New York – Acapella Music and the Three Weeks

New York – During this period of the “Three Weeks” that begins this Thursday and will last until the day after Tisha B’Av we observe various aspects of mourning. In Hebrew the period is called Bain HeMetzarim, based upon the verse in Aicha (1:3) – All her oppressors have taken over her – Bain HaMetzarim – within the straits. During this time, both the first and the second Bais HaMikdash were destroyed, as well as a number of other serious tragedies. On Shabbosim during this period, we read Haftoras that deal specifically with the destruction and the golus. It is a period where we minimize Simcha – joy. We hold no weddings, we do not take haircuts or shave, we do not make a Shehecheyanu on new foods or clothing (except on Shabbos), and we do not listen to music.

Ah, but what type of music? Is it only live music that we may not listen to, or is music that is taped,CDed, or MP3ed also forbidden? And if CDs, tapes, and MP3s are forbidden, what about those that were recorded with no instruments? The so-called “Sefira tapes” are they really permitted?

Before we get to the answers to these questions, let’s try to delve into why the Bais HaMikdash was destroyed. The Ran, on the Gemorah in Nedarim 81a tells us that it was because the Jewish people, although they learned Torah, did not hold it in the esteem and reverence that it should have been held. In a certain way, they viewed Torah as merely another branch of knowledge, not realizing its true character and uniqueness. They lacked in true Kavod HaTorah. The Gemorah (Megillah 3b) tells us that honoring Torah is in a certain sense even greater than studying Torah.

Now back to the question – are the tapes permitted or forbidden?

If the tapes were recorded with music, most Poskim ruled that they are to be treated like musical instruments (See responsa Maharshag Vol. II # 125; Responsa Yad Yitzchok 322; responsa Salmas Chaim #888; Kovaitz Bais Aharon VeYisroel Vol. 65 p. 108 citing Rav Shlomo Zalman Auerbach zatzal). There is a minority view that any tapes are permitted. However, this view has been rejected by the majority of Poskim.

Some Poskim hold to the view that the tape recorder itself is viewed as a musical instrument in and of itself, and even if there were no musical instruments played when the recording was made, it is forbidden because the tape recorder itself is considered the instrument. This view was stated by a number of Poskim including Rav Menashe Klein author of the Mishnah Halachos responsa.

There are a few questions that one can ask on this view and that is, how is it any worse than singing through the mouth? Also, there is no skill or talent involved in playing a tape recorder (at least for most people), how could it be considered music?

Some report that the position of Moreinu Rav Elyashiv, shlita is that tapes that were recorded without musical accompaniment are permitted during the three weeks and Sefira and that the theory that the tape recorder is a musical instrument in and of itself is erroneous. Lest the gentle reader think that this is merely an unsubstantiated oral ruling, the provenance of the ruling is rather clear. It is printed in the Sefer of Rav Shlomo Zalman Auerbach’s grandson, Rav Tuvya Freund shlita entitled “Shalmei Moed” on p. 453 footnote 40. The sefer has haskamos from Rav Azriel Auerbach Shlita, Rav Zalman Nechemia Goldberg, Rav Yehoshua Neuwirth (of Shmiras Shabbos KeHilchasa) with a Michtav Bracha of Rav Shmuel Auerbach. This position was also that of Moreinu HaRav Shlomo Zalman Auerbach, zatzal.

Thus, according to this, both Rav Shlomo Zalman and ylc”a Rav Elyashiv hold that tapes with music are forbidden, while tapes of singing without music are permitted both during sefirah and during the three weeks.

However, and this is a big however. According to Rav Dovid Morgenstern (as told to me by Rav Morgenstern) it seems that this question was posed to Rav Elyashiv on Sefira (5765) by a grandson of Rav Elyashiv. Rav Elyashiv repeated his and explanation answer (in Rav Morgenstern’s presence) five times. He said that it was clearly forbidden because the tape recorder is considered to be a musical instrument. Clearly, (and unfortunately) we have a contradiction between Rav Freund and Rav Morgenstern as to Rav Elyashiv’s position.

Admittedly, there will be frustration at not having absolute clarity as to what Rav Elyashiv holds. However, each person should listen to the view of their own Posek or Rav, and we should bear in mind that not treating the Torah views of our Torah leaders, Rabbinim, and Poskim in a respectful manner was the initial cause of the prohibition in the first place.

We should also bear in mind that when we listen to the music, it should be Leshaim Shamayim -to bring us closer to Avinu SheBashamayim.

As a parenthetic note, the very term “a capella” is something that should perhaps be avoided. The phrase was first used in Catholic churches where Latin was the language used for prayer- the Latin meaning is “in the style of the chapel.” Rav Moshe Feinstein YD II #56 writes in a responsa that music used in the formulation of prayer to an Avodah Zarah should not be used –even if the tunes are no longer utilized. Indeed, he even rejected music used by gentiles to the words of Tehillim, because the prima facie assumption is that it is Avodah Zarah. The first edition of the Levush before it was attacked by the gentile censors makes a similar point. Although merely use of the term may not be equivalent to music, we may be better off if we call it Sefirah music. [The term “Academy”, also has a similar origin, but perhaps because of its near universal use it may have been koshered].

The author may be reached at [email protected]