1)

THE ISUR OF KLEI SHIR [Shabbos: Klei Shir]

(a)

Gemara

1.

102b (Mishnah): [On Shabbos] one may tie a string [of a harp that broke] in the Mikdash, but not outside the Mikdash;

2.

Contradiction (Beraisa): If a string of a harp broke, one may not make a knot, but one may make a bow.

3.

Resolution: Our Mishnah is Chachamim [who permit Machshirim], and the Beraisa is R. Shimon:

i.

(Beraisa): If a string of a Levi's harp broke, he may tie it;

ii.

R. Shimon says, he may make a bow.

iii.

R. Shimon ben Elazar says, [if so,] it will not play [properly]! Rather, he lengthens the top remnant of the broken string by unwinding it, so it reaches to the protrusion on the bottom. He adjusts it so the right note is obtained.

4.

104a: Ula visited the house of Rav Menasheh. A man banged on the door.

i.

Ula: Who is desecrating Shabbos [through producing sounds]?

ii.

Rabah (some texts - Rava): (It is permitted.) Chachamim forbade only musical sounds.

5.

Question (Abaye - Beraisa): One may cause water to drip out of holes in a special Kli [to make noise] for the sake of a Choleh (sick person).

i.

Inference: This is forbidden for a healthy person!

ii.

Suggestion: This is in order to wake him from sleep. The noise is unpleasant, yet it is forbidden!

6.

Answer: No, it is a [pleasant] sound to help him fall asleep.

7.

Question (Beraisa): On Shabbos one may guard his produce from birds, but he may not clap his hands together... like he does during the week.

i.

Suggestion: We forbid because all sounds are forbidden!

8.

Answer (Rav Acha bar Yakov): No, we decree lest he take a pebble [and throw it at birds].

9.

Question: Rav Yehudah forbids women to play with nuts (roll them on boards) on Shabbos;

i.

Suggestion: This is because it produces sounds!

10.

Answer: No, it is a decree lest they even out holes in the ground [to make a smooth surface for rolling].

11.

Question (Mishnah): We may use a Galgal (a wheel used to raise and lower a bucket on a rope) to draw water from Bor ha'Golah (in the Azarah) on Shabbos.

i.

Suggestion: This is forbidden outside the Mikdash because it produces sounds!

12.

Rejection: No, it is forbidden lest one use it to water his garden on Shabbos.

13.

Ameimar permitted to draw water using a Galgal in the city Mechuza.

(b)

Rishonim

1.

Rif (35b): Presumably, the Halachah follows Rava, who forbids only musical sounds. Since Rav Acha bar Yakov answers like him, this shows that he holds like him. Also Ameimar holds like him. Some rule like Ula, based on the Yerushalmi. I say that since the Bavli permits, we are not concerned for the Yerushalmi. We rely on the Bavli, for it is Basra. It knew the Yerushalmi better than we do. Since it permits, it knew that the sources in the Yerushalmi to forbid are not reliable.

2.

Rosh (10:20): R. Chananel says that even though Rava answered all the questions, we do not rely on poor answers to reject Ula. The Rif rules like Rava.

3.

Rambam (Hilchos Shabbos 21:3): Women may not play with nuts on Shabbos, lest they come to even out holes.

4.

Rambam (23:4): One who fixes a Kli is liable. Therefore, one may not produce a musical sound on Shabbos, whether with a Kli like a harp, or with other things. One may not even bang his finger on the ground or on a board or snap his fingers like singers, or jingle a nut for a child play with, or a bell to quiet him. All this is a decree lest one fix a Kli Shir.

i.

Rashi (103a DH Meshalshel): The harp strings are wound on pegs. Rotating the peg lengthens the string. Rotating it until the string is the proper length is an Av Melachah.

(c)

Poskim

1.

Shulchan Aruch (OC 338:1): One may not make a sound through a Kli Shir. One may knock on a door unlike Derech Shir.

i.

Beis Yosef (DH Kol): Rashi explains that Ula held that making any sound is forbidden. Rava answered that we forbid only what is pleasant and sounds like Shir.

ii.

Beis Yosef (DH veha'Rosh): The Rosh did not decide between R. Chananel and the Rif, but he favors the Rif, for he brought his opinion last. The Rambam holds like the Rif. He forbids playing with nuts due to evening out holes, and rules like other answers of Rava. He forbids producing a musical sound on Shabbos. This connotes that a non-musical is permitted. Hagahos Maimoniyos brings that several Gedolim rule like Rava, even though the Ri rules like Ula.

iii.

Magen Avraham (1): The Yam Shel Shlomo permits making a sound not of Simchah, e.g. a Gabai who jingles in the Beis ha'Keneses. Hagahos Maimoniyos permits wearing a ring with that makes a sound.

iv.

Machatzis ha'Shekel: Even though the ring is made to make a sound, the one wearing it does not intend for this.

v.

Gra: It seems that the Yerushalmi is primary. We permit only if he does not intend for noise at all, like the Galgal.

vi.

Damesek Eliezer: Rabah permits any sound not for Shir. Ula forbids anyone who intends to makes a sound. The Gra rejects the Rif's proof from Ameimar. Perhaps Ameimar distinguishes, and permits only when he does not intend to makes a sound, unlike the way we initially understood Ula. The Yerushalmi is like this.

vii.

Mishnah Berurah (1): Even clapping the hands for Shir or Simchah is forbidden (339:3), lest one fix a Kli Shir. To clap to quiet a child, he should do so unskillfully (e.g. on the back of the hand).

viii.

Bi'ur Halachah (DH Aval): All permit knocking on a door k'Le'acher Yad, even though he intends to makes a sound. This is no worse than clapping hands k'Leacher Yad.

ix.

Mishnah Berurah (2): Even though he wants to makes a sound so they will open for him, it is not Derech Shir.

2.

Rema: Therefore, one may call to his friend and whistle with his mouth like a bird.

i.

Magen Avraham (2): Even though people whistle for Shir, since he intends to call to his friend, it is permitted, for he does not make it pleasant. Also, he does not do an action. This implies that if he makes it pleasant, it is forbidden. Even though one may sing, this resembles a Kli Shir. In any case I permit, see he does no action.

ii.

Mishnah Berurah (3): Even a pleasant sound is permitted. Chachamim did not decree about what is done with the mouth.

iii.

Kaf ha'Chayim (7): Some make a noise in their throat that sounds like a Kli Shir. Machazik Berachah permits, but Giv'at Sha'ul forbids.

3.

Rema (ibid.): One may not knock on a door with a ring fixed in the door, even if he does not intend for Shir, since the Kli is special for this.

i.

Taz (1): This connotes that one may not hang a string with bells on the Paroches (in front of the Aron Kodesh) so people will hear when they take out the Sefer Torah. It is made to make a noise! One should protest against people who do so.

ii.

Magen Avraham (1): One may not drip water into a metal Kli to make a nice sound. This is like a Kli Shir. We permit for a Choleh, or if done loudly to wake even a healthy person, for then it is not pleasant. All the more so, bells on the Paroches are permitted, for one does not intend for a pleasant sound. We permit for a Choleh, and all the more so for a Mitzvah! Also, nowadays we may be lenient (Rema 339:3, since people are not proficient to make Kli Shir). The Shach (YD 282:4) was lenient since it is for a Mitzvah, so people will hear it and stand. We permit dancing for a Mitzvah [even though it was forbidden lest one make a Kli Shir - PF]. The Taz is stringent, but the custom is to be lenient. Also, the one who opens the Paroches does not intend to make a sound.

iii.

Mishnah Berurah (5): The Taz forbids bells on the Paroches. The Shach was lenient because it is for a Mitzvah, just like we permit dancing on Simchas Torah. This is unlike calling people to come to the Beis ha'Keneses, since that is possible in other ways. Sha'ar Efrayim forbids l'Chatchilah, but permits places that are lenient like the Magen Avraham. They argue similarly about a bell on the door. The Gra forbids. Since it is made to makes a sound, we forbid even though he does not intend for this. The bells on the Paroches should be removed or plugged up before Shabbos. If they were not, one may be lenient, since it is a Mitzvah and he does not intend.

iv.

Magen Avraham (3): In some places they use another Kli to knock on Shabbos.

v.

Mishnah Berurah (4): One may bang with an iron bolt, since it is made to lock and open.

vi.

Bi'ur Halachah (DH Al): Even though we permit dripping water in order to wake someone, and do not decree lest he do so musically, here is more stringent, since the Kli is special to make a sound. However, Perush ha'Mishnayos permits with a chain fixed in the door, since it is not Derech Shir.

4.

Shulchan Aruch (3): One may set before Shabbos a [cuckoo] clock that makes a sound every hour.

i.

Beis Yosef (DH Kasav): This is because it is known that people set it from before Shabbos.

ii.

Chayei Adam (2:44:19): Rashi says that rotating a peg until the string is the proper length is an Av Melachah. The same applies here. If so, on Shabbos one may not even tell a Nochri to wind the clock. Perhaps this does not apply when it is running, so one may permit through a Nochri for the sake of a Mitzvah.

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