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Is there a prohibition | Is there a prohibition of listening to music, and, if so, how does it apply? | ||
The Gemara Gittin 7a states that after the Churban Bayit, Mar Ukva | The Gemara in Gittin 7a states that after the Churban Bayit, Mar Ukva forbade singing, playing, and listening to music. That applies whether the music comes from people singing or whether it comes from musical instruments. The Mishna in Sotah 48a also says that after the dissolution of the Sanhedrin, singing songs became forbidden at feasts parties. | ||
*(a) Rashi (Gittin 7a D”H Zimra) and Tosfot (7a D”H Zimra) understand that the prohibition of Mar Ukva | *(a) Rashi (Gittin 7a D”H Zimra) and Tosfot (7a D”H Zimra) understand that the prohibition of Mar Ukva only includes music at feasts or parties just like the Mishna above. Many Rishonim including: the Smag (Tisha BeAv pg 123b), Chiddushei HaRan (Gittin 7a), Tosfot HaRosh (Gittin 7a), Hagat Mordechai (beginning of Gittin), and Meiri (pg 20) agree with Rashi and Tosfot. | ||
*(b) On the other hand, the Rambam (Taniot 5:14) writes that it’s forbidden to play musical instruments in any case and singing | *(b) On the other hand, the Rambam (Taniot 5:14) writes that it’s forbidden to play musical instruments in any case, and singing is only forbidden at a feast with wine. Tur 560:3 quotes the Sh”t HaRambam 370 who forbids listening to music whether it’s through instruments or people singing and whether it’s at a feast or not. | ||
*(c) S”A 560:3 rules like the Rambam in Yad | *(c) S”A 560:3 rules like the Rambam in Yad Chazakah (Taniot 5:14). Rama 560:3 brings the opinion of Tosfot as the Halacha that the prohibition of music is limited to a party or feast with wine. Additionally, it applies to someone who regularly listens to music when going to sleep and waking up as is the practice of kings. | ||
*(d) The Bach 560:3 holds that all music is forbidden | *(d) The Bach 560:3 holds that all music is forbidden whether it’s sung by people, played on instruments, is at a feast or isn't at a feast as the Sh”t HaRambam (see *(b)) holds. Furthermore, the Bach explains that this is also what the Rambam meant in his Yad Chazakah. This stringent opinion is brought as halacha by some achronim including: Magan Avraham 560:8, Shlah (Tanit pg 60d), Bear Sheva (Sotah 49a), Mishna Brurah 560:13, and Sh”t Az Nidabru (8:58). Some Achronim side with the Rama such as: Sh”t Igrot Moshe (1:166) (but he does add that a Bal Nefesh (one who cares for his soul) should preferably be strict in accordance with the Bach), Rabbi Moshe Karp (Hilchot Uminhagei Ben HaMesarim pg 24), and Sh”t Tzitz Eliezer (15:33) (who says that the minhag shouldn’t be questioned). [The Sh”t Sheilat Shlomo (7:59-60) mentions that even though many Achronim follow the Bach, the Mishna Brurah doesn’t bring up any objections against the Rama, so one can surely rely on the Rama.] However, this is difficult to understand because the Mishna Brurah 560:13 (also Bear Hetiev 560:6) quotes the objection of the Bach in reference to the Rama. | ||
*(e) Religious music: Rambam (Taniot 5:14) adds that the minhag is to be lenient in listening to songs that | *(e) Religious music: Rambam (Taniot 5:14) adds that the minhag is to be lenient in listening to songs that include praise to Hashem. This leniency is based on the Rif (Brachot 21b, fifth perek) in the name of Rav Hai Gaon who writes that whereas singing songs of romance is forbidden, songs praising Hashem are permitted, even at parties. This is brought down by: Rosh (Brachot 5:1), Ramban (Hilchot Avel Yishana pg 89a), Sefer HaEshkol (1 pg 23), Sefer HaMeorot (Brachot 31a), Ravyah (Brachot Siman 91), Chiddushei HaRan (Gittin 7a), Ritva (Gittin 7a), Rabbenu Yerucham (pg 186c), Kaftor VePerach (6 pg 110), and Orchot Chaim (Hilchot Tisha BeAv 14). | ||
*(f) Jewish music: | *(f) Jewish music: The Meiri (Gittin 7a) and Otzer Geonim (Gittin 7a Siman 18) both permit songs of praise with musical instruments. However, the Orchot Chaim (Tisha BeAv 14) limits the leniency of songs of praise to people singing without musical instruments. Most Achronim hold like the Meiri including: the Maharikash (560e), Tzafnat Paneach (Devarim pg 156c), Sh”t Shoel VeNishal (O”C 6:45), Shemen HaMishcha (Tanit 560), Sh”t Sharei Tzion HaCohen (O”C 38), and Chazon Ovadyah (Arba Taniot pg 434). | ||
*(g) Jewish music: Even songs of Torah and thanks to Hashem must be sung with the proper attitude and seriousness | *(g) Jewish music: Even songs of Torah and thanks to Hashem must be sung with the proper attitude and seriousness. Similarly, the Magen Avraham 560:10 writes that the Torah weeps before Hashem when Jews make a mockery of it by singing its verses. | ||
*(h) Classical music: Halichot Shlomo (pg 412) quotes Rav Shlomo Zalman who permits listening to music that doesn’t lead to (or accompany) dancing (whether it’s sung or played by an instrument) | *(h) Classical music: Halichot Shlomo (pg 412) quotes Rav Shlomo Zalman who permits listening to music that doesn’t lead to (or accompany) dancing (whether it’s sung or played by an instrument). For example, classical music would fall into this category. It’s proper not to listen to such music during the three weeks as a sign of mourning. Similarly, Rabbi Shlomo Dechovsky (Techumin, Vol 21 pg 67) quotes Rav Moshe Feinstein as permitting listening to classical music as one works because it’s unrelated to dancing (the primary prohibition of simcha is dancing, as in Magen Avraham 551:10). Others including: Rabbi Yosef B. Soloveitchik (quoted in RJJ Journal vol 14 pg 34) and Aseh Lecha Rav (3 pg 16). Lastly, Peninei Halacha (pg 145) permits songs that don’t lead or involve simcha and all the more so sad songs. [Sh”t Shelat Shlomo 7:60 says that classical music should depend on the dispute of Rashi and Rambam.] | ||
*(i) At a wedding: Tosfot (Gittin 7a D”H Zimra) writes that for a Tzorech Mitzvah such as to make the Chatan and Kallah happy, one may lechatchila play songs with musical instruments. This is brought by many rishonim including Meiri, Chiddushei HaRan, Tosfot HaRosh, Smag, Hagot Mordechai, Hagot Maimon (Taniot 5) and ruled into Halacha by Rama 560:3, and even Sephardic achronim including Sh”t Yachave Daat 1:45. Sh”t Igrot Moshe O”C 168 permits all types of festivities of mitzvah and says that perhaps even a tzadeka banquet can be included. So too Sh”t Yachave Daat 1:45 includes Brit Milah, Pidyon HaBen, Siyum, Sueda of Purim, and simcha on Chol HaMoed. | *(i) At a wedding: Tosfot (Gittin 7a D”H Zimra) writes that for a Tzorech Mitzvah such as to make the Chatan and Kallah happy, one may lechatchila play songs with musical instruments. This is brought by many rishonim including Meiri, Chiddushei HaRan, Tosfot HaRosh, Smag, Hagot Mordechai, Hagot Maimon (Taniot 5) and ruled into Halacha by Rama 560:3, and even Sephardic achronim including Sh”t Yachave Daat 1:45. Sh”t Igrot Moshe O”C 168 permits all types of festivities of mitzvah and says that perhaps even a tzadeka banquet can be included. So too Sh”t Yachave Daat 1:45 includes Brit Milah, Pidyon HaBen, Siyum, Sueda of Purim, and simcha on Chol HaMoed. |