Listening to Music: Difference between revisions

===Halachic discussion===

# Shulchan Aruch 560:3 rules like the Rambam in Yad Chazakah (Taniot 5:14). Rama 560:3 brings the opinion of Tosfot as the Halacha (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.             

===Specific cases===

# Rambam (Taniot 5:14) adds that the minhag is to be lenient about 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).See Ish Matzliach's comment on Mishna Brurah holds like the Orchot Chaim.                 

# 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).             

'''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) agree. 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.]             

# 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. The same goes for recorded music of instruments. ***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***(check citation for clarification) However, Sh”t Az Nidabru 8:58 and Sh”t Shevet HaLevi 8:127 argue that recorded music is always considered music from musical instruments even if it was recorded from people singing. He explains that it emanates from an instrument and produces an artificial sound. [See Shalmei Moed who quotes Rav Elyashiv as agreeing with the Igrot Moshe.]             

'''Sefirah and three weeks'''

==Halachot==

* 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).

# Many authorities hold that classical music is not included in this prohibition. <Ref> Rabbi Chaim Jachter (Gray Matter vol 3 p. 5) quotes Rav Soloveitchik as saying that classical music was not included in the prohibition of Chazal altogether. Sheilat Shlomo 7:60 agrees. Similarly, Rav Shlomo Zalman (Halichot Shlomo 11:14 and 14:3) permits listening to music that does not lead to dancing, even if it contains musical instruments, even during the three weeks and sefirat ha’omer. He adds, though, that for the three weeks, it is proper to be strict. See also Rabbi Dichovsky’s essay (Techumin Vol 21 p. 67) where he quotes Rav Moshe Feinstein as permitting listening to background music as one works, learns, or drives during the three weeks because such music is unrelated to dancing. </ref>

# Listening to music to prevent depression is permissible but this leniency should be used restrictively and preferably only after consulting a local Rabbi. <Ref> Sh”t Shevet HaLevi 6:69 permits listening to music so as to prevent a person from becoming depressed. Sh”t Maharshag 2:155, Chelkat Yaakov 1:62, Sh”t Mishna Halachot 6:106, and Sh”t Az Nidabru 5:58:2 also permit music to prevent depression, however, Sh”t Az Nidabru warns not to use this leniency too loosely because it could lead to uprooting the entire Halacha of listening to music; therefore, a person should ask a local Rabbi about their situation.  </ref>

* (b) Additionally, Torah HaYeshivot argues that perhaps the prohibition only applies if one goes to sleep and wakes up but [[waking up]] alone might not be an issue. [The Pri Megadim says that one should protest against those who eat a meal everyday next to those who play music. Mishna Brurah 560:12 brings this as Halacha. It’s very clear from the language of the Pri Megadim and Mishna Brurah are discussing is that of having music of a feast, but regarding having music regularly isn’t an issue. This is even more explicit in the Shaar HaTziyun 560:23 who says that one shouldn’t protest since they have the Hagahot Mordechai to rely on who says that a music at a meal only an issue of a meal of only wine or wine before eating, however drink together with a meal isn’t an issue. Accordingly, it seems that the Mishna Brurah holds that listening to music daily at midday isn’t forbidden unless there’s an issue of a feast. Similarly, the Sh”t Shevet HaLevi 6:69 writes that those who listen to music on the radio morning, at a meal, and night are definitely violating an isser, implying that regularly listening music means multiple times a day. However, Sh”t Az Nidabru 8:58:4 writes that to him it seems that listening everyday at lunch is considered listening to music regularly like the listening of the kings, nonetheless, regarding protesting others who should be lenient (like the Mishna Brurah). Sh”t Az Nidabru concludes that this issue of listening regularly depends on the minhag. Accordingly, someone who just wakes up to music has what to rely on in that it’s that it’s not called listening regularly.] </ref>

# If the singer of a recorded song is a wicked person it is forbidden to listen to his music. <Ref> Sh”t Mishna Halachot 6:108. See also [http://www.chabad.org/library/article_cdo/aid/568482/jewish/Is-there-any-issue-with-listening-to-non-Jewish-music.htm Chabad.org]. </ref>

==Three Weeks==

{{Listening to Music during the Three Weeks}}