What is the status of oil, which was leftover in the menorah at the end of Chanukah? The Tur writes that since the oil was set aside for the mitzvah, one cannot derive any personal benefit from it, and at the end of Chanukah, all leftover oil should be burned. The Shulchan Aruch adds that this is only true in regards to the oil which was set aside to be used for the actual mitzvah, such as for burning for half an hour. But, if someone put in more oil than needed – as people often do – and the menorah burned for more than the required half hour, since the extra oil was not needed for the mitzvah, the leftover oil can be used.
At first glance, this concept is applicable for the leftover oil every night. If this is the case, one may wonder why the Tur only discusses the oil left over at the end of Chanukah? The answer is that oil left over on the previous nights can be used on the following nights for the candle lighting. But the oil left at the end of Chanukah can no longer be used and must be burned.
But the B’tzeil Hachachma points out that if one leaves the oil in the same cup of the previous night, there may be a problem. The Shulchan Aruch writes that the new cup added each night is always considered the main candle, and the previous ones are the mehadrin. Therefore, if he leaves the oil in that cup, it would be a downgrade in the mitzvah, from being the mitzvah itself, to being just the mehadrin, which would violate the rule of maalin bakodesh v’lo moridin – one cannot go down a level of kedusha. He therefore suggests that if one wishes to reuse the oil, it should be put into the newest spot, which is the main part of the mitzvah.
The Biur Halacha discusses the following case. If the menorah went out on the 7th night during the half hour, leaving some oil in the cup, and more oil was added for the 8th night. In this case, even if it burns on the 8th night for a half hour, all of the leftover oil will be prohibited. Although we have seen that once the oil was lit for a half hour, the rest of the oil is permitted, since there is leftover oil of the previous nights, which is forbidden, mixed in, all the oil becomes forbidden. However, if the oil added on the 8th night was 60 times the amount of the oil of the previous days, it will become nullified, and one can use all the leftover oil.
Burning All of the Oil
We have seen that according to the Shulchan Aruch, only the oil needed for the actual mitzvah is prohibited, and if it goes out after a half hour, one can use the leftover oil. However, the Mishna Berura writes that others maintain that all of the oil put into the cups is prohibited, and even the extra oil cannot be used. He therefore recommends that one stipulate that he is not setting aside the extra oil, and then he would be allowed to use it.
Rav Shlomo Zalman Auerbach points out that this stipulation only works for the extra oil, and not for the minimum shiur of a half hour. Since one must set aside the amount needed, he certainly set aside a half hour’s worth and that minimum shiur is definitely prohibited, and a stipulation will not help. This is similar to wood used for building a sukkah, which cannot be used for other uses, and a tenai does not help.
Rav Elyashiv is quoted as saying that in today’s society, there is another reason to be stringent with the oil that is more than the amount of a half hour. The Gemara says that the menorah must be lit until all the people finish passing by. The Rambam writes that this can be a half hour or possibly longer, and the Ritva writes clearly that if there are passersby for longer than a half hour, one needs to light for longer. That being the case, the oil which is meant to burn after the half hour may also be part of the oil needed for the actual mitzvah, and will be forbidden to use.
Summary of Opinions
We have seen so far that according to the Tur and the Shulchan Aruch, all the leftover oil should be burned, and perhaps even the extra oil cannot be used.
Rabbi Scheiner
