Transferring Oil for Hanukkah Candles
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Question
Shalom and blessings, dear Rabbi. I suddenly won't be able to be home today, and I asked my neighbor to light the candles for me and appointed him as my emissary over the phone. However, there is no key to the house in the area, so I also asked him to fill his own oil into the cup of the Hanukkah menorah located at the entrance of the house outside. Do I also need to ask him to transfer the ownership of the oil to me?
Answer
The emissary lighting on behalf of another must perform an acquisition of the oil. Ask your neighbor to intend to transfer the oil to you. If the place of the menorah belongs to you, you can acquire it through the acquisition of the courtyard. If the place is not yours, ask your neighbor to have someone who is not a member of his household acquire the oil [by lifting it with the intention to transfer it to you].
Source
In the early sources (Ramban, Ritva, Ran, Rabbeinu David, Meiri Pesachim 7), it is explained that the oil must be his. However, according to the law as explained in Mishnah Berurah (Siman 673, Sif Katan 2), it is not required for the oil to belong to the one lighting. It must be said that only for an emissary lighting is it required that the lighting be from the sender's oil, but one who lights himself does not need the oil to be his through an act of acquisition; Azmera Leshimcha (Issue 118).
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