The Shulchan Aruch says: עצמועושה לו מדורה ושורפו בפני - “make a bonfire for it and burn it by itself”, does one have to specifically make a fire, or does the Shulchan Aruch merely say that one should burn the leftovers in order to ensure that people don’t come to benefit from it, and therefore it’s ok to bury them in the ground as well, as once they are buried people won’t come to benefit from the leftovers either?
The Mishnah in Temurah (34a) says:כל הנשרפין לא יקברו - “any item which is supposed to be burnt shouldn’t be buried”. Rashi explains:דלמא אתי איניש ואשכח להו ואכל להו - “perhaps someone will find it, and end up eating it”. R’ Akiva Eiger and the Shu”t Maharam Shik (Orach Chaim 206) both ask, why Rashi needs to come on to the reason of someone finding it and eating in, surely, the fact that there is a mitzvah to burn the item requires one to burn it, as if one would bury it instead of burning it he would miss out on the mitzvah?
The Reshash (end of 33b) and Pri Megodim (445, Eishel Avraham 1) both answer, that when the Torah says there is a chiyuv to burn the item, then certainly it’s forbidden to get rid of the item in any other way, however, by orlah and kilay hakerem the Torah doesn’t mention that they should be burnt, rather, we learn it from a drosha ofפן תוקדש , since the Torah doesn’t mention a chiyuv to burn it, one may think that it’s ok to bury it instead, therefore, Rashi had to say one shouldn’t do so, as we are worried that one may come to find it at a later date and end up eating it.
Based on the above, the Nitei Gavriel (Chanukah, Teshuvos at end of sefer siman 9) writes, it’s forbidden to benefit from leftover Chanukah candles, however, the Torah doesn’t mention that the leftovers have to be burnt by a fire, therefore, it’s ok to bury the leftovers in the ground as well. Normally there is a din ofכל הנשרפין לא יקברו - “any item which is supposed to be burnt shouldn’t be buried”, however, Rashi explains that the reason is because we are worried that one may end up accidentally using the item. By Chanukah candles however, there is no concern for this, as the leftover oil gets poured on the ground and it is no longer possible to use it. Similarly, when the wicks get buried, they get ruined and it is no longer possible to use them.
Therefore, although normally items that need to be burnt shouldn’t be buried, in our case there is no concern of takolah [mistakes], therefore, it’s ok to bury the leftovers.
The Nitei Gavriel also cites the Gemara in Shabbos (25a) which says that there is a mitzvah to burn terumah that has become tomei [impure]. Rashi mentions two reasons: 1) It’s similar to kodesh 2) We are worried about takolah [mistakes]. Tosfos says, according to the second reason of Rashi that it’s because of takolah, one doesn’t specifically have to burn it and any means of destruction is ok. Tosfos asks, that the Mishnah in Temurah (33b) says clearly that terumah that is tomei must be burnt? Tosfos, then offers two reasons to explain why: 1) It’s a din derabonon, since terumah is similar to kodesh we treat it the same way, 2) It’s even de’O’raisa, because we find that terumah is called kodesh.
The Nitei Gavriel says, Chanukah candles are not called kodesh, therefore, there is room to be lenient and allow any means of destruction. Therefore, although lechatchilah one should try and burn the leftovers, if it’s too difficult then it may be buried as well.
The Shevet HaLevi rules accordingly and he adds, since the lighting of the Chanukah candles represents the menorah in the Beis HaMikdosh, there is room to say that the leftover oil has the same din as any leftover oil in the Beis HaMikdosh, therefore, lechatchilah one should try and burn it like kodshim. However, if it’s difficult than one may be lenient and bury it as well.
(Based on a halachah write-up written by R’ Yom Tov Sanger)
