Recording a Chazzan on Shabbos – An in-depth analysis

This amazing chazzan is coming to my shul this shabbat and I really would like to record it, so may I place a recording machine on the podium and after shabbat, I will take it? Thank you for your question.

Thank you for your question.

The halacha:

Although there is no prohibition in doing so (when the chazzan is not aware he is being recorded), one should not do so since it would be considered a zilzul (a disrespect) of Shabbat.

The halacha explained:

The reason it is permitted is that, since the chazzan is not aware that he is doing anything prohibited since he does not know he is being recorded, he is considered a misasek . However, the person who placed the recorder transgresses the prohibition of lifnei iver lo titen michshol , since by placing the recorder, he has caused the chazzan to unintentionally ( misasek ) transgress a prohibition of Shabbos.

When someone is misasek , it means he has no idea that he is performing an action that is prohibited on Shabbos. For example, in your case, the chazzan simply believes he is praying in front of an audience and is unaware that he is also being recorded. This is called misasek , and it should not be confused with shogeg , which refers to someone who is aware of the action he is performing but does not know that it is forbidden to do so on Shabbos.

There is a dispute among the Rishonim whether an action done as a misasek is not only exempt from requiring a korban (as one would bring for mistakenly performing a melacha on Shabbos), but whether there is not even a Torah prohibition ( issur d’oraita ) in what he did. This is the opinion of the Mekor Chaim (Hilchot Pesach), Shut Rabbi Akiva Eiger (Mahadura Kama, Siman 8), Eglei Tal (Hilchot Kotzer, Siman 24), and Shut Avnei Nezer (Orach Chaim, Siman 251).

The opinion of the Oneg Yom Tov is that even though one is exempt from bringing a korban in a case of misasek, nevertheless, there is a biblical transgression .

Tosafot, Tractate Shabbat, page 11, writes that misasek is an issur derabbanan . Therefore, when one places the recorder on the amud of the chazzan, he has caused the chazzan to transgress the prohibition of misasek .

However, we could say that in this case, it may not even be considered misasek , but rather an ones , since the chazzan had no way of knowing that there was a recording device. We would need to determine whether the prohibition of lo titen michshol applies even when the transgression caused is done as an ones .

This is a debate in halacha:

The Biur Halacha 266: “חמורו” brings in the name of the Pri Megadim that in such an instance, there would not be a prohibition of lifnei iver .

However, the Kovetz Shiurim on Tractate Ketubot, Ot 12, writes that there would be a prohibition of lifnei iver even in a case where the person is transgressing the issur be'ones

HaGaon Harav Fried, shelit”a, writes that the machlokes depends on the understanding of the exemption of ones .

Is it understood that the person has transgressed an issur , but since it was done be'ones , he is exempt from punishment? Or do we say that since the melacha was done be'ones , it is not considered as having been done by the person at all, it is as if it happened on its own, without any involvement on his part, since it was be'ones ?

The Pri Megadim understands that since the act was carried out be'ones , it is as if the person did not perform the action at all. Therefore, there would be no prohibition of lifnei iver . However, the Kovetz Shiurim would hold that the act is still considered as having been carried out, but the person is exempt from punishment since it was done be'ones . According to this approach, there would be a prohibition of lifnei iver .

However, there is further room to say that this would not even be considered doing a melacha at all — not even a melacha be’ones — since there is a rule in Hilchot Shabbos that a person is permitted to walk in the streets even though they may be videoed by CCTV cameras or satellites. The reason for this is that since my intention is simply to walk in the street, and I have no interest in the cameras recording me, it is therefore permitted. So too, we could say the same in our case, since the chazzan merely wants to sing for the people in the shul, and he is unaware of the recorder and has no interest in it, it would not be considered a melacha at all.

So to summarize: it is possible that lifnei iver could apply even when the transgression is done be’ones . On the other hand, there may be no prohibition of lifnei iver in such a case, since it was a melacha done Be’ones. It may also not be considered a melacha at all, since it is comparable to being recorded by CCTV cameras, and would therefore be halachically permitted.

However, it would still be considered a zilzul (disrespect) of the holiness and sanctity of Shabbos by recording the chazzanut on Shabbos Kodesh, and therefore, one should refrain from doing so.

Wishing you well.

Tosafot, Shabbat 11a

 Biur Halacha 266: “chamoro”

 Pri Megadim, Orach Chaim 266

 Kovetz Shiurim, Ketubot, Ot 12

 Shut Rabbi Akiva Eiger, Mahadura Kama, Siman 8

 Eglei Tal, Hilchot Kotzer, Siman 24

 Shut Avnei Nezer, Orach Chaim, Siman 251

 HaGaon Harav Amram Fried, shelit”a - Azamro Lishmecho