Hilchos Ner Chanukah: Mehadrin Min HaMehadrin, Hiddur Ad Shlish, and Bayis vs. Gavra

Transcript

Come on, rabosai, let's go, let's go. Obviously. Okay. In the din of mehadrin min hamehadrin. So of course we know there's two shitos. There's the Rambam that baal habayis lights, mehadrin min hamehadrin, mosif v'holech ner l'chol echad mibnei habayis. Ashkenazim have the mehadrin min hamehadrin that the bnei habayis light. Okay. There's a famous she'eilah: how could there be בכלל be a din of mehadrin if the halacha is hidur mitzvah ad shlish? Hidur mitzvah, you don't have to pay more than a third of the mitzvah. Mehadrin min hamehadrin, at the end of the Chanukah, you're doing a lot more than shlish. So how could there be a din of mehadrin min hamehadrin? Famous she'eilah. So if you look on your sheets, I gave you down, b'din mehadrin min hamehadrin, shemosif v'holech ner l'chol echad v'echad. You do a kushya: harei hidur mitzvah rak ad shlish. That's a Gemara in Bava Kamma, daf tes amud beis: hidur mitzvah ad shlish, till a third. So you're not mechuyav to pay more than a third of the mitzvah, a third of the percentage of the mitzvah, more than the actual mitzvah. So how could there be a din of mehadrin by ner Chanukah? U'metartzim, and the famous teretz is: the hidur mitzvah ad shlish ne'emar b'hidur shebechefza damitzvah. And when we're discussing the object, and you want to make a nicer object, the cheftza, then it's ad shlish, v'loi b'kiyum hamitzvah. But not where there's a hiddur in the kiyum, in the doing. What is the minhag of Ner Chanukah? Who din hiddur, b'kiyum hamitzvah v'loi bacheftza. You understand this? It's the way you do the mitzvah; it's not the actual neiros of Chanukah. This is yadua, the famous teretz, v'lachoira yiksha. I'm going to ask a question on this. The bedin hiddur mitzvah ad shlish, which is in Bava Kama, daf tes amud beis, shitas Rashi, d'chayiv l'hosif l'chol ma shehava yosefes hiddur: talis na'eh, tefillin na'eh, anything, anything which is nogea to even the cheftza of the mitzvah, Rashi holds is called a hiddur mitzvah. Shitas Tosafos: Tosafos does not learn like Rashi, hiddur mitzvah which means talis na'eh. Rather, what does he learn? It's going on a story of an esrog, that he found an esrog egoz, which is not so nice, it's like a walnut, v'echad gadol mimenu, which is much nicer, and it's shlish, so therefore you koneh, till a third he should buy it. After a third, which means it's a shenere esrog, it's a nicer esrog, buy it. So what is the chiluk between Rashi and Tosafos? Rashi learns—take out the Gemara Bava Kama and read the Rashi, tes amud beis, quickly, זאָגט Rashi. Oh, he found two sifrei Torah. Both of them are kosher, yeah. He found a chavero. Oh, Yosef shlishi hadamim, he takes the nicer one. Go ahead. Comes along Tosafos, and he says, No, no, no, Rashi, it's not the pshat. What's the pshat? He found it's the size of a walnut. Very small, right? Especially for, let's say, Teimani, you know, they need these big esrogim. We have this esrog keneged... not good. Okay, yeah. So technically it sounds like they're both saying the same thing. One's saying in the cheftza, and the other one's talking about the cheftza, right? One is saying the cheftza, talis not tefillin. One's saying, esrog no. They wouldn't argue, right? They're not stam—Tosafos didn't stam think of a case. The Acharonim explain. Say the Acharonim, yeah. U'vebiur machlukasan, the Rashi v'Tosafos muva b'Acharonim, shel'Rashi din hiddur mitzvah shelish ne'emar b'hiddur sheb'cheftza.

Well, the Tosafos nemra b'hiddur b'kiyum hamitzvah. It's in the kiyum hamitzvah. She'esrog shekasher b'hiddur hu tosefes hiddur b'ma'aseh mitzvah b'kiyuma. So I wanted to answer that, your question, with just this last few words. Yes, that according to Tosafos, an esrog which is more mehudar, it's a hiddur in the kiyum hamitzvah. Even though we're talking about looking in the chefetz, of course. But since it's more mehudar in hilchos esrog, tealisna, it's just more mehudar in what it looks like. It's not more mehudar in hilchos tzitzis, and a chanami, if you would have a tzitzis which is more mehudar lahalacha, that would be in the kiyum. But if it's mehudar in what it looks like, that's in the chefetz. So Tosafos is talking about a hiddur in the kiyum. Okay. Ve'im kein, l'daas haTosafos, lefi birach acharonim, yiksha. It's still shver, why? Mai shna min Chanukah, shekein yesh din hiddur b'kiyum hamitzvah ad shlish, va'afilu yoser. According to Rashi, you could come and say the din of hiddur mitzvah is in the chefetz. It's not in the kiyum hamitzvah. Masha'en kein, according to Tosafos, that learns it's even in the kiyum hamitzvah, it's ad shlish. So how could ner Chanukah be ad so much money to be ad shlish? Huh? Says Rebbe's question? What's the chiluk in what? Here and what? I can't hear you. No, that's not what I said. What I said was one is a hiddur in the object, it's a nicer talis, but it has nothing to do with the kiyum hamitzvah. You're not mekayem the mitzvah better. Mashein kein by eser, yibin mekayem the mitzvah better because it's more kosher. Nicer! No, just it's nicer. The klaf is nicer. The osiyos are written nicer. What are you mekayem better? What are you mekayem better? Nicer. The sofer has a nicer handwriting. What does that have to do with anything? It's better. You make things even better then, because it's in the kiyum hamitzvah. We're gonna discuss that. We're gonna discuss that. Well, it says mehadrin. It says mehadrin, right? It's a hidur mitzvah. The question is, how can you pay so much? We can discuss what is the mehadrin mehadrin. It's gold. We're just starting. This is my starting point. You wrote all this to him? Yeah. We deal with it in twenty minutes. Yeah. And then worry about how much you wrote. How is he gonna write back? What are you gonna do? Okay, now. Ha'im yecholim letaretz. So now I'm asking Rav Chaim Kanievsky the following: Ha'im yecholim letaretz. Ha'im yecholim letaretz. Maybe we can answer. I'm asking if yecholim letaretz hatirutz kacha: dema shechidshu Tosafos v'sofrim, d'ein hiddur ela ad shelish b'kiyum mitzvah, hainu rak k'shahiddur hu b'kiyum hamitzvah al yedei zeh shehahiddur hu b'tzuras hamitzvah. You notice that you guys were all having a hard time understanding. What do you mean? But it's a nicer esrog. How is a nicer esrog kiyum hamitzvah? And the answer is, because the tzurah is better, so meila the hiddur in the kiyum is better. Okay, that's true. That I could hear is a one type of hiddur. It's a hiddur in the kiyum, true, but it's a kiyum because of the tzurah, right? Ma she'ein kein, shh, ma she'ein kein. Aval heicha sheyesh hiddur b'kiyum hamitzvah, al yedei zeh sheyesh tosefes asiyah, you're doing more, kegon b'ner Chanukah she'moisif badlakah, moisif holech, ner l'chol echad v'echad, az b'emes ein haklal vadin d'hiddur ad shlish. What do you say, Rafi? You like it? What? Why, yeah? What do you like about it? Not to me. What's the difference? I don't know. Why is that the rule? I don't understand. If there's a halacha you're not mechuyav to pay more for a hiddur mitzvah, so what's the hiddur in the kiyum of the ma'aseh, of the cheftza, of the gavra? What are you talking about? What's nice is the chiluk, but why should it be that way? Why should it be that way? So I write this: mi utzarchin. So first I want to know if this is a good teretz. So the answer is, Daniel, time is a good teretz. I don't need Rav Chaim Kanievsky. Okay.

Mi'ut tzarich iyun, mi'ut tzarich iyun, mai shna? What's the difference? Lama b'hemesh yechiluk כזה בין הידור בקיום המצוה שמהדר בצורת המצוה, לבין הידור בקיום מזה שמהדר בתוספת מעשה המצוה? What's the difference? I mean, the pshat is you're not mechuyiv to give so much for a mitzvah, so what's the difference if I crack it this way or I crack it that way? The bottom line is I'm giving more for a hiddur mitzvah. Bishlama according to Rashi, the hiddur has nothing to do with the mitzvah b'chalal; it's just to make a nicer thing. Fine, okay, good. Mashenkein for the kiyum hamitzvah you have to pay more, fine. But once you're talking about the kiyum both ways, what's the difference if the kiyum is because of the tzurah of the kiyum or because of the ma'aseh? You don't hear my question? Or Rashi here. Rashi is a beautiful word. Rashi is saying, you're not being yotzei the mitzvah better that way; you want to make a nicer cheftza. Why should he give— That's what he's saying, Rashi, ad shlish. So if it's in the cheftza, it's ad shlish. Mashenkein if it's just kiyum, maybe a Rashi would maskim, pay. For a mitzvah you have to give all your money. Rashi is saying, for hiddur mitzvahs only when it's a nicer talis. Who says you need a nicer talis? Okay, ad shlish. But if it's in kiyum hamitzvah, so the pshat is kiyum hamitzvahs are aseh; give up all your money for an aseh. Who cares? Where does it say you should give up all your money for an aseh? Talk about every night. Let's say you make a mehadrin. Do you have to give mehadrin and pay eight times? And if you have twenty people in the house, twenty times over the first candle. Who says you have to pay so much? Where does it say? Ela mai, because the hidur mitzvah, the kiyum ha-mitzvah, what's the difference? Seif kaf-saif, it's mitzvah. So if you hold a kiyum ha-mitzvah, you could taka give more, fine. But if you hold even a kiyum ha-mitzvah, what comes from the tzurah, that you can't give toisfos. So why does Tosfos hold over here that you could give hidur mitzvah more than shlish? That's the kasha. Now, u'kefshutah yesh loimar, kefshutah you have to say, l'shani Ner Chanukah. Ner Chanukah has nothing to do with this. Deha din mehadrin hu me'ikar ha-din. Shekach nisakna ha-mitzvah me'ikara, sheyesh oifin l'kaymah b'hidur, mehadrin u'mehadrin min ha-mehadrin. That that's not pshat that there's a mitzvah cap, and then you're mehader. They started the mitzvah l'chatchila that way. And the reason for this would be, u'mishum shehipidu ha-chashmonaim l'hadlik ha-menorah b'taharah, af al pi shetumah hutrah b'tzibur, v'zeh hoyse kiyum hadlakah b'hidur. They didn't have to do it the way they did it; they did it b'hidur. U'meileh, le'eser la-din d'hidur mitzvah ad shlish sheyesh b'shaar mitzvos. Now, I didn't want to write this to Reb Chaim. The Brisker Rav says this nusach, that there's no sugya of hidur mitzvah by Chanukah. He says the din of hidur mitzvah ad shlish doesn't apply to Chanukah. You have the Brisker Rav, we have a Brisker Rav in town. We don't have the Chiddushei Maran HaRiz. So bring it, let's read inside. No, so I can't write to him that the Brisker—it's not, you know, Reb Chaim is not—the Brisker Rav says it. It's not negeia. You can't—Reb Chaim is Gemara, Rambam. You can't be busy with it. It says the Brisker Rav. It's not. Well, lekatchilachem creates heter. You're asking a very good ha'ara. You're asking a good ha'ara, but it wasn't mesukan that you have to pick an issur mehudar. That's not what it says. Again, the Torah never said that you have to go look for hiddurim. It's telling you the ta'am. It's telling you the ta'am. Creates heter, and then there's hiddurim that you decide to take. It tells you the ta'am. You're mekayem pri eitz hadar within one, like an esrog also. The ra'ayah, you want to be mehader in the pri eitz hadar. They were mesaken it that way. They were mesaken mehadrin min hamehadrin. The chachamim were mesaken it that way. That's not true. They were mesaken that you're supposed to be mehadrin. Okay, so watch out, let me answer him. So what's your problem? Okay, now you want to hear my whole shiur for Chanukah. First of all, there's a whole shaila if there's a hiddur in the Chanukah, in the Chanukiyah, bichlal, that we spoke about years ago.

I’ll ask you, two years ago, there’s no Chanukiah. It’s the neiros. You don’t have to have a— you don’t have a candelabrum. ... The heter is in the lighting of the candle itself, or the amount of candles. There’s a shaylah if there’s a heter in the shemen. We spoke about this also. We talked about all this years ago. Okay, now, listen carefully. So let’s see here. Brisker Rav, he says a pshat. He says like this. He says like this. Here he says, Ulam nirah, the lashon hamehadrin, mashma, shh, mashma d’ein chiyuv l’hadr, v’ein b’zeh af mitzvah l’chatchilah. There’s no chiyuv. There’s not even a mitzvah, rak l’mi sherotze l’hadr. V’al zeh hu sheheivi Mechaddinah d’ad shlish b’mitzvah. V’shuv matzasi b’peirush haRach, ad shlish mi’shelo, k’loimar muzharin l’hisnaheg b’mitzvah ad shlish. M’kaven echad me’osav, yasar al shlish midah yeseirah oser. She’im ba l’adam mitzvah, yasar mi’shlish, v’eino chayav. K’gon, l’hadar mitzvah yoser mi’shlish, v’hadar mitzvah. Mehadar mitzvah meshubach. K’detanina b’ner Chanukah, mehadrin, v’mehadrin min hamehadrin, u’kemo d’mushkein hein ha’dvarim. In other words, there’s no din of hiddur, peirush. The din of hiddur ad shlish is said because there is no din hiddur. It’s only if you want to be mehader, you should do it. If you want to say pshat, there’s no din of hiddur mitzvah ad shlish by neiros Chanukah. The whole takanah was different. It wasn't pshat there was an amount, and then there's a hosafah if you want, you can be mehader ad shlish. They're telling you that the mitzvah takah is only this, ner Chanukah one. You want to go and be mehader, so go do it. So there's a few ways how you can learn this Brisker Rav. You can learn this Brisker Rav like what we're saying, pashut. The takanah was l'chatchilah that way, that if you want, go and then be machmir. Or you could say that he's saying a p'shalomdushe vort, that even when you do it, you're not doing a hiddur mitzvah; you're doing what you want to do. You're doing that you're being mehader, which we'll speak about a little bit later. The mehader is not so much in the ma'aseh, it's in you. If you want to be a mehader, if you want to be an ehrlich Yid, so go do this. But it's not hiddur mitzvah to do so much. Later on I'll show you, I learned this, that the mehader, the Rambam calls it that. If someone wants to be mehader, so then he does mitzvah min hamuvchar. It's called mitzvah min hamuvchar, it's not called hiddur mitzvah. That has nothing to do with hisna'eh lefanav. That there's two ways how to learn this Rach. I didn't want to be marech in the letter, because I wanted Reb Chaim to sit there and have to learn my havanah in the Brisker Rav. I didn't want to go there. I tried to jump away, but it's pshat in the Brisker Rav, and there's two ways how to learn this Brisker Rav. Okay, you understood? Either you learn the Brisker Rav, it has nothing to do with hiddur mitzvah, because that's the takanah. What do you want? Or the pshat is that they never told anybody to make a hiddur mitzvah. They told you, if you want to be mehader, you want to be an ehrlich Yid, go do it this way. Okay. This is kipshuto, that it's me'ikar ha-takanah. And I gave a reason, which is my reason. My reason is because of tumah hutrah, they did it with a heter to do it b'taharah. The Beis Halevi gives a different reason. The Brisker Rav brings the Beis Halevi. והנה הבית הלוי על התורה כתב הטעם, למה תיקנו בני חנוכה מהדרין, משום שיכולים לעשות פסילה דקה ביותר. If they wanted, they could have chopped up the psilos and made it smaller. Who tells you you need these big fat rebbishe wicks? You ever see the way the rebbes—it's almost like a—you have to call the fire department, you know, they think the building's on fire, right? Those aren't ruchnistic fires, are they? Those are real fires, no? Oh, I thought maybe it is. Okay, now. משום שהיו יכולים לעשות פסילה דקה ביותר, שתהיה חלק שמינית ממה שהיו רגילין בחולין, ואז היה מספיק לח' ימים, והדרו לעשות פסילות עבים, שידליקו יפה. לכך תיקנו מצוה זו דנר חנוכה הידור יותר מכל מצוה. האם הדלקה בפסילות עבות נחשב הידור במעשה המצוה או בצורת המצוה? That's what I want to know. What would you call that? Would you call that a hiddur in the maaseh, or it's a hiddur in the tzurah? What's that called? Let's analyze. By what should we call it? By esrog, what did we call it?

That we called it a hiddur in the tzurah, in the kiyum, but in the tzurah of the kiyum, yeah? This might be a little different, no? Better wicks, lights better. I mean, what was the right way to do it? There was a standard on how to do it, no? If every night they used to do it with a certain wick, מסתמא the hiddur was to light it the way they did it every time, no? So what would you call that, in the tzurah, or would you call that in the kiyum? What are you, Taina Rafi? You think both. You're a very smart guy. You know how to get around things. Both. You can hear both. That's my question. Then I say, but what about according to what we're learning? וכמאי קמשיילא, לפי מה שכתבנו דהידור עשוי שידליקו בטהרה, אף על פי שיכול להדליק בטומאה, האם זה נחשב הידור במעשה המצוה, שידליקו בשמן טהור, או שמיקרי הידור בצורת המצוה שעשו הדלקה בטהרה? What would you call that? Is that called a hiddur in the maaseh, because he did it with shemen tahor? Or is that called a hiddur in the hadlakah? Hadlakah b'taharah. It's a nicer hadlakah. It's a more proper hadlakah. More like esrog? Is it more like esrog or not? Yeah. Shemen zayis, is it called a hiddur mitzvah or mitzvah min hamuvchar? The way a person can put it down is mitzvah min hamuvchar. Who says it's a hiddur? Because the best way of fulfilling the mitzvah is like you did in the Beis Hamikdash, which is shemen zayis. It's, I've been ... also has a ... you thick, thick rings, because that's what they always use it. So melo what? So that's what I'm asking. Is it in the kiyum, or is it in the tzuras hamitzvah? I don't know. I'm saying, is it hiddur because it's the right way how to light, or is it hiddur because it looks nicer? I mean, the ... because it looks nicer. There's no difference in looks from the outside of pure oil, not pure oil, you can't tell. Sure you could tell. I mean, it's a better flicker. Flicker's nicer. No, no, they were talking about shemen tahor or tamei. You can't tell. Yeah, but then I could come and say that the hadlakah was b'taharah. When I mean tzurah, tzurah doesn't have to mean physical tzurah. Tzurah means the way I... yeah. תלוי, אתה שואל אשכנזי, ליטאי או חסידי, תלוי. No, no, it's not from the side of chiyuv; מצד הדלקה בטהרת. That's called, also, הדלקה בטהרת. He says, היה ענין להדליק בטהרה פה. ודאי, זה מה שאתה שואל. למה הדליקו בפך שמן טהור? שידליקו בפך טמא. That's what I'm saying, היה הידור, הקדוש ברוך הוא מתרץ הידור. The Beis Halevi doesn't give this the reason. I would have given this the reason. I don't know why he doesn't give that the reason. That could be the reason, the pnei ישועה. That's later. First let me see what Rav Chaim holds. I have opinions about all this. This is, you should know, this is not a real shiur. This is just, once I get back the information, it'll answer to me a lot of questions that I have in Hilchos Chanukah. I have kiveigers that I have to work on, the mitzvah bracha, you don't make a bracha on a hiddur mitzvah; you do make a bracha on a hiddur mitzvah. We'll discuss all this. Oil? Not for oil. For the kiyum hamitzvah. But for the hiddur, you're not. It says, mochek ksusoi, because it's pirsumei nisa. The Rambam says especially because it's pirsumei nisa. And even so, ner Shabbos is adif. It's interesting. With all the chumrah of ner Chanukah, ner Shabbos is adif, because it's shalom bayis. Okay, now, v'hinei be'emes—what? So far not yet. We're just saying that it's a chiddush that for hiddur mitzvah ad shlish, we were discussing that could be it has to do with the tzurah, the kiyum hamitzvah. I want to know what it is. What do you mean? It sure is. Either it's a hiddur because it's a nicer hadlakah, or for ker, it's a kiyum. Since the halachos are to light it a certain way, so if I'm machmir, then it's a chumrah, not necessarily. Once you have the other way, once you have a kiyum in the ma'aseh, then you have a kiyum in the tzurah. But just because you have a kiyum in the tzurah doesn't mean you have a kiyum in the ma'aseh. Okay, it works one way; it doesn't work both ways. Now, v'hinei be'emes, hadlakah b'psilos avos, she'al yedei zeh yadolik yafeh, oyd shemen tahor shezeh yadlikah b'taharah. And if it's taka true, v'hiddur b'tzuras hamitzvah, v'loy b'davka b'asiyas hamitzvah, so then, lama machmas hadlakah hazeh she'asa chashmonai b'hiddur...

So, הוספות בהדלקות מהדרין וממהדרין מן המהדרין כדי לההדר בעשיית המצוה. What did they do it for? I mean, what did they? They should have made them just have a nice hadlakah. Why do you mean mosif in the ma'aseh? Let them be mosif in the beauty of it. Make a nicer fire, give different halachos for it. Why did they make more out of the tosafos? אם לא שנאמר, דלפי התירוץ שהידור בהדלקות נר חנוכה הוא מעיקרו תחילת התקנה, ולכן לא שייך בו עד שליש, באמת לא צריכים לומר שהידור בהדלקה מהדרין מן המהדרין בעשיית המצוה. And the Chasam Sofer, who says that every—who said maybe it's a hiddur in the tzurah. It's not pshat it's every one that I'm lighting is a hiddur in the tzurah by making a nice, beautiful eit, making nice candles and mefaresem the nes. Maybe, and the Chasam Sofer, the whole shtikel Torah is built on we're saying that it's a hosafah in the kiyum. Maybe you don't need that according to this teretz. Who? No, what I mean to say is that it's not so much in the ma'aseh of lighting. It's takkeh in the tzurah, that you have eight. You have eight candles. That is—okay, the whole shtikel Torah that everybody says that hadlakas ner Chanukah is a tosafos of hiddur in the kiyum hamitzvah, according to this teretz maybe you don't even need it. Maybe you don't even need it according to this teretz. Rafi, what are you talking— Okay, so what are you confused—what? So what are you confused about? It's too much chilukim. But it's no good. So what's the problem? Tell me, talk to me. I'll say it again. What's the big deal? What's so hard? What's the kashi, you understand? Okay, the teretz of that's the ikar takanah that you hear from. I mean, that you could come and say that it's mehadrin, and the mehadrin was from the ikar of the takanah. Okay, so I bring down over here that we have to bechalal clear: where does the mehadrin come from? So the Beis Halevi says the mehadrin comes from where? The mehadrin comes because they lit with thicker psilos. So I'm asking, so what is that, a kiyum hamitzvah better? It's they lit with more psilos? What was that, huh? Or is it in the tzuras hamitzvah? It's a better hadlakah. So, to be shemen tahor, I want it clear. Maybe it has to do with pnei shuda hiddur. So is that pshat in the cheftza, or that's pshat in the kiyum hamitzvah? They lit with shemen tahor, with shemen tahor is avada l'chatchila. I mean, in halachah it's avada you're supposed to light with shemen tahor, right? It's avada. Okay. If it's true, so then I'm asking, let's say it's only in the tzurah, so why would they mesaken you have to keep on lighting more candles, which is a תוספת in the maaseh? That's for sure, l'choira, תוספת in kiyum hamitzvah. Unless you say, according to this teretz, you don't have to say that. According to this teretz, it's talking about a תוספת in the maaseh, but rather it's in the tzurah. You're having eight candles. You don't want shaila, why have that type of a tzurah? There's no other tzurah that you can make. Yeah, eight, because you mefaresh the nes. By being the farsim the nes. More than the. Exactly. That's what I'm trying to say. The teisefes and kiyum will make a nice tzuras hadlapah. Okay. Then I say I have a question. Gimel. Ha'im yesh makom letaretz. Maybe we can give a different answer. The din hiddur dener Chanukah, eina loi becheftza v'loi b'kiyum hamitzvah, loi ba'asiyahah v'loi b'mitzvah atzmah. Has nothing to do with—it's the gavra. It's the person. U'kelashon haRambam, v'hamehader. So where is the hiddur? The hiddur is in the ma'aseh? Why? I also have to go, I'm saying. Hiddur mashma gavra. Mashma it's going on the person. Oseh mitzvah min hamuvchar, so the mitzvah is mitzvah min hamuvchar. It's talking about hiddur mitzvah. So the mehader—this is really the Brisker Rav, but I'm not going to say the Brisker Rav, Rav Chaim. I tell, maybe you can learn pshat in the Rambam like this. Mimeila, there's no din of hiddur mitzvah atzlish; has nothing to do with hiddur mitzvah atzlish. It's hamehader, the gavra, who's a oseh mitzvah, which really means they were mesaken to do it that way. Okay.

I said, I'm a had, what? Is it my teretz? I'm sure others said it before me, because this is a famous, famous sugya. This is the same teretz we said before, no? It could be. You know, if you follow well what I'm saying, it really is the same teretz, because the pshat is, we're masaken mitzvah min hamuvchar this way. But you don't have to tie it together. It could be tied together, but not necessarily. If I wanted, if I’d give you a cup, I could, you know, go back and say, Mimeila it's the same teretz as before. Okay. You ready? You עם me? Now let's move on. What I said was that the mehader, the hiddur is not in the mitzvah; it's in the person. Has nothing to do with hiddur mitzvah. Has no shaychus to hiddur mitzvah. It's hiddur gavra. Okay. The next question: האם יש לתלות השאלה אם הדין מהדרין והידור במעשה המצוה, או בצורת המצוה, בדין שדנו הפוסקים? Maybe we could be toleh it in a shaylah. What's the shaylah? אם המחלוקת נרחבת כדין בבית או דין בגברא. Famous question: is the din in the bayis or the gavra? Rambam, mitzvah sheyehei kol bayis u'bayis. We all know that Rambam holds bayis. Okay. מה שייך בבית? מיהו מצינו דין הכסנאי. At the same time, we find the din of achsanai, שמשתתף בפריטי. What do you need? Just have the bayis, right? שמאשר שיש דין הדלקת הגברא. ולא שנאמר, unless we say, שהדין אכסנאי להשתתף בפריטי, אבל רק להידור. Sfas Emes learns like that, and the Chinuch. עיקר הדין יוצא with the bayis. This din of achsanai is only hiddur mitzvah. Okay. Your bayis also you could say. I'm saying achsanai has— Sure he has it. But by him being mishtatef, you don't need it. But you don't need it if it's the din of the bayis; you don't need it. Again, he's there, so he doesn't need it. So he's yotzei with the bayis. He doesn't need his bayis. Okay. V'dilma yesh litlis b'loimer. Maybe we could say like this: She'im hamitzvah al habayis, the mitzvah is on the house, az hamahadrin hu b'ribui shalneiros babayis. V'hainu, metzuras hamitzvah. Ma she'ein kein, im hamitzvah agavra, az hadin mehadrin hu b'hosafas ma'aseh, hadlakah shechayav, v'nimtza shehahidur b'ma'aseh hamitzvah. Why am I saying this? If it's in the bayis, so then what's the pshat? There's no din in the gavra, right? The din is the bayis must have it being lit. So where is the hosafah? There's never a ma'aseh. The whole ma'aseh is only to have the neiros. So then it becomes in the tzurah. Then the pshat is it's the tzurah of having such neiros. Ma she'ein kein, if there's a din on the gavra, he could say that the gavra has to continue lighting in the ma'aseh. If it's in the bayis, so then the pshat is the bayis has to have neiros. So then the hosafah is that the bayis should have more neiros. It has nothing to do with the ma'aseh of it. Ma she'ein kein, if you learn it's in the gavra, chiyuv to light, so then we could come and say there's hosafah in the chiyuv, in the kiyum, that you go and you light more. V'ulai zehu gufa ta'am haRambam. Maybe that's gufa the reason of the Rambam, d'echad magdil v'lo kol echad mehabayis k'dei l'kayem hamehadrin. According to the Rambam, there would be no other way to do it. D'ma'achar d'hadlakah hu l'bayis, m'meila hidur hu b'tzuras hamitzvah, v'lo b'tosefes hamitzvah. U'memeila, ein sibah sheyehei tosefes hadlakah al yedei bnei habayis, k'valdik. If the Rambam held that it's in the tzurah. B'meila, is it shayach for the Rambam to hold that other people should light it? Could the tosefes be bichlal, because if it's an issur, then it's not even shayach that someone else should light it. I ain't say it's aser, but I'm saying, but there's no tosefes heter in someone else lighting if the ikar is in the tzuras hadlakah that it should be eight candles. There's no reason, according to the Rambam, there'd be no reason for them to light it. Okay, this is the next point. Now, the last point, the last point. The Rambam starts off the second perek, kama neiros hu madlik b'Chanukah. So I'm asking, I'm asking, what's the shayach to say a lashon, kama neiros hu madlik b'Chanukah? What do you mean, there's an amount of candles on Chanukah? The sum total is nogea to Chanukah? Yisod perek beis. Hey, look at the Rambam. Take the Rambam, read it. Huh? I'll tell you a kasha, no?

Hameneros, u'madlik b'Chanukah. There's no sum total of how much you have to... Efrayim, not now. Efrayim said now is not now. I don't know, what do you mean, kama neiros u'madlik b'Chanukah? There's no such halacha. I mean, neiros, every night, whatever the mitzvah is, you have to be madlik. There's no sum total of neiros you have to light for Chanukah. So what do you need hakdamah like that for? Kama neiros u'madlik b'Chanukah, what's the difference? Every night he should write, kol layla hu madlik. What's that have to do with the sum? Where does the sum total come in? Again, you don't—it's not... he's talking about how many neiros on Chanukah you have to light. There's no halacha of how— Is there a halacha how many neiros you have to light on Chanukah? There's no such halacha. What does the Rambam—how many candles should you be lighting on Chanukah? What do you mean? Every night I have to light a certain amount. It has nothing to do with the Chanukah. What does the word Chanukah mean? The word Chanukah doesn't make sense, unless he—the night of Chanukah, every night of Chanukah, maybe you don't mean Chanukah the whole sum total, maybe you mean Chanukah, the night. Each day is different, so I go into this as each day different. Take a look at the lashon here. Hinei ha'achronim zaldanu, im kol yemei Chanukah im chada. Are all the days of Chanukah eight days of Chanukah? Are they eight days which are one Yom Tov of Chanukah, right? O dilma kol layla—maybe each night is separate. Also the Acharonim have a she'eilah: im kol layla, the din hadlakah is a mitzvah bifnei atzmo, o shehakol mitzvah chadah arucha. We spoke about this, because the Beis Yosef brings down from the Teshuvas HaRashba that each night is different, and therefore if you miss one night, you can still light the next night. We spoke from the Tzafnas Paneach; he brings a diyuk in the Rambam, but the Rambam says not that way, that he holds kol yemei Chanukah, it's eight days and one mitzvah, and if somebody wants to be mechadesh this—I mean, of course. I should tell it over to you because it's not pashut. Of course it's not pashut, otherwise I wouldn't be saying it. But let me tell you something. The halacha I don't care about, the diuk in loshonos of the Rambam. Let's read the loshonos of the Rambam. Rambam says, he says like this: V'yamim eilu heim hanikraim Chanukah. What does the Rambam want? These days are called Chanukah? What, kviyas shem Chanukah? In perek aleph, you have perek aleph? V'yamim eilu, you have it, Ilan? V'yamim eilu heim hanikraim Chanukah. And also the Rambam says, Sheyihu shmonas yamim eilu shetechilasan... What does techilasan mean? ... it's mashma it's all one. Shetechilasan, it's a matchil, matchil with chafei b'kislev. Okay, so the question is, maybe that's what it means. Maybe that's what it means. Everybody's gone? Because I'll tell you what, listen to what we're going to do. I see the oilam says mincha already. The last two she'eilos are very simple; they get halacha l'maaseh, so you'll read it on your own. The last two she'eilos are: if you're a yeshiva bochur, should you get up in middle of second seder to light Chanukah licht? That was question number vav. And question number zayin is, why is there so many questions, terutzim to the Beis Yosef's kashya? What's, is there a reason for it? You know, the Beis Yosef himself, how many terutzim does he give? He gives three terutzim. Since when do they have one kashya with three terutzim, and on top of that there's hundreds, everybody every year... So I write, ha'im yesh inyan — I ask this, the letter I wrote to Rav Chaim Kanievsky, I'm reading with them — ha'im yesh inyan b'ribui haterutzim l'kushyas haBeis Yosef, mashma mechapsin terutzim, and if there is, what is it? What's the pshat? Unless it's me'osiv v'hoilch maybe, the whole inyan of... an halachos neiros is Torah sheb'al peh. Adlokas nechas toshva pesach, this is dina maisa v'hoylech. I don't know, I'm saying, you ever thought about it? This is the— okay, stop.