Height of the Candles
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Question
I live in a residential building and light candles in the window. I measured the height from the street, and it is very borderline. If I place a simple Chanukiah on the window, the flame will be within the required height, but if I light with the ornate Chanukiah I received for my wedding, the base of the Chanukiah 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 with the simple Chanukiah, as this is a hiddur 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 Chanukiah. In this matter, the poskim are divided, but practically, we hold that the measurement is from the place of the flame.
Source
Shulchan Aruch (Orach Chaim, Siman 671, Seif 6); Mishnah Berurah (Subsection 28); Azmera Leshimcha (Issue 118).
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