Q&A from the Bais HaVaad Halacha Hotline

Sabbatical Smoldering

December 22, 2022

Q I am in Eretz Yisrael for Chanukah, and many Shmitah products are still available for purchase here. Is there a reason to refrain from using Shmitah olive oil for the menorah?

A The Torah commands that Shmitah produce must be used for achilah (eating) and not hefsed (waste). Achilah includes any use akin to eating, in that benefit is derived from the item as it is consumed. Using oil to fuel a flame meets this criterion, as the user benefits from the light as the oil is depleted (Rambam Shmitah 5:1).

For ner Chanukah, many poskim object to the use of Shmitah oil, because benefiting from the lights is forbidden, which renders the use hefsed (Sheivet Halevi 1:184).

Others dispute this, reasoning that although it is forbidden to benefit from the Chanukah lights directly, e.g., by using them to count money, one is allowed to sit in a room illuminated by the neiros and intentionally enjoy the ambiance they provide. This is considered achilah for Shmitah purposes and is permitted.

R’ Shlomo Zalman Auerbach (Minchas Shlomo 1:42) gives another reason for leniency: The very fact that a mitzvah is fulfilled renders the usage achilah and not hefsed. The opposition observes that mitzvos lav leihanos nitnu (mitzvah fulfillment is not considered personal benefit).

R’ Shlomo Zalman offers another rationale: The purpose of ner Chanukah is pirsumei nisa (publicizing the miracle), and that is a legitimate Shmitah use, just as a shopkeeper may light lamps with Shmitah oil in order to attract customers.

Since the poskim disagree, one should preferably avoid Shmitah oil. This is true even for the menorah of a child who has reached the age of chinuch, whose ner Chanukah holds kedushah (holiness) like an adult’s and may not be used for mundane purposes (Halichos Shlomo 15:11).

It stands to reason that the shamash (service light) may be lit with Shmitah oil, because benefiting from it is permitted.

Aside from the prohibition of wasting Shmitah produce, there is an obligation of biur (to dispose of Shmitah produce when it is no longer found out in the fields). This is inapplicable to olive oil this year, because the zman biur for olives won’t come until Shavuos time (Derech Emunah Kuntres Shvi’is 11; each species has its own zman biur based on its growth cycle).