Is one required to use an actual Menorah for the lighting of the Hanukah candles, or is it acceptable to simply place candles on a piece of aluminum foil, for example, and then light them for the Misva?
The work "Hesed Le'Avraham" addresses the similar case of one who wishes to fulfill the Misva by pouring oil into an eggshell and inserting a wick into the oil. The "Hesed Le'Avraham" rules that one cannot fulfill the Misva in this fashion, as a formal "Keli" – utensil – is required for the proper performance of the Misva of Hanukah candles. Seemingly, then, this would preclude the possibility of lighting candles attached to a piece of foil, as this would not constitute a "Keli."
Hacham Ovadia Yosef, however, in his work Hazon Ovadia (Laws of Hanukah, p. 34), distinguishes between the case addressed by the "Hesed Le'Avraham" and the case of candles inserted on aluminum foil. In the case of the eggshell, the eggshell is used to contain oil, and for this purpose, perhaps, a formal "Keli" is required. A wax candle, however, might perhaps qualify as a proper instrument of lighting, and should thus be deemed acceptable for the Misva even if it stands alone, and not as part of a Menorah. Nevertheless, Hacham Ovadia rules that one should be stringent in this regard and use a proper Menorah for the performance of this Misva.
If a person wishes to use for the Hanukah lights a utensil that had been acquired from a gentile and thus requires immersion, he may use the utensil even before it has been immersed. The obligation to immerse utensils acquired from gentiles applies only to utensils used in the preparation or consumption of food, and thus a utensil used for candle lighting does not require immersion.
A utensil that had been used for taking a specimen of bodily waste should not be used for Hanukah candles. Hacham Ovadia Yosef cites a responsum of the Maharam Ibn Habiv applying to this case the Halachic rule of "Hakrivehu Na Le'fehatecha," which forbids using for a Misva an article that would be deemed disrespectful for use as a tribute to a human dignitary.
The Menorah should preferably be placed within ten Tefahim – or 80 cm – from the ground or floor, but may be no lower than three Tefahim (approx. 24 cm) from the ground. The Magen Avraham (commentary to the Shulhan Aruch by Rabbi Avraham Gombiner, Poland, 1637-1683) clarified that these heights refer to the distance from the ground to the flame, and not from the ground to the base of the Menorah. Thus, even if the base of the Menorah is situated within three Tefahim of the ground, the lighting is nevertheless valid so long as the flame itself is higher than three Tefahim.
Summary: It is preferable to use a proper Menorah for the Hanukah candles, rather than lighting individual candles attached to aluminum foil. A utensil that one acquired from a gentile and requires immersion may be used for the Hanukah candles. A utensil that had been used for undignified purposes, such as for a specimen, should not be used. The Menorah should be placed such that the flame is situated between 24 cm and 80 cm from the ground.
