Leftover oil and wicks
Revision as of 01:03, 8 November 2011 by YitzchakSultan (Created page with '==The extra oil and wicks== # One can add oil to the leftover oil and wick from the previous day and reuse it. If there’s leftover from the eighth day, it’s forbidden from be…')
The extra oil and wicks
- One can add oil to the leftover oil and wick from the previous day and reuse it. If there’s leftover from the eighth day, it’s forbidden from benefit and should be burned in a separate bonfire. That only applies if the oil and wicks were leftover before the mitzvah was fulfilled, meaning that the candle went out within the half hour of mitzvah. However if the candles burnt for the half hour of mitzvah, the oil and wicks are permitted. Some hold that anything that put in the Chanukia is assumed to be set aside for the mitzvah and is forbidden. To satisfy all opinions one should stipulate when putting in the oil that only the oil for the half hour of mitzvah should set be aside for the mitzvah. 
- Extra oil in the container that wasn’t poured into the Chanukia or oil poured into the Chanukia that was never lit is permitted. 
- One who has forbidden oil should burn it and not keep it around until next Chanuka. Some have the Minhag to keep it until the burning of Chametz. 
- Even though one isn’t allowed to nullify a forbidden object Lechatchila, after the fact if forbidden oil was mixed with 60 times that amount of permitted oil, the forbidden oil is nullified. If some oil was already added, then one is permitted to add more permitted oil to nullify it. Some say that even in that case one can’t nullify a forbidden object Lechatchila. 
- Oil that was leftover after the 8th day of Chanuka can’t be used and must be burnt in a separate fire  or can be thrown out.  Some have the minhag to or together with one’s Biyur Chametz. 
- This only applies if the amount of oil was placed in the cup and it turned out that there was extra, however, if one originally filled the cups with extra oil it’s permissible. However, some are strict unless one made a stipulation that the extra oil is permissible. 
- Oil left in the container is totally permissible. 
- The wicks have the same halacha as the oil. 
- Oil that was leftover from one day of Chanuka and only the precise amount of oil was put into the Chanukkya one may use that oil the next day even for only the additional candles. 
- Midrash Tanchuma (Naso 29) says one can use oil from one day to the next but after the eighth day one has to burn the extra oil. Shiltot (Siman 27 Shielta 2), Pesikta Rabati 3 pg 22b, Tosfot (Shabbat 44a D”H Shebaner), Smag, Smak 280, Mordechai (Shabbat 265-6), Roke’ach 226, Sefer Eshkol (2 Chanuka pg 20), Rabbenu Yerucham 9:1, Rabbi David Avudraham (Tefilat Chanuka) and Ohel Moad (Chaunka 2) quote this midrash as halacha. Bet Yosef asks on the Tur 677:4 and Rosh(Shabbat 2:9) who quote this as halacha but also hold the opinion (Tur 672:1-2 and Rosh Shabbat 3) that if the candle lasts more than the required half hour it’s permitted to extinguish it or benefit from it. The Ran (9a D”H Iy Nami) clearly saw these two opinions as contradictory as he comments that the Rif 9a says one can benefits from the candle after the half hour argues on the Geonim who say that the oil is forbidden for benefit after the 8th day. [So it seems from Ramban, Rashba and Ritva (Shabbat 21a).] However Bet Yosef says it can’t be contradictory because the Tur rules like both and that the Tur and Rosh put these topics in very different simanim. Rather Bet Yosef explains that in Tur 672 the case was when more than the required oil was added and so it’s permitted after the required time but 677 is a case where only the required oil was added and so the extra oil is set aside for the mitzvah and is forbidden. The same difference is clear in the Hagot Maimon (Chanuka 4:4), Mordechai 266, and Sefer Eshkol (2 Chanuka pg 20). S”A 677:4 rules like Tur and Rosh (and the Rif, Rambam and Shiltot according to his answer) that the required amount of oil would become forbidden but the oil more than that is permitted. Sh”t Maharshal 85, Darkei Moshe 676:5, and Taz 672:1 agree to the S”A. Bet Yosef quoted the Mahari Ahuvhav as a second answer that the oil is only permitted if one specifically set aside the required amount for the mitzvah but Stam(without any declaration) the extra oil is forbidden. Bach, Pri Chadash 677, Knesset Hagedolah agree with this second answer. Magan Avraham 677:6, Eliyah Raba 677:2, Chaye Adam 154:31, Mishna Brurah 672:7, 677:18 and Torat HaMoadim 5:25 say that one can hold like S”A but it’s preferable to stipulate clearly that it’s permitted to satisfy the opinion of the Bach. [Piskei Rid and Riaz(Shabbat 22a) and Rabbenu Yishaya Harishon (Shababt 45a) give a third answer that only on Chanuka it’s permitted and afterwards it’s forbidden.]
- According to the opinions in the last halacha that extra oil that was lit is permitted certainly permit in our case. And even the opinions that forbid extra oil that lit in our case may permit because it was only set aside for the mitzvah and never used. The Kaf HaChaim 677:28 in name of Berot Mayim 27 that extra oil in the container is permitted. So says Ikrei HaDaat 35:32, Biur Halacha 677 (D”H HaTzarich), and Torat HaMoadim 5:26. [Sh”t Bet Av P”C 98 says that originally Peni Yehuda forbad it and then retracted.] Olot Shabbat 672 based on the Rama says one shouldn’t use oil that was put in the Chanukia and not lit. However Sh”t Mahari MeBruna 51, Sharei Knesset HaGedolah 673:8, Magan Avraham 673:8, Eliyah Raba 673:11, Erech Hashulchan 672:5, Chazon Ovadyah (Chanuka pg 160) hold it’s not forbidden because it’s just designated but not set aside specifically for that purpose. Seemingly a stipulation should permit it according to all opinions as in the case where the extra oil after it was lit for a half hour is permitted with a stipulation (See Mishna Brurah 677:28). Torat HaMoadim points out that for Sephardim it’s certainly permitted because S”A disagrees with Rama that was the basis for the Olot Shabbat.
- Tur 677 in name of Maharam MeRotenburg says not to keep it until next Chanuka because someone may come to use the forbidden oil. Brought down by the Achronim including Mishna Brurah 677:19, and Torat HaMoadim 5:27. Halichot Yosef pg 499 writes that the Minhag Balza is to use it for burning chametz.
- See Chazon Ovadyah (Chanuka pg 160-6) and Torat HaMoadim 5:28 at length.
- S”A 677:4
- Piskei Shemuot pg 135 in name of Rav Chaim Kanievsky
- Piskei Teshuvot 677:9
- Mishna Brurah 677:18
- Biur Halacha D”H HaTzarich
- Piskei Teshuvot 677:9
- Piskei Shemuot pg 134 in name of Rav Nassim Karlitz