Question: If one goes away and does not sleep in his house for one or two nights of Chanukah, must he ask a neighbor to light neiros Chanukah in his house on the nights he is away?
Short Answer: Nowadays, when we light indoors, he does not need to ask a neighbor to light in his house. In places where they light outdoors, such as in Israel, there is a dispute among the poskim whether he needs to appoint a neighbor or friend to light in his house the nights that he is away. The majority opinion is that he does not need to ask a neighbor to light for him.
I. Guests and the Taz
The Shulchan Aruch (Orach Chayim 677:1) discusses where a guest should light neiros Chanukah when he sleeps in his own room with its own entranceway, such as a basement, but eats with the host in the dining room. The Rama writes that nowadays, when we are lighting indoors and pirsumei nisa is for those indoors, the guest may light at the dining room table.
The Taz (677:2) comments that the Rama is only talking about a guest who is sleeping in his host’s house. A guest who merely eats at his host’s house but goes to his own house to sleep should light in his own house. The Taz adds that even though a guest may light at the host’s house, that is only when he sleeps there for that night.
The Taz implies that eating and sleeping, even for one night, in someone else’s house entitles the guest to light in his host’s house for that night and he does not need to have someone light in his own house that night.
II. The Famous Pri Chadash
The Pri Chadash (Orach Chayim 677:1), however, writes that a son and his entire family who go to sleep and eat at his parents’ house for all eight days of Chanukah should light in his parents’ house. This is true regardless of whether the son will eat some meals in his own house during Chanukah. Since there is no one remaining in his own house, for whom would he be lighting, especially nowadays where the pirsumei nisa is for the people in the house? The Pri Chadash concludes by noting that this case is different from the Gemara’s requirement that a person light by all his entranceways lest someone suspect him of not lighting, as here there is no one left in the house to suspect him. This Pri Chadash is codified by the Biur Halachah (Orach Chayim 677:1, s.v. b’makom).
The Pri Chadash is interesting because he appears to disagree with the Taz by assuming that only a person who travels away from his house (i.e., sleeps out of his house) for all eight days is entitled to light with his hosts and not at his own house.
III. The Ruling of Rav Y.S. Elyashiv
Rav Yosef Shalom Elyashiv zt”l (cited in Sh’vus Yitzchak, Chanukah, p. 107) follows this Pri Chadash. Rav Elyashiv initially writes that the Pri Chadash is confusing to understand, as he first appears to write that even when the lighting was done outside as pirsumei nisa for those outside, one should light at his host’s, as “there is no one home in his own house to light for.” The Pri Chadash then discusses that the guest should certainly light at his host nowadays when we light inside, as his whole family is in the host’s house.
Rav Elyashiv, based on the Chayei Adam’s understanding of the Pri Chadash, reconciles these two statements by setting forth a fundamental principle with respect to neiros Chanukah. When the lighting is done outside, the lighting is a din in the house. When lighting is done inside, the lighting is a din in the person. Wherever he sleeps, he lights.
Based on the above, Rav Elyashiv rules that in places where lighting is done outside, such as in Israel, a guest who is away for a day or two would need to appoint a shaliach to light in his house for him, lest others think that he is not lighting. However, this is only if the guest is home for most of Chanukah (i.e., more than four nights). If he is away for most of Chanukah, there is no need to get a shaliach to light in his home for the nights he is away, as he has changed his residence to his host. In places where lighting is done inside, a guest, even if only away for one night, would not need to appoint a shaliach to light in his own house, as the house is empty.
To address the contrary ruling of the Taz, Rav Elyashiv explains that the Taz and the Pri Chadash do not disagree. The Taz is merely holding that, in a place where they light outside and the guest is away for only one night, the guest may also light in the host’s house. But certainly the guest would need to have a neighbor light in his own home.
IV. Many Dissenting Poskim
Many poskim disagree with Rav Elyashiv. The Chazon Ish and Rav Chaim Kanievsky zt”l (cited in Sh’vus Yitzchak, ibid.) hold that a guest needs only to light in his host’s house, even if he lights outside and the guest is only away for one night.
Rav Shlomo Zalman Auerbach zt”l (Halichos Shlomo 14:18) likewise rules that a guest need only light in his host’s house. He explains that “eight days” in the Pri Chadash is merely descriptive of typical travel patterns then and not literal.
Rav Moshe Sternbuch (T’shuvos V’Hanhagos 1:391) writes similarly. The Igros Moshe (Yoreh Dei’ah 3:14:5) rules that a guest who is away for one night may light at his host’s house and need not light in his own house. There is no issue of chashad because he is not sleeping there that night.
V. Practical Application
The sefer Mar’eh Davar (3:36) writes that one should rely on the majority of poskim who disagree with Rav Elyashiv. He criticizes new practices developed solely to avoid Rav Elyashiv’s opinion.
The sefer Oran Shel Chachamim (Vol. 1, p. 147) writes that one should not be choshesh for the opinion of Rav Elyashiv, as it may create halachic problems such as brachah l’vatalah.
VI. Final Word
T’shuvos V’Hanhagos (6:160), despite his earlier ruling, cites a case where one should appoint a shaliach to light in his house: If a person leaves before plag haMinchah to fly somewhere and will not be in a house until the next night, he should appoint a shaliach to light in his house.
Rabbi Ephraim Glatt, Esq. is the Associate Rabbi at the Young Israel of Kew Gardens Hills, and he is a Partner at McGrail & Bensinger LLP, specializing in commercial litigation. Questions? Comments? Email This email address is being protected from spambots. You need JavaScript enabled to view it..