DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 1.4 MB)
Mukse-May a Jew Instruct a Non-Jew To Move A Lit Candle on Shabbat

The Halacha discusses whether it is permitted to instruct a non-Jew to carry a lit candle, such as Shabbat candles or a Hanukah Menorah after the first half hour, into another room for illumination. To be clear, it would be prohibited to tell the non-Jew to light the lights. In this case, he is merely being asked to carry the Mukse candle. The Rema (276:3) permits doing so. The Mishna Berura (Rav Yisrael Meir Kagan of Radin, 1839-1933) explains this leniency is because the Jew could also find a permitted way to move the candle himself, e.g. in an indirect fashion. The Mishna Berura does require the non-Jew to exercise caution that moving the candle won’t cause the oil to extinguish the flame. However, according to the accepted ruling that there is no problem to instruct a non-Jew to perform a "Pesik Reshe"-an automatic prohibited outcome, this is not necessary.

----

After the candles burn out, the candlesticks are still Mukse, as a "Basees L’davar Ha’asur"- a base for a Mukse item. Even though the flame is already extinguished, the candlesticks remain Mukse, since they were already Mukse at Ben HaShmashot-with the advent of Shabbat. Nevertheless, Maran in 279:4 rules that if one makes a "Tenai"-that is, he stipulates at the time of candle lighting that after the flame goes out he intends to move it, the status of Basees would be neutralized, leaving the candlestick a "Keli Shemlachto L’isur", which may be moved for its place or for a permitted use. Moreover, Rabbi Akiva Eger (1761-1837), in his notes to the Shulhan Aruch cites the opinion of the Tashbes that if the "Tenai" was made, the candlestick become a "Keli Shemalchto L’Heter"-i.e. it is considered designated for permitted use, and may even be moved "MeHama L’sel"-for its own protection. Hacham BenSion (Ner Lesion p. 527) rules that one may rely on this leniency. The Ashkenzaim do not rely on this "Tenai."

SUMMARY

One may instruct a non-Jew to carry a lit candle to illuminate a dark room.

If one made a "Tenai" when lighting candle before Shabbat that he intends to move it after it is extinguished, he may move the candlestick even for its own protection.


 


Recent Daily Halachot...
When Should One Date the Ketuba?
The Wedding Ceremony Under the Hupa: "Birkat Erusin" and the Breaking of the Glass
If the Witnesses at a Wedding Ceremony Did Not Hear the Words, “Hareh At Mekudeshet Li”
Writing the Ketuba
Answering Amen Under the Hupa
Understanding the Last Two Berachot Recited Under the Hupa
The Ketuba – The Groom’s Oath, and Lifting a Handkerchief
Finding a Spouse: Recognizing God's Role, and Testing for Genetic Compatibility
Is it Preferable to Schedule a Wedding During the First Half of the Month?
The Yihud Procedure after the Wedding Ceremony
Does a Man Recite “Asher Yasar” after Marital Relations?
The Witnesses’ Confirmation Under the Hupa That the Ring is Worth a “Peruta”
Placing the Ring on the Bride’s Finger Under the Hupa
Attending a Wedding at the Expense of a Torah Class
May a Double Ring Ceremony be Performed Under the Hupa?
Page of 239
3585 Halachot found