The
spring and summer are times when there is more time available for
leisure activities, including music. Thus, it is appropriate to discuss
at this time the propriety of listening to music according to Halacha.
The ideas we will share concerning music apply to a great extent to all
leisure activities.
Broad Perspectives on Music
Before we explore the
Halachic issues concerning it, we should review some basic ideas about
music expressed in the Tanach and Gemara. The Bible and Talmud are
replete with sources in which music and song play a major role. After
the splitting of the Yam Suf, for example, Moshe Rabbeinu led the
Jewish men in song, and Miriam likewise led the women. The singing of
the Levites in the Beit Hamikdash was of major importance. Our daily
prayers make prominent mention of this singing. The Gemara (Megillah
32a) strongly encourages us to sing the Torah we study. Two sources in
particular demonstrate that the Torah considers music to be very
important.
The first source is the fourth chapter of Bereshit (Genesis). The Torah
there (verses 20-22) describes some of humanity’s first great
accomplishments and advances. Included in these advances are the
breeding of cattle, the use of iron and copper implements (see the
translation of Onkelos), and the development of music. This shows that
the Torah regards music as a core achievement of mankind.
The second source is a powerful Talmudic passage that appears on
Chagigah 15b. The Gemara (see Rashi ad. loc.) asks how come the great
Tanna, Rabi Elisha Ben Avuyah, lost his faith. Why did his great
knowledge of Torah fail to protect and prevent him from abandoning the
Torah? The Gemara answers that the reason is that “Greek
music never ceased to emerge from his mouth.” The lesson is
obvious. Music has a profound effect on both the individual and the
community. The (mostly negative) impact of The Beatles on society
during the 1960’s and 1970’s is a contemporary
example of this phenomenon. Music can draw us closer to God and His
holy Torah or it has the potential, God forbid, to lead us astray. With
this idea in mind, we are ready to explore some of the Halachic issues
concerning music.
Talmudic
Sources
In
light of the above, it is not surprising to find that Chazal issued a
number of restrictions regarding music. The Mishnah (Sotah 48a) records
that when the Sanhedrin ceased to function in Jerusalem, the Rabbis
forbade song in the wine houses. The Jerusalem Talmud (9:12) explains
the reason for this decree: “At first, when the Sanhedrin was
functioning, it was able to impose discipline and prevent the
introduction of inappropriate content in song. When the Sanhedrin
ceased to function, it could no longer impose discipline, and people
would introduce corrupt lyrics into music.”
The Gemara (Sotah 48a) continues this theme and declares that the song
of the chip workers and the farmers was permitted, but the song of the
weavers was forbidden. Rashi explains that the permitted songs were not
frivolous; they helped the workers and animals perform their tasks. The
weavers’ songs were forbidden because they served no
constructive purpose; it was an entirely frivolous activity.
The Gemara on Gittin 7a presents a seemingly more drastic prohibition.
The Gemara records that Chazal simply forbade listening to all music
subsequent to the destruction of the Temple.
Rishonim - Rashi and
Tosafot
The Rishonim debate to what
extent the rabbis prohibit the enjoyment of music in the post-Churban
era. Rashi (commenting on Gittin 7a) indicates that the prohibition is
limited to singing in a tavern. Tosafot (ibid) support
Rashi’s contention by citing the aforementioned Mishnah in
Sotah. Tosafot argue that this source leads us to conclude that the
prohibition applies only to playing music in a drinking house. Tosafot
also add two important points. First, they state that it is
inappropriate to listen to music excessively. Tosafot cite as proof an
anecdote that appears in the Jerusalem Talmud (Megillah 3:2), in which
Mar Ukba (a Talmudic authority) chastised the Exilarch (Reish Galuta)
for listening to music when going to sleep and waking up –
i.e., excessively.
Second, they state that music that is played in the context of a
mitzvah, such as at a wedding celebration, is entirely permissible. The
Rambam (Hilchot Taaniot 5:14) similarly writes that it is permissible
to play music of a religious nature. The origin of this exception dates
back at least to the Geonic era, as Rav Hai Gaon espouses this
approach. This exception is codified in the Shulchan Aruch (Orach Chaim
560:3) virtually uncontested.
The
Rambam's View
Although
Rashi and Tosafot rule fairly leniently on this issue and permit music
to be listened to on a moderate basis outside of taverns, the Rambam
adopts a much stricter approach. He writes (Hilchot Taaniot 5:14) that
instrumental music is entirely forbidden (except in the context of
religious music), and vocal music without instrumental accompaniment is
permitted only if the singing takes place in a context in which wine is
not being consumed. The Tur (Orach Chaim 560) cites a responsum of the
Rambam in which he adopts an even stricter stand – even vocal
music unaccompanied by instruments and not sung in the content of
drinking wine is prohibited.
The dispute between Rambam and Rashi/Tosafot continues to be debated in
the Shulchan Aruch and its commentaries, nineteenth century codes, and
contemporary authorities.
Shulchan Aruch and Its
Commentaries
Rav Yosef Karo (Shulchan
Aruch, Orach Chaim 560:3) rules in accordance with the
Rambam’s view, but the Rema cites the opinion of Rashi and
Tosafot. The Magen Avraham (560:9) cites the Bach, who rules even more
strictly than the Mechaber does. Whereas Rav Yosef Karo rules in
accordance with the Rambam’s view presented in the Mishneh
Torah, the Magen Avraham and Bach believe that the Rambam’s
view presented in his responsum is normative. They rule that music is
always forbidden unless it is of religious content and nature.
Nineteenth Century Codes
This issue continues to
remain a matter of controversy between the great nineteenth century
authorities. While the Chayei Adam (137:3) and Mishnah Berurah (560:13)
cite the ruling of the Magen Avraham and Bach as normative, the Aruch
Hashulchan (560:17) seems to adopt a more lenient approach. He does not
cite the opinion of the Magen Avraham and the Bach, but he does cite
the opinion of the Rema. Whereas the Magen Avraham and Bach are
critical of women who sang while doing their work, the Aruch Hashulchan
does not criticize them. The Aruch Hashulchan appears to regard the
lenient approach of Rashi and Tosafot as acceptable.
Contemporary Authorities
This dispute continues to
be debated by contemporary authorities. Rav Moshe Feinstein (Teshuvot
Igrot Moshe 1:160) adopts a fairly strict ruling in this matter.
Although he writes that it is not required to follow the most stringent
opinion of the Bach and the Magen Avraham, he regards the strict
opinion of Rav Yosef Karo to be normative. On the other hand, Rav
Eliezer Waldenburg (Tzitz Eliezer 15:62) endorses the common practice
to follow the ruling of the Rema (the view of Rashi and Tosafot) that
music in moderation is permitted outside a tavern. Rav Yehudah Amital
(Rosh Yeshivat Har Etzion) told me that he agrees with this approach.
In addition, Rav Moshe (Teshuvot Igrot Moshe O.C. 3:87) writes that one
should not object to one who follows the ruling of the Rama regarding
music.
An interesting argument appears in Rav Yaakov Breisch’s
responsum on this issue (Teshuvot Chelkat Yaakov 1:62). He suggests
that this decree applies only to live music and not to recorded music.
This ruling has been applied in practice by some individuals to the
periods of time in which it is our custom to refrain from listening to
music, such as the Sefirah period, the Three Weeks, and twelve-month
mourning period for a parent. However, Rav Moshe Feinstein (in his
aforementioned responsum and Teshuvot Igrot Moshe Yoreh Deah 2:137:2)
clearly indicates that he does not subscribe to this approach. Rav
Ovadia Yosef (Teshuvot Yechave Da’at 6:34) explicitly states
that he does not permit listening to music Rav Shmuel David (a
contemporary Israeli Halachic authority) writes in Techumin (13:187)
that it is very possible that classical music is not included in the
rabbinic decree against listening to music subsequent to the
destruction of the Temple. He bases this suggestion on the Maharshal
(Yam Shel Shlomo 1:17) who writes that listening to music “to
hear pleasant sounds or hear something fresh” is permitted.
It is similarly reported in the name of Rav Yosef Dov Soloveitchik that
music of the sublime (classical music) was not included in the Rabbinic
decree. The decree, in the Rav’s opinion, applies only to
music of revelry.
Conclusion
What should emerge from
this review of Jewish perspectives on music is that we must take care
that the music we listen to is in harmony with our Torah lifestyle and
goals. Music with lyrics such as “she don’t lie,
she don’t lie, cocaine” is very obviously
incompatible with a Torah Hashkafa and lifestyle. The same can be said
regarding all leisure activities. Care must be taken to ensure that
one’s leisure activities enhance one’s relationship
with God and Torah and do not, God forbid, detract from it.
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