We have seen that, according to many poskim, the leftover oil is forbidden to be used, and it must be burned. However, the Ritva and the Meiri argue on this entire requirement of burning the leftover oil. They rule that there is only a prohibition to use the oil while it is lit, which is while the mitzvah is being performed. However, once the mitzvah is over, one can use all of the oil, even the part that was put in for the half hour.
So we have three opinions:
- According to the Tur and the Shulchan Aruch, if the menorah went out during the first half hour, one cannot derive benefit from the leftover oil, and all the oil should be burned.
- The Mishna Berura quotes others who rule that even if one put in extra oil to burn more than a half hour, it cannot be used.
- According to the Ritva and the Meiri, once the mitzvah is over, and the menorah went out, one can make use of the oil, even the part that was put in for the half hour.
Reason for the Issur
In general, the Gemara (Megillah 26b) tells us that once a mitzvah is over – such as the wood of a sukkah after Sukkos – the item used for the mitzvah has no restrictions and can be thrown away. If so, why is the oil forbidden to be used, if the menorah went out and the mitzvah is already over?
The Ran answers that since the walls of the sukkah are only needed for the mitzvah, they are set aside just for Sukkos, and not set aside permanently, and can therefore be used afterwards. On the other hand, when we put oil in the menorah, it is expected to be finished and is set aside permanently, and therefore it cannot be used afterwards.
The Ran asks on this analysis from the oil of neiros Shabbos, which can be used for other uses after the candles go out, even though it was expected to be finished. He answers that the case of neiros Shabbos is different because they are put there for us to enjoy, and were never set aside and pushed away from one’s mind in the first place. Neiros Chanuka, on the other hand, are forbidden to be used, and were pushed away from one’s mind entirely.
This still needs further clarification. The Gemara in Shabbos (22a) tells us that the reason for the prohibition to benefit from the oil of the Chanuka menorah is because it is considered a disgrace for the mitzvah, such as counting money next to the Chanuka candles. If so, even during the time that the Chanuka candles are lit, one should be allowed to benefit from the mitzvah as long as it is not disgraceful, as we see in regards to other mitzvos. For example, one is allowed to smell an esrog even during Sukkos, since that is not considered disgraceful. If so, we are faced with a double question: 1) If the issue is only that it is a disgrace to the menorah, why is the oil forbidden after Chanuka? 2) Even while the menorah is lit, why can’t we benefit from the oil if it is done in a way that is not a disgrace to the mitzvah?
The Meiri answers this question based on the Ran, who writes that the essence of the issur of the oil of the menorah is different than other places. Since the neiros of the menorah were instituted to commemorate the miracle of the menorah of the Beis Hamikdash, the Chachamim gave it the rules and regulations of the menorah of the Beis Hamikdash, which is forbidden permanently. For this reason, using them is forbidden even when it is not a disgrace to the mitzvah, and even after the mitzvah is finished.
