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Homeless and Chanukah
By Rabbi Berach Steinfeld
One could ask whether someone who does not own a home and is literally homeless has a chiyuv to light the Menorah. Perhaps the obligation applies only to someone who has a roof over his head.
The Shailos u’Teshuvos Igros Moshe, Yoreh Deah III:14, discusses a person who has no house in which to sleep and spends the night in the street, such as someone stranded while traveling in a desert, with no one at home to light on his behalf. At first glance, this question may hinge on Rashi in Shabbos 23b, who explains that Chazal instituted the bracha of ha’ro’eh for neiros Chanukah in cases where a person is on a boat and cannot light. When he sees candles from afar, he recites the bracha of ha’ro’eh. The Taz (670:3) writes that one recites this bracha only if no one will be lighting that night in his home at all. From the Taz it would seem that someone who is outside and has no home would be exempt from lighting the Menorah.
Reb Elyashiv was asked directly what a person with no home should do regarding Chanukah licht. He answered that such a person has a chiyuv to rent a house in order to be able to light the Menorah.
Reb Chaim Kanievsky explains that Reb Elyashiv’s psak is rooted in the Rambam in Hilchos Brachos (11:2–3). There, the Rambam distinguishes between mitzvos that a person must actively perform, such as tefillin, sukka, and lulav, and mitzvos that apply only under certain circumstances, such as mezuzah and maakeh. If a person never owns a home, he is exempt from those obligations. The Rambam adds that the same distinction applies to mitzvos deRabbanan. Some are an absolute obligation, such as Megillah, lighting Shabbos licht, and Chanukah licht. Others are conditional, such as eiruv and netilas yadayim, where one is obligated only when the situation arises. From this Rambam it emerges that a person is required to arrange a living situation so that he can fulfill the obligation of lighting the Menorah.
On the other hand, Tosfos in Sukka 46a explains why Chazal instituted the bracha of ha’ro’eh specifically for Chanukah. Since the miracle was so beloved, and not everyone has the ability to light because they may not own or rent a home, Chazal provided an alternative through the bracha of ha’ro’eh.
A related question arises regarding someone traveling overnight on a train, where he is paying for his room and board. Can such a place be considered suitable for lighting the Menorah? The Maharshdam (4:146) rules that one would be required to light. He explains that when Rashi states a person does not light on a boat, it is because boats in earlier times lacked a roof and therefore were not considered a bayis. A train, however, would qualify as a bayis despite the fact that it is in motion. The Aruch Hashulchan, Orach Chaim, Hilchos Chanukah 677, writes that if a person will not arrive home until the next morning, he should light on the train if possible.
The Tzitz Eliezer (15:29) disagrees with both the Aruch Hashulchan and the Maharshdam. He maintains that the chiyuv is on the person to light in the place where he eats and sleeps, and that even without a roof overhead he would still be obligated. According to this view, Rashi’s exemption from lighting on a boat applies only where the person has no candles or where lighting is not permitted. The same would apply on a train: if lighting is prohibited due to danger, one would be exempt.
May we all be zocheh to light the candles in the proper place, and may we be zocheh to see the lights of the Menorah of the Bais Hamikdosh.
{Matzav.com}
