Music in Halakhic Perspective: Recent Decisions

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a) Rambam or Rema? Rav Moshe Feinstein, z "I, [in Igroth Moshe responsa, I, Orah Hayyim,# 166] concludes that a sensitive person [ba'al nefesh] should take the Rambam's responsum into account and avoid all singing [as is the opinion of the Bach]. However, he adds, the halakhah follows the Rambam’s approach in the Yad, which according to Rav Feinstein, dovetails with the opinion of Tosafoth. All instrumental music is forbidden. Singing is permitted unless it is over wine or with great regularity and frequency. He does not accept the position regarding instrumental music offered by the Rema, because he does not come to the same conclusions about Tosafoth as the Rema. According to Rav Feinstein the Tosafoth coincide with th Rambam.[Which is, most likely, the approach of the Yam Shel Shelomoh to Tosafoth. See Rav Obadiah Yosef’s response Yehaveh Da'ath I, #45. Rav Yosef also noticed that Rav Feinstein is taking the Yam Shel Shel moh's approach to Tosafoth]. May we follow the opinion of the Rambam in his responsum? Rav Obadiah Yosef, in responsa Yehaveh Da'ath I #45, cites as a rule of thumb in halakhic decision, that if there is a contradiction between the pesak of the Rambam in the Yad and his pesak in a responsum, we follow the Yad. He adds, however that according to the Bach there is no such contradiction here because the Bach will reinterpret the Yad according to the responsum, so that the Rambam is consistently stringent in the matter of singing. Rav Binyomin Silber, in h s response Az Nidberu viii, #58, is asked whether the Mishnah Berurah who cites the stringent opinion of the Bach and the Kaf Hahayyim who cites the same opinion in the name of the SHeLaH and the Eliyahu Rabbah, are writing the pesak halakhah as it must be practiced. After all, the Mishna Berurah himself in Bi'ur Halakhah, ibid., adds that people do not seem to follow the Bach in their daily lives. Is then the opinion of the Bach to be followed in practice or can we be more lenient? Rav Silber responds that from the fact that these authorities seem to complain bout current practice, it appears that they demand a change from current practice to the more stringent position. Rav Silber adds that singing happy songs to prevent one from becoming melancholy, singing to banish sadness, etc. should be permitted even according t0 the Bach, providing that this does not become an excuse to do away with the ban against singing altogether. We have seen that the opinion of several contemporary authorities is to take the position of the Rambam as interpreted by the Bach. This would eliminate early all instrumental music and a good deal of singing. But we have seen also that most people's behavior reflects the opinion of the Rema. Rav Eli'ezer Waldenburg in responsa Tsits Eli'ezer, XV, #33, points out that the opinion of the Rema was accepted in effect by Jews everywhere who listen to musical instruments and teach their children to play them. He cites R. Ya'akov Chagiz, who in his responsa Halakhoth Ketanoth , #9, declares as a general principle in halakhah, that Divine Providence would not allow Jews everywhere to follow an erroneous individual opinion . If custom has followed a certain opinion it is most probably correct. Rav Waldenberg adds that this is certainly the case here with respect to music since the opinion followed is none other than that of the Rema, whose pesak is followed by Ashkenazic Jewry evewhhere. R. Obadiah Yosef in response Yehaveh a'ath, I, #45, maintains that the opinion of Rashi and Tosafoth and others allows instrumental music as long as it is not in conjunction with drinking. We have seen that this is not necessarily the only possible understanding of the Rashi and Tosafoth but it is the approach of the Rema. Therefore, according to this opinion it is possible to play instruments as long as it is not on a regular and frequent basis. R. 0badiah Yosef then cites the responsa of R. Aharon Epstein, Kapei Aharon #5 , who says essentially the same thing and who adds (ibid.) that there may be a difference between someone who is playing or listening to music for its aesthetic, intellectual appeal as opposed to someone who is playing or listening to derive amusement and pleasure. Perhaps only the latter is prohibited. I have heard through an oral communication from a talmid of the Rav, that HaRav Soloveichik Shlita, said he agreed with this approach and that Rav Dovid Tzvi Hoffman was of the same opinion. I think t at the criterion is always to what extent the listening audience regards themselves as spectators, auditors, removed observers who are judging the performance and its merits aesthetic, technical, etc. To that extent there may be a difference between the entertainment prohibited by the ban against instrumental music and the music performed at concerts. It is the difference between playing music and performing music. To the extent that there is no performance, that the audience and the players are really one entity, to that extent the music will be prohibited. Rav Yechiel Ya'akov Weinberg, although he does not elaborate, seems to differ in this. In his responsa, Sridei Esh II, # 12, Rav Weinberg discusses the German Jews' habit of offering secular musical concerts in their synagogues. He maintains that these concerts are prohibited in general. But it has become customary for the Jews of Germany to attend such concerts and it is difficult to admonish them (and have any positive impact). However, they certainly ought not to be held in the sacred confines of the synagogue. [The entire question of musical instruments in the synagogue services requires special treatment. See halakhic articles in the Gerrman Orthodox weekly, Israelit, 1862, # 2, 3, 4. See also, inter alia, Rav Dovid Zvi Hoffman, responsa Melamed Lello'il, #16 and the responsum of Rav Yechiel Ya'akov Weinberg in S 'dei Esh II, #12•1 b) Practicing a Musical Instrument Rav Waldenburg, who as we have seen follows the Rema, contends further [loc, cit.] that the discussion about playing or listening to music is relevant only if the purpose is enjoyment. But if someone studies an instrument for the sake of learning a trade or a skill, so that he might later play at wedding or other simhah, then it is definitely permitted according to every one. Even a mourner is permitted to practice his professional musical repertoire and sharpen his skills, because he is preoccupied with his technical proficiency and does not pay any heed to amuse himself with his music. Thus, R. Moshe Schick in his response [Maharam Schick, Yoreh De'ah, #:368, end] says that a mourner for a parent is permitted, during the twelve month period of mourning, to study his musical instrument and practice then on, so that he may earn a living as a musician. [See also the list of authorities cited by R. Obadiah YOSef in his responsa Yehaveh Da'ath. #45, p. 133] So too the Pri Megadim permits a Jewish musician to play for non-Jews at their party even during the nine days of Ab. The Mishna.Berurah cites the Pri Megadim and offers another opinion which permits the same but only from the seventeenth of Tammuz until the first of Ab, not during the nine days of Ab. See the sources cited in Kaf Ha- ayyim, Orach Hayyim, 551 par. 39.] So the actual study of a musical instrument or the practice of that instrument poses no problem at all, according to Rav Waldenburg. R. Yosef Yuzfe Hahn of Norlinger (d. 5:397) in his Yosef Ometz, #890 cites the Rema and the Bet Yosef and then adds: "Therefore it seems to me that it is exceedingly wrong for the rich to hire music instructors t teach their daughter to play upon instruments, for it is done only for excessive amusement and snobbery." If a child is taught music simply to gain a skill or to develop an aesthetic sensitivity, or even enable that child to relax during spare time in a wholesome way, it might be permitted. Perhaps even the Yosef Ometz would have accepted this distinction. c) To Little Children Will those who follow the Rambam and the Mehabber and prohibit instrumental music prohibit even for little children? The Shiltei HaGibborim to Rif, tractate Berakhoth, 5:1, says explicitly that it is forbidden to play musical instruments even to little children. However, it is not clear if he means to lull them to sleep or to make them happy. We find in Salmath Hayyim IV:36 that R. Yosef Chayyim Sonnenfeld was asked about giving a flute to a child and letting the child play with it to keep him quiet. Whoever posed the question obviously took this ban extremely seriously. With respect to singing, we know that the notion of ulterior motive is important. Workers who sing to keep up the rhythm of their work, to maintain an even speed, to guide animals in the field etc., are permitted to sing. In the same vein, Ma'amar Mordekhai to Orah Hayyim 560, #2, [also quoted in Mishnah Brurah, Orah Hayyim, 560, and Kaf Hahayyim, ibid.] allows lulling a child to sleep with songs (lullabies, etc.), as long as the content is not inappropriate to the proper raising of children. He cites the SHeLaH and others about the potential damage to a child if love songs are sung to him. d) Music during Meals The Mishnah Berurah, Orah Hayyim, 560:12, in a comment on the words of the Rema, cites the Pri Magadim (ad loc.) who says that it is appropriate to correct those who have their meals while there is music in the background. There is, according to some authorities at least, a difference between live music and recorded or broadcast music. [See Dvar Sha 'ul to Sotah, ch. ,73, who rejects such distinctions outright. Music is music, recorders and other electronic media are musical instruments too. But see R. Ovadiah Yo ef in Yehaveh Da'ath, I, #45, footnote on p. 133]. There is no implicit assumption in the Mishnah Berurah that eating one's meal to music is prohibited. The author of the Mishnah Berurah himself, in Sha’ar HaTziyun, ibid., adds that this refers to meals where wine is being drunk . Moreover, he cites the Rema's gloss to the Mordekhai, Gittin, #:114, wherein the Rema quotes a long segment found in an older version of the Mordehai. In that segment, Tosafoth are quoted as saying that since the prohibition is not to rejoice in the manner of the goyim, it is not prohibited to have meals to music. Only if one is drinking wine but not eating food is it prohibited to listen to music. In other words, partying, having cocktails, drinking at a bar, and the like, are included in the ban, but not eating a meal to music (even if wine is being served at the meal). Rav Obadiah Yosef, in his responsa Yehaveh Da'ath, I, 45, explains that the meal prevents the one who drinks from becoming intoxicated. Therefore the singing is not in a context which can cause 1oose abandon and vulgarity. Rav Yosef wants to prove that the reason for he ban is the danger of frivolity leading to lewdness. Although this is clearly the approach of the Me'iri, it does not seem to be the approach of the Mordekhai. Certainly, the reason offered by Rav Yosef does not appear to be the reason offered by the Mordekhai himself. The Mordekhai emphasizes that the ban was against music after the fashion of the goyim. This is based on the verse of Hoshea 9:1. It applies only to drinking parties, not to meals, as festive as they might be. Rav Silber [loco cit.] writes that listening during meals on a regular basis to tapes, records, or the radio should fall under the Rema's category of ragil baHem (listening as a matter of frequency and regularity). Still, he adds, it is inappropriate to object since the Mishnah Berurah in his Sha'ar HaTziyun cited the opinion that it is prohibited if the meals are with wine only and not with wine a d food. e) Recorded Music Rav Waldenburg [loc.cit] was also asked about recorded m sic. He responds essentially as Rav Feinstein does [in Igroth Moshe responsa,I,Orah Hayyim, #166]. Recordings reflect the category of the 0riginal music. Recordings on record or tape of vocal music are to be regarded s vocal music. Recordings of instrumental music are to be regarded as instrumental music. Rav Waldenburg adds that during the days of Sefirah, between Pesah and Shavu'oth as well as during the Three Weeks, all manner of recordings, instrumental or vocal, should be avoided. Rav Chayyim David H Levy in his Aseh Lekha Rab, III, ch. 4 [p.16ff.] declares that he sees absolutely nothing wrong with listening to "recordings of classical or modem music." Songs which are set to music and the primary purpose is the musical quality of the songs (the words strung together for their rhythmic, alliterative or sonorous effects) are permitted but not songs whose content, in whole or even in part, is improper. This applies even to songs in a foreign language which is not familiar to the listener. As long as there is even a remote possibility that someone listening might understand the words, it is forbidden to acquire recordings of such songs. Such songs are forbidden even if one feels that he is paying attention to the music only, not to the words; the possibility of paying attention to the words always exists. A recording which has both proper and improper songs may be acquired, provided that the improper songs are erased from the recording. Church music, with or without words, is forbidden. This, Rav HaLevy bases upon the Rema to Orah Hayyim 53:5 and the commentaries, ad loc. He adds that it applies even to music which was once used by the church even if it is no longer used. Secular music written by a rasha, such as Wagner, is permitted as long as it does not endorse evil in the language (verbal or programmatic) of the music itself. With respect to recordings of a woman's voice singing songs, etc., Rav HaLevy points out that there are several opinions. Some authorities regard recordings to be the same as live performance and forbidden. Others distinguish between recordings which are permitted and live broadcasts over the radio, which are forbidden. He finds it difficult to comprehend the logic of this distinction. Still other authorities permit listening to recordings and radio as long as the listener does not know the woman singer personally. Rav HaLevy adds that with newspapers, magazines and television making singers popular, their pictures and identities are known throughout the land and it is quite possible that underI these conditions most authorities would agree that it is forbidden to hear the voice of a female performer singing on recordings or over the radio. Needless to say, television is inherently forbidden according to this approach, since the viewer watches the performer while he is listening to her voice. [See below for some more references and comments regarding this question of Kol Isha. For more references, see Rabbi Binyomin Cherney's article on this topic in the "Journal of Halakhah and Contemporary Society", X (Fall, 1985), pp. 57-76.]. Rav HaLevy adds that the previous discussion about recordings or radio deals only with occasional listening. Concert going must be studied with respect to the post-Hurban ban against music and the various positions must be analyzed. He hesitates to formulate his opinion since it is better to leave Jews doing what they do in error rather than admonish them to no avail. If we inform them that they err they will still do what they do in spite of their knowledge of the halakhah. [This approach is taken by the Bach about not admonishing women who sing at their work. See Bach to Tur Orah Hayyim, #560]. f) Over the Radio Rav Ya'akov Breisch in response Helkath Ya'akov,I, #62 par. 2, remarks with disapproval that most Jews are not careful about many of the prohibitions (on account of the Hurban) which are mentioned in Orah Hayyim 560. As far as music on the radio is concerned it is possible to rely on the opinions of Rashi and Tosafoth [to Gittin 7a] which allow musical instruments as long as they are not being heard at a drinking party and as long as they are not heard with such regularity and frequency as would lead to excessive enjoyment or amusement. Rav Breisch I adds that even if we were to follow other opinions about musical instruments we may still regard the instance of the radio as unique. Since the radio and the notion of radio transmission did not exist st the time of the post Hurban decree, the radio may be regarded as never having been subsumed under the ban! Rav Breisch agrees that all new musical instruments (such as an electric piano or a synthesizer for that matter) would be included under the ban; still, there remains a difference between new instruments and the radio. There is a common denominator to all instruments, namely, that the player plays the instrument in the listener's presence. A radio can transmit music electronically over long distances and the player can be hundreds of miles away. It is inherently, essentially and categorically different. Rav Brei ch adds, however, that the content of songs on the radio have to be proper. Lewd and vulgar songs, love songs and the like, are improper and it is forbidden to listen to them (or hear them as poetry, without the music). Rav Breisch adds that hearing a female vocalist over the radio is prohibited. This is consistent with Rav Breisch's position that it is forbidden because of Kol Isha to listen to the electronic reproduction, of a woman's singing. This is also the position of Rav Binyamin Silber. [Se his Bet Barukh commentary to Ha ye Adam, Kelal 10, p.196] There are, however, opinions which regard the woman's song as transformed when recorded or transmitted over the radio. [See references above.] In Rav Moshe Feinstein’s opinion as to the radio [loc.cit.] , he distinguishes between instrumental music and vocal music. That is, the radio essentially is in the same category as t music that is being played through it. Therefore, if it is a voice singing, it is regarded as purely vocal music and is permissible (unless it is at a party wit wine, or listened to with regularity). If, however, instrumental music is heard on the radio, it is regarded as inst mental and is forbidden. At first Rav Silber [10 .cit.] makes the same distinction that Rav Feinstein and Rav Waldenburg make. The radio is to be treated according to the nature of the source itself. Instrumental music over the radio is to be treated in the category of instrumental music and vocal music over the radio as vocal music. But then Rav Silber suggests that insofar as the ban is concerned we might regard vocal music over the radio as instrumental music. This would apply, by extension, to recordings of the voice as well. The radio is an instrument which produces music which sounds like the human voice. This instrument, called the radio, gives much pleasure and entertainment. It ought to be included in the ban against instruments. [Rav Silber i inclined to think this way in spite of he fact that he regards the female voce over the radio as Kol-Isha! It is Kol-Isha and 'instrumental' music at the very same time!]. Rav Silber is generally very negative about listening to the radio and adds that besides any other problem listening to the radio generates a great deal of bittul Torah. A lot of time is wasted listening to the radio that could have been spent constructively studying the Torah. In his commentary Bet Barukh to Hayye Adam, Kelal 10, p.196, Rav Silber is consistenly stringent. He cites the various opinions and then says that it is best not to have a radio altogether. It is certainly wrong to play the radio when music is on and whoever turns the radio on is in the category of "a sinner who also causes many others to sin." Besides the inherent prohibition there is also "bittul Torah"; the time when one could be studying Torah is being wasted. Of course, if a woman's voice is heard singing over the radio there is also the violation of Kol Isha. g) During Sefirah and the Three Weeks Rav Feinstein as we have seen follows the more stringent opinions about instrumental music. Rav Feinstein adds, at the end of his responsum [loc.cit.], that those who take a more lenient view regarding instrumental music should refrain from such music during the Sefirah days of mourning between Pesah and Shavu'oth. [This is repeated in Igroth Moshe, Orah Hayyim ill, #87. There he writes that one can teach music (to play an instrument) even during the Sefirah period if it is one's livelihood, but not for pleasure]. Undoubtedly, he means to include, a fortiori, the Three Weeks period of mourning between the seventeenth of Tammuz and the ninth of Ab. Rav Feinstein says so explicitly in a later responsum. (Igroth Moshe,Orah Hayyim IV, #21, q.v. This point is made by several decisors. See, e.g. Rav Aharon Epstein in response Kapei Aharon, #52. See also the list in Rav Obadiah Yosefs response Yehaveh Da'ath, VI, #34.] h) Music at Weddings--Some Further Comments It is appropriate to note, parenthetically, that because the purpose of the live band at weddings is to make the wedding lebedig [lively] and stimulate dancing and rejoicing, the band has great responsibility. The musicians can guide the wedding celebrants in several and very different directions. They can promote a joy which God Himself can enjoy or they can be excessive and vulgar. They can abuse the verses of the Torah in their singing and they can encourage wild and suggestive dancing (which becomes a severe problem where there is no absolute separation of the sexes). The wedding can be reduced to the lowest common denominator of the assembled and become more of a bacchanalia and less of a simhah shel mitzvah. To a large extent this is in the hands of the musicians. [See, inter alia, Sedei Hemed (Vll,p.27ff.), Ma'arekheth Hathan Vekallah, par. 12; Arokh HaShulhan Eben Ha'ezer, 65:3; Mishnah Berurah and especially Bi'ur Halakhah, Orah Hayyim, 338:3. See also Yam Shel Shelomoh, Gittin, I, 17 and especially 18.] Considerations such as the above about the possible impropriety under adverse conditions of wedding dances with musical accompaniment, led some authorities to limit music at weddings (even outside of Jerusalem). [See Likutei aHaRikh, V.3,p.130, who writes that he heard that the Maharam Schick advised all who would listen to have their weddings without music. He feared the consequences of the dancing to music with men and women together]. But most authorities tend to emphasize the importance of music at weddings a is evident from the episode cited earlier at the time of the Maharil. So too, Hupath Hathanim (ibid.) tells of a custom in Constantinople not to have music at a wedding if there is some relative (of the bride or groom) who is in the year mourning. This custom is rejected totally. Furthermore, if a widower marries he is still obligated to provide the appropriate musical accompaniment for his wedding and for the bride's entourage in procession. [The authority for this is Kenesseth HaGedolah, Eben Ha 'Ezer, 65, Hagaho HaTur 1. He is also quoted in Baer Heteb, Eb n Ha'Ezer, 64:7, q.v.]. In recent times Rav Feinstein decided [in Igrot Moshe, Yoreh De'ah II, # 112] that just as the groom cannot pay with money from his Ma'aser funds, wherever he is halakhically obligated to pay for the wedding, so too he cannot use such ma'aser funds for the hiring of musicians either for he is equally obligated to provide musicians for the wedding. I suspect that this would depend upon the custom of the place for in many circles today the bride's family pays for the wedding itself (the catering and the all rental, etc.) and the groom's family pays for the musicians. Theoretically, the reverse could happen too. Everything depends on the custom of the place. The point remains however! An obligation to make the wedding is an obligation to make a proper wedding, which means a wedding with music. That music is essential to the wedding celebration is made evident in the famous opinion of the Ra'abiah [cited by Mordekhai, Betzah 696, in the name of Rav Avi Ezri, wh is Ra'abiah = R. Eliezer ben R. Yoel Halevi, the great Ashkenazi Tosafist of the late twelfth century]. He says, it is permitted for a Jew to tell a non-Jew to play upon musical instruments, on Shabbath at a wedding celebration, for there is no joy to the groom or bride without music. This opinion is cited by the Mehabber (R. Yosef Karo) in Orah Hayyim 338:2, q.v., adding that it is even permitted to tell the non-Jew to repair his instrument so that he might play at the wedding. This leniency applies only to weddings according to many authorities and not to other simhoth shel mitzvah. Music at weddings is essential; at simhoth shel mitzvah it is merely appropriate. Radbaz (Rav Dovid ib Zimra) [in his Responsa, I #132] disagrees with this opinion arguing that it is possible to bring joy to the bride a groom by means of singing alone and there is no absolute need for instrumental music. He adds that singing was the mainstay of wedding entertainment in his area of the world (Egypt, Syria and Eretz Yisrael). Even according to Radbaz, only telling the non-Jew on Shabbath is forbidden. It is permissible to tell the non-Jew before Shabbath that he should come and play on Shabbath. One final point regarding wedding music. In the sources there is reference generally not to "wedding music' but to "music for the bride and groom." Most probably this is because music is part of the sheva-berakhoth celebrations all week long and not merely at the wedding. This point is made explicitly in Yam Shel Shelomoh, Gittin, I, 17, q.v. [Note, however, that R. Mordechai Yaffe, in his code, in the section called Levush HaChur, #560:5, says specifically: "at the Huppah" as if intending to exclude other times]. This brings us to the next question. Was the exception to the ban against music made for weddings only or was it made for all simhoth shel mitzvah? i) Music--At Weddings Only, or at any Simhah Shel Mitzvah? The Kaf HaHayyim to Orah Hayyim, 560, #34, reads into the opinion of the Rema that instrumental music is permitted for a wedding only because of the special nature of rejoicing at a wedding. But this would not apply to a Brit Milah or to a Pidyon Haben and the like. He concludes, however, that the custom is to be lenient in this and provide music for all simhoth shel mitzvah, such as Brit and Pidyon Haben, etc. R. Chayyim Yosef David Azulai in his responsa Hayyim Shaal, 1:21, allows for musicians to be brought to a Brit Milah even though the infant's mother is within the thirty-day mourning period for her father. Kaf HaHayyim, himself, to Orah Hayyim, 551, par.#33, cites two possibilities concerning musicians at a Brit Milah during the Three Weeks. On the night before the Brit, musicians play throughout the year but not during the three weeks. See also the list of authorities cited in Rav Obadiah Yosefs responsa Yehaveh Da'ath, VI, #34, who allow for music at various simhoth shel mitzvah which are held in the Three Weeks or in the Sefirah period. Rav Feinstein [Igroth Moshe, I, Orah Hayyim, #166] agrees that music is permissible at all simhoth shel mitzvah as per the opinion of the Rema. This would include all the occasions mentioned by the Yam Shel Shelomoh [to tractate Baba Kama, loco cit.]. It is permissible to play musical instruments to rejoice on Hol Hamo 'ed and it has become customary to do so [even in Jerusalem!] on Hol Hamo'ed Sukkoth at the Simhath Beit Hashoeivah celebrations. [See the list of authorities cited in response Yehaveh Da'ath, I, #45, p. 132]. It is also permitted to play musical instruments to enhance the simhath Purim. See Yehaveh Da'ath, ibid.]. Kabbalath Shabbath R. Abraham Emden mentions in his work Tzeror HaHayyim [4d] that there was a custom in Prague to play upon musical instruments to announce the oncoming Shabbath or Yom Tob. This was done in order to create a joyous atmosphere so that the people would receive these holy days with joy and enthusiasm. In the Great Synagogue of Prague they would recite Mizmor Shir Leyom HaShabbath twice. The first was to the accompaniment of music and the second, which signaled the onset of Kabbalath Shabbath, without any accompaniment. See the collection of responsa in Eleh Divrei Haberith as well as responsa Kapei Aharon [of R. Aharon Ep tein] #20,a. See also the responsa-notebook of R. David Tzvi Hoffman, Melamed Leho'il, #16. [See also comment of Rav Obadiah Yosef in responsa Yehaveh Da'ath, I, #45, additional note t0 #45 at the back of the volume]. Bar Mitzvah It is customary to have musicians at a Bar-Mitzva celebration. It is of course regarded as a se'udath mitzvah. This is certainly true of the se'udah held on the very same ay that the boy becomes bar-mitzva. [See Yam Shel Shelomoh to tractate Baba Kama, VII, # 37 based on the story about R. Yosef in tractate Kiddushin, 31a. See also Magen Abraham to Orah Hayyim 225:4. Magen Abraham adds that if the boy delivers a Torah talk, derashah, then a se'udah on any day after he becomes bar mitzvah is be regarded as a se'udain mitzvah. The celebration of a BarMitzvah is likened to the celebration of a wedding]. What about music at a Bat-Mitzvah celebration? We must first determine the nature, halakhic terms, of such a celebration. This question is raised in the responsa. Rav Moshe Feinstein maintains that a girl's celebration is different than boy's, and thus cannot be regarded as more than a birthday party. [See Responsa Igroth Moshe, Orah Hayvim I, #104]. According to his opinion, a band of musicians would be out of place at a Bat- Mitzvah, even according to e widest application of the Rema in 0rah. Hayyim 560:3. After all, Rav Feinstein [in lgroth Moshe, Orah Hayyim I, 166] is hard pressed to allow music at a Yeshiva fund-raising dinner. He argues, at first, that the banquet and the simhah are not, in and of themselves a mitzvah. They are rather just a means of gathering people together and getting people to give money for charitable purposes. But then he reasons that since the dinners and banquets usually honor those who give charity and support institutions, they might be considered mitzvah occasions. Therefore, he concludes, if possible those who arrange these banquets should forego music; but if it is not possible it is permissible. It is therefore quite clear from Rav Feinstein's opinion regarding the fundraiser that he would not permit a band to play music at a Bat-Mitzvah party. However there are authorities who differ with Rav Feinstein regarding the nature of a Bat-Mitzvah celebration. [See the thorough discussion in Rav Obadiah Yosefs responsa Yehaveh Da'ath, II, #29]. According to those who do regard the Bat-Mitzvah celebrations as a se'udah shel mitzvah, music should be appropriate [as long as the form and the content 0f. the music is suitable]. j) Records and Tapes of "Jewish" Music As far as listening to tapes of songs about Judaism or songs in praise of God, which have instrumental accompaniment, R. Obadiah Yosef remarks [in Yehaveh Da'ath, I, #45, footnote on bottom of page 113] that there are several indications to be lenient. First, "most poskim maintain that musical instruments are forbidden only with wine" and perhaps the halakhah is with them (although this is not the Rambam's opinion). Second, perhaps the opinion of the Rambam is indeed as interpreted by the Kenesseth HaGedolah and others, that is, instrumental music is prohibited only with wine. Third, perhaps the ban never applied to the radio or to recordings as Rav Ya'akov Breisch suggested. R. Obadiah Yosef adds that according to nearly every opinion singing songs of praise to God, without instrumental accompaniment, is permitted even over wine. [But see also Magen Abraham, Orah Hayyim, 560, par.10)

Series: Belz School of Jewish Music

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