Question: Are women permitted to fry latkes while the candles are burning?
Short Answer: According to many poskim, cooking while the candles are burning is permitted, while some poskim are strict and suggest that women should refrain from cooking during the first half hour that the candles are burning.
Explanation:
I. The Source
The Maharil (cited in the Bach 670) cites the minhag for men not to work while the Chanukah candles are burning. He also cites that some have the minhag also not to work the entire first and eighth day of Chanukah. The Bach supports this minhag, based on the name “Chanukah,” which stands for “they rested” on the 25th of Kislev. The Bach further explains that this is based on the N’siim, who made a yom tov when they brought their korbanos during the Chanukas HaMizbei’ach.
The Tur (Orach Chayim 670), however, only cites the minhag for women not to perform work while the candles are burning. He then cites the minhag for women not to perform work all eight days of Chanukah. The Tur rules that one should not discourage them, as we are not lenient on things for which others are careful (“d’varim ha’mutarim, v’acheirim nahagu bahen issur”). The Beis Yosef (ibid) suggests that the reason for this minhag is so that the women are careful not to benefit from the light of the candles during the work. The Beis Yosef himself challenges the source of this minhag. [For further reading on this issue, see Tiferes Efraim, siman 63.]
It thus appears that there is a dispute whether there is a minhag to refrain from work the entire Chanukah, just the first and last days, just while the candles are burning, or not at all. There is also a dispute whether this minhag is only for women or even for men. The poskim likewise dispute the reason for this minhag.
II. The Halachah
The Shulchan Aruch (670:1) only cites the minhag for women to refrain from working while the candles are burning. He notes that some hold that we do not dissuade women from observing this minhag, implying that some do dissuade them from keeping this minhag.
The Mishnah B’rurah (670:3) notes that this minhag is limited to women because the main neis of Chanukah occurred through women. This likely refers to Yehudis’ role in killing the Greek general. However, the Mishnah B’rurah also notes that some follow the opinion of the Maharil, that even men do not do work. The Mishnah B’rurah (670:4) adds that the entire prohibition is just the first half hour that the candles are lit, as it is only forbidden to benefit from the candles during this time.
Rav Yosef Shalom Elyashiv (cited in Dirshu, fn. 16) rules that nowadays, the custom is that men do work, and do not follow this minhag. This is likewise the ruling of Rav Ezriel Auerbach, Rav Menashe Klein, and Rav Avigdor Nebenzahl. See Kovetz Mah Tov Alecha (Vol. 6; pp. 47 & 124) and Mitzion Teitzei Torah (p. 104).
On the other hand, the sefer Ohr Eliyahu (Chanukah, p. 554) notes that many hold that this minhag does apply nowadays for men as well. For example, Rav Elyashiv himself is cited in a different sefer as having ruled that men should refrain from doing work. Moreover, the Sefer Chasidim (121) writes that anyone who does work on Chanukah will not see any brachah from his work. The Sheivet HaLevi (1:205) notes that the Sefer Chasidim implies that even men should refrain from work. Additionally, the Ohr Eliyahu notes that it makes sense that the prohibition of work should apply to both women and men based on the reasons for the prohibition: maybe you will benefit from the candles or that it is a yom tov.
Clearly, there is a split in poskim whether men also follow this minhag to refrain from work.
III. Why Only Women?
Other than the reason given by the Mishnah B’rurah about the neis being performed by women, are there other reasons why this minhag should be limited to women?
The journal Ohr Yisrael (Vol. 10, 5757, p. 73) gathers a handful of other reasons. First, the Yaavetz suggests that only women, who are “daatan kalos,” will come to do work in front of the candles. [As an aside, this author notes that the above Ohr Eliyahu expressly disagreed with this logic]. Second, the Aruch HaShulchan (670:8) writes that women suffered terribly at the hands of the Syrian-Greeks, as they were forced to partake in various immoralities. Third, the Chidushei HaRim posits that because women don’t do the physical lighting, their fulfillment of neiros Chanukah is the burning, which highlights pirsumei nisa. Thus, only they refrain from working during this time. Fourth, the sefer K’naf Renanah says that only women need a reminder not to benefit from the light of the menorah, which represents the light of the Menorah in the Beis HaMikdash, because one could think that there is no prohibition for women to benefit as they did not perform service in the Beis HaMikdash. Fifth, Nit’ei Gavriel writes that only women don’t do work so that no one suspects that they are not lighting because they are too busy. Based on the Chasam Sofer, they are not lighting themselves because of tz’nius, as the candle lighting used to be outside. Sixth, the commentary on the Sefer Chasidim suggests that only women are forbidden to do work because there is a mitzvah to prepare the s’udah at this point, and women were the most likely people preparing the s’udah.
IV. Type of Work
What type of work is forbidden? The journal Ohr Yisrael (ibid) cites numerous contemporary poskim on this issue.
Many only forbid intense work that requires concentration, such as sewing, weaving, laundry, and washing dishes, as we are afraid the women might do this by the candlelight, thereby improperly benefiting from the candles. This is the opinion of the Devek Tov, Rav Chaim Palacci, B’eir Moshe, Sheivet HaLevi, Mishnas Sachir, and Kinyan HaTorah. They add that certainly cooking or baking is permitted, as this is permitted on Yom Tov. [This author wonders if you can turn on a fire, something that is not permitted on Yom Tov]. Moreover, Rav Peretz Steinberg shlita (cited in Riv’vos Ephraim, 1:436) writes that cooking is certainly permitted, as it does not look like work. In sum, these poskim are clear that the minhag never was to refrain from cooking.
However, other poskim are stricter with respect to cooking and baking. For example, the Riv’vos Ephraim (ibid) cites Rav Zev Epstein who distinguishes between cooking on Yom Tov, in which you have no choice, as it is one (or two days) long, as opposed to the half hour that the candles are burning, where you should refrain from cooking. Moreover, he cites Rav Avrohom Ausband, who thought that one should refrain from performing any work that requires time to do, as does cooking.
Finally, the Nit’ei Gavriel (cited in Ohr Yisrael ibid) notes that the main point is for the family to gather together for the first half hour to watch the candles as a display of pirsumei nisa. Thus, women should not go out to purchase items, nor should they be busy with other items during the first half hour.
Rabbi Ephraim Glatt, Esq. is Associate Rabbi at the Young Israel of Kew Gardens Hills and a practicing litigation attorney. Questions? Comments? Email This email address is being protected from spambots. You need JavaScript enabled to view it..
