Sources and Reasoning:
Producing Sound on Shabbat in a Musical Manner Is Prohibited
The Gemara in Eruvin 104a relates that Ulla came to the home of Rav Menashe on Shabbat, and when someone knocked on the door, Ulla said: “May the body of one who desecrates Shabbat be desecrated.” Rava responded: “They prohibited only a musical sound.”
For practical halachah, the Beit Yosef, Orach Chaim 338, cites that the Rif and Rambam rule in accordance with Rava, and this is likewise implied by the words of the Rosh. Therefore, producing a sound is prohibited only when it is specifically a musical sound.
So too, the Shulchan Aruch rules, Orach Chaim 338:1: Producing a sound with a musical instrument is prohibited, but knocking on a door and the like, when it is not done in a musical manner, is permitted.
From the above, we learn that producing the sound of knocking in a musical manner—that is, according to a rhythm—is prohibited. Therefore, the poskim write that one should not knock on a door on Shabbat to the rhythm of a song.
Producing Sound by Clapping Hands Together or on a Table
It is further explained in the Mishnah in the chapter Mashilin, Beitzah 36b: “One may not clap, strike [one’s hand on one’s thigh], or dance.” The Gemara there explains the reason: lest one repair a musical instrument.
However, the Rishonim disagree regarding the halachah. Tosafot there, at the beginning of the chapter HaMevi Kedei Yayin, Beitzah 30a, s.v. Tannan, maintain that the prohibition applied only in their days, when people were skilled in making musical instruments, and thus there was reason to enact a decree. However, in our times we are not skilled in making musical instruments, and the decree is not applicable.
Even though in the first chapter of Beitzah (5a) we say that although the reason for a decree has ceased, the decree itself has not ceased, Tosafot compare this to uncovered liquids, which are permitted nowadays because snakes are no longer common, as they wrote in the second chapter of Avodah Zarah (35a, s.v. Chada).
However, the Rambam’s view is to prohibit this even nowadays, as he writes in Hilchot Shabbat 23:4: Any matter that constitutes the completion of a labor renders one liable for makeh b’patish. Therefore, one who makes even the slightest improvement to a utensil is liable. Accordingly, it is prohibited to produce a musical sound on Shabbat, whether with musical instruments such as lyres and harps, or with other objects—even to strike one’s finger on the ground, on a board, or one against the other in the manner of musicians; or to rattle a nut for a child, or play with a bell for him so that he will be quiet. All this and similar acts are prohibited as a decree lest one repair a musical instrument.
Producing a Musical Sound by Snapping One’s Fingers
On this matter, the Beit Yosef, Orach Chaim 339, cites the Terumat HaDeshen, responsum 62, and his writings, responsum 154, who permitted striking the thumb and middle finger together, based on the Mishnah in the first chapter of Yoma (19b): “If [the Kohen Gadol] sought to doze off, young Kohanim would snap their fingers before him.” One cannot say that the Beit HaMikdash is different because no decree concerning shevut was enacted there, for if so, the Talmud should have stated that it was permitted for this reason, just as it concludes in the chapter Amar Lahem HaMemuneh (ibid. 34b) regarding combining coals.
However, the Beit Yosef rejects this reasoning and wonders how he relied on such an inference to permit what the Rambam prohibited: striking one finger against another in the manner of musicians. This implies snapping the thumb and middle finger together, which is the manner of musicians, as the Rambam himself wrote in his commentary on the Mishnah in the first chapter of Yoma (47): “Snapping one’s fingers” means striking the thumb forcefully against the middle finger. Many people do this at times of joy, making pleasing movements with it.
Rather, the Beit Yosef rules that producing sound by snapping one’s fingers is prohibited, in accordance with the Rambam and as we find at the beginning of the chapter HaMevi Kedei Yayin (Beitzah 30a): Rava bar Rav Chanan said to Abaye: We learned, “One may not clap, strike, or dance,” yet nowadays we see that people do so and we say nothing to them. He replied: Leave the Jewish people alone; it is better that they act unwittingly than deliberately.
The Ruling of the Shulchan Aruch and Rama Regarding Producing Rhythmic Percussive Sounds
Regarding practical halachah, the Shulchan Aruch, Orach Chaim, Hilchot Shabbat 339:3, writes as follows:
One may not clap, striking palm against palm; nor strike one’s hand against one’s thigh; nor dance, as a decree lest one repair a musical instrument. Even striking a finger on the ground, on a board, or one finger against another in the manner of musicians; or rattling a nut for a child; or playing with a bell for him so that he will be quiet—all this and similar acts are prohibited, as a decree lest one repair a musical instrument. Striking in an unusual manner is permitted.
The Rama writes in his gloss: As for the fact that people nowadays clap and dance and we do not protest, this is because it is preferable that they act unwittingly, etc. Some say that nowadays everything is permitted, because we are not skilled in making musical instruments and there is no reason to decree lest one repair a musical instrument, as it is uncommon. It is possible that this is the basis for the widespread custom to be lenient in all cases (Tosafot, beginning of the chapter HaMevi Kedei Yayin).
It is clear that according to the Shulchan Aruch, producing sound according to a rhythm is prohibited, in accordance with the Rambam. However, in the Rama’s words we find that he rules without qualification to prohibit, but he also cites the words of Tosafot who permit it, as well as the Gemara’s statement, “Leave the Jewish people alone,” etc.
Producing a Musical Sound by Whistling with One’s Mouth
Regarding producing a whistling sound with one’s mouth on Shabbat, the Rama writes in his gloss to Orach Chaim, Hilchot Shabbat 338:1: “Likewise, if one performs no action, it is permitted. Therefore, those who call their friends and chirp with their mouths like a bird may do so on Shabbat” (Hagahot Alfasi).
The Magen Avraham there (subsection 2) writes that even if one makes his voice pleasant in a song-like manner, it is permitted, for where one produces sound with one’s mouth, the Sages did not enact a decree. The Mishnah Berurah likewise rules this way (subsection 3).
It is clear that whistling with one’s mouth is permitted, whether in a musical manner or as an ordinary whistle that is not musical.
However, the Chida, in Shiyurei Berachah 338:1, cites that the renowned Rabbi Pinchas Anav zt”l, Av Beit Din and Rosh Metivta of the holy community of Ferrara, in his handwritten responsa Givat Pinchas, vol. 1, responsum 36, inclined to prohibit chirping like a bird or producing another type of melody on Shabbat.
However, Maran Rabbi Ovadia Yosef zt”l, in Chazon Ovadia, vol. 5, p. 236, cites the Chida’s words and rules straightforwardly to be lenient, in accordance with the Mishnah Berurah and as ruled by the Shulchan Aruch HaRav, because the decree lest one repair a musical instrument applies only when one produces sound through an action, not through one’s mouth.
He further cites (ibid.) that the Chida himself, in Machzik Berachah 338, subsection 1, wrote that we rely on the Rama’s words to be lenient in the lands of Ashkenaz and Poland, where people chirp with their throats when singing, although they appear and sound exactly like a musical instrument being played, and even elderly rabbis customarily sang in this manner; one who hears their voices imagines it to be the melody of an actual musical instrument. Although the Chida wrote this concerning the lands of Ashkenaz, Maran Rabbi Ovadia Yosef ruled leniently for us as well, and so is the halachah.
Is Whistling by Inserting Fingers into One’s Mouth Permitted on Shabbat?
Regarding whistling with one’s mouth by inserting one’s fingers into one’s mouth, there is room to discuss whether it is considered producing sound with one’s hands, which is prohibited, or producing sound with one’s mouth, which is permitted. We have not found that Maran Rabbi Ovadia zt”l addressed this in his work Chazon Ovadia. Logically, it would appear that the matter depends on the manner of whistling: if the fingers merely hold the tongue and the air emerges as a whistling sound because the tongue is constricted in a certain position, this is permitted, because it is considered whistling with one’s mouth. However, if the fingers themselves also constrict the point from which the air emerges and cause the air to emerge as a whistling sound, this would be prohibited under the law of producing musical sound with one’s hands.
However, in practice, the Aruch HaShulchan permits whistling even when one inserts one’s fingers into one’s mouth and produces a whistling sound with their assistance. His words are cited in Shemirat Shabbat Kehilchatah and in Mishnah Berurah Dirshu, and we have not found anyone who explicitly disagrees with him. Therefore, in practice, one may rely upon his ruling to permit whistling with one’s mouth even when inserting one’s fingers into one’s mouth.
This is the wording of the Aruch HaShulchan, Orach Chaim 338:6–7:
Know that regarding what our master the Beit Yosef wrote—that knocking on a door when not done in a musical manner is permitted—our master the Rama wrote: “Likewise, if one performs no action, it is permitted. Therefore, those who call their friends and chirp with their mouths like a bird may do so on Shabbat.” This is entirely unclear. What novelty does he teach us? Vocal singing was never prohibited at all; only singing with an instrument or with one’s body, such as snapping one’s fingers, as stated above. He himself says that if one performs no action it is permitted, meaning that one sings only with one’s mouth, without an action involving an instrument. What novelty, then, is there in permitting one to chirp with one’s mouth like a bird? Every type of song is permitted with one’s mouth.
In the source of this ruling [Shiltei HaGibborim in the name of the Riaz, end of Eruvin, see there], it is written as follows: “Although with that chirping it is also customary to make a pleasant musical sound, here…” It is clear that this is the novelty: this chirping is also customarily used for instrumental music. Yet this too is unclear—what difference does it make? Vocal singing was never prohibited. And if his intention is not instrumental music, but rather that this chirping itself produces a pleasant musical sound, it is obviously permitted, for every vocal song is permitted. Therefore, it appears to me that the explanation is as follows: With this chirping, it is customary to place one’s finger into one’s mouth between the lips and teeth, and thereby the sound emerges like that of a bird. This is the novelty: even though using one’s hand is prohibited, as the Rambam wrote that it is prohibited to strike with one’s finger, as stated in subsection 1, nevertheless here it is permitted, because one does not perform a musical action with one’s hand; the song is produced with one’s mouth, and the hand serves only to enable the chirping from the mouth to sound properly. Therefore, it is permitted.
This response was translated automatically from Hebrew and has not yet been reviewed by a person. Therefore, it may contain inaccuracies and should not be considered a definitive reference.
