Speaking on the telephone. Rabbi Yitzchak Schmelkes (Beit Yitzchak 2:31) states that one violates the rabbinic prohibition of causing a noise to be heard (hashmaat kol) since ones voice is heard elsewhere due to the telephone. Rabbi Auerbach and Rabbi Eliezer Waldenberg, however, disagree71 in light of Ramos ruling (Shulchan Aruch, Orach Chaim 338:1) that no prohibition of causing a noise to be heard applies when the sound is created by a human voice.72 Talking on the telephone causes an increase in the current used. Whether increasing current usage is prohibited on Shabbat is a major halachic issue.73 Rabbi Auerbach maintains that there are no halachic prohibitions associated with causing an increase or decrease in current, in appliances without a heating element or glowing filament. Upon close examination, Rabbi Auerbach appears to be correct even according to those who typically disagree with him. For example, while the Chazon Ish states that completion of a circuit constitutes an act of building, once a circuit has been completed, one does not build anything by increasing current. Similarly, Rabbi Schmelkes, who states that creating a current violates a rabbinic prohibition to create something new, probably would concede that one may increase current. The paradigmatic example he uses of creating something new is the prohibition to created a new scent in a garment. However, it is permitted according to many authorities to increase the intensity of a fragrance in a garment once a scent already exists, because the prohibition is limited to creating a new scent.74 Those who believe that turning on an appliance violated the prohibition of the final blow (makeh bepatish), would limit this assertion to turning on the appliance and not increasing current. After the appliance has been turned on, it has been rendered into a usable item and no further prohibition of the final blow is violated when increasing current. Finally, even if one views the creation of sparks as a halachic problem, no such problem exists when increasing current because an increase in current does not lead to increased creation of sparks. Rabbi Yitzchak Yaakov Weiss and Rabbi Binyamin Yehoshua Silber75 disagree and prohibit increasing current for two reasons. First, it is far from universally accepted that one may increase the intensity of a fragrance already present in a garment (see n. 74). Second, increasing current may not be analogous to increasing the intensity of a scent. One can argue that in many instances the increased current is what enables a desired activity to take place and thus, is more analogous to adding on an entirely different additional scent to a garment,76 which all agree is prohibited. Whether one is permitted to increase current has many halachic ramifications. A few examples are adjustment of (not to turn on or off) a hearing aid,77 speaking directly to someone wearing a hearing aid,78 going up on an automatic elevator,79 and riding an escalator.80 The consensus of rabbinic opinion appears to side with Rabbi Auerbach on this matter.81 The last set of problems that arises from the use of a telephone on Shabbat are hanging up and returning the phone to its holder. The Chazon Ish would prohibit these acts since one opens circuits, thereby violating a biblical prohibition of destroying (soter). As explained above (section II), many authorities disagree with the Chazon Ishs position on this issue.82 Turning on radios or televisions involves completion of a circuit; current flow involves a biblical prohibition according to the Chazon Ish, and a rabbinic prohibition according to Rabbi Schmelkes. Since newer radios and televisions do not contain heating elements or glowing filaments, Rabbi Auerbach raises theoretical possibility that turning on the radio per se does not involve any prohibition, as he does not accept either the opinion of the Chazon Ish or Rabbi Schmelkes as correct. However, it is well established that by turning on a radio, one violates the rabbinic prohibition of causing a noise to be heard with an instrument designed for this purpose (hashmaat kol al yedei keli hameyuchad lekach). Thus, even Rabbi Auerbach rules that a rabbinic prohibition is present when one turns on a radio. Whether one may raise the volume on Shabbat depends upon whether one is permitted to increase current flow on Shabbat.83 However, whether moving the dial from one station to another constitutes a violation of the rabbinic prohibition of making a noise be heard is disputed. Rabbi Waldenberg (Tzitz Eliezer 3:16:12:5) believes that a violation takes place because no coherent sounds are heard in between stations. By tuning in the desired station, one has caused noise to be heard which would not have been heard previously. Rabbi Auerbach (Minchat Shlomo p. 67) disagrees because the broadcasters are the ones who create the sound and only they violate the prohibition of creating a noise that is heard. 71. Minchat Shlomo p. 67 and Tzitz Eliezer 1:20:10/ 72. Rabbi Schmelkes, though, could respond that Ramos ruling is limited to a case when the voice is heard exclusively through speech without the aid of any instrument. The question as to whether speaking into a microphone is considered to be a violation of causing a noise to be heard is contingent upon this disagreement between Rabbi Schmelkes and Rabbi Waldenberg: see Iggerot Moshe, Orach Chaim 4:84 and Minchat Shlomo pp.66-68. 73. Professor Zev Lev discusses this issue at length in Molid Zerem Chashmali Beshabbat, Techumin 2:35-58 (5741). According to some; this issue is related to whether causing more electricity to be generated at the power station constitutes a halachic problem. An increase in current may cause additional generation of electricity and hence, those authorities who rule stringently in this matter would forbid one to cause an increase in current. However, most believe one need not be concerned with this possibility; see Shemirat Shabbat Kehilchatah 1:23:137; see also note 81. 74. Minchat Shlomo, p. 110. This is the view of the Shulchan Aruch Ha-rav, Orach Chaim 511:7. However, Mishnah Berurah 511:26 and Aruch Hashulchan, Orach Chaim 511:12, both assert that this prohibition encompasses even adding scent to a garment that already has a scent. 75. Minchat Yitzchak 3:38; 3:60; and Brit Olam Mechabe Umavir no. 2. 76. Maaseh Choshev p. 47 and Rabbi Halperins Maaliot BeShabbat p. 166. 77. See Shemirat Shabbat Kehilchatah 34:28. 78. Rabbi Auerbach (Minchat Shlomo p. 67) permits doing so but Rabbi Feinstein (Iggerot Moshe, Orach Chaim IV:85) permits doing so only in extenuating circumstances. 79. For an excellent review of the extensive halachic literature discussing the use of automatic elevators on Shabbat, see Encyclopedia Talmudit, Electricity 18:691-704) 80. See Shemirat Shabbat Kehilchatah 23:52. 81. Yabia Omer 1:19; Shemirat Shabbat Kehilchatah 23:52 (and elsewhere); Shealot Uteshuvot Meirosh Tzurim p. 504; Rabbi Yisrael Rosen, Maalit Automatit BeShabbat, Techumin, 5:75 (5744).
Posted on: Sat, 23 Aug 2014 03:51:43 +0000
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