הנרות הללו קדש הם ואין לנו רשות להשתמש בהן
The origin of this appears in מס' סופרים פרק כ', הלכה ד
The Gemoro (שבת כ"ב ע"א) says, "one may not count
money in front of Chanukah candles"
The Gemoro asks why not וכי נר קדושה יש בה?
The Gemoro answers that the reason is not
because of קדושה but because of
שלא יהו מצוות בזויות.
The Gemoro seems to hold as a דבר פשוט
there is no such thing as holy Chanukah candles.
We Pasken like the מס' סופרים and not like the בבלי
Maybe it's because the Masechta Sofrim soesn't consider the neiros to be a commemoration of the neis of the shemen (and doesn't even mention that neis) unlike the Bavli that had a mesorah from a breisah (that seems to have been unknown the Amoraim of Eretz Yisroel) of the neiros being a commemoration for the neis of the Shemen. In this regard, we definitely pasken like the Bavli and not like the Masechta Sofrim (see Rambam) although our Al Hanisim and Haneiros Halalu are written as per the Masechta Sofrim.
ReplyDeleteMaybe it's because the Masechta Sofrim soesn't consider the neiros to be a commemoration of the neis of the shemen (and doesn't even mention that neis) unlike the Bavli that had a mesorah from a breisah (that seems to have been unknown the Amoraim of Eretz Yisroel) of the neiros being a commemoration for the neis of the Shemen. In this regard, we definitely pasken like the Bavli and not like the Masechta Sofrim (see Rambam) although our Al Hanisim and Haneiros Halalu are written as per the Masechta Sofrim.
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