By Rabbi Yair Hoffman for Five Towns Jewish Times

A reader wrote in: “Is it muttar to beatbox on Shabbos, or is that considered using a musical instrument and thus making it assur to do?”

Not being sure what beatboxing is, this is the Wikipedia entry: “Beatbox is a form of vocal percussion primarily involving the art of mimicking Drum machines using one’s mouth, lips, tongue, and voice. It may also involve vocal imitation of turntablism, basslines, and other musical instruments. Beatboxing today is connected with hip-hop culture, being one of “the elements”, although it is not limited to hip-hop music. The term “beatboxing” is sometimes used to refer to vocal percussion in general.”

The Shulchan Aruch in Siman 338 explains that the sages forbade the use of musical instruments. Elsewhere, he explains that this is out of concern that one may forget and fix it if it breaks.

The Ramah adds that one is permitted to call his friend making bird noises. The Mishna Brurah points out that whistling would be permitted since no action is involved.

The Aruch HaShulchan is a bit perplexed by this Ramah, in that singing is certainly permitted, so what is the Ramah adding? He answers that the Ramah is explaining that even if one uses his hands to help his mouth create noise – it is still permitted.

This is interesting because the Mishna Brurah had pointed out that using hands to make noise would be forbidden. The Piskei Teshuvos opines that the Mishna Brurah and Shulchan Aruch are arguing regarding making noise with the mouth through utilizing one’s hand. The Aruch HaShulchan would permit it while the Mishna Brurah would forbid it. This is the conclusion of the Piskei Teshuvos in how to understand the Mishna Brurah. It is not directly stated in the Mishna Brurah, however.

Most true beatboxers do not use their hands when making noises, as there are specific sounds that are made in this technique and none of them involve the hands. There are some people, it seems, that do use their hands. Those that do are divided into two categories: The first is where the noise comes from the hand, which would be forbidden; the second is where the moise comes through the mouth which might be a debate between the Mishna Brurah and the Aruch HaShulchan.

There are two other issues: Some beatboxers are so good that it seems almost impossible for the noise to emanate only from the mouth. Is there an issue of maaris ayin there? The Shach (YD 87:6) and the Chochmas Adam (40:3) both forbid Maris Ayin even on Rabbinic injunctions.

It would seem to this author that if someone is so good that it appears impossible to make the noise without real drums it would be forbidden on account of Maris ayin. Before anyone dismisses this as absurd, the author suggests that he or she watch someone do it who is extremely good at it. The initial reaction is that there must be a speaker system nearby.

The second issue is whether it involves a violation of “ubechukosaihem lo sailechu, – do not walk in their ways.” It is a violation of walking in the ways of the gentiles if one adopts a practice that originated and is practiced by gentiles that involves either idol-worship or immodesty. A quick glance at the origin of this new music shows that it did originate with gentiles but was not exclusively used with immodesty. Thus it would not be prohibited under this category.

So, in conclusion, it would be permitted up to a point where someone is so good at it that it becomes maaris ayin. Where there is clearly no maris ayain, it would be permitted.

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