Prohibitions Relating to Producing Sound on Shabbat

There are a number of prohibitions recorded in the Talmud relating to the production of certain types of sound. In this issue, we will present these prohibitions and provide practical applications to these prohibitions.

The Prohibition against Playing Musical Instruments

The Gemara, Eruvin 104a, notes that there is a prohibition against engaging in an activity for the purpose of producing sound on Shabbat. The Gemara records a dispute as to whether this prohibition includes all forms of sound or whether it is limited to music. Most Rishonim are of the opinion that the conclusion of the Gemara is that only music is prohibited. Rambam (1135-1204), Hilchot Shabbat 23:4, also follows the opinion that the prohibition is limited to music. He explains that the prohibition is a rabbinic prohibition based on a concern that it may lead one to fix a musical instrument. Fixing a musical instrument constitutes a biblical violation of the melacha of makeh b'patish, the prohibition against completing the production of an item. R. Meir Simcha HaKohen of Dvinsk (1843-1926), ad loc., notes that according to the opinion that all forms of sound are prohibited, the prohibition is based on a more general rabbinic prohibition to create something new (See Beitzah 23a). Rambam adds that the prohibition includes tapping on the floor or the table with one's finger for the purpose of producing music.

R. Ya'akov Landau (15th century), Sefer Ha'Agur no. 518, quotes the opinion of Maharil that although it is permissible to produce non-musical sound, it is prohibited to do so using an instrument designed to produce sound. Therefore, it is prohibited to use a door-knocker to knock on the door on Shabbat. R. Yosef Karo, Beit Yosef, Orach Chaim no. 338, explains that if it is an instrument designed to produce sound, there is a concern that one will attempt to produce music with it. Rama (1520-1572), Orach Chaim 338:1, codifies the opinion of Sefer Ha'Agur and rules that one should not use a door-knocker to knock on the door. Rather one should use his hands.

R. Yehoshua Boaz ben Shimon Baruch (d. 1557), Shiltei HaGibborim, Eruvin 35b, rules that it is permissible to whistle in order to get someone's attention. He presents two reasons for this ruling. First, whistling is not a significant action since one does not use one's hands or instruments. Second, it is permissible to produce a musical sound if one's intent in producing the sound is not for the purpose of producing music. Rama, op. cit, writes that it is permissible to get someone's attention by whistling and writes that the reason why it is permissible is that there is no significant action involved in whistling. R. Avraham Gombiner (c.1633-1683), Magen Avraham 338:2, notes that there is a practical difference between the two reasons presented by Shiltei HaGibborim. According to the first reason, the permissibility is based on the fact that one is using one's mouth instead of one's hands or an instrument. As such, it is permissible to whistle a tune. According to the second approach, it is only permissible to whistle if one does not intend to produce music. Magen Avraham follows the opinion of Rama that the permissibility is based on the first reason and therefore permits whistling for the purpose of producing music.

The Prohibition against Dancing and Clapping

The Mishna, Beitzah 36b, states that it is prohibited to dance and clap on Shabbat. The Gemara, ad loc., explains that the reason for the prohibition is based on a concern that these activities may lead one to fix a musical instrument.

Tosafot, Beitzah 30a, s.v. T'nan, note that this prohibition does not apply nowadays because the average individual is not adept at fixing musical instruments and therefore, the concern that one will fix an instrument is mitigated. R. Karo, op. cit., notes that since most Rishonim don't distinguish between nowadays and early times, they imply that they disagree with Tosafot. Furthermore, Maharik (c. 1420-1480), in his responsa (no. 9) - which were written after the publication of Tosafot- discusses the prohibition against dancing and clapping and does not mention that one may be lenient regarding this prohibition. Nevertheless, Rama, Orach Chaim 339:3, notes that the opinion of Tosafot may be a justification for those who don't observe this prohibition.

R. Moshe Feinstein (1895-1986), Igrot Moshe, Orach Chaim 2:100, questions the opinion of Tosafot. Even if it is true that we are not as adept at fixing musical instruments, a rabbinic decree is binding regardless of whether the reason still applies. How then can Tosafot assert that the decree is no longer binding? R. Feinstein suggests that the opinion of Tosafot is based on the implication of the Gemara, Beitzah 30a, that this decree did not enjoy widespread acceptance in Talmudic times. A decree that is not universally accepted at the time of its inception does not have the status of an ordinary decree. Therefore, if the reason does not apply, the decree is not binding. R. Feinstein concludes that while this explanation justifies the practice of dancing and clapping on Shabbat, it is nevertheless proper to be stringent on the matter.

There are a number of additional leniencies relating to dancing and clapping on Shabbat. First, Rambam, Hilchot Shabbat 23:5, permits certain forms of clapping if they are performed in an irregular manner. This ruling is codified by Shulchan Aruch, Orach Chaim 339:3. Second, R. Yechiel M. Epstein (1829-1908), Aruch HaShulchan 339:9, suggests that the prohibition against dancing only applies to a dance that corresponds to specific song. It is permissible to dance in a generic manner that does not relate to a specific song. R. Yehoshua M.M. Ehrenberg, D'var Yehoshua 2:44, provides a similar leniency.Third, Rabbeinu Chananel (990-1053), Beitzah 37a, defines dancing as lifting up one leg as one puts down the other. As such, R. Ovadia Yosef, Yechaveh Da'at 2:58, writes that it is permissible to "walk" in a circle of people as long as one foot remains on the ground.

Violating the Prohibition Passively

R. Eliezer ben Yoel HaLevi (Ra'aviah c. 1140-1220), Avi Ha'Ezri no. 796, rules that it is permissible to ask a non-Jew to play a musical instrument at a wedding meal that takes place on Shabbat. This ruling is codified by Rama, Orach Chaim 338:2. This ruling implies that the concern that one might fix a musical instrument only applies in a situation where one is actively involved in an activity. If one is passively listening to music, there is no prohibition. Nevertheless, Aruch HaShulchan, Orach Chaim 338:5, contends that the prohibition can be prohibited passively. For this reason he rules that it is prohibited to set up a system before Shabbat that will play music on Shabbat. Regarding Ra'aviah's leniency to allow non-Jewish musicians on Shabbat, Aruch HaShulchan, Orach Chaim 338:10, contends that it is based on Ra'aviah's own leniency to allow the non-Jew to actually fix the instruments on Shabbat in order to provide music for the wedding meal. Therefore, there is no concern that a Jew would fix the instruments. [Aruch HaShulchan notes that in general, one should not rely on Ra'aviah's leniency because it is based on a number of minority opinions.]

R. Shlomo Zalman Auerbach (1910-1995), Minchat Shlomo no. 9, notes that there is an additional reason why it is prohibited to set up a system before Shabbat that will play music on Shabbat. Rama, Orach Chaim 252:5, rules that it is prohibited to set up any system before Shabbat that will result in a prohibited activity that is audible to the public. This prohibition, known as hashma'at kol (producing sound), is based on a concern that one who hears the sound will think that the system was initiated on Shabbat. [This prohibition is not limited to musical instruments and applies to all sound producing systems. The sources for this prohibition were discussed in a previous issue.]

Rama does allow setting a grandfather clock before Shabbat because when it rings on Shabbat, everyone knows that it was set in advance. R. Auerbach adds that in general, the criterion for determining whether it is permissible to set up a system before Shabbat that will produce sound on Shabbat is whether the system is normally set in advance or whether the system is normally activated immediately before use. If the system is normally set in advance, there is no concern for hashma'at kol. If the system is normally activated immediately before use, the concern applies. As such, R. Auerbach notes that one may not setup a radio or music player to activate on Shabbat because they are systems that are normally activated immediately prior to use.