Halacha for Tuesday 23 Iyar 5782 May 24 2022

Producing Sound and Whistling on Shabbat

The Gemara in Masechet Eruvin (104a) tells us that our Sages banned producing sound on Shabbat and Yom Tov, for instance, by playing a musical instrument, for they were concerned that while the tune is being played, the player will come to fix the instrument.

This decree would certainly apply even nowadays, for it is quite common for musicians to tune their instruments and were they to be playing the instruments on Shabbat or Yom Tov, they would transgress the prohibition of fixing the instruments in their hands which can sometimes constitute a Torah prohibition. (Even if the edict would not apply nowadays, we would nevertheless follow the rule regarding all rabbinic enactments that even if the reason for the decree no longer applies, the edict still stands.)

Nevertheless, our Sages only banned producing musical sounds which do not result from singing, such as banging on a drum, blowing a Shofar (except for Mitzvah usage on the holiday of Rosh Hashanah), and the like; however, musical sound produced by singing is not prohibited on Shabbat and Yom Tov. On the contrary, it is actually a Mitzvah to sing the praises of Hashem in honor of Shabbat and Yom Tov.

Regarding whistling on Shabbat, if this is being done with the use of a whistle or other such instruments, this is clearly forbidden, for this constitutes production of the forbidden kind of musical sound completely banned by our Sages. Regarding whistling by mouth, however, the Rama writes (in the beginning of Chapter 338) that those who call their friends by means of whistling or chirping may indeed do so on Shabbat. The Magen Avraham adds that even if one whistles a proper tune, this is not forbidden since this is like any other singing by mouth which is permissible on Shabbat.

Indeed, many other Acharonim rule likewise. Although Hagaon Chida writes in his Sefer Birkei Yosef (Shiyurei Beracha, Chapter 338) in the name of Rabbeinu Pinchas Anav that whistling a tune on Shabbat is forbidden, nevertheless, Maran Ha’Chida himself in his Machazik Beracha (ibid.) writes that based on the above ruling of the Rama, it has become customary in the lands of Germany and Poland to whistle tunes on Shabbat, the likes of which almost resemble actual musical instruments. Maran Rabbeinu Ovadia Yosef zt”l writes that this is indeed the correct ruling on this matter.

Thus, halachically speaking, although it is forbidden to blow a whistle or similar instrument on Shabbat, it is nevertheless permissible to whistle by mouth on Shabbat.   

8 Halachot Most Popular

Eating, Bathing, and Brushing Teeth on Yom Kippur

Some Laws of Yom Kippur All are obligated to fast on Yom Kippur, including pregnant and nursing women. Any woman whose health is at risk due to the fast should consult a prominent Torah scholar who is well-versed in these laws, and he should render his ruling whether or not she must fast. One whose......

Read Halacha

The Seventh Day of Pesach

Based on a Derasha Delivered by Maran Rabbeinu Ovadia Yosef zt”l When the Jewish nation left Egypt and the Red Sea split for them, the Torah states: “The messenger of Hashem, who had been going ahead of the Israelite army, now moved, and followed behind them; and the pillar of cloud s......

Read Halacha

Lighting the Chanukah Candles

The Mitzvah of Lighting Chanukah Candles There is a Mitzvah to light Chanukah candles throughout all eight nights of Chanukah (beginning from next Thursday night). The Sephardic custom is to light one set of Chanukah candles per house. The Ashkenazi custom, however, is that every member of the hous......

Read Halacha

Some Laws Regarding Lighting Chanukah Candles

The Proper Time to Light The proper time to light Chanukah candles is at the “emergence of the stars” which is approximately fifteen minutes after sunset this time of year. Some Ashkenazim light Chanukah candles immediately at sunset. If one has not lit at this time, one should light as......

Read Halacha


The Laws of Hearing Parashat Zachor- A Special Sermon

“Remember What Amalek Has Done to You” On the Shabbat preceding Purim, which is this coming Shabbat, after the opening of the Ark immediately following Shacharit prayers, two Sifrei Torah are removed; in the first one, we read the weekly Parasha (which is Parashat Tetzaveh this year, 57......

Read Halacha

Rain in the Sukkah

There are certain places, such as New York, where it commonly rains during the holiday of Sukkot. Even in Israel it has happened in the past that rain has fallen during Sukkot. In the Land of Israel, rain during the Sukkot holiday is an ominous sign, as our Sages taught that this is comparable to......

Read Halacha

Taking the Customary Three Steps Back Upon Conclusion of the Amida When there is Someone Praying Behind an Individual

In the previous Halachot we have explained that one may not stand or pass in front of one praying Amida. Let us now discuss the law regarding one who has concluded his Amida prayer and behind him stands another congregant who has not yet concluded his Amida. If, at this point, the individual in f......

Read Halacha

Washing Dishes Which May Possibly Be Necessary on Shabbat

Question: Is it permissible to wash dishes on Shabbat which do not seem to be necessary on Shabbat but might possibly be? Answer: In the previous Halachot, we have explained the general rule that one may not wash dishes on Shabbat if they are not necessary for the day of Shabbat itself. The sourc......

Read Halacha