Luxurious Menorah or Halachic Height
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Question
I live in an apartment building and light the menorah in the window. I measured the height from the street, and it is very borderline. If I place a simple menorah on the window, the flame will be within the required height. However, if I light the luxurious menorah I received for my wedding, the base of the menorah will be within three tefachim, but the candle and flame will not be within the required height. What should I do?
Answer
It is preferable to light the simple menorah, as it enhances the mitzvah to fulfill all opinions. The poskim (halachic authorities) are divided on whether to measure the height of the candles from the place of the flame, from the candles, or from the menorah. On this matter, the poskim are divided, and practically, we hold that the measurement is from the place of the flame.
Source
Shulchan Aruch (Orach Chaim, Siman 671, Paragraph 6); Mishnah Berurah (Subparagraph 28); Azmera Leshimcha Bulletin (Issue 118).