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Listening to Music: Difference between revisions
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* 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 parties. | * 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 parties. | ||
===Dispute of the Rishonim=== | ===Dispute of the Rishonim=== | ||
# Rashi (Gittin 7a | # Rashi (Gittin 7a s.v. Zimra) and Tosfot (Gittin 7a s.v. Zimra) understand that the prohibition of Mar Ukva only includes music at feasts or parties as in the Mishna above. Tosfot adds that one should be strict to cases similar to that of the Yerushalmi (Megillah 5:3) of a person who goes to sleep and wakes up to music. Many Rishonim including: the Smag (Tisha BeAv pg 123b), Chiddushei HaRan (Gittin 7a), Tosfot HaRosh (Gittin 7a), Hagahot Mordechai (beginning of Gittin), and Meiri (pg 20) agree with Rashi and Tosfot. | ||
# 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 comes through instruments or people singing and whether it’s at a feast or not. | # 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 comes through instruments or people singing and whether it’s at a feast or not. | ||
'''Understanding behind the dispute''' | '''Understanding behind the dispute''' | ||
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# 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 to 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 between Rashi and Rambam.] | # 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 to 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 between Rashi and Rambam.] | ||
'''Weddings''' | '''Weddings''' | ||
# Tosfot (Gittin 7a | # Tosfot (Gittin 7a s.v. Zimra) writes that for a Tzorech Mitzvah, such as to make the Chatan and Kallah happy, one may certainly play songs with musical instruments. This is brought by many rishonim including: Meiri, Chiddushei HaRan, Tosfot HaRosh, Smag, Hagahot Mordechai, Hagahot Maimon (Taniot 5). The Rama 560:3 also brings this down. This is brought down for Sephardim as well in 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. Similarly, Sh”t Yachave Daat 1:45 includes: a [[Brit Milah]], a [[Pidyon HaBen]], a Siyum, a Purim Seuda, and Chol HaMoed Dancing. | ||
'''Weddings in Yerushalayim''' | '''Weddings in Yerushalayim''' | ||
# There is an old gezerah that the rabbis of the second half of the nineteenth century established, declaring that there should be no music from musical instruments played at weddings in Yerushalayim. Rav Elyashiv in Bet Chatanim (pg 160) says that the gezerah was restricted to the Old City, while the Torat Chesed held that 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. | # There is an old gezerah that the rabbis of the second half of the nineteenth century established, declaring that there should be no music from musical instruments played at weddings in Yerushalayim. Rav Elyashiv in Bet Chatanim (pg 160) says that the gezerah was restricted to the Old City, while the Torat Chesed held that 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. | ||
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==Halachot== | ==Halachot== | ||
# According to Ashkenazim, some say that it is permitted to listen to music year-round except at a feast with wine. <ref> | # According to Ashkenazim, some say that it is permitted to listen to music year-round except at a feast with wine. <ref> | ||
* The Gemara in Gittin 7a learns from Pesukim in Nach that it is forbidden to sing songs or play musical instruments. Tosfot (Gittin 7a | * The Gemara in Gittin 7a learns from Pesukim in Nach that it is forbidden to sing songs or play musical instruments. Tosfot (Gittin 7a s.v. Zimra) understand that the prohibition includes only music at feasts of wine, as in the Mishna Sotah 48a. Tosfot add that one should be strict in cases similar to that of the Yerushalmi of a person who goes to sleep and wakes up to music. The Rambam (Taaniyot 5:14), by contrast, writes that it’s forbidden to play musical instruments in all cases, and mere singing is forbidden only at a feast with wine. Strangely, the Rambam in his responsa (# 224) seems to forbid listening to music whether it comes through instruments or people singing and whether it’s at a feast or not. | ||
* Shulchan Aruch 560:3 rules like the Rambam in Yad Chazakah. The Rama 560:3, though, quotes the opinion of Tosfot as normative, while the Bach 560 holds like the Sh”t HaRambam. Many acharonim, including the Magen Avraham 560:9, Mishna Brurah 560:13, Kaf HaChaim 560:26, and Sh”t Az Nidbaru 8:58 cite the Bach and seem to hold like him. Kitzur S”A 126:3 clearly holds like the Bach. Sh”t Igrot Moshe 1:166 rules like S”A but adds that a righteous individual should be strict for the Bach. | * Shulchan Aruch 560:3 rules like the Rambam in Yad Chazakah. The Rama 560:3, though, quotes the opinion of Tosfot as normative, while the Bach 560 holds like the Sh”t HaRambam. Many acharonim, including the Magen Avraham 560:9, Mishna Brurah 560:13, Kaf HaChaim 560:26, and Sh”t Az Nidbaru 8:58 cite the Bach and seem to hold like him. Kitzur S”A 126:3 clearly holds like the Bach. Sh”t Igrot Moshe 1:166 rules like S”A but adds that a righteous individual should be strict for the Bach. | ||
* On the other hand, Sh”t Tzitz Eliezer 15:33, Rav Belsky in Shulchan HaLevi 16:2, Hilchot Chag BeChag (p. 24), and Sh”t Sheilat Shlomo 7:59 accept the position of the Rama. </ref> According to Sephardim, however, many hold that it is forbidden to listen to musical instruments anytime, and even vocal songs are prohibited at a feast with wine. Nonetheless, many Sephardim are lenient to listen to recorded music or music over the radio. <Ref>* 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 to be the same as listening to the music live. Sh”t Chelkat Yaakov 64:2 argues that since the music comes from an instrument that didn’t exist in the time of Chazal, it should not be forbidden under Chazal’s prohibition. On the other extreme, Sh”t Az Nidabru 8:58:3 and Sh”t Sheivet HaLevi 2:57 hold that recorded music is always considered music from musical instruments, even if it was recorded as “a capella”, because it emanates from an instrument (i.e. the music player). | * On the other hand, Sh”t Tzitz Eliezer 15:33, Rav Belsky in Shulchan HaLevi 16:2, Hilchot Chag BeChag (p. 24), and Sh”t Sheilat Shlomo 7:59 accept the position of the Rama. </ref> According to Sephardim, however, many hold that it is forbidden to listen to musical instruments anytime, and even vocal songs are prohibited at a feast with wine. Nonetheless, many Sephardim are lenient to listen to recorded music or music over the radio. <Ref>* 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 to be the same as listening to the music live. Sh”t Chelkat Yaakov 64:2 argues that since the music comes from an instrument that didn’t exist in the time of Chazal, it should not be forbidden under Chazal’s prohibition. On the other extreme, Sh”t Az Nidabru 8:58:3 and Sh”t Sheivet HaLevi 2:57 hold that recorded music is always considered music from musical instruments, even if it was recorded as “a capella”, because it emanates from an instrument (i.e. the music player). | ||
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# The minhag is to be lenient regarding playing and listening to music during Chol HaMoed for simchat HaChag. <Ref>Sh”t Mishna Halachot 8:188 leaves it in a tzarich iyun. Az nidabru 10 :23:2 says it’s clearly permissible as does Sh”T Yachave Daat 1:45. </ref> | # The minhag is to be lenient regarding playing and listening to music during Chol HaMoed for simchat HaChag. <Ref>Sh”t Mishna Halachot 8:188 leaves it in a tzarich iyun. Az nidabru 10 :23:2 says it’s clearly permissible as does Sh”T Yachave Daat 1:45. </ref> | ||
===Wedding and Sheva Brachot=== | ===Wedding and Sheva Brachot=== | ||
# One is allowed to play and listen to music at a wedding. <Ref> Tosfot (Gittin 7a | # One is allowed to play and listen to music at a wedding. <Ref> Tosfot (Gittin 7a s.v. 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, Hagahot Mordechai, Hagahot Maimon (Taniot 5) and ruled into Halacha by Rama 560:3, and even Sephardic achronim including Sh”t Yachave Daat 1:45. </ref> | ||
# Some permit playing music at a Sheva Brachot meal during the three weeks, while some forbid. <Ref> Torat HaMoadim 5:4 writes that a simcha of Sheva Brachot would permit music during the three weeks. (It seems that Sh”t Igrot Moshe 166 and Sh”t Yechave Daat 1:45 would agree.) However, Rav Vosner in Sh”t Shevet HaLevi 3:157 writes explicitly that for a simcha of Sheva Brachot music and dancing are forbidden. </ref> | # Some permit playing music at a Sheva Brachot meal during the three weeks, while some forbid. <Ref> Torat HaMoadim 5:4 writes that a simcha of Sheva Brachot would permit music during the three weeks. (It seems that Sh”t Igrot Moshe 166 and Sh”t Yechave Daat 1:45 would agree.) However, Rav Vosner in Sh”t Shevet HaLevi 3:157 writes explicitly that for a simcha of Sheva Brachot music and dancing are forbidden. </ref> | ||
