|
Can
a Child Light Chanuka Candles for the Household?
By
Harav Aharon Lichtenstein
Translated
by David
Silverberg
A.
THE POSITION OF THE SEFER HA-ITTUR
The Gemara in Masekhet Shabbat discusses the issue of "hadlaka/hanacha
osa mitzva" whether one fulfills the mitzva of Chanuka candles when he
lights the candle, or when he places it in its proper place. Towards the end of this sugya, the
Gemara (23a) posits:
"Now
that we have determined that the lighting fulfills the mitzva, if a deaf-mute,
mentally disabled person, or minor lit it, he has accomplished nothing. A woman certainly lights, for Rabbi
Yehoshua Ben
Levi said, 'Women are obligated in Chanuka candles
because they, too, were included in that miracle.'"
The
Gemara does not clarify whether any distinction exists in this regard between a
child who has reached the age of chinukh (training in mitzvot) and
a child below the age of chinukh.
Seemingly, the absence of any explicit distinction in the Gemara
indicates that this rule applies to all minors. Thus, although a child who has reached
the age of chinukh presumably must light candles due to the obligation of
chinukh, nevertheless, his lighting achieves nothing in terms of
fulfilling the obligation on behalf of the household.
In
spite of this implication, the Sefer Ha-ittur (Hilkhot
Chanuka, 115b-116a) comments:
"It
stands to reason that when he has yet to reach the age of chinukh, there
is a custom, and we follow the custom."
Our
texts of the Sefer Ha-ittur contain no reference to the source or root of
this custom; in the comments of the "Petach Ha-devir" to this passage in
the Sefer Ha-ittur, Rabbi Meir Yona adds to
the text the words, "as it is written in Megilla." Indeed, the Ran
(Shabbat, 10a in the Rif) paraphrases the Ittur
as follows:
"However,
the author of the Ittur z"l wrote that if he has reached the age of chinukh, it
is permissible [for him to light], and it all depends on the custom, as it says
in the Yerushalmi in Megilla, 'from this point on they established that minors
read on behalf of the congregation.'"
The
Ran refers to the conclusion of the Yerushalmi (Megilla 2:5) regarding
the debate between Rabbi Yehuda and the Tanna Kama recorded in the mishna
towards the end of the second chapter of Megilla (19b):
"Everyone
is suitable for the reading of the Megilla, with the exception of a deaf-mute,
mentally disabled person, and minor.
Rabbi Yehuda permits [a reading performed] by a minor."
Most
Rishonim understood Rabbi Yehuda's lenient ruling as applying strictly to a
child who has reached the age of chinukh, whereas the Tanna Kama
disqualifies even such a minor from Megilla reading. It is indeed reasonable to assume that
the mishna refers to a child above the age of chinukh, for a child
capable of reading the Megilla presumably has reached the stage where he
can be educated in mitzvot.
The Ittur, in Hilkhot Megilla (113b), brings this debate and the
Rif's ruling, which follows the position of the
Tanna Kama. The Ittur, however,
concludes:
"It
stands to reason that they argue with regard to a child who has reached the age
of chinukh, and the Halakha follows Rabbi Yehuda that a rabbinic obligation [of
chinukh] can come and fulfill a rabbinic obligation [of Megilla reading]. We indeed find that the custom follows
Rabbi Yehuda, as written in the Tosefta."
In
light of these comments regarding Megilla, he determined that the same
applies regarding Chanuka candles, and a minor who has reached the age of
chinukh may light on behalf of others.
B.
RISHONIM WHO OPPOSE THE ITTUR'S POSITION
Most
Rishonim, however, remained silent on this issue, and thus appear to maintain
that we draw no distinction in this regard between different ages of minors, as
the simple reading of the Gemara implies.
For example, the Rambam writes plainly (Hilkhot Chanuka 4:9),
"A
Chanuka candle lit by a deaf-mute, mentally disabled person, minor, or gentile
he has accomplished nothing, until somebody obligated in lighting performs the
lighting."
Similarly,
the Meiri (Shabbat 23a s.v. af al pi), after citing the position
of the Ittur, comments, "This does not seem correct."
We
may suggest two explanations for their position. Perhaps they, like the Ba'al Ha-ittur,
compare Chanuka candles to Megilla reading, but they disqualify all
minors from Megilla reading, as well, in accordance with the position of
the Rif and Rambam (Hilkhot Megilla
1:2). According to this approach,
these Rishonim may have felt that a minor, who is obligated in mitzvot
only mi-de'rabbanan, and thus for whom Megilla reading constitutes
a "double de-rabbanan," cannot read on behalf of adults, for whom
Megilla reading constitutes but a "single de-rabbanan." Tosefot express this view in several
places.
Alternatively,
they might hold, as does Rashi, that a child
bears no personal obligation whatsoever, as the chinukh obligation rests
upon the shoulders of the parents, rather than on the child himself. Or, even if the obligation is, indeed,
cast upon the minor himself, it is a qualitatively lesser obligation than that
cast upon adults, as the requirement of chinukh differs fundamentally
from an actual obligation in the mitzva itself. In any event, this approach would claim
that these Rishonim accept the Ba'al Ha-ittur's equation between Chanuka candles
and Megilla reading, only they disagree with his position concerning
Megilla reading, and thus naturally dispute his position regarding
Chanuka candles, as well.
A
different explanation might be that these Rishonim agree with the Ba'al
Ha-ittur's ruling allowing a child to read the Megilla on behalf of
adults, but in their view, we cannot compare Megilla reading and Chanuka
candles.
One
possible distinction between these two obligations is suggested by the Magen
Avraham; however, he himself distinguishes in the opposite direction, and is
inclined to reject this distinction.
In the context of Chanuka candles, the Mechaber (675:3) cites the
position of the Ittur without further comment: "There is someone who says that
for a minor who has reached the age of chinukh it is permissible." In presenting the laws of Megilla
reading, by contrast, the Mechaber omits the Ittur's position entirely and
establishes unequivocally that a child cannot read the Megilla on behalf
of others (689:1). The Magen
Avraham comments:
"This
requires explanation, for the Bet Yosef ruled at the end of siman
675 in
accordance with the Ba'al Ha-ittur, who allows a minor [to light Chanuka candles
for the household], whereas here he rules unequivocally in accordance with those
who forbid [a minor to read the Megilla for others]. It is far-fetched to distinguish in this
regard between Megilla and Chanuka candles. The Ran likewise implies that they
resemble one another in this respect."
It
behooves us, then, both to explain the position of the Ittur, and to assess the
extent to which we may distinguish between these two mitzvot, in either
direction.
C.
THE MINOR'S OBLIGATION IN MEGILLA READING AND CHANUKA
CANDLES
As
regards the actual obligation of a minor in the mitzvot of Chanuka
candles and Megilla reading, we may raise two possible suggestions.
i)
He
is obligated solely by force of the requirement of chinukh, just as he is
with regard to tzitzit and lulav, as established in the Gemara
(Sukka 42a).
ii)
In
these two mitzvot, a child's obligation also stems from his having been
included in the miracle commemorated, parallel to women's obligation in these
mitzvot.
At
first glance, it would appear that this second possibility hinges on a debate
among the Rishonim regarding the clause, "for they, too, were included in that
miracle." Most Rishonim explained,
based on the parallel formulation in the Yerushalmi (Megilla 2:5) "for
they, too, were included in that threat [of annihilation]" - that this refers to
the inclusion within the danger from which we were saved. Clearly, this would apply to minors, as
well. By contrast, Rashi and
Rashbam explained that
women played a significant role in the process of the miracle's unfolding;
seemingly, this would exclude children.
On
a more fundamental level, however, one might question whether the factor of
"af hen hayu be-oto ha-nes" ("they, too, were included in that miracle")
can serve as a basis for obligating minors, even if they have reached the age of
chinukh. It stands to reason
that this principle applies strictly to women, who generally are obligated in
mitzvot like men, but would have been exempted from Chanuka candles and
Megilla reading for the specific reason that these two mitzvot are
time-bound ("mitzvot asei she-ha-zeman geraman"), and Halakha generally
exempts women from this type of mitzva.
The consideration of "af hen hayu be-oto ha-nes" overrides the
principle exempting women from time-bound mitzvot, resulting in their
obligation in Chanuka candles and Megilla reading. Minors, however, are excluded entirely
from the general level of mitzva obligation, and even when they reach the age of
chinukh, their obligation is of a shallower nature. It follows, then, that their inclusion
in the miracle would not affect their general exemption.
Even
should we assume (as I heard from my teacher and father-in-law, Rav Yosef Dov
Soloveitchik zt"l, in the name of his grandfather, Reb Chayim Brisker)
that a minor's performance of mitzvot has the formal status of a mitzva
act, and for this reason the Rambam rules (Hilkhot Korban Pesach 5:7)
that a child who reaches bar mitzva age between Pesach and Pesach Sheni need not
observe Pesach Sheni if a korban was slaughtered on his behalf on
Pesach, this relates
only to his fulfillment of mitzvot. When it comes to a child's obligation
in mitzvot, however, according to all opinions he is entirely
excluded. It stands to reason,
then, that we cannot apply to minors the principle of "af hen hayu be-oto
ha-nes," and we must confine a child's obligation to the realm of
chinukh.
D.
EXPRESSIONS OF THIS ISSUE IN THE RISHONIM
We
might suggest that this issue underlies a debate among the Rishonim concerning
the obligation of arba kosot (the four cups of wine at the Pesach
seder). The Gemara
(Pesachim 108b) writes,
"Everyone
is obligated in these four cups men, women and children. Rabbi Yehuda said: What purpose is there
for children to drink wine?"
The
Rashbam explains:
"'And
children' for they, too, were redeemed.
'What
purpose is there for children' aren't they exempt from mitzvot?"
It
appears that according to the Rashbam, the Tanna'im debate the issue of whether
an obligation applies to children due to the external factor of their inclusion
in the redemption. Although in the
Rashbam's view we are not dealing here with the concept of "af hen hayu
be-oto ha-nes," for according to the Rashbam, "af hen hayu" has to do
with women's participation in bringing about the redemption, nevertheless,
according to the Tanna Kama, we have a parallel progression. By contrast, Rabbenu David (ad loc.)
takes issue with the Rashbam and writes,
"This
is incorrect; for although they were redeemed, what obligation is there for
children?"
In
truth, however, one might claim that this debate has no relevance to our
issue. For it appears from the
Rashbam's commentary on Rabbi Yehuda's position that he refers to a child who
has yet to reach the age of chinukh. Therefore, if the Tanna Kama holds that
we apply here the rule of "af hen hayu be-oto ha-nes," we have
here a far more novel ruling than that which we suggested earlier regarding
Chanuka candles and Megilla reading.
It
seems reasonable to assume, therefore, that the Rashbam never intended to base
the minor's obligation on the concept of "af hen hayu." Rather, he refers to the obligation upon
the parent to have the members of his household drink the arba kosot, not
as part of their training in mitzvot, but rather as part of his own
obligation.
Conversely,
we might confine Rabbenu David's objection to the application of this factor, of
inclusion in the redemption, to a child below the age of chinukh. When it comes to a child who has reached
this age, however, Rabbenu David might concede that there exists a level of
obligation due to the factor of "af hen," and not merely stemming from
the obligation of chinukh.
Truth
be told, we need not look far and wide for a discussion among the Rishonim
relevant to our issue, for our question was addressed explicitly by the Rishonim
in the context of Megilla reading.
The Ramban, in his Milchamot Hashem in Berakhot (12a in the
Rif), writes:
"A
minor, even if he has reached the age of chinukh, cannot fulfill the obligation
on behalf of others, even regarding a rabbinic [obligation], as it says in the
mishna, 'Everyone is suitable for the reading of the Megilla, with the exception
of a deaf-mute, mentally disabled person, and minor.' The reason is that chinukh is the
obligation of his father, whereas he bears no obligation whatsoever."
The
Ramban omits any explanation of Rabbi Yehuda's position. But the Ran in Megilla (6b in the
Rif) adds the following approach in the
Ramban's name:
"Rabbi
Yehuda himself permitted a minor only with regard to Megilla, because they were
all included in that miracle."
The
Ran then proceeds to dispute the Ramban's approach:
"I
am not satisfied with this answer, for if he bears no obligation with regard to
mitzvot, even mi-de'rabbanan, then what difference does it make
that they were included in that miracle?
This reasoning applies only to someone who bears an obligation regarding
other mitzvot, like women, whom we obligate in this case as well, because
they too were included in that miracle.
But someone for whom no obligation applies how can we obligate him on
this basis?"
The
Ran establishes quite clearly that no obligation can possibly apply to a
minor. Within the Ramban's
position, one might question whether the Tanna Kama follows the Ran's position
on our issue, or if even he maintains that there exists a dimension of "af
hen" with regard to the minor's personal obligation, and we should not
restrict it to the mitzva of chinukh. However, in his view, this does not
suffice to allow the child to read on behalf of others, somewhat similar to the
Behag's position that women cannot read the Megilla on behalf of
men. In any event, the Ramban's own
position on this matter is quite clear.
It
would appear that this issue finds expression in a different context as
well. The Ravya brings the
aforementioned view of the Behag that a woman cannot fulfill the obligation of
Megilla reading on behalf of men.
The Behag bases his position on the fact that women are not obligated in
keri'a, reading the Megilla, but rather in shemi'a
hearing the Megilla read.
Later, the Ravya writes (2:569, p.293):
"I
am uncertain as to whether a minor can fulfill the obligation on behalf of
women, or women for a minor, regarding both Megilla and lighting [Chanuka
candles]. For perhaps although both
are exempt [from keri'a] and obligated in listening to the Megilla, they may not
be equally obligated, as we say in Masekhet Shabbat [beginning of the
24th chapter, regarding a deaf-mute, mentally disabled person, and
minor], 'Which one takes precedence?' despite the fact that it always mentions
them together as a single group."
We
may explain the Ravya's question in one of two ways.
First,
his uncertainty may have to do with the scale of different levels of the same
mechayev (source of obligation).
This question itself reduces to one of two issues:
i)
Is
there any difference at all in terms of level of obligation between a minor and
a woman?
ii)
Does
this difference preclude the possibility of one fulfilling the obligation on
behalf of the other?
Alternatively,
the Ravya's question may have to do with distinct mechayevim. This approach, too, divides into two
possible understandings:
i)
Do
we have here two different mechayevim, or only a single mechayev?
ii)
Assuming
the mechayevim are distinct, what weight does this distinction carry with
respect to the ability of one to fulfill the obligation on behalf of the
other?
The
Gemara he cites as an example raises a question concerning a case of extenuating
circumstances, where Halakha permits one to perform an activity forbidden on
Shabbat through a person with a lower level of obligation. The Gemara asks if one should afford
preference to a deaf-mute over a minor or vice-versa in such a situation
(Shabbat 153b):
"Should
he give it to a deaf-mute, because a minor will eventually attain intelligence,
or should he give it to a minor, because a deaf-mute may be confused with an
adult?"
A
clear gap exists between the two arguments posed. The stringency of the minor can be
viewed as fundamental in nature, meaning, forbidden activity performed by a
minor is forbidden in the sense of an early adulthood of sorts. The stringency of the deaf-mute, by
contrast, results from merely a peripheral concern. It would thus appear that the Gemara's
question hinges on the aforementioned issue as to the nature of the
preference. Clearly, however, one
may explain the Gemara differently.
Now,
if we assume the second possibility posed, that the Ravya's question involves
the nature and level of different mechayevim, then we clearly understand
why a woman might not be able to fulfill the obligation on behalf of a
minor. For in his view, a woman is
obligated only to hear the Megilla, whereas a minor, presumably, bears an
obligation to read as well, just as he will when he becomes an adult. When the Ravya writes as a self-evident
fact that both women and minors are obligated only in shemi'a, he did so
only in presenting the possibility that one can, indeed, fulfill the obligation
on behalf of the other.
What
is less clear, however, is why a minor would be unable to fulfill the obligation
on a woman's behalf if they share an identical obligation. In light of what we have seen, we may
suggest a simple explanation, based on the questions raised in the
aforementioned comments of the Ramban and Ran. If a minor's obligation stems from both
the mitzva of chinukh as well as the factor of "af hen hayu," then
there really is no reason why he cannot fulfill the obligation on behalf of
women. If, however, he is obligated
solely due to chinukh, as the principle of "af hen" does not
include minors, then there exists a component that applies to women from which a
minor is excluded, and he therefore cannot fulfill the obligation on their
behalf.
E.
CONTRASTING CHANUKA CANDLES AND MEGILLA READING IN LIGHT OF "AF HEN
HAYU"
Let
us return to our issue the position of the Ba'al Ha-ittur that compares
Megilla reading and Chanuka candles. If we view the minor's obligation as
stemming from the mitzva of chinukh, we have no reason to distinguish
between these two mitzvot.
Why would one differ from the other in terms of the obligation to train a
child in mitzva performance? We
would thus conclude that those who follow Rabbi Yehuda's view, allowing a child
to read the Megilla on behalf of adults, will also accept the Ittur's
ruling that candle lighting by a minor who has reached the age of chinukh
fulfills the obligation on behalf of the entire household.
At
first glance, the same would apply to the mechayev of "af hen hayu
be-oto ha-nes." However, the
Keli Chemda draws a distinction in this regard. He suggests that if a minor's obligation
in these two mitzvot stems from chinukh, then clearly we cannot
differentiate between the two with regard to the minor's ability to fulfill the
obligation for others, as stated above, and this, he claims, was the Ittur's
position. When it comes,
however, to the mechayev of "af hen hay be-oto ha-nes,"
here, the Keli Chemda argues, we may certainly distinguish between
Megilla reading and Chanuka candles, and those who disputed the Ittur
followed this view. The Keli Chemda
explains the distinction as follows (Parashat Miketz,
p.112):
"It
would thus appear that this applies specifically on Purim, when the miracle was
that they were saved from death to life, for the decree was to destroy and
kill. Therefore, no distinction
exists between young and old, and we may reasonably say about them that they,
too, were included in that miracle.
This
is not the case regarding Chanuka, where the decree was to have them violate
their religion, and we hold that one must subject himself to death rather than
transgress, due to the mitzva of 've-nikdashti be-tokh Benei
Yisrael.' Therefore, this
applies specifically to adults; minors, however, who are not included in the
positive commandment of ve-nikdashti, are permitted
to transgress, and were thus not killed.
On Chanuka, therefore, it cannot be said about minors that 'they, too,
were included in that miracle,' since no miracle saving from death occurred for
them, because they did not have to surrender their lives for the sanctification
of the Name. Since they cannot be
obligated by virtue of 'af hen hayu be-oto ha-nes,' no basis remains for
us to obligate them other than chinukh, and so we again say that a
'double de-rabbanan' cannot fulfill the obligation on behalf of a 'single
de-rabbanan.' We therefore
never find in Tosefot that Rabbi Yehuda would allow candle lighting on Chanuka
by a minor."
His
point is clear, but very difficult to accept. He operates on the basic assumption that
the miracle, meaning, redemption from a threat or danger, entails salvation from
physical destruction as a result of the obligation to give one's life rather
than transgress. It appears obvious
and self-evident, however, that this is not the case at all. Is release from the grip of religious
persecution insufficient salvation to require praise and thanksgiving and
commemoration of the event through candle lighting? Even taking into account the fact that
the children permissibly violated their faith rather than surrender their lives,
is not the loss of eternal life and all connection to Torah observance a tragic
calamity, such that any survivor would be included in the Chanuka miracle? This point is clear from pure logic, but
it has clear evidence, as well, from the famous discussion of the Taz (O.C.
670:3) concerning the difference between Chanuka and Purim with respect to
abstaining from food and drink:
"The
Levush drew a distinction in this regard, claiming that on Purim lives were
saved, whereas on Chanuka no lives were saved, for the Greeks sought not lives
but rather submission and violation of the faith. But this is incorrect, for Rashi
commented in Parashat Ki-Tetze that causing another to sin is graver than
killing him."
The
Levush and Taz agree that the salvation of Chanuka was spiritual, and had
nothing to do with the physical ramifications of the spiritual threat. They argue as to the significance of
this fact with respect to the inclusion of a festive meal and celebration on
Chanuka. Clearly, then, we cannot
distinguish between Megilla reading and lighting Chanuka candles on the
basis of the application of "af hen hayu" to minors; this detail
has no connection at all to the debate between the Ba'al Ha-ittur and the other
Rishonim.
F.
DISTINGUISHING BASED ON THE NATURE OF THE MITZVOT
We
may, however, assess this question from a different angle entirely. Until now, our discussion concerning the
possible equation between the two mitzvot focused on the foundation and
level of the personal obligation of the minor who has reached the age of
chinukh. But it is possible
to approach this issue from the perspective of the nature and character of each
of these two mitzvot, and their particular demands. We can then examine whether we can
distinguish between the two in this regard such that their difference will yield
ramifications in terms of the ability of a minor to fulfill the obligation on
behalf of others.
Indeed,
the difference in nature between these two mitzvot is clear. Megilla reading constitutes a
"chovat gavra," a personal obligation upon each individual which
he himself fulfills. That one
person can read on behalf of another stems from the principle of "shomei'a
ke-oneh" (listening is akin to reciting). Although this concept lends itself to
different understandings and interpretations regarding the connection between
reader and listener, they all share the basic notion that the listener fulfills
his obligation through his direct participation in the process of the mitzva's
execution.
By
contrast, the lighting of Chanuka candles was established, on the fundamental
level, as a mitzva upon "ish u-veito" a person and his household. All members of the household bear the
obligation to see to it that a light will be lit in or near the house. There is no personal obligation cast
upon any single individual to perform the act of lighting personally. One person, who perhaps need not even be
a resident of the house, fulfills the
obligation on behalf of others by bringing about the presence of Chanuka candles
in the home. The sugya excludes
from this process the deaf-mute, mentally disabled and minors, to which the
Rambam (Hilkhot Chanuka 4:9) adds a gentile, because they are not
included at all in the mitzva.
It
seems clear that this difference in the nature of the mitzva's fulfillment may
very well affect the ability of one person to fulfill the obligation on behalf
of another. Case in point: the
Rishonim disagree as to whether or not a woman can read a Megilla on
behalf of men, and many followed the ruling of the Behag that a man cannot
fulfill his obligation by hearing a woman's reading of the Megilla. No such dispute exists regarding Chanuka
candles, and the straightforward reading of the sugya (Shabbat 23a), which
concludes that women may light Chanuka candles, certainly implies that they
thereby fulfill the obligation on behalf of men. The Gemara establishes for women that
which was denied to the deaf-mute, mentally disabled and minor, and what was
denied from them clearly is not only their personal obligation - for they are
exempt from all mitzvot but rather their ability to fulfill the
obligation for others. It thus
seems clear that women can light for men, unlike the Behag's ruling with regard
to Megilla reading.
The
Ravya, in Hilkhot Megilla (2:569, p.293), appears ambivalent on this
issue:
"I
searched in the Halakhot Gedolot [= Behag] and he made no explicit comment on
this, and I do not know if we can view both [mitzvot] together in this
regard."
However,
in Hilkhot Chanuka (843, p.580), he decides upon the lenient ruling:
"A
woman certainly lights and also fulfills the obligation for a man, for Rabbi
Yehoshua Ben
Levi said: Women are obligated in Chanuka candles
for they, too, were included in that miracle. In the context of the laws of Megilla, I
wrote that in the Halakhot Gedolot the text reads, 'Women are obligated in
hearing the Megilla,' and it does not read, 'in the reading of the Megilla.'"
He
does not, however, explain the meaning behind his initial uncertainty or the
definitiveness of his conclusion.
The Peri Chadash (675:3) brings an additional source for this
distinction:
"In
the glosses to the Mordekhai it is written in the name of Tosefot z"l that a
woman certainly lights, even to fulfill the obligation for others. Although she does not fulfill the
obligation of Megilla reading on behalf of others, despite their having been
included in the miracle, perhaps [the obligation of] Chanuka candles is more
lenient, just as it says that [a visitor] participates [in the host's lighting]
through sharing the expense [of the candles], but when one marries he has no
need, as he relies on his wife's lighting outside his city."
Here,
too, however, we have but a proof without any explanation.
We
can raise several different suggestions to explain this ruling. One suggestion among those I heard from
my father-in-law zt"l without these sources being addressed is built
upon the difference in the essence of the obligation. A woman cannot fulfill an obligation on
a man's behalf on the level of interpersonal connection. If, however, we require merely the
creation of the halakhic entity of Chanuka candles, then this can be
accomplished through a woman as well.
Correspondingly,
we may easily adopt the distinction raised and rejected by the Magen Avraham,
who extracted from the Mechaber's rulings that a minor can light Chanuka candles
on behalf of adults, but cannot read the Megilla on their behalf. We need only assume that a minor cannot
perform a mitzva act through which an adult can fulfill his obligation, but is
capable of creating the halakhic entity of Chanuka candles, through which all
members of the household then fulfill their obligation. The Mechaber's rulings are then
perfectly understood.
Conversely,
as we saw, many Rishonim accept Rabbi Yehuda's position regarding Megilla
reading but make no distinction between different stages of childhood when it
comes to Chanuka candles, presumably maintaining that even upon reaching the age
of chinukh a child cannot light on behalf of adults. We might explain though this may
depend on how we understand the rule of "shomei'a ke-oneh" that an
adult can fulfill his obligation through his act of listening to the child's
reading, for the purposes of which we may consider this reading a reading
performed for the mitzva. When,
however, it comes to candle lighting, which is intended to fulfill the
obligation for the entire household simply through its constituting a halakhic
entity of Chanuka candles for the home the child does not have the capacity to
create this entity on the adults' level of obligation.
The
Peri Chadash, in the continuation of the aforementioned passage, also addresses
the different rulings of the Mechaber and offers the following
explanation:
"Although
the Mechaber in the aforementioned siman [in the context of Megilla] disregarded
the Ba'al Ha-ittur's stance and did not mention it, he brings it here, for it is
quite possible that even those who disagree [with the Ittur] there agree here,
because [the obligation of] Chanuka candles is more lenient, as I wrote in the
name of Tosefot."
In
light of what he had written earlier in that passage concerning women, he
explains the Mechaber's rulings on the basis of somewhat ambiguous levels of
stringency and leniency. But as we
have seen, we can explain the distinction based on the difference in the nature
and root of the two mitzvot.
I
then discovered that indeed this approach to the distinction is established in
brief by the Chakham Tzvi.
Addressing the discrepancy between the two rulings of the Mechaber, the
Chakham Tzvi responds (in "Tosafot Chadashim" at the end of the Chakham Tzvi's
work, 13):
"He
maintains that on Chanuka, the obligation of lighting is not cast upon each
individual, but rather one person from among all the members of the household
lights at the entrance to the yard, and there is then no obligation upon anyone
from among all the members of the household, even though they did not hear the
berakha and did not see the lighting.
Rabbi Zeira went even further, saying: Once I married, I said that I no
longer need [to purchase a share in my host's Chanuka candles,] for they light
on my behalf in my home. For this
reason, it suffices for even a child who has reached the age of chinukh to light
at the entrance of the yard.
Regarding
Megilla reading, however, which is cast upon each individual, either to read or
to hear the Megilla, a minor even who has reached the age of chinukh cannot
fulfill the obligation on behalf of others. This is a very reasonable
distinction."
[The
Hebrew version of this article appeared in Be-Orkha Nir'eh Or, Essays in
Memory of Lt. Danny
Cohen Hy"d, eds. Y. Rosenson and A. Ariel, Jerusalem,
5764.]
The
original version of the text reads, "We learn in Megilla;" but given that
later he cites a Gemara from Masekhet Shabbat, clearly this version is
incorrect.
See
Tosefta, Megilla 2:4, and Tosefta Ki-fshuta, pp. 1148-9.
A
similar point regarding Megilla reading seems to emerge from the
Yerushalmi (Megilla 2:5): "Bar Kappara said: One must read it for women
and for children, for they, too, were included in that threat." The Yerushalmi thus explicitly applies
the factor of "af hen hayu" to minors. However, Bar Kappara's formulation of
this halakha clearly implies that he deals not with a personal obligation upon
the child, but rather with the responsibility of others presumably, his father
to read the Megilla for him, as part of the father's obligation of
"pirsumei nisa" (publicizing the miracle).
This
refers to the obligation upon a minor to light for himself, either if he has his
own home, or according to the practice of the Rama (671:2) that all members of
the household light Chanuka candles.
See also Rama, 675:3, and Magen Avraham, 677:8.
There is yet another application of the issue of a minor's status with
respect to Chanuka candles according to the Rambam's view (Hilkhot
Chanuka 4:2) that only the head of the household lights, and he lights
corresponding to the number of family members. According to this position, the question
arises as to whether to include minors in the number of members of the
household, thus requiring the head of the household to light for them, as well,
since they were also included in the miracle and saved. We need not, one might argue, assess the
status of their obligation in mitzvot, since it is not they who light the
candles. Or, perhaps only the
adults, who bear the obligation of the mitzva of Chanuka and to whom the
lighting relates, are included.
The Piskei Ri'az (Shabbat, p.102) writes, "But for minors, who are not
obligated, it appears to me that he does not light." This ruling is cited in the Shiltei
Ha-gibborim (Shabbat, 9b in the Rif). The Meiri (Shabbat 21b, s.v.
mitzvat Chanuka) similarly takes this position as a given: "Those who
perform the mitzva on a higher standard a candle for each person according to
the number of adult members of the household."
Quite conceivably, however, one could distinguish between these two
issues and claim that a minor is excluded from lighting altogether, but
nevertheless he counts towards the number of household members. Conversely, perhaps according to the
Rama's custom, we train children to light for purposes of chinukh, like
in all mitzvot, as is indeed the widespread practice, but the head of the
household would not light for him according to the Rambam, as doing so serves no
educational purpose.
It is inexplicable why the Magen Avraham and Bei'ur Halakha (end of
siman 675) combine the comments of the Ri'az concerning lighting on
behalf of minors, with the Rama's ruling regarding minors lighting
themselves. Moreover, the reasoning
suggested by the Bei'ur Halakha ("for although he is obligated to train him,
this pertains to matters regarding which the adult himself bears an obligation
according to strict Halakha; here, however, where even for the adult this
involves merely enhancement of the mitzva ['hiddur mitzva'], he is not
obligated to train the minor") requires clarification.
This touches upon the fundamental nature of hiddur mitzva on the
one hand, including all its levels and facets, and on the other, the specific
character of the "hiddur" that applies in the context of Chanuka
candles. Seemingly, to the extent
to which we classify the enhancements of Chanuka candles as additional levels
and extensions of the actual mitzva, we have no reason not to include them
within the mitzva of chinukh.
By contrast, to the extent to which we categorize them under the general
rule of "zeh Keli ve-anvehu" (the overarching halakha of hiddur
mitzva), we have more room to exclude them from the requirement of
chinukh.
Even this, however, is far from clear. For even if this does not constitute an
extension of the actual mitzva itself, why shouldn't the concept of enhancing
our avodat Hashem be included in the mitzva of chinukh? Furthermore, we must assess this issue
in light of the sugya (Chagiga 6a) that deals with the extent to which
the present obligation of chinukh must practically correspond with the
future obligation the child will assume upon reaching the age of
mitzvot. The source of the
Bei'ur Halakha's comments, the Machatzit Ha-shekel (677:4), raises this
distinction as a conceivable explanation for the possibility raised by the Magen
Avraham. We will not, however,
elaborate on these points in this context.
To
the best of my knowledge, this point is not explicitly addressed in the Gemara
or Rishonim, and I have the impression that the person lighting must be a member
of the household. For otherwise, no
connection exists between the candle and the home, and we cannot consider this a
fulfillment of "ner ish u-veito."
However, Reb Velvel (Chiddushei Maran Riz Ha-levi, Hilkhot Chanuka
4:1, p.28) assumes as self-evident the fact "that even the primary Chanuka
candle required of each person and his household may be lit even by someone who
is not a member of the household, so long as he bears the obligation."
We may perhaps draw support for this theory from the Ramban's formulation
in Masekhet Pesachim (7a): "If you will ask from Chanuka candles,
which may be performed through an agent, and we recite over it the
berakha, 'le-hadlik.'"
It is unclear, however, from this wording whether or not one can have
someone else light for him without formal shelichut.
However, my son, Rav Yitzchak Abba shlit"a, pointed out to me that
the comments of Rabbenu David in that same context indeed imply that an
unrelated party may, in fact, light, even without his appointment as a
shaliach. See Chiddushei
Rabbenu David, Pesachim 7b (p.47):
|