Lighting the Menorah in High-Rise Apartments

Question

I just moved into a new apartment in a high-rise building, and my flat is well over twenty amot above the street. So, where should I light the Chanukah menorah: by the entrance of the building or by the window, even though it's so high up?

Answer

Thank you for your question.

The answer:

Light the menorah by your window, and place flashing or colored lights next to it.

The answer in detail:

Living in a high-riser;

The Talmud speaks about a flat that is on a higher floor as follows

תלמוד בבלי מסכת שבת דף כא עמוד ב

תנו רבנן: נר חנוכה מצוה להניחה על פתח ביתו מבחוץ. אם היה דר בעלייה - מניחה בחלון הסמוכה לרשות הרבים

Tractate Shabbos, page 21b:

The Sages taught: The mitzvah of the Chanukah menorah is to place it at the entrance of one's home on the outside. If one lives in an upper story, he should place it in a window adjacent to the public domain(Reshut Harabim).

There is a big dispute between Rashi and Tosfot on how to interpret this Halacha:

The opinion of Rashi :

רש"י מסכת שבת דף כא עמוד ב

מבחוץ - משום פרסומי ניסא, ולא ברשות הרבים אלא בחצרו, שבתיהן היו פתוחין לחצר

“From the outside" - for the sake of publicizing the miracle . And not in the public domain, but in his courtyard, as their houses were open to the courtyard.

תוספות מסכת שבת דף כא עמוד ב

מצוה להניחה על פתח ביתו מבחוץ - ומיירי דליכא חצר אלא בית עומד סמוך לרה"ר אבל אם יש חצר לפני הבית מצוה להניח על פתח חצר

The mitzvah is to place it at the entrance of his house from the outside - and this refers to a situation where there is no courtyard, but rather a house standing close to the public domain. However, if there is a courtyard in front of the house, the mitzvah is to place it at the courtyards entrance

We see that there is a machlokes whether one should light the menorah at the entrance to his house (Rashi) or the entrance to the courtyard from the Reshut harabim (Tosfot)

Hagaon Rabbi Amrom Fried gives two possible explanations as to the reason why they argue.

1. Rashi holds that it is also important to publicize the miracle to people of one's household aswell not only to the people who pass-by in the Reshut Harabim. Therefore, even though placing the menorah at the entrance of one's home may minimize the exposer of the menorah to the people in the Reshut Harabim but at least the people of one’s household will be able to see it as well.
Whereas Tosfot holds, that the most important objective is that the people passing in the Reshut Harabim can see the menorah. Therefore, one should light it at the entrance of the courtyard.

2. Rashi holds that it is enough that the people who share the same courtyard see the menorah whereas Tosfot hold that it is not enough and one needs the people of Reshut Harabbim to see the menorah.

The difference between these two approaches is whether one may light at the entrance to his flat facing the staircase, according to the first approach it would not be good enough since the people of the Reshut Harabim don’t see the Menorah. According to the second approach then it would be good according to Rashi since the people who share the staircase are able to see the menorah.

The Shulchan aruch writes that one should light at the entrance of the courtyard like the opinion of Tosfo,t however according to Rashi in this situation one would not be yotse (exempt) with this.

We find that the Biur Halacha Siman 771, 5 writes that we should accommodate the opinion of Rashi.

Therefore, in order to accommodate both opinions, Hagaon Rabbi Amrom Fried Shalita says that one should light by the window facing the reshut harabim. In this manner, according to Tosafot, it is kosher since the Reshut Harabim sees it, and also good according to Rashi, since the members of the household see it too. (This was also the opinion of the Chazon Ish).

Since Tosafot holds that the people of the Reshut Harabim need to see the menorah, in your case, where a flat is so high up, even though there may be flats opposite who can see your menorah, nevertheless, since it is higher than twenty amot, it is not visible to the people of the Reshut Harabim.

Therefore, what you should do is bring flashing lights or colored lights, and place them next to your Menorah, and then it will attract the attention of the people in the Reshut Harabim. In this way, it will be kosher even according to Tosafot.

 

Wishing you a Chanukah S’ameach.


Source

Talmud Bavli, Tractate Shabbat 21b

Rashi on Shabbat 21b

Tosfot on Shabbat 21b

Biur Halacha, Siman 671, Seif 5

Azamroh Lishmecho page 99


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