A lively discussion ensued at the conclusion of Rosh Hashanah at Congregation Shaarei Orah, the Sephardic Congregation of Teaneck. The topic was a hotly debated topic, as to the permissibility of parents turning on a baby monitor prior to Shabbat or Yom Tov and placing it in an infant’s room so that parents can be alerted to a baby’s crying.
The question hinges on the halachic evaluation of the use of microphones on Shabbat and Yom Tov. As such, we first examined Rav Moshe Feinstein’s classic teshuvah strongly forbidding the use of a microphone on Shabbat and Yom Tov. Rav Moshe (Teshuvot Igrot Moshe Orach Chaim 4:84) sets forth four prohibitions associated with using a microphone on these holy days. Rav Moshe argues that there is concern for transgression of two Torah prohibitions and a definite violation of two Rabbinic edicts.
Rav Moshe is concerned that the process of making a voice louder violates a Torah prohibition such as boneh (building) or makeh b’patish (completing a construction process). He also is concerned that the increased current caused by speaking into a microphone constitutes a Torah-level infraction.
He insists, though, that the microphone parallels the Talmudic prohibition (according to some) of setting a mill before Shabbat to grind grain on Shabbat. In this case, Chazal prohibit this activity since avsha milta (the thing grows louder) and people will suspect that the mill was loaded on Shabbat. Similarly, Rav Moshe notes, regarding a microphone turned on before Shabbat or Yom Tov, there is concern that others will think it was turned on in violation of Shabbat.
Rav Moshe also notes that Chazal prohibit playing musical instruments on Shabbat and Yom Tov lest one fix the instrument. This prohibition extends to even to a kli hameyuchad l’hashma’at kol, an instrument dedicated for projecting sound. Rav Feinstein insists that a microphone is included in this prohibition, as there is definite concern that one may come to adjust it on Shabbat or Yom Tov.
If one read only this teshuvah it would seem that baby monitors are unquestionably forbidden. However, in the very next responsum (Teshuvot Igrot Moshe O.H. 4:85), Rav Moshe endorses the common custom of speaking on Shabbat and Yom Tov to people who are wearing a hearing aid. This is simply astonishing, based on Rav Moshe’s strenuous objections to microphone use on Shabbat and Yom Tov. After all, earphones and microphones are identical in operation!
Rav Moshe explains that since the concern he raised for violation of Torah prohibitions is in serious doubt, we have no right to prohibit the use of hearing aids due to the great need for their use. He also notes that the hearing aid is not parallel to the Talmudic case of a mill since a loud noise is not created. Regarding the prohibition of using an instrument made to project sound, Rav Moshe boldly states that since it constitutes a great need for a hearing-impaired individual, Chazal’s edict was not issued in such circumstances.
How do we classify a baby monitor? Is it similar to a microphone or hearing aid? Hacham Ovadia’s grandson Rav Yaakov Sasson rules that one who wishes to be lenient regarding a baby monitor has upon what to rely. He notes that Hacham Ovadia (Teshuvot Yabia Omer 1:19) concludes, based on discussion with Rav Shlomo Zalman Auerbach, who had a very sophisticated understanding of electricity and Halacha, that no Torah prohibitions are violated when using a microphone. Thus, the question regarding the use of baby monitors involves only a Rabbinic prohibition.
Rav Sasson supports a lenient approach “since an infant is considered to be ‘an individual ill with a non-life-threatening illness’ even when he is healthy (since a baby’s condition is very sensitive and he is constantly in need of his parents’ care); thus, there is room for leniency regarding a Rabbinic prohibition not being performed by the parents and which is only a result of the raising of the baby’s voice.” Thus, there is no parallel between an adult making a conscious decision to use an instrument intended to project sound and a baby whimpering in his room in which his parents placed a monitor.
What remains, though, is a possible parallel to the Gemara’s mill case. There is legitimate concern that people will think the monitor was plugged in on Shabbat. Regarding this concern, we noted that Hacham Ovadia, following Rama, permits setting a machine (such as a washing machine) before Shabbat to run during Shabbat in case of great need. The use of a baby monitor certainly constitutes a great need since it is an essential tool for parents and older siblings to enjoy Shabbat and Yom Tov while responsibly caring for an infant. Therefore, we concurred with Rav Sasson’s conclusion that there is ample room to be lenient and set up a baby monitor before Shabbat or Yom Tov for use on Shabbat and Yom Tov. Indeed, for many families, it is difficult for them to function otherwise. However, as Shaarei Orah family member Steven Noll points out, parents should not deliberately use the baby monitor to communicate across the home.
By Rabbi Haim Jachter
Rabbi Haim Jachter is spiritual leader of Congregation Shaarei Orah, the Sephardic Congregation of Teaneck.
