The basis to permit or forbid playing musical instruments on Shabbat TB Sukkah 50

Today we finished the fourth chapter of our massekhet and began the fifth and last chapter. The fifth chapter deals almost exclusively with the joy connected with the ceremony of the Place of the Drawing of water (Simkhat Beit Hashoavah- שִׂמחַת בֵּית הַשּׁוֹאֵבָה). The Mishnah teaches “The flute (along with other instruments –gg) is played on the festival of Sukkot for five or six days. This is the flute of the Place of the Drawing of the Water, whose playing overrides neither Shabbat nor the Festival. Therefore, if the first Festival day occurred on Shabbat, they would play the flute for six days that year. However, if Shabbat coincided with one of the intermediate days of the Festival, they would play the flute for only five days.” (Sefaria.org translation) Today’s daf TB Sukkah 50 and tomorrow’s daf debate whether the essence of the mitzvah of the song is with instrumentation or a cappella and how it applies to Simkhat Beit Hashoavah.

We know from our study of massekhet Shabbat that the 39 different categories of work and the rabbinic laws of shvut[1] do not apply inside the Temple precincts. For example, only inside the Temple precincts one is allowed to light a fire in order to offer up the Shabbat sacrifices. Anything that is connected to offering up the sacrifices is also permitted. This ceremony of Simkhat Beit Hashoavah took place within the Temple precincts and yet instruments were forbidden.

Tosefot שֶׁאֵינוֹ דּוֹחֶה provides an answer to the question why instruments were forbidden for Simkhat Beit Hashoavah when it fell on Shabbat since the playing of instruments is a shvut. The rabbis forbid the playing of musical instruments outside of the Temple precincts on Shabbat lest the instrument break and a person would repair it which would be a violation of Shabbat. (See TB Beitzah 36b where this shvut would be derived from) The playing of instruments was an integral part of the required song that accompanied the sacrifices and therefore permitted. Tosefot argues that Simkhat Beit Hashoavah is different. It is not part of the sacrificial offering service and therefore its joy doesn’t override Shabbat or the Festival.

Whether musical instruments are played in the modern synagogue on Shabbat depends on how the shul understands and applies the rabbinic prohibition “lest a person repair.”

 

 

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[1] Shvut--Literally, "resting". It covers a whole area of activities which are not strictly work but are to be avoided because they are not in the spirit of the Sabbath or because doing them may lead to acts that constitute a major desecration of the Shabbat. In Halachic terms, Shvut is a rabbinic prohibition. Rabbinic prohibitions are less severe than Torah prohibitions. The sages enacted Shvut laws to protect Torah laws.(Sefaria.org)