Listening to Music

Is there a prohibition on listening to music and if so, how does it apply? The Gemara Gittin 7a states that after the Churban Bayit, Mar Ukva forbad singing, playing, or listening to music whether the music comes from people singing or if it comes from musical instruments. The Mishna in Sotah 48a also says that after the disembodiment of the Sanhedrin, singing songs become forbidden at a feast or party.

• (a) Rashi (Gittin 7a D”H Zimra) and Tosfot (7a D”H Zimra) understand that the prohibition of Mar Ukva or includes music at feasts or parties just like in the Mishna Sanhedrin. 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 to 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 with the mouth is only forbidden at a feast with wine. Tur 560:3 quotes the Sh”t HaRambam 370 who forbids listening to music irrelevant of 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 Chazah (Taniot 5:14). Rama 560:3 brings the opinion of Tosfot as Halacha that the prohibition of music is limited to a party/feast with wine or someone who regularly listens to music going to sleep and waking up like the practice of kings.

• (d) The Bach 560:3 holds that all music is forbidden irrelevant if it’s sung by people played on instruments, at a feast or not just like the Sh”t HaRambam and explains that this is also what he meant in Yad Chazah. This stringen0t opinion is found in 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 and defend the minhag including Sh”t Igrot Moshe 1:166 (but he does add that a Bal Nefesh should preferably be strict for this 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 Shelat Shlomo 7:59, 7:60 mentions that even though many Achronim are strict like the Bach, the Mishna Brurah doesn’t bring up any stringency against the Rama and so one can rely on the rely on the Rama. However this is difficult to understand because anyone who looks in Mishna Brurah 560:13 (just like Bear Hetiev 560:6) will see clearly that the Mishna Brurah quoting the opinion of the Bach as halacha.]

• (e) Religious music: Rambam (Taniot 5:14) adds that the minhag is to be lenient in listening to songs that (people sing which) are thanks or praise to Hashem is permissible. This leniency is based on the Rif (Brachot 21b, fifth perek) in name of Rav Hai Goan writes that singing songs of romance about affection or beauty of another person is forbidden, however, songs of thanks and praise to Hashem are permitted even at weddings and parties. This is brought by the 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: There’s a dispute between the Meiri (Gittin 7a) and Otzer Geonim (Gittin 7a Siman 18) who permit songs of praise even using musical instruments against the Orchot Chaim (Tisha BeAv 14) who 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 as the Magan Avraham 560:10 writes that Torah mourns itself before Hashem when Jews make a mockery of it by singing it’s 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) for example, classical music. But it’s proper not to listen 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 Magan Avraham 551:10). Others including Rabbi Solavatchik (quoted in RJJ journal vol 14 pg 34), 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.

• (h) Wedding in Yerushalyim: there is an old gezerah that the rabbis in the second half of the nineteenth century established that there be no music from musical instruments played at weddings in Yerushalyim. Rav Elyashiv in Bet Chatanim pg 160 says that the gezerah was restricted to the old city, while the Torat Chesed held it applies even outside the old city. See RJJ journal #14 pg 23, Shalmat Chayyim 1:77, 4:34, 5:40, Sh”t Shevet HaLevi 6:69 and Sh”t Tzitz Eliezer 15:33.

• (k) Tape recorder: According to Sh”t Igrot Moshe 1:166 and Sh”t Tzitz Eliezer 15:33:2, listening to music through a radio or tape-recorder is considered by most to be the same as listening to the music live (if it was recorded by a person singing, listening to it is considered like a person singing, and the same for if music of instruments was recorded). However, Sh”t Chelkat Yacov 62:2 (also quoted by Sh”t Yachave Daat 1:45, 6:34) argues that since the music comes from an instrument that didn’t exist in the time of Chazal it should be considered forbidden under the gezera of Chazal. However, the Sh”t Az Nidabru 8:58 argues that recorded music is always considered music from musical instruments even if it was recorded from people singing since now it emanates from an instrument and produces an artificial sound.

• (l) Sefirah and three weeks: Many Achronim (Sh”t Igrot Moshe 1:166, 5:87. 6:21:4, Sh”t Yacheve Daat 6:34, Sh”t Kapei Aharon Epstein 52, and Torat HaMoadim 5:2) write that even those who are lenient to listen to music the rest of the year should be strict to listen during the Sefirah and three weeks.

• (m) Understanding behind the dispute: Rabbi Aharon Kahn (RJJ journal #14 (pg 7-48)) suggests that the Rambam understood the prohibition as a way of refraining from joy after the destruction of the temple. This is clear from the language of the Rambam. [This is also reflected in the placement of this Halacha by the Rambam in Hilchot Taniot and Tur and S”A in the Siman of Zecher LeMikdash.] However, Tosfot (see Meiri (Gittin 7a)) understood that the prohibition was enacted because of vulgar songs and ths is was only applicable after the Sanhedrin lost it’s authority because it was then that people lost respect for the rabbis, and began to sing improper songs at weddings.