Listening to Music: Difference between revisions
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# 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. | # 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. | ||
# 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 above) 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: Magen Avraham 560:8, Shlah (Tanit pg 60d), Bear Sheva (Sotah 49a), Mishna Brurah 560:13, and Sh”t Az Nidabru 8:58(1). Sh”t Igrot Moshe 1:166 writes that a righteous individual should be strict for the Bach, and Sh”t Az Nidbaru 8:58(1) holds that the minhag to rely on the Rama is a weak minhag. | # 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 above) 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: Magen Avraham 560:8, Shlah (Tanit pg 60d), Bear Sheva (Sotah 49a), Mishna Brurah 560:13, and Sh”t Az Nidabru 8:58(1). Sh”t Igrot Moshe 1:166 writes that a righteous individual should be strict for the Bach, and Sh”t Az Nidbaru 8:58(1) holds that the minhag to rely on the Rama is a weak minhag. | ||
# Some Achronim side with the Rama, such as: | # Some Achronim side with the Rama, such as: 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.] | ||
# The Sh”t Igrot Moshe 1:166 sides with the Shulchan Aruch and the Rambam in Yad Chazakah that forbid musical instruments in any case. He adds that a Baal Nefesh (one who cares for his soul) should preferably be strict in accordance with the Bach. However, in 3:87 he says not to protest against one who is lenient like the Rama. | |||
===Specific cases=== | ===Specific cases=== | ||
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# 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. | ||
'''Listening to the radio''' | '''Listening to the radio''' | ||
# 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.] | # 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 not 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''' | '''Sefirah and three weeks''' | ||
# Many Achronim (Aruch HaShulchan 493:2, Sh”t Igrot Moshe 1:166, 5:87. 6:21:4, Sh”t Yacheve Daat 6:34, Sh”t Kapei Aharon Epstein 52, Yalkut Yosef Moadim pg 434, Maamer Mordechai of Rav Mordechai Eliyahu [[Sefirat HaOmer]] #40 and Torat HaMoadim 5:2) write that even those who are lenient to listen to music during the rest of the year should refrain from listening during the Sefirah and three weeks. The Igrot Moshe 1:166 and Sh”t Yechave Daat 6:34 hold that only instrumental music is forbidden during the Sefira, while Sh”t Shevet HaLevi 8:127, and Sh”t Tzitz Eliezer 15:33 forbid even recorded vocal music. | # Many Achronim (Aruch HaShulchan 493:2, Sh”t Igrot Moshe 1:166, 5:87. 6:21:4, Sh”t Yacheve Daat 6:34, Sh”t Kapei Aharon Epstein 52, Yalkut Yosef Moadim pg 434, Maamer Mordechai of Rav Mordechai Eliyahu [[Sefirat HaOmer]] #40 and Torat HaMoadim 5:2) write that even those who are lenient to listen to music during the rest of the year should refrain from listening during the Sefirah and three weeks. The Igrot Moshe 1:166 and Sh”t Yechave Daat 6:34 hold that only instrumental music is forbidden during the Sefira, while Sh”t Shevet HaLevi 8:127, and Sh”t Tzitz Eliezer 15:33 forbid even recorded vocal music. | ||
==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 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. | * 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. | ||
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* (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> | * (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> | # 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> | ||
# If a certain | # If a certain musician was religious and then rejected religion, some poskim hold that it is forbidden to listen to his music that he produced when he was religious unless the musician’s name is removed from that music and it’s not recognizable that it’s from that singer,<Ref> Sh”t Mishna Halachot 6:108 </ref> while other poskim hold that it is permitted to listen to their music they produced before they became not religious, and even to listen to their music they produced afterwards is permitted but a ben torah should be strict. Additionally, this only applies to someone who became a real kofer and not someone who did sins for pleasure.<ref>Igrot Moshe EH 1:96</ref> | ||
==Three Weeks== | ==Three Weeks== | ||
{{Listening to Music during the Three Weeks}} | {{Listening to Music during the Three Weeks}} | ||
