A Strict Ruling
An interesting article appears in the 5754 edition of Beit Yitzchak. In this essay, Rav Yosef Levenbrown seeks to demonstrate that it is forbidden to sing or listen to songs whose lyrics are derived from Torah sources unless they are conducted in the context of a mitzvah, such as Shabbat, Yom Tov, or a wedding. In fact, he concludes with the following citation from Rav Moshe Feinstein (Teshuvot Igrot Moshe Y.D. 1:173, written in 1957): “In my humble opinion, it is forbidden l’chatchilah (ideally) to make records of [songs whose lyrics are from] pesukim purely for listening enjoyment.”
One who reads a pasuk from Shir Hashirim and transforms it into a sort of song or sings a pasuk in a party house (beit hamishta’ot) at an inappropriate time brings evil to the world, since the Torah wears sackcloth and complains before Hashem, “Your children have made me into a musical instrument that is played by scorners (leitzim).”
Although this passage is not quoted by the Rambam, the Shulchan Aruch, 1This omission is quite puzzling in light of the fact that both the Rif (Berachot 21b and Sanhedrin 19b-20a in the Rif’s pages) and the Rosh (Berachot 5:1 and Sanhedrin 11:3) cite this passage as normative. or the Rama, the Magen Avraham (560:10) cites from the Maharil that it is improper to use pesukim as lyrics for songs that are sung at a “simchat merei’ut” (social gathering). The Taz (O.C 560:5) adopts a similar approach, and the Mishnah Berurah (560:14) and the Aruch Hashulchan (O.C. 560:7) cite the words of the Magen Avraham as normative.
Nonetheless, the very widespread practice today among observant Jews is to sing and listen to music whose lyrics are from Torah sources. Indeed, even Rav Moshe Feinstein (Teshuvot Igrot Moshe Y.D. 2:142, written in 1963) acknowledges:
Many are lenient and listen to tapes [of music whose lyrics are from Torah passages], and even in the previous generation, people would play records of music whose lyrics were derived from Torah passages, and the rabbis of that generation did not protest. And we see [today] that most people listen to such music, including even the most pious of individuals.
Rav Moshe thus relaxes his strict stance on this matter and advises only those who are ba’alei nefesh (individuals who are exceptionally scrupulous in their observance of Halachah) to avoid listening to “Torah songs” if they are merely for enjoyment. In this chapter, we shall marshal four defenses for the common practice of the overwhelming majority of the observant community to listen to Torah passages set to music.
Justification One - Shir Hashirim
Rav Moshe (in his more lenient responsum) suggests that those who are lenient might argue that the Gemara refers only to Shir Hashirim, as there is more concern that the verses from this sefer might be misinterpreted as a simple love song between a man and a woman rather than as an allegory of the love between Hashem and Am Yisrael (the Jewish people), as Chazal interpret it. Rav Moshe notes that the difficulty with this approach is that Rashi (Sanhedrin 101a s.v. Hachi Garsinan and s.v. Hakorei) implies that this prohibition applies to all of the Torah.2According to Rashi, the Gemara chose the example of Shir Hashirim because one might have thought that the pesukim of this sefer should be allowed to be made into a song, as they originally were written as one.
Moreover, the Kitzur Piskei Harosh (Sanhedrin 11:3), Ra’avyah (at the beginning of his commentary to the fifth chapter of Berachot), and Maharshah (s.v. Hakorei) agree with Rashi that this issue applies to all Torah passages. Nonetheless, Rav Reuven Margaliyot (Margaliyot Hayam Sanhedrin 101a) cites the Zohar and Avot D’rabi Natan (at the end of chapter 36) as supporting the view that the prohibition is limited to Shir Hashirim. In addition, Rav Mordechai Willig (in a shiur delivered at the Morasha Kollel) noted that the Rivevan (at the beginning of his commentary to the fifth chapter of Berachot s.v. Pasuk) clearly confines the prohibition to verses from Shir Hashirim.3Rav Mordechai Willig told me that he once sat next to Rav Yosef Dov Soloveitchik at a wedding ceremony at which the chazzan (cantor) intoned a song from Shir Hashirim. Rav Soloveitchik commented, “Issur gamur mi’dinah d’Gemara” (this is forbidden based on a passage in the Gemara). It is not clear, though, whether Rav Soloveitchik intended to limit the prohibition to Shir Hashirim or merely was commenting on the case at hand. Rav Willig believes that Rav Soloveitchik intended to confine the prohibition to Shir Hashirim, as Rav Soloveitchik never (to his knowledge) objected to any other songs that contained Torah lyrics. On the other hand, the aforementioned Magen Avraham, Taz, and Mishnah Berurah appear to apply this prohibition to all parts of Torah.
Justification Two - A Mockery
A much stronger justification for the common practice might be derived from Rashi (ad. loc. s.v. Hakorei). He explains that the Gemara censures one who “while drinking wine, derives his amusement from words of Torah and reads pesukim aloud to amuse those at the party.” Rashi seems to imply that the prohibition applies only when Torah verses are used in a degrading manner, as the language of the Gemara (ad. loc.) seems to suggest. This gives the impression (unlike Rav Moshe) that as long as the music does not degrade the Torah, there is no prohibition, even if one is not listening to the music in the context of performing a mitzvah (such as rejoicing with a chatan and kallah). This limitation of the prohibition also is implied by the comments of the Rambam (Avot 1:17), wherein he writes, “The Torah forbade turning words of prophecy into songs of baseness and inappropriate things.” This indicates that the prohibition exists only if the pesukim are sung in a degrading manner. If, on the other hand, the songs are not of “baseness and inappropriate things,” it would be permissible.
Indeed, the Yad Ramah (Sanhedrin 101a s.v. Tanu Rabanan) writes that this prohibition exists only if the pesukim are sung “derech sechok” (in a joking or degrading manner), although he cautions that he is unsure about this matter. However, Rav Yaakov Emden4Rav Emden’s opinion appears in his comments to Sanhedrin (101a) that recently have been republished in the Vagshal printing of Masechet Sanhedrin, Yerushalayim 5754. states unequivocally that this prohibition applies only if one degrades the Torah verses into a base love song. Indeed, Rav Aharon Lichtenstein endorsed this position in a personal conversation. This might explain why the Rambam, Shulchan Aruch, and Rama omit any mention of this passage in Sanhedrin. They seem to believe that there is no specific prohibition to enjoy listening to Torah music for entertainment purposes. Rather, the Gemara simply articulates a specific example of the general prohibition of degrading our holy Torah.
Rav Ovadia Yosef (Teshuvot Yabia Omer 3 O.C. 15 and 4 Y.D. 20) also rules that the prohibition applies only if the pesukim are used for love songs or leitzanut (frivolity). He argues that the Yad Ramah’s uncertainty is resolved by the many eminent rabbanim and communities who have adopted the lenient approach to this issue. The Piskei Teshuvot (560:14 notes 68 and 69) cites several authorities that accept this position. Rav Shlomo Zalman Auerbach5Rav Shlomo Zalman’s position is reported in Halichot Shlomo (Orach Halachah: Tefillah 13 note 72). similarly permits songs that are sung for “hit’orerut” (awakening feelings of closeness to Hashem) even if they contain pesukim.
Justification Three - Connection to Hashem
A third defense is that in today’s world, one has a choice of literally thousands of music stations, both on the radio and the internet, as well as innumerable music CDs of a virtually endless array of styles and artists. Accordingly, one who chooses to listen to “Jewish music” is doing so because he wishes to be inspired and deepen his connection to Hashem and His Torah. Such a person could be considered as doing so for mitzvah purposes, not simply for pleasure, and thus all authorities would permit listening to or singing such songs, since even the Magen Avraham, Taz, and Mishnah Berurah permit singing songs with pesukim if they are sung for a mitzvah purpose.
Indeed, Rav Yehuda Henkin’s concern (Teshuvot Bnei Banim 3:125) that this prohibition is violated when setting Torah lyrics to rock and country songs if the primary intention is for the music and not the Torah lyrics seems to be irrelevant in most cases. If the primary intention was for the music, one simply would procure the original rock and country music.6Only rock and country music that does not contain offensive lyrics is permissible to listen to.
Justification Four - Spiritual Survival
Rav Yosef Dov Soloveitchik (see the sources cited in Nefesh Harav p. 88) believes that history sometimes can resolve certain halachic and hashkafic disputes, as it indicates the will of Hashem. In this context, Jewish music has proven itself to be a potent component of the critical struggle for Orthodox Jewish cultural survival. In an environment that is saturated with music, much of which is antithetical to Torah values, the existence of a vibrant Jewish music scene is essential as an alternative to the other deleterious options.
Moreover, establishing a sort of Orthodox subculture is absolutely essential for cultural survival. Rav Yosef Dov Soloveitchik7In an essay entitled Confrontation. argues that we must follow the example of Avraham Avinu, who presented himself to his non-Jewish neighbors as a “stranger and a resident” (Bereishit 23:4). We believe that while on one hand we must be “residents” and integrate into the economic, scientific, and certain aspects of the cultural life in our country of residence, we also must be “strangers” and form our own “subculture” in order to survive in a country that is hospitable and inviting. Along with the creation of Orthodox shuls, schools, camps, and youth groups, the world of Jewish music has made an enormous contribution to the creation of this Orthodox subculture.
Indeed, the powerful impact of music is evident from the Gemara’s assertion (Chagigah 15b; see the comments of Rashi and the Maharshah ad. loc.) that the famous sage Elisha ben Avuyah, lost his faith because “Greek music never stopped emanating from his mouth.” Additionally, the Gemara (Megillah 32a; see Tosafot ad. loc. s.v. V’hashoneh) stresses the importance of singing the Torah that one studies. 8See our earlier chapter on Jewish Perspectives on Music. Accordingly, the experience of the past four decades (since Rav Moshe’s second teshuvah was written) teaches that the approach of Rav Moshe’s later teshuvah must be adopted, since Torah songs are an absolutely essential part of Torah life for the overwhelming majority of the members of our community.
Interestingly, Rav Moshe permits (even in his first, stricter responsum) making records composed of Torah songs if it will help a child learn Torah.9This assertion is based on the next passage in the Gemara (Sanhedrin 101a) and Rashi (ad. loc. s.v. Hakorei). Based on this, we may argue that history teaches that Jewish music helps Orthodox Jews to remain Orthodox Jews and is therefore unquestionably permissible.
Conclusion
Rav Eliezer Waldenberg (Teshuvot Tzitz Eliezer 15:33) cites a very compelling comment made by the Teshuvot Halachot Ketanot (1:9). In the course of defending the common practice to recite “shehakol” on coffee rather than “ha’eitz,” he asserts:
The following is a fundamental principle has been passed to us as a tradition from earlier generations: If a certain Halachah is unclear to you, go and see what the common practice is. This is true because Hashem, in His love for His nation, would not have allowed the broader community to go follow a minority opinion had that authority not articulated a viable approach.10See the commentary of the Ramban to Devarim 17:11 for a possible basis for this argument.
The same can be said for the issue of creating and listening to Torah songs. Those who wish to adopt a strict approach to the issue may do so, but they should not impose this stringency on others, for it is too difficult to bear and even culturally dangerous.
Postscript
When I presented the basic ideas of this chapter to Rav Hershel Schachter, the approach “found favor in his eyes,” though he felt that there was room to be machmir (stringent) for those who want to do so. Avi Levinson also presented the key elements of this chapter to Rav Mordechai Willig, who agreed that they were sound. Both Rav Schachter and Rav Willig note that common practice is to adopt the lenient approach to this issue.