Cultural activities often constitute a defining characteristic of a society, and they certainly represent a large percentage of many people’s leisure pursuits. In the next few chapters, we will discuss Jewish perspectives on one such activity, namely, the propriety of enjoying various forms of music. Of course, the ideas we will share apply to a great extent to all leisure activities.
General Perspectives on Music
Before we explore the halachic issues concerning music, we should review some basic ideas about it from the Tanach and Gemara, which are replete with illustrations of the major role that song and music can play. After the splitting of the Yam Suf, for example, Moshe Rabbeinu led the Jewish men in song, and Miriam likewise led the women. The levi’im accompanied the service in the Beit Hamikdash with singing and musical instrumentation, an important aspect of the service and one that we mention in our daily prayers. The Gemara (Megillah 32a, see Tosafot ad. loc. s.v. V’hashoneh) strongly encourages us to sing the Torah we study. As these and other sources indicate, music is a central element in many aspects of Torah life.
Two sources in particular demonstrate the great importance that the Torah ascribes to music. The first is the Torah’s description (Bereishit 4:20-22) of some of humanity’s first great accomplishments and advances. Included in this list are the breeding of cattle, the use of iron and copper implements (see Targum Onkelos ad. loc.), and the development of music. This shows that the Torah regards music as a core achievement of mankind.
The second source is a powerful Gemara (Chagigah 15b, see Rashi and Maharshah ad. loc.), which wonders how the great Tanna (scholar of the Mishanic period) Elisha ben Avuyah lost his faith. Why did his great knowledge of Torah fail to prevent him from abandoning the Torah? The Gemara answers that it was because “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 negative impact of some popular music on society during the past forty years is a contemporary example of this phenomenon. Music can constitute a crowning achievement, drawing us closer to Hashem and His holy Torah, but it also has the potential, God forbid, to lead us astray. With this idea in mind, let us 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 9:11) records that when the Sanhedrin (high rabinnic court) ceased to function, Chazal forbade song in the wine houses. The Yerushalmi (Sotah 9:12) explains the reason for this decree: “At first, people feared the authority of the Sanhedrin and would not introduce inappropriate content in song, but now [that the Sanhedrin has ceased to function], people no longer fear its authority and would introduce corrupt lyrics into music.”
The Gemara (Sotah 48a), in keeping with this theme, declares that the song of the ship workers and the farmers is permitted, but the song of the weavers is forbidden. Rashi (ad. loc. s.v. Zimri D’nagdei) explains that the permitted songs were not frivolous – they helped the workers and animals perform their tasks. The weavers’ songs, on the other hand, were forbidden because they served no constructive purpose – they were entirely frivolous.
The Gemara elsewhere (Gittin 7a) presents a seemingly more drastic prohibition. It records that Chazal simply forbade listening to all music subsequent to the churban (destruction) of the Beit Hamikdash.
Rishonim – Rashi, Tosafot, and the Rambam
The Rishonim debate to what extent the Rabbis prohibited the enjoyment of music in the post-churban era. Rashi (Gittin 7a s.v. Zimra) indicates that the prohibition is limited to singing in a tavern. Tosafot (ibid. s.v. Zimra Mina Lan D’assur) support Rashi’s contention based on 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 qualifications. First, they state that it is inappropriate to listen to music excessively, regardless of the context. As proof, they cite an anecdote that appears in the Yerushalmi (Megillah 3:2) in which Mar Ukva chastised the Reish Galuta (Exilarch) for listening to music when “going to sleep and waking up” – i.e., excessively.1On this basis, Rav Shlomo Zalman Auerbach (Halichot Shlomo 1:13:18, Devar Halachah 28) rules that it is forbidden to wake up to an alarm clock that plays music, as this is considered “excessive.”
Second, Tosafot assert that music that is played in the context of a mitzvah, such as at a wedding celebration, is entirely permissible. The Rambam (Hilchot Ta’aniyot 5:14), despite the general stringency of his rulings on this issue (see below), similarly writes that it is permissible to play music of a religious nature. This exception dates back at least to the Geonic era, as Rav Hai Gaon (cited by the Rif, Berachot 21b in the pages of the Rif) espouses this approach. The Shulchan Aruch (O.C. 560:3) codifies this ruling uncontested.
Although Rashi and Tosafot rule fairly leniently on this issue, permitting listening to music on a moderate basis outside of taverns, the Rambam adopts a much stricter approach. He writes (Hilchot Ta’aniyot 5:14) that instrumental music (other than religious music) is entirely forbidden, and even vocal music without instrumental accompaniment is prohibited if it is in the context of wine consumption. The Tur (O.C. 560) cites a responsum of the Rambam in which he adopts an even stricter stand, prohibiting even vocal music unaccompanied by instruments and not sung in the context of wine-drinking.
Shulchan Aruch and Its Commentaries
The dispute between the Rambam and Rashi/Tosafot has remained a matter of controversy in every subsequent generation, even to this day. The Shulchan Aruch (O.C. 560:3) rules in accordance with the Rambam’s view as presented in Hilchot Ta’aniyot, but the Rama cites the opinion of Rashi and Tosafot. The Magen Avraham (560:9) cites the Bach, who rules even more strictly, positing that the Rambam’s view as set forth in his responsum is normative. Accordingly, they rule that music is always forbidden unless it is of religious content and nature.
In addition, the Sha’ar Hatziyun (560:23) cites the Rama’s (Hagahot Mordechai, Gittin 1:1) position that even playing music over wine is prohibited only if wine is the only thing being served. If there is a meal being served with the wine, it is permissible to play music. He writes that “perhaps” one need not protest against those who rely on this position.
Nineteenth-Century Codes
The great nineteenth-century authorities continued to debate this issue. 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 (560:7) seems to adopt a more lenient approach. He does not cite the opinion of the Magen Avraham and Bach, but he does cite the opinion of the Rama. Whereas the former two authorities are critical of women who sing while doing their work,2This ctitique is independent of the prohibition for a man to listen to a woman sing (kol ishah). the Aruch Hashulchan does not criticize them. He appears to regard the lenient approach of Rashi and Tosafot as acceptable.
Contemporary Authorities
Contemporary authorities, as well, have disagreed about this question. Rav Moshe Feinstein (Teshuvot Igrot Moshe O.C. 1:166) adopts a fairly strict stance concerning this matter. Although he writes that one is not required to follow the most stringent opinion of the Magen Avraham and Bach, he regards the strict opinion of the Shulchan Aruch to be normative. On the other hand, Rav Eliezer Waldenberg (Teshuvot Tzitz Eliezer 15:33) endorses the common practice to follow the ruling of the Rama that music in moderation is permitted outside a tavern. Rav Yehudah Amital told me that he agrees with Rav Waldenberg. In addition, even Rav Moshe (Teshuvot Igrot Moshe O.C. 3:87) writes that one should not object to someone who follows the ruling of the Rama regarding music.3We should note that the traditional custom in Jerusalem is not to play music even at weddings; the only music is a drummer who also sings. For a discussion of this custom, see Teshuvot Salmat Chaim 1:77 and Teshuvot Tzitz Eliezer 15:33:3.
Possible Exceptions
An interesting argument appears in Rav Yaakov Breisch’s responsum on this issue (Teshuvot Chelkat Yaakov 1:62). He suggests that even according to the Magen Avraham and Bach, this prohibition applies only to live music, but not to recorded music. This ruling has been applied in practice by some individuals to the periods of time during which it is our custom to refrain from listening to music, such as during sefirat ha’omer,4See Aruch Hashulchan (O.C. 493:2), Teshuvot Igrot Moshe (O.C. 3:87), Teshuvot Minchat Yitzchak (1:111), and Teshuvot Yechaveh Da’at (3:30) for an assessment of the sources for this custom. The Three Weeks,5Rav Moshe Bleich summarizes the various opinions on this topic in Tradition (41:1:11-15). and the twelve-month mourning period for a parent. However, Rav Moshe Feinstein (in his aforementioned responsum and Y.D. 2:137:2) clearly indicates that he does not subscribe to this approach, as he prohibits instrumental recorded music during sefirat ha’omer. Rav Ovadia Yosef (Teshuvot Yechaveh Da’at 6:34) likewise states explicitly that he does not permit listening to recorded music at any time when live music is prohibited.6Rav Dov Brisman (Teshuvot Shalmei Chovah O.C. 78) writes that the accepted practice has become to forbid listening to recorded music during sefirat ha’omer and The Three Weeks. Similarly, Rav Moshe Bleich (Tradition 41:1:20) concludes, “The consensus of halakhic opinion is that taped music is forbidden during sefira and the Three Weeks.” We should note that Rav Yosef Dov Soloveitchik (reported by Rav Aharon Lichtenstein) believes that music was not forbidden at all during these time periods, but most poskim do not share this view.
Rav Shmuel David (Techumin 13:187) suggests another possible exception to this prohibition. He contends that classical music is not necessarily included in the post-churban rabbinic decree against listening to music. He bases this suggestion on the Maharshal (Yam Shel Shlomo, Gittin 1:17), who writes that listening to music “to hear pleasant sounds or to hear something fresh” is permitted.7It is reported in the name of Rav Yosef Dov Soloveitchik that classical music was not included in the rabbinic decree. The decree, in Rav Soloveitchik’s view, applies only to music of revelry.
Conclusion
Despite music’s central role in Jewish beliefs and practices, Halachah imposes definite restrictions on listening to it. The general practice tends to follow those poskim who permit listening to at least some forms of music, but other forms, such as drinking songs, are universally prohibited. Though the exact parameters and applicability of the restrictions remain unresolved, it is clear that whatever we do listen to must be compatible with a Torah hashkafah (worldview).8Dr. Shalom Buchbinder and Dr. Jason DiPoce have co-authored an (as yet unpublished) essay outlining the dangers and halachic problems associated with playing music loudly. One should exercise moderation and caution not only regarding the content of the music he chooses to listen to, but also in the realm of how he listens to it.