רמב״ם משנה תורה הלכות מגילה וחנוכה
יש בכללן שתי מצוות עשה מדברי סופרים, ואינן מן המנין. וביאור שתי מצוות אלו בפרקים אלו.
RR: The titles of each chapter is intentional and thought out by the Rambam. Most significantly here is his characterization of these mitzvot as 'divrei Sofrim'. There is a major debate at the term he employs--does that mean regular derabanan? perhaps related to Deoraita? Rambam says that kidushin is from the Torah but kesef kidushin is mideivrei soferim. a debate ensued as to their true nature. RR belives it refers to a hierarchy, perhaps they are a 'high derabanan and a low deoraita'. Either way, calling it divrei sofrim shows their prominence in his eyes.
RR notes that it is unique to meld Chanuka and Purim together, it is unique that they conclude the laws of 'moadim', and it is unique that the final halacha of Chanuka and Purim show their special status.
Also, extremely significant that the laws of Hallel are integrated into hilchot Chanuka as opposed to any other aspect of hilchot zmanim. why is that?
מַאי חֲנוּכָּה? דְּתָנוּ רַבָּנַן: בְּכ״ה בְּכִסְלֵיו יוֹמֵי דַחֲנוּכָּה תְּמָנְיָא אִינּוּן דְּלָא לְמִסְפַּד בְּהוֹן וּדְלָא לְהִתְעַנּוֹת בְּהוֹן. שֶׁכְּשֶׁנִּכְנְסוּ יְוָוֽנִים לַהֵיכָל טִמְּאוּ כׇּל הַשְּׁמָנִים שֶׁבַּהֵיכָל. וּכְשֶׁגָּבְרָה מַלְכוּת בֵּית חַשְׁמוֹנַאי וְנִצְּחוּם, בָּדְקוּ וְלֹא מָצְאוּ אֶלָּא פַּךְ אֶחָד שֶׁל שֶׁמֶן שֶׁהָיָה מוּנָּח בְּחוֹתָמוֹ שֶׁל כֹּהֵן גָּדוֹל, וְלֹא הָיָה בּוֹ אֶלָּא לְהַדְלִיק יוֹם אֶחָד. נַעֲשָׂה בּוֹ נֵס וְהִדְלִיקוּ מִמֶּנּוּ שְׁמוֹנָה יָמִים. לְשָׁנָה אַחֶרֶת קְבָעוּם וַעֲשָׂאוּם יָמִים טוֹבִים בְּהַלֵּל וְהוֹדָאָה.
Focus of this Braita of Megilat Taanit is the miracle of the oil, the pach shemen, not the war. The main question about the Braita relates to the conclusion--'the following year they made them into days of holiness (yomtov) with hallel and hodaa (thanksgiving). what about candle lighting???
Contrast this to the famous Al Hanisim prayer:
(ו) עַל הַנִּסִּים וְעַל הַפֻּרְקָן וְעַל הַגְּ֒בוּרוֹת וְעַל הַתְּ֒שׁוּעוֹת וְעַל הַמִּלְחָמוֹת שֶׁעָשִֽׂיתָ לַאֲבוֹתֵֽינוּ בַּיָּמִים הָהֵם בִּזְּ֒מַן הַזֶּה:
(ז) בחנוכה: בִּימֵי מַתִּתְיָֽהוּ בֶּן יוֹחָנָן כֹּהֵן גָּדוֹל חַשְׁמוֹנָאִי וּבָנָיו כְּשֶׁעָמְ֒דָה מַלְכוּת יָוָן הָרְ֒שָׁעָה עַל־עַמְּ֒ךָ יִשְׂרָאֵל לְהַשְׁכִּיחָם תּוֹרָתֶֽךָ וּלְהַעֲבִירָם מֵחֻקֵּי רְצוֹנֶֽךָ, וְאַתָּה בְּרַחֲמֶֽיךָ הָרַבִּים עָמַֽדְתָּ לָהֶם בְּעֵת צָרָתָם רַֽבְתָּ אֶת־רִיבָם דַּֽנְתָּ אֶת־דִּינָם נָקַֽמְתָּ אֶת־נִקְמָתָם מָסַֽרְתָּ גִבּוֹרִים בְּיַד חַלָּשִׁים וְרַבִּים בְּיַד מְעַטִּים וּטְמֵאִים בְּיַד טְהוֹרִים וּרְשָׁעִים בְּיַד צַדִּיקִים וְזֵדִים בְּיַד עוֹסְ֒קֵי תוֹרָתֶֽךָ וּלְךָ עָשִֽׂיתָ שֵׁם גָּדוֹל וְקָדוֹשׁ בְּעוֹלָמֶֽךָ וּלְעַמְּ֒ךָ יִשְׂרָאֵל עָשִֽׂיתָ תְּשׁוּעָה גְדוֹלָה וּפֻרְקָן כְּהַיּוֹם הַזֶּה וְאַחַר־כֵּן בָּֽאוּ בָנֶֽיךָ לִדְבִיר בֵּיתֶֽךָ וּפִנּוּ אֶת־הֵיכָלֶֽךָ וְטִהֲרוּ אֶת־מִקְדָּשֶֽׁךָ וְהִדְלִֽיקוּ נֵרוֹת בְּחַצְרוֹת קָדְשֶֽׁךָ וְקָבְ֒עוּ שְׁמוֹנַת יְמֵי חֲנֻכָּה אֵֽלּוּ לְהוֹדוֹת וּלְהַלֵּל לְשִׁמְךָ הַגָּדוֹל:
(6) [We thank You] for the miracles, for the redemption, for the mighty deeds, for the deliverances and for the wars that You performed for our fathers in those days at this season.
(7) On Chanukah: In the days of Matisyahu, son of Yochanan the High Priest, the Hasmonean and his sons, when the evil Greek kingdom rose up against Your people Israel to make them forget Your Torah52This refers to rationally conceived laws. S.R. Hirsch comments: The Greeks knew that the key to the Jewish religion is the Torah. If Torah were forgotten, the decline of ritual observance would be inevitable and rapid. Thus, they concentrated first on causing Torah to be forgotten, knowing that the deterioration of religious observance would swiftly follow. and to turn them away from the statutes of Your will— You, in Your abundant mercy, stood by them in their time of distress, You defended their cause, You judged their grievances, You avenged them. You delivered the mighty into the hands of the weak, many into the hands of the few, defiled people into the hands of the undefiled, the wicked into the hands of the righteous, and insolent [sinners] into the hands of diligent students of Your Torah. And You made Yourself a great and sanctified name in Your world. And for Your people, Israel, You performed a great deliverance and redemption unto this very day. Afterwards, Your sons entered the Holy of Holies of Your Abode, cleaned Your Temple, purified Your Sanctuary, and kindled lights in the Courtyards of Your Sanctuary, and designated these eight days of Chanukah to thank and praise Your great Name.
Notice there is no mention of the miracle of pach shemen at all here!
In general it is strange to have a holiday focusing on a miracle which enabled Jews to do a mitzvah!
Returning to the Gemara in Shabbat, the last line וַעֲשָׂאוּם יָמִים טוֹבִים בְּהַלֵּל וְהוֹדָאָה
RR says that Rashi explains the three terms as two--Yomtov of Hallel and Hodaa. RR believes that Rambam interpreted the Braita differently. He feels that the Rambam interchanges the words 'hodaa' with 'hadlakat haner--that the candle lighting is the highest form of hodaa, an expression of shevach. Let's read the beginning of the Rambam's word on Chanukah:
(א) בְבַיִת שֵׁנִי כְּשֶׁמַּלְכֵי יָוָן גָּזְרוּ גְּזֵרוֹת עַל יִשְׂרָאֵל וּבִטְּלוּ דָּתָם וְלֹא הֵנִיחוּ אוֹתָם לַעֲסֹק בְּתוֹרָה וּבְמִצְוֹת. וּפָשְׁטוּ יָדָם בְּמָמוֹנָם וּבִבְנוֹתֵיהֶם וְנִכְנְסוּ לַהֵיכָל וּפָרְצוּ בּוֹ פְּרָצוֹת וְטִמְּאוּ הַטָּהֳרוֹת. וְצָר לָהֶם לְיִשְׂרָאֵל מְאֹד מִפְּנֵיהֶם וּלְחָצוּם לַחַץ גָּדוֹל עַד שֶׁרִחֵם עֲלֵיהֶם אֱלֹהֵי אֲבוֹתֵינוּ וְהוֹשִׁיעָם מִיָּדָם וְהִצִּילָם וְגָבְרוּ בְּנֵי חַשְׁמוֹנַאי הַכֹּהֲנִים הַגְּדוֹלִים וַהֲרָגוּם וְהוֹשִׁיעוּ יִשְׂרָאֵל מִיָּדָם וְהֶעֱמִידוּ מֶלֶךְ מִן הַכֹּהֲנִים וְחָזְרָה מַלְכוּת לְיִשְׂרָאֵל יֶתֶר עַל מָאתַיִם שָׁנָה עַד הַחֻרְבָּן הַשֵּׁנִי:
(ב) וּכְשֶׁגָּבְרוּ יִשְׂרָאֵל עַל אוֹיְבֵיהֶם וְאִבְּדוּם בְּכ"ה בְּחֹדֶשׁ כִּסְלֵו הָיָה וְנִכְנְסוּ לַהֵיכָל וְלֹא מָצְאוּ שֶׁמֶן טָהוֹר בַּמִּקְדָּשׁ אֶלָּא פַּךְ אֶחָד וְלֹא הָיָה בּוֹ לְהַדְלִיק אֶלָּא יוֹם אֶחָד בִּלְבַד וְהִדְלִיקוּ מִמֶּנּוּ נֵרוֹת הַמַּעֲרָכָה שְׁמוֹנָה יָמִים עַד שֶׁכָּתְשׁוּ זֵיתִים וְהוֹצִיאוּ שֶׁמֶן טָהוֹר:
(ג) וּמִפְּנֵי זֶה הִתְקִינוּ חֲכָמִים שֶׁבְּאוֹתוֹ הַדּוֹר שֶׁיִּהְיוּ שְׁמוֹנַת הַיָּמִים הָאֵלּוּ שֶׁתְּחִלָּתָן כ"ה בְּכִסְלֵו יְמֵי שִׂמְחָה וְהַלֵּל וּמַדְלִיקִין בָּהֶן הַנֵּרוֹת בָּעֶרֶב עַל פִּתְחֵי הַבָּתִּים בְּכָל לַיְלָה וְלַיְלָה מִשְּׁמוֹנַת הַלֵּילוֹת לְהַרְאוֹת וּלְגַלּוֹת הַנֵּס. וְיָמִים אֵלּוּ הֵן הַנִּקְרָאִין חֲנֻכָּה וְהֵן אֲסוּרִין בְּהֶסְפֵּד וְתַעֲנִית כִּימֵי הַפּוּרִים. וְהַדְלָקַת הַנֵּרוֹת בָּהֶן מִצְוָה מִדִּבְרֵי סוֹפְרִים כִּקְרִיאַת הַמְּגִלָּה:
(1) In [the era of] the Second Temple,1The Chanukah miracle took place in the year 3596 (165 BCE). The Greek persecutions began several years beforehand. the Greek kingdom2More particularly, the Seleucid kingdom of Syria, whose ruling hierarchy was of Greek origin. issued decrees against the Jewish people, [attempting to] nullify their faith3Bereshit Rabbah 2:4 relates that the Greeks would have the Jews "write on the horn of an ox that they have no portion in the God of Israel." and refusing to allow them to observe the Torah and its commandments.4See Megillat Antiochus, which relates that the Greeks prevented the Jews from observing the Sabbath and performing circumcision. They extended their hands against their property5In this era, the Greek rulers established gentile cities in Eretz Yisrael and deprived the Jewish population of its livelihood. and their daughters;6Rashi, Shabbat 23a, states that before a Jewish virgin was married, she was required to have relations with a Greek officer. they entered the Sanctuary, wrought havoc within,7See Middot 1:6, 2:3 and Shekalim 6:3, which speak of the Greeks breaking open portions of the Soreg, a divider on the Temple Mount, and destroying portions of the wall around the Temple Courtyard. and made the sacraments impure.8As we find with regard to the oil for the Menorah, the Greeks did not destroy the oil; they made it impure.
Herein, there is a lesson regarding the nature of the conflict between the Greeks and the Jews. The Greeks were not anxious to stamp out Judaism entirely. They were prepared to accept Judaism as one of the cultures of the Mediterranean area, which they would incorporate into an all-encompassing collection of knowledge and values; i.e., the sacraments of Judaism would remain, but they would become impure, tainted by Greek culture.
The Jews suffered great difficulties from them, for they oppressed them greatly until the God of our ancestors had mercy upon them, delivered them from their hand, and saved them.9By calling attention to the Divine origin of the Jews' victory before mentioning the Hasmoneans, the Rambam emphasizes the miraculous and spiritual nature of the miracle. The sons of the Hasmoneans, the High Priests, overcame [them], slew them, and saved the Jews from their hand.10The valiant struggle of the Hasmoneans who were able to defeat the most powerful armies of the world with guerilla forces is recounted in many sources.
They appointed a king from the priests, and sovereignty returned to Israel for more than 200 years, until the destruction of the Second Temple.11There is a significance to these statements beyond the laws of Chanukah. There are many Rabbinic authorities who are highly critical of the Hasmoneans for assuming the kingship of the Jewish people. (See the Ramban's commentary on the Torah, Parashat Vayichi.) Although in Hilchot Melachim 1:7-8, the Rambam writes that King David's descendants have an eternal right to the monarchy in Jerusalem, his description here of the Hasmoneans as kings does not have the slightest intimation of criticism; if anything, the contrary is true.
Several laws regarding the nature of kingship are derived from the Hasmonean kings and others, even from the kings of Herod's dynasty, who ruled after them.
(2) When the Jews overcame their enemies and destroyed them, they entered the Sanctuary; this was on the twenty-fifth of Kislev.1Significantly, the wording of the Rambam appears to indicate that the victory of the Hasmoneans took place on the twenty-fifth of Kislev. Rabbenu Nissim and other authorities explain that the victory took place on the twenty-fourth, and it was on the twenty-fifth that the Jews rested from the war and entered the Sanctuary. Indeed, an allusion to this is found in the very name Chanukah, חנוכה, which is broken up into two words, חנו כה, "they camped on the twenty-fifth." They could not find any pure oil in the Sanctuary, with the exception of a single cruse. It contained enough oil to burn for merely one day. They lit the arrangement of candles from it for eight days2The commentaries raise the question: Why was the miracle of the cruse of oil necessary? With regard to communal offerings, in which category falls the kindling of the Menorah, we follow the rule that "the requirement for ritual purity is suspended," if it is impossible to bring the offering in purity (Hilchot Bi'at HaMikdash 4:7-17). Thus, if the cruse of pure oil had burned out, the Jews could have used impure oil. Why did God perform a miracle when there was no absolute necessity?
Among the explanations for this is that God saw the dedication of the Jewish people as evidenced by their search for pure oil, and, in a greater sense, by their entire struggle against the Greeks. This commitment which extended beyond the limits of their intellect evoked a miracle from God that transcended the limits of nature. until they could crush olives and produce pure oil.3This fact also provokes a question: Why did it take so long to produce pure olive oil? Although there is an obligation to use oil of the finest quality for the Menorah (see Hilchot Issurei HaMizbe'ach 6:1, 7-8-10), when there is no other alternative, inferior oil prepared for the Menorah is also acceptable. Seemingly, it would have been possible to produce oil from olives in the Jerusalem vicinity in less than eight days.
(3) Accordingly, the Sages of that generation1Shabbat 21b states that the celebration of the holiday was ordained in the year following the miracle. ordained that these eight days, which begin from the twenty-fifth of Kislev, should be commemorated2There are many who question why the holiday is celebrated for eight days, since the miracle was only for seven (for there was enough oil for the Menorah to burn for a single day). The Rambam's words seem to allude to a resolution of this difficulty. The miraculous lighting of the Menorah began on the twenty-fifth of Kislev and continued for eight days.
[Note, however, the Pri Chadash (Orach Chayim 670:1), who explains that, according to the Rambam, the first day of the celebration was instituted in appreciation of the military victories, while the remaining seven came in recognition of the miracle of the Menorah.] to be days of happiness3an acknowledgement of God's miracles in a material context in appreciation of the military victories.
As the Rambam explains in Hilchot Purim, Chapter 2, "happiness" is associated with feasting. In this context, the Yam shel Shlomo, Bava Kama 7:37, explains that according to the Rambam - in contrast to the rulings of the Tur and the Shulchan Aruch (Orach Chayim 670:2) - the festive meals customarily served on Chanukah can be considered to be feasts associated with a mitzvah. and praise [of God].4A spiritual acknowledgement of God in appreciation of the miracle of the Menorah. These two aspects of the celebration of the holiday reflect the different nature of the miracles mentioned in each of the first two halachot (Likkutei Sichot, Vol. 10). Candles should be lit in the evening at the entrance to the houses on each and every one of these eight nights to publicize and reveal the miracle.5Both factors, the kindling of the Chanukah candles at night - when their light could be seen - and their placement at the entrance to the house - where their light will be projected into the street - emphasize the principle of pirsumei nisa, publicizing the Chanukah miracle.
These days are called Chanukah.6According to the Rambam, the choice of this name is somewhat problematic: As mentioned above, there are authorities who associated the name with the expression, חנו כה, "they camped on the twenty-fifth." This certainly does not express the Rambam's view. Megillat Ta'anit associates Chanukah with chanukat hamizbe'ach, the rededication of the altar in the Temple, but there is no mention of this event by the Rambam here. It is forbidden to eulogize and fast on them, as on the days of Purim.7As mentioned in the commentary on Chapter 2, Halachah 13, the prohibition to eulogize and fast applies only on the days of Chanukah themselves, and not on the preceding or succeeding days.
Significantly, unlike Purim, there is no prohibition against work on Chanukah (Shulchan Aruch, Orach Chayim 670:1). Lighting the candles on these days is a Rabbinic mitzvah, like the reading of the Megillah.8This emphasizes the Rambam's perspective that the allusion to the obligation to read the Megillah in the Megillah itself does not change the status of this mitzvah. (See also the commentary on Chapter 1, Halachah 1.)
Rambam invokes language which we see in other sources concerning 'shaat hashmad' but was chanuka really a shaat shmad?וכל הדברים האלו שלא בשעת הגזרה אבל בשעת הגזרה והוא שיעמד מלך רשע כנבוכדנצר וחבריו ויגזר גזרה על ישראל לבטל דתם או מצוה מן המצות. יהרג ואל יעבר אפלו על אחת משאר מצות בין נאנס בתוך עשרה בין נאנס בינו לבין עובדי כוכבים:
Doesn't use the exact same language but the spirit of the idea of existential threat is there. Thus, the background of the holiday according to the Rambam is shaat hashmad. Then the Rambam continues in halacha 3 and says Chazal turned these days into days of 1. simcha. 2. hallel. 3. days of lighting candles to publicize the miracle. For the Rambam hodaa is conveyed in the lighting of the candles! Where do we see in the Rambam that the act of candle lighting is really an expression of praise to God?
(יב) מִצְוַת נֵר חֲנֻכָּה מִצְוָה חֲבִיבָה הִיא עַד מְאֹד וְצָרִיךְ אָדָם לְהִזָּהֵר בָּהּ כְּדֵי לְהוֹדִיעַ הַנֵּס וּלְהוֹסִיף בְּשֶׁבַח הָאֵל וְהוֹדָיָה לוֹ עַל הַנִּסִּים שֶׁעָשָׂה לָנוּ. אֲפִלּוּ אֵין לוֹ מַה יֹּאכַל אֶלָּא מִן הַצְּדָקָה שׁוֹאֵל אוֹ מוֹכֵר כְּסוּתוֹ וְלוֹקֵחַ שֶׁמֶן וְנֵרוֹת וּמַדְלִיק:
(12) The mitzvah of kindling Chanukah lamps is very dear. A person should be very careful in its observance to publicize the miracle and thus increase our praise of God and our expression of thanks for the miracles which He wrought on our behalf. Even if a person has no resources for food except [what he receives] from charity, he should pawn or sell his garments and purchase oil and lamps to kindle them [in fulfillment of the mitzvah].2Although the Rambam's ruling is accepted by all authorities, the commentaries question the Rambam's source. The Maggid Mishneh explains that since in Hilchot Chametz UMatzah 7:7 (based on Pesachim 10:1), the Rambam states that even a person who derives his income from charity should not drink less than four cups of wine on Pesach, we can conclude that the same concept applies with regard to Chanukah. Indeed, as explained in the following halachah, kindling Chanukah candles receives priority over the recitation of Kiddush.
The concept of selling or pawning one's clothes to perform a mitzvah is mentioned in Megillah 27b with regard to the mitzvah of Kiddush.
Here, Rambam integrates the lighting of the candles with the expression of shevach and thanksgiving to God.
But how is lighting a candle an expression of shevach and hodaa? We should appreciate how Rambam integrates Hallel into hilchot candle lighting:
(ד) כָּל שֶׁחַיָּב בִּקְרִיאַת הַמְּגִלָּה חַיָּב בְּהַדְלָקַת נֵר חֲנֻכָּה וְהַמַּדְלִיק אוֹתָהּ בַּלַּיְלָה הָרִאשׁוֹן מְבָרֵךְ שָׁלֹשׁ בְּרָכוֹת וְאֵלּוּ הֵן. בָּרוּךְ אַתָּה ה' אֱלֹקֵינוּ מֶלֶךְ הָעוֹלָם אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ לְהַדְלִיק נֵר שֶׁל חֲנֻכָּה וְשֶׁעָשָׂה נִסִּים לַאֲבוֹתֵינוּ וְכוּ'. וְשֶׁהֶחֱיָנוּ וְקִיְּמָנוּ וְכוּ'. וְכָל הָרוֹאֶה אוֹתָהּ וְלֹא בֵּרֵךְ מְבָרֵךְ שְׁתַּיִם. שֶׁעָשָׂה נִסִּים לַאֲבוֹתֵינוּ וְשֶׁהֶחֱיָנוּ. וּבִשְׁאָר הַלֵּילוֹת הַמַּדְלִיק מְבָרֵךְ שְׁתַּיִם וְהָרוֹאֶה מְבָרֵךְ אַחַת שֶׁאֵין מְבָרְכִין שֶׁהֶחֱיָנוּ אֶלָּא בַּלַּיְלָה הָרִאשׁוֹן:
(ה) בְּכָל יוֹם וָיוֹם מִשְּׁמוֹנַת הַיָּמִים אֵלּוּ גּוֹמְרִין אֶת הַהַלֵּל וּמְבָרֵךְ לְפָנָיו אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ לִגְמֹר אֶת הַהַלֵּל בֵּין יָחִיד בֵּין צִבּוּר. אַף עַל פִּי שֶׁקְּרִיאַת הַהַלֵּל מִצְוָה מִדִּבְרֵי סוֹפְרִים מְבָרֵךְ עָלָיו אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ כְּדֶרֶךְ שֶׁמְּבָרֵךְ עַל הַמְּגִלָּה וְעַל הָעֵרוּב. שֶׁכָּל וַדַּאי שֶׁל דִּבְרֵיהֶם מְבָרְכִין עָלָיו. אֲבָל דָּבָר שֶׁהוּא מִדִּבְרֵיהֶם וְעִקַּר עֲשִׂיָּתָן לוֹ מִפְּנֵי הַסָּפֵק כְּגוֹן מַעֲשֵׂר דְּמַאי אֵין מְבָרְכִין עָלָיו. וְלָמָּה מְבָרְכִין עַל יוֹם טוֹב שֵׁנִי וְהֵם לֹא תִּקְּנוּהוּ אֶלָּא מִפְּנֵי הַסָּפֵק כְּדֵי שֶׁלֹּא יְזַלְזְלוּ בּוֹ:
(ו) וְלֹא הַלֵּל שֶׁל חֲנֻכָּה בִּלְבַד הוּא שֶׁמִּדִּבְרֵי סוֹפְרִים אֶלָּא קְרִיאַת הַהַלֵּל לְעוֹלָם מִדִּבְרֵי סוֹפְרִים בְּכָל הַיָּמִים שֶׁגּוֹמְרִין בָּהֶן אֶת הַהַלֵּל. וּשְׁמוֹנָה עָשָׂר יוֹם בַּשָּׁנָה מִצְוָה לִגְמֹר בָּהֶן אֶת הַהַלֵּל. וְאִלּוּ הֵן. שְׁמוֹנַת יְמֵי הֶחָג. וּשְׁמוֹנַת יְמֵי חֲנֻכָּה. וְרִאשׁוֹן שֶׁל פֶּסַח וְיוֹם עֲצֶרֶת. אֲבָל רֹאשׁ הַשָּׁנָה וְיוֹם הַכִּפּוּרִים אֵין בָּהֶן הַלֵּל לְפִי שֶׁהֵן יְמֵי תְּשׁוּבָה וְיִרְאָה וָפַחַד לֹא יְמֵי שִׂמְחָה יְתֵרָה. וְלֹא תִּקְּנוּ הַלֵּל בְּפוּרִים שֶׁקְּרִיאַת הַמְּגִלָּה הִיא הַהַלֵּל:
(ז) מְקוֹמוֹת שֶׁעוֹשִׂין יוֹם טוֹב שְׁנֵי יָמִים גּוֹמְרִין אֶת הַהַלֵּל עֶשְׂרִים וְאֶחָד יוֹם. תִּשְׁעָה יְמֵי הֶחָג. וּשְׁמוֹנָה יְמֵי חֲנֻכָּה. וּשְׁנֵי יָמִים שֶׁל פֶּסַח. וּשְׁנֵי יָמִים שֶׁל עֲצֶרֶת. אֲבָל בְּרָאשֵׁי חֳדָשִׁים קְרִיאַת הַהַלֵּל מִנְהָג וְאֵינוֹ מִצְוָה. וּמִנְהָג זֶה בְּצִבּוּר לְפִיכָךְ קוֹרְאִין בְּדִלּוּג. וְאֵין מְבָרְכִין עָלָיו שֶׁאֵין מְבָרְכִין עַל הַמִּנְהָג. וְיָחִיד לֹא יִקְרָא כְּלָל. וְאִם הִתְחִיל יַשְׁלִים וְיִקְרָא בְּדִלּוּג כְּדֶרֶךְ שֶׁקּוֹרְאִין הַצִּבּוּר. וְכֵן בִּשְׁאָר יְמֵי הַפֶּסַח קוֹרְאִין בְּדִלּוּג כְּרָאשֵׁי חֳדָשִׁים:
(4) Whoever is obligated to read the Megillah is also obligated to kindle the Chanukah lamp.4I.e., all adult men and women; similarly, there is an obligation upon parents to train their children in the observance of this mitzvah.
Although Chanukah is a mitzvah that is dependent on a specific time, women are obligated, because "they were also included in the miracle." As mentioned in Halachah 1, the Greeks' decrees affected them and they also had a share in the military victory, for the Greek commander was slain by a woman, Yehudit. On the first night, a person lighting [the lamp] recites three blessings. They are:
Blessed are You, God, our Lord, King of the universe, who has sanctified us with His commandments and has commanded us5Although the mitzvah of kindling Chanukah lights was ordained by the Sages, it is proper to praise God "who commanded us," as explained in Chapter 1, Halachot 1 and 3. to light the Chanukah lamp.
"...who wrought miracles for our ancestors...."6This blessing is also recited in commemoration of the Purim miracles (Chapter 1, Halachah 3).
"...who has granted us life, sustained us...."7This blessing is recited whenever one fulfills a mitzvah that is performed only from time to time (Hilchot Berachot 11:9).
When a person who did not recite a blessing [on his own Chanukah lamp] sees a lamp,8The Shulchan Aruch (Orach Chayim 676:3) interprets this as referring to a person who has not lit the Chanukah candles yet, is not intending to light them, and will not have them lit by others in his home. (See Chapter 4, Halachah 11.) Since he will not be fulfilling the mitzvah by himself, he should commemorate the miracle by reciting these blessings on candles lit by others.
Significantly, Rav Kapach's version of the Mishneh Torah does not contain the phrase, "who did not recite a blessing." Based on a responsum of the Rambam, he develops a unique interpretation, explaining that one may recite these blessings several times each night if he did not have the intent to light or see additional Chanukah lamps. he should recite the latter two blessings.9Since he did not kindle the lamp himself, it is improper for him to praise God for the opportunity to fulfill the mitzvah. On subsequent nights, a person who kindles the lamp should recite two blessings and one who sees a lamp should recite one, for the blessing Shehecheyanu is recited only on the first night.10After the fulfillment of this mitzvah on the first night, it is no longer appropriate to recite this blessing.
(5) On each and every one of these eight days, the entire Hallel11Hallel is a selection of celebrant psalms (Psalm 113-118). The Rambam mentions the entire Hallel as a contrast to the partial Hallel recited on Rosh Chodesh and the latter days of Pesach, which is described in Halachah 7. is recited.12Significantly, the Rambam describes the laws of Hallel in these halachot instead of in the laws of prayer. This emphasizes that Hallel is an expression of praise for the miracles associated with the holiday, and, as apparent from the following halachah, an expression of holiday joy rather than a requirement of prayer. Before [its recitation], one should recite the blessing "...who has sanctified us with His commandments and commanded us to complete the Hallel." This applies whether the recitation is individual or communal.13With regard to the partial Hallel, there are differences between an individual recitation and a communal recitation, as explained in Halachah 7. No such differences apply with regard to the full Hallel, and there is an obligation incumbent on each individual to recite these psalms with a blessing.
Even though the reading of the Hallel is a mitzvah ordained by the Sages, one may recite the blessing [stating] "who sanctified us with His commandments and commanded us," as one recites a blessing for the reading of the Megillah14As mentioned in the commentary on the previous halachah, the difficulty is that the blessing implies that the mitzvah was given to us by God, and yet these mitzvot were ordained by the Sages. This difficulty is resolved by explaining that the Torah commands us to adhere to the rulings of the Sages. Therefore, by observing the Sages' command, we are fulfilling God's will. (See Chapter 1, Halachot 1 and 3.) and for the erection of an eruv.15The term eruv refers to three different practices: the convention established to allow one to carry in a closed courtyard on the Sabbath, the convention established to allow one to cook for the Sabbath on a festival that falls on Friday, and the convention allowing one to extend the limits one is allowed to walk on the Sabbath. (See Hilchot Eruvin.)
One might ask why the Rambam mentions the reading of the Megillah and the eruv, but not the kindling of the Chanukah lights mentioned in the previous halachah. Similarly, one may ask why this issue was not discussed with regard to the recitation of the blessing over the Chanukah lights. A blessing should be recited for every definite obligation established by our Sages.16In addition to these four mitzvot, the mitzvot instituted by the Rabbis over which blessings are recited include the washing of hands before prayer and meals, and the lighting of candles before Sabbaths and festivals.
In contrast, if an obligation was established by the Sages because of a doubt - e.g., tithing d'mai,17D'mai refers to produce belonging to unlearned individuals whom the Sages suspected of refraining from separating the tithes required by our Sages. They required that the tithes be separated by anyone who acquired such produce. (See Hilchot Ma'aser, Chapter 9.) - a blessing is not recited.18The Rambam's statement is based on his interpretation of Shabbat 23a. The Ra'avad offers a different interpretation of the passage, which would require the recitation of a blessing for a Rabbinic mitzvah even if it was ordained only because of a doubt. Nevertheless, the Rambam's view is accepted by most authorities. [This principle invites a question:] Why is a blessing recited over the second day of a festival; its observance was ordained only because of doubt?19See Hilchot Kiddush HaChodesh, Chapter 5. Originally, when the calendar was determined according to the testimony of witnesses who saw the new moon, the inhabitants of the far-removed areas were in doubt regarding when the festivals should be observed. Hence, they began to observe two days. This practice was perpetuated even in the present age, despite the fact that we follow a fixed calendar. [This was ordained] lest it be treated with disdain.20The Sages felt that were the blessing not to be recited, the people would not regard these days as festivals.
(6) It is not the recitation of Hallel on Chanukah alone that is a Rabbinic ordinance,1Since Chanukah is a Rabbinic holiday, one might think that the recitation of Hallel on those days is Rabbinic in origin, while the recitation of Hallel on the festivals has its source in the Torah itself. This is not the case. but rather, at all times2i.e., on all the days that the complete Hallel is recited, [the obligation to do so] is a Rabbinic ordinance. - The Ra'avad notes that the Sages (see Pesachim 95b, Arachin 10b) consider Isaiah 30:29, "This song shall be to you as the night of the sanctification of the festivals" to be a reference to the recitation of Hallel. Because of this association with a Biblical verse, he considers the obligation to recite Hallel as different in status from other Rabbinic commandments. Indeed, the Halachot Gedolot considers this obligation to be one of the 613 mitzvot. This runs contrary to the position the Rambam mentions in Sefer HaMitzvot (General Principle 1), where he states that even those mitzvot ordained by the prophets are considered to be Rabbinic commandments.
The Maggid Mishneh explains that the verse in Isaiah reflects a command to recite Hallel in appreciation whenever God redeems us from difficulties. (For this reason, it is customary in certain communities to recite Hallel on the anniversary of a miraculous deliverance.) The custom of reciting Hallel on festivals, however, was established afterwards. - i.e., on all the days that the complete Hallel is recited, [the obligation to do so] is a Rabbinic ordinance.
There are eighteen days during the year when it is a mitzvah to recite the entire Hallel.3in Eretz Yisrael. There are three more days in the diaspora, as mentioned in the following halachah. They are: the eight days of Sukkot, the eight days of Chanukah, the first day of Pesach,4In contrast to the holiday of Sukkot, when a different musaf sacrifice is offered each day, on Pesach the same musaf sacrifice is offered every day throughout the holiday. Therefore, the entire Hallel is recited on the first day alone (Arachin 10b).
(Note also Megillah 10b, which states in connection to the splitting of the Red Sea, the major miracle associate with the later days of Pesach, "My creations are drowning in the sea and you desire to say Hallel!") and the holiday of Shavuot. Hallel is not recited on Rosh HaShanah and Yom Kippur, since they are days of repentance, awe, and fear, and are not days of extra5Rosh HaShanah is a day of happiness. Thus, Nechemiah 8:10, "Eat sumptuous foods and drink sweet beverages... for the happiness of God is your strength," is interpreted as a reference to Rosh HaShanah. Nevertheless, it is not a day of "extra celebration." celebration.6Arachin 10b relates:The ministering angels enquired before the Holy One, blessed be He: "Master of the world: Why do the Jews not recite songs [of praise] before You on Rosh HaShanah and Yom Kippur?"
He told them: "Is it proper that the King should sit on the throne of judgment with the book of life and the book of death open before Him and the Jews should recite songs [of praise]?"See also the Rambam's Commentary on the Mishnah (Rosh HaShanah 4:7). The [Sages] did not ordain the recitation of Hallel on Purim, because the reading of the Megillah [serves the purpose of Hallel].7On this basis, the Meiri states that a person who cannot hear the reading of the Megillah should recite Hallel on Purim.
(7) In places where the festivals are celebrated for two days, Hallel is recited on 21 days: On the nine days of Sukkot, the eight days of Chanukah, the [first] two days of Pesach, and the two days of Shavuot.21In order to emphasize that there is no difference between the first day of each holiday and the second, Hallel is recited on both days.
[In contrast,] the recitation of Hallel on Rosh Chodesh is a custom and not a mitzvah.22Arachin 10b relates that although Rosh Chodesh is called mo'ed (a festival), since there is no prohibition against performing work, there is no obligation to recite Hallel.
The recitation of Hallel on Rosh Chodesh is also dealt with in Ta'anit 28b. That passage relates:
Rav arrived in Babylon. He saw that they recited Hallel on Rosh Chodesh and thought of stopping them. When, however, he saw that they skipped portions, he [allowed them to continue,] saying, "They are perpetuating a custom practiced by their ancestors."
Rav studied in Eretz Yisrael at the time of the composition of the Mishnah and returned to Babylon shortly thereafter. We can thus conclude from this passage that at that time, it was not customary in Eretz Yisrael to read Hallel on Rosh Chodesh, and that it was not until the center of Rabbinic authority shifted to Babylon that this custom became uniformly accepted throughout the Jewish people. It is observed [only] communally. [To emphasize that it is a custom,] passages are skipped when it is read. A blessing should not be recited over [this reading], since a blessing is not recited over a custom.23The Rambam is reiterating a principle he stated in Hilchot Berachot 11:16, based on Sukkah 44b, which states that a blessing is not recited over the striking of the willows on Hoshana Rabbah, because it is a custom.
Some authorities object, however, explaining that the custom of striking the willows differs from the recitation of the Hallel. In the latter instance, since the Hallel is a lengthy prayer - in contrast to the performance of a simple action - it is proper to recite a blessing (Tosafot, Ta'anit 28b). Others differentiate between the communal recitation (see the following note) of the Hallel, where a blessing is required, and the recitation of these psalms by an individual, when it is not (Rabbenu Yonah, Maggid Mishneh).
The Shulchan Aruch (Orach Chayim 422:2) quotes Rabbenu Yonah's view and that of the Rambam, stating that it is customary in Eretz Yisrael to follow the Rambam's ruling. In his gloss, the Ramah quotes Tosafot's view, stating that this is the Ashkenazic custom.
A person [praying] alone should not recite [the Hallel] at all [on Rosh Chodesh].24Ta'anit 28b states:
There are eighteen days each year when an individual recites Hallel.... [With regard to Rosh Chodesh,] an individual does not begin. If he begins, he should complete it.
The halachic authorities differ in their interpretation of this passage: The Rambam interprets "does not" as "should not" - i.e., these prayers should be recited only communally and not by an individual. The Ashkenazim (Rashi and Tosafot) interpret "does not" as "need not" - i.e., the custom is an obligation on the community, which may be accepted by an individual if he desires.
In this instance, the Shulchan Aruch (loc. cit.) does not accept the Rambam's ruling, and states that a person praying alone should recite the Hallel. If, however, he began its recitation, he should complete it, skipping the passages the community would skip as he reads it.
Similarly, on the other days of Pesach, [the Hallel] is read while skipping passages.25Although most halachic authorities equate the latter days of Pesach with Rosh Chodesh totally, the Ramban differs and explains that there is a binding obligation on every individual to recite Hallel throughout the Pesach holiday. Nevertheless, he agrees that passages should be skipped in its recitation.
(א) כַּמָּה נֵרוֹת הוּא מַדְלִיק בַּחֲנֻכָּה. מִצְוָתָהּ שֶׁיִּהְיֶה כָּל בַּיִת וּבַיִת מַדְלִיק נֵר אֶחָד בֵּין שֶׁהָיוּ אַנְשֵׁי הַבַּיִת מְרֻבִּין בֵּין שֶׁלֹּא הָיָה בּוֹ אֶלָּא אָדָם אֶחָד. וְהַמְהַדֵּר אֶת הַמִּצְוָה מַדְלִיק נֵרוֹת כְּמִנְיַן אַנְשֵׁי הַבַּיִת נֵר לְכָל אֶחָד וְאֶחָד בֵּין אֲנָשִׁים בֵּין נָשִׁים. וְהַמְהַדֵּר יוֹתֵר עַל זֶה וְעוֹשֶׂה מִצְוָה מִן הַמֻּבְחָר מַדְלִיק נֵר לְכָל אֶחָד בַּלַּיְלָה הָרִאשׁוֹן וּמוֹסִיף וְהוֹלֵךְ בְּכָל לַיְלָה וְלַיְלָה נֵר אֶחָד:
(1) How many candles should one light on Chanukah? The1minimal requirement to fulfill the mitzvah is that a single candle should be lit2on each night of the holiday in each and every house,3Significantly, the mitzvah of lighting Chanukah candles is connected with an individual's home as well as with his person. Therefore, as mentioned in Halachah 11, a person who is a guest at the home of others need not share in the lighting of the candles if he knows that candles are being lit in his own home. regardless of whether there are many members of the household, or merely one person [lives] there.4Shabbat 21b states: "The mitzvah of Chanukah requires a candle for a man and his household."
A person who performs the mitzvah in a beautiful and conscientious manner should light candles for every member of the household,5Shabbat 21a.
From the Rambam's statements, it appears that the additional light is kindled by the master of of the household and not by each of the members of the household themselves. Even according to this interpretation, however, the custom of each child lighting Chanukah lights is valuable as an expression of chinuch, training them in the observance of the mitzvot. whether male or female.6As stated in Chapter 3, Halachah 4, women are obligated to fulfill the mitzvah of lighting Chanukah candles. Nevertheless, separate candles should not be lit for one's wife (Mishnah Berurah 671:9). Similarly, in some communities, even when candles are lit for every member of the household, they are not lit for girls under the age of Bat Mitzvah.
A person who is even more conscientious in his performance of the mitzvah than this and observes the mitzvah in the most desirable manner7Shabbat (loc. cit.) describes such a person as mehadrin min hamehadrin. should light candles for every member of his household, a candle for each individual, whether male or female, on the first night.8i.e., these people also fulfill the practice of the mehadrin. See Tosafot (Shabbat, ibid.), who differ. See also the commentary on Halachah 3. In addition, On each subsequent night, he should add a candle [for each of the members of the household].9e.g., on the second night, he lights two candles for each of the members of the household, as explained in the following halachah.
"IR1100Shabbat (ibid.) mentions a difference of opinion between the School of Hillel and the School of Shammai. The School of Shammai maintains that eight candles should be lit on the first night, seven on the second, etc. The School of Hillel, in contrast, maintains that "one should increase in holy matters and not decrease," and one therefore begins with one candle and adds a new candle every night.
The Rambam begins his discussion of lighting the candles and then interrupts it with 9 halachot about hallel and then returns to laws of candle lighting.
Also, in halacha 5 he notes that hallel is derabanan and nevertheless, we make a bracha on it as 'we learn by Megila and Eiruv. Interestingly even though the source of bracha is found in Chanukah candles, here he does not quote that. Instead he uses it for hallel.
Additionally, the title of the chapter is Megila and Chanuka in which there are two mitzvot derabanan. But that's not true, there is a third! Hallel!
RR conclusion: Ner Chanuka is the fulfillment of the mitzvah of hodaa as the Rambam interpreted the braita in Taanit. days of simcha, Hallel and Hodaa (candle lighting)
Ner Chanuka integrates the maase mitzvah together with the pirsumei mitzvah more than any other.
(א) סדר הברכה וההדלקה. ובו ה סעיפים:
המדליק בליל ראשון מברך שלש ברכות להדליק נר חנוכה ושעשה נסים ושהחיינו ואם לא בירך זמן בליל ראשון מברך בליל שני או כשיזכור:
(ב) מליל ראשון ואילך מברך שתים להדליק ושעשה נסים: הגה ויברך כל הברכות קודם שיתחיל להדליק (מהרי"ל):
(1) The Order of the Blessing and Lighting (that within it has 5 sections). The person who lights on the first night makes three blessings: "l'hadlik ner chanukah (to light Chanukah candles)" and "sh'asah nissim (who did miracles)" and "shehechiyanu (that we were sustained)". If they did not remember the blessing pertaining to time (i.e. the "shehechiyanu") on the first night, they can make that blessing on the second night or whenever they remember.
(2) After the first night they make only two blessing, "l'hadlik (to light)" and "sh'asah nissim (who did miracles)". Rema: And they should say all of the blessings before they begin to light (Mahari"l).
