[By Rabbi Yair Hoffman for the Five Towns Jewish Times]

There are a number of fascinating halachic debates concerning where Yeshiva students should be lighting their Chanukah menorahs. When dealing with in-town Yeshivos, there are hundreds of Yeshiva boys who eat supper in Yeshiva but who sleep nearby in their own homes. Where should these Yeshiva students be lighting their Chanukah menorahs?

THE VIEW TO LIGHT IN THE HOUSE

Rav Elyashiv zatzal held that boys who eat their meals in Yeshiva but who sleep at home, should be lighting at home (Shvus Yitzchok Vol. V Hilchos Chanukah 6:4 cited in Sukkas Chaim Vol. II p. 264). The rationale is because the eating in Yeshiva is not considered a kvius a set place where they are established – rather it is considered like a regular restaurant where one pays for a meal. This is also the view of Rav Moshe Shternbuch shlita (See Teshuvos v’hanhagos Vol. III 215:13).

There may also be another rationale to light at home. Of late, there has been a serious decline in halachic observance where people are erroneously lighting Chanukah candles at parties and at weddings. Most Poskim are of the opinion that this is completely forbidden and the recitation of a bracha at these venues constitutes a bracha l’vatalah.

THE VIEW TO LIGHT IN YESHIVA
On the other hand, Rav Chaim Kanievsky zatzal was of the opinion (Kuntrus Gam Ani Odeka question #44) that a Yeshiva boy who eats in Yeshiva and sleeps at home should light in Yeshiva. Rav Vosner zt”l (See Shaivet HaLevi Vol. III Siman 83) agrees with this position and explains that there is a kvius – an established set place, here.

How so?

Rav Vosner held that they are there in Yeshiva all day and thus are established there – even if they are not sleeping there. This is not to be considered “arai” – temporary. This was also the view of the Chazon Ish as explained in Orchos Rabbeinu (Vol. III page 26 footnote 94). Dayan Fisher zt”l also held this way (See Kuntrus Dinei Hadlakas Neiros Chanukah #1).

SO WHAT TO DO?

This is not the first time that Rav Chaim Kanievsky zt”l has argued with his father-in-law zatzal. As many people who have visited Rav Chaim Kanievsky in the past are well aware, if you were wearing a watch, Rav Chaim would speak up and tell you not to do so. While his father-in-law was alive, however, he did not do so. Rav Elyashiv zatzal did wear a watch.

Each Yeshiva student should, of course, follow the ruling of his family Posaik. However, since it is a huge debate in halacha, Dayan Weiss zatzal (Minchas Yitzchok Vol. VII #48) proposed the following suggestion: During Chanukah, these Yeshiva students should try to eat supper at home and therefore remove themselves from halachic questions.

If, however, the proposal would involve bitul Torah, then they should follow the view of lighting in Yeshiva and consider their entire day in Yeshiva as setting the kvius. This was also the view of Rav Nissim Karelitz zt”l (Sefer Chanukah 9:18).

The reader thus sees that the underlying issues are far from simple. Of course, one can follow the suggestion of Dayan Weiss zatzal, but then another question arises: How much time would constitute Bitul Torah? If it delays only ten minutes should Dayan Weiss’s suggestion be followed? What about 30 minutes? All of these questions should be posed to one’s own Rav or Posaik. A freilechen Chanukah!

The author can be reached at [email protected]