What is First on Chanukah?

The Gemara in Yuma 33b discusses the topic of ein mavirin al hamitzvos. Rashi explains that one who encounters a mitzvah should not leave it. We learn this from “Ushmartem … hamatzos,” which we read as mitzvos.

The Radvaz in Vol. 2:509 says that the concept of not leaving a mitzvah is DeRabbonon, and the posuk mentioned above is an asmachta (a remez in the Torah). The Levush, Taz, and Pri Megadim in siman 25 argue and hold that not leaving a mitzvah is DeOraysa.

Rashi explains this by saying that one should not leave a mitzvah because he may end up missing the mitzvah altogether. The Chasan Sofer, siman 8, says there are two reasons why one should not leave a mitzvah upon encountering it. One reason is that it is embarrassing to the mitzvah when you leave it, even if you are doing another mitzvah. The second reason is that you end up delaying the mitzvah you encountered first.

In a case where one has two mitzvos to do and he encounters one of them, he must do that one first. This applies even if the other mitzvah comes more often, as the rule of ein mavirin al hamitzvos overrides the preference for the mitzvah that is more frequent. The Chasan Sofer says that this applies even if the mitzvah you encounter first is only DeRabbonon; it still must be done first.

The Magen Avraham in 25:4 says that if a person encounters a mitzvah and could do it then, but is not ready to do it at that moment, he may skip that mitzvah and do another mitzvah that is time-sensitive to him. A practical application of this would be if Shimon picks up his weekday tallis on Shabbos by mistake. He may put it down and then take his Shabbos tallis instead.

What happens if Reuven is on his way to daven maariv on Chanukah and it is already after the zman of lighting candles, but he has not yet lit his menorah? He should light the candles first, as he would be passing the mitzvah of hadlaka. This is true even though maariv and krias shema occur more often than candle lighting. One could say that his daas is not to light right now since he wishes to daven first, placing the case under the category of the Magen Avraham—that he is not ready for the first mitzvah. One could argue, however, that the Magen Avraham is discussing a case where he does not intend to do the mitzvah he encountered at all (for example, Shimon does not intend to put on his weekday tallis at all). In the case of Reuven going to maariv, he does want to light the menorah—just not at that second. Nevertheless, the halacha seems to be that he should light first and then daven maariv.

Proof for this can be brought from the case where one picks up the tefillin shel rosh before the shel yad. He must put on the shel rosh first because of ein mavirin, despite the fact that he really wants to put on the shel yad first.

Once Reuven begins lighting his menorah, he should finish lighting the rest of the candles, even though he is yotzei with the first candle and the others are only a hiddur. When he is done, he should then go out to daven maariv.