligation to light Chanukah candles. It is clear that the candles must be lit in a house. What is not clear is if an individual is obligated to light candles even if he does not have a house. Must he rent a house or be invited as a guest somewhere? Or can he just not light?

The Gemara (Shabbos 21b) states that the mitzvah to light Chanukah candles applies to a man “u’beiso.” The word “beiso” literally means “house.” This may mean that the obligation only falls on those who are in a house on Chanukah.

Advertisement




The Rambam (Hilchos Chanukah 4:1) writes that the mitzvah is to have a candle lit in each house. This would indicate that if a person does not have a house he is exempt from the mitzvah.

The Chachamim instituted that one who sees Chanukah candles and does not intend on lighting himself should recite the berachah of she’asa nisim. Tosafos (Sukkah 46a) asks why the Chachamim didn’t require this berachah for any other mitzvah. One of Tosafos’s answers is that the mitzvah of Chanukah candles requires having a house. Since many people do not have a house, a separate berachah was mandated to include them in the mitzvah. Other mitzvos, in contrast, do not require having a house – anyone can fulfill them – so no separate berachah was mandated.

Tosafos adds, however, that this answer is insufficient because it doesn’t explain why no berachah was required for someone who sees a mezuzah but doesn’t own a house.

It is clear that Tosafos maintains that only someone who lives in a house must light Chanukah candles. That’s why Tosafos remains troubled by the fact that no berachah exists for someone who sees a mezuzah but doesn’t own a house. Otherwise, Tosafos could have simply differentiated between the two mitzvos and said that a berachah was only required for seeing Chanukah lights because everyone is obligated to fulfill the mitzvah but not everyone can because not everyone has a house. Since Tosafos does not make this argument, he clearly believes that only someone who has a house must light Chanukah candles.

There is an indication from a halacha in the Rambam that the obligation to light Chanukah candles applies to everyone, even one who does not have a house. The Rambam writes (Hilchos Berachos 11:2,3) that there are certain biblical mitzvos that every male is obligated to perform, such as tefillin, lulav, and shofar. Then there are biblical mitzvos that are not obligatory like mezuzah, and maika (building a fence around a roof). A person is not obligated to have a house in order to affix a mezuzah or build a maika.

In the following halacha, the Rambam writes that rabbinical mitzvos can also be divided into the same two categories. There are mitzvos that a person must perform like reading the Megilla, and lighting Shabbos and Chanukah candles. And there are mitzvos that are voluntary like making an eiruv and washing one’s hands.

The Rambam lists Chanukah as a mitzvah that is obligatory. In other words, a person has to ensure that he can fulfill the mitzvah of Chanukah. Someone who does not have a house has to rent one or become a guest somewhere so that he can fulfill the mitzvah. The mitzvah of Chanukah requires that the candles must be lit in a house. If a person does not have a house, he has to go to one in order to fulfill the mitzvah.

There is a famous story told of a Jewish soldier who fought in the Revolutionary War with General George Washington. It was Chanukah time and the revolutionaries were loosing the battle at Valley Forge. A Jewish soldier went to the side of the camp and lit a menorah by a bush. George Washington noticed a flame and went to confront the soldier who was seemingly signaling the enemy. The soldier explained the story of Chanukah to George Washington, and Washington allegedly became inspired and ultimately led his troops to victory.

Based on the discussion above, the soldier should not have lit candles out in a camp by a bush. As previously mentioned, Chanukah candles are required to be lit in a house.

Advertisement

SHARE
Previous articleA Chanukah Party
Next articleHashem Fights Our Wars
Rabbi Fuchs learned in Yeshivas Toras Moshe, where he became a close talmid of Rav Michel Shurkin, shlit”a. While he was there he received semicha from Rav Zalman Nechemia Goldberg, shlit”a. He then learned in Mirrer Yeshiva in Brooklyn, and became a close talmid of Rav Shmuel Berenbaum, zt”l. Rabbi Fuchs received semicha from the Mirrer Yeshiva as well. After Rav Shmuel’s petira Rabbi Fuchs learned in Bais Hatalmud Kollel for six years. He is currently a Shoel Umaishiv in Yeshivas Beis Meir in Lakewood, and a Torah editor and weekly columnist at The Jewish Press.