Make a Joyful Noise: The Halacha of Music
Tonight at Congregation Kneseth Israel in Elgin, IL, where I proudly serve as rabbi, we are celebrating the Kabbalat Shabbat of Chanukah with instrumental music and lots of singing. For some this may seem a violation of halacha, Jewish law. Let me explain how this decision was made and why I am excited about tonight.
When I first came to Congregation Kneseth Israel, there was already an ongoing discussion of how to make services more meaningful. Some people wanted a return to instrumental music which had happened under previous rabbinic leadership. Last year there was a Chanukah celebration with a piano player which was deemed acceptable as long as the piano player was not Jewish. Even longer ago there was a children’s choir with piano accompaniment and even a “Friday Night Live” type band. I said that I would be happy to look at all the issues, study the texts with them and guide them but that they would have to understand the reasons behind the decision not just think it aided the aesthetic of the service. The ritual committee formed a sub-committee, who then presented to the ritual committee, who then presented to the board. I did a workshop as part of our growing adult study offerings on the halacha of instrumental music. So tonight we will sing, we will play instruments and we may even dance. What follows is a summary of what I learned during the process.
Biblical Sources:
I began the class by looking at some Biblical sources. Musical instruments were valued in Torah, early on.
Genesis 4:20-23
Exodus 15:1-12, Exodus 15:20: Moses and Miriam at the Red Sea. It always amazes me that in the chaos of leaving Egypt the women remembered to take their timbrels. They knew that they would have something to celebrate.
The Psalms are filled with references to praising God in the Holy Temple with a variety of musical instruments. We looked at these references and then found some more, right in our own Siddur Sim Shalom. Perhaps the most striking one is the Psalm that is the Song for Shabbat. On Shabbat we praised God with instrumentation.
Psalm 33, Page 93 of Siddur Sim Shalaom
Psalm 92—A Song for Shabbat, pages 23, 72
Psalm 100—Make a joyful noise unto the Lord
Psalm 147, page 98
Psalm 149, page 100
Psalm 150, page 100
Talmudic Sources:
So what happened? There are three reasons most frequently sited for the prohibition on instrumental music on Shabbat.
1. We are mourning the destruction of the Temple, and therefore we should not be playing instruments in the synagogue on Shabbat and Holy Days until the Temple in Jerusalem is rebuilt.
2. If an instrument breaks, we might try to repair it, and that would constitute working on Shabbat. Some have said that the issue is carrying the instrument to the shul.
3. Producing sound on Shabbat is prohibited.
I divided the group into smaller groups and gave them copies of Talmud texts to wrestle with. They were supposed to figure out what the issue was, summarize the arguments and present back to the group what the issues are and what the possible solutions might be.
Sources we looked at included Megillah 32a which teaches us that we need to sing the Torah we study, that our ears have to hear what our mouth is saying. Chagigah 15b teaches us that Rabbi Elisha Ben Avuyah lost his faith because he never stopped singing Greek music. From this we learned that music can draw us close to God or push us further away. One Orthodox source on this text suggested that it is the Beattles that have been the downfall of modern society. Another wondered if we can use prerecorded music to uplift our worship. But I jump ahead.
In Sotah 48a, Chazal issued a prohibition of song in wine houses after the Sanhedrin ceased to function. as saying, “The ear that listens to music should be torn off; when there is song in a house, there is destruction on its threshold.” 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. Note that this is about working, not about Shabbat and not about in the Holy Temple but in the wine houses.
The Gemara on Gittin 7a presents a seemingly more drastic prohibition. It is here that the
Gemara records that Chazal simply forbade listening to all music subsequent to the destruction of the Temple. Shabbat, Holy Days, working, not working. All music.
For some, this was a very interesting discussion. Some had never held a page of Talmud or understood the difference between Talmud and Torah. Each group identified the issues and possible solutions—they became their own betai din as they wrestled with the text.
The Codes:
Our tradition doesn’t end with the Talmud. A page of Talmud is surrounded with commentary, subsequent arguments and debates, recording all the opinions.
Rashi and his grandsons whose words are preserved on the Talmud page although theyare from the 12th century, wrestled with to what extent the rabbis prohibit the enjoyment of music after the destruction of the Temple. Rashi (commenting on Gittin 7a) indicates that the prohibition is limited to singing in a tavern. The Tosafot 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., that was excessive.
Second, and important for our purposes, they state that music that is played in the context of a mitzvah, such as at a wedding celebration, is entirely permissible.
The Rambam’s View
Although Rashi and Tosafot were fairly lenient 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 origin of this exception dates back at least to the Geonic era, as Rav Hai Gaon espouses this approach. This debate will continue in the Shulchan Aruch, the 19th and 20th century responsa and even recent t’shuvot.
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. On an Orthodox Ask the Rabbi site, I found this discussion: “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) 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.”
He continued: “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.
I wondered aloud in the class whether that meant since we already allow recording videos on a timer whether we could figure out how to use an ipod. One younger parent said immediately, “No that’s not Jewish”. I reminded her that I just read an Orthodox position.
I continued by explaining that 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.
The group agreed that this topic is complex. We continued looking at some Orthodox position coming out of Israel. Rav Moshe Feinstein (in his aforementioned responsum and Teshuvot Igrot Moshe Yoreh Deah 2:137:2) clearly indicates that he does not permit instrumental music. Rav Ovadia Yosef (Teshuvot Yechave Da’at 6:34) explicitly states that he does not permit listening to music. However, 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 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.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.
In terms of fixing an instrument on Shabbat, this was based on a first century ruling that we were not even allowed to clap or slap our thighs. (Mishnah Beitzah 5:2) But as some argued, “because of the natural desire to celebrate, and to do so with music, the observance of the blanket prohibition eventually waned. Clapping during moments of active singing or deep emotion was a natural response, and hard to monitor. In the 12th century, the Tosafot commentators of the Rhineland wrote, “For us, who are not experts in making musical instruments, it is not appro-priate to make this decree in our days,” (B. Beitzah 30a) thereby removing the protective decree, at least for clapping.” An Orthodox t’shuvat continued, “ One obvious response to this argument is: We are allowed to use many things that might break on Shabbat. An Orthodox responsa asked this: “Why allow Jews to sleep on a bed — what if it breaks on Shabbat? Why can we use refrigerator — what if it breaks on Shabbat? Or the air conditioning and heating systems that all Orthodox shuls use? What if those systems break on Shabbat?” He continues…
“Interestingly, in this instance, Chabad rejects this logic about repairing instruments and changes rabbinic law. On its excellent Web site, AskMosesa.com, the question of whether one is allowed to clap on Shabbat is asked. Here is part of Chabad’s answer:
“The Mishnah expressly says that it is forbidden to clap on Shabbat or Yom Tov because it might bring someone to make a musical instrument, which is a forbidden act. However, it is common practice by all Chasidim to clap hands when singing on Shabbat or Yom Tov.” The explanation given for this custom is: “This prohibition applied in Talmudic times, when many people were proficient in making musical instruments. Today, however, there are very few people who know how to assemble an instrument, so there is no reason to prohibit clapping.” So even Chabad is wrestling with this and “changing Jewish law.”
This Orthodox responsa is fascinating and worthy of citing in full:
“To the best of my knowledge, this is noted once in the Talmud, in ruling on whether a certain game was allowed to be played on Shabbat. Later rabbinic rulings on making sounds, including music played by a non-Jew (at a Shabbat wedding meal) are mixed. For example, a leading halachist, the Ravyah (Rabbi Eliezer ben Yoel
Halevi, circa 1140-1220), ruled that it is permissible to ask a non-Jew to play a musical instrument at a wedding meal that takes place on Shabbat. And this ruling is later codified by the Rama in the Code of Jewish Law (Orach Chaim 338:2).
I recognize that there are Jews, including non-Orthodox, who oppose musical instruments in shul on other, non-halachic, grounds. For example, Conservative Rabbi Sharon Brous, cited last week in The Jewish Journal, “believes that instruments inhibit spontaneity and create the feel of performance.”
In responding to that argument, I would note that anyone attending a religious Jewish wedding knows how uniquely powerful musical instruments are when playing Jewish music, and they never seem to inhibit spontaneity. As for “the feel of performance,” I am more moved at a powerful instrumental performance than I have ever been when singing alone or with others. But I acknowledge that is subjective.
Perhaps the best argument for musical instruments in Jewish prayer may be found on the Web site of Ohr Somayach, a leading Orthodox outreach organization:
“Musical instruments play a very important role in Torah. They were used by the Prophets to put them in the correct frame of mind to receive prophecy, they are used to enhance and beautify prayers, and they can even be used to inspire people to greater diligence in their Torah studies.”
I am not advocating that Orthodox Jews take matters into their own hands and start using musical instruments on Shabbat. Part of being Orthodox means working within the system of Orthodoxy. What I am advocating is that courageous Orthodox rabbis take the time to reexamine some of these positions and work to change them through consensus. They have done it before and they can do it today.Regarding prayer with instruments, God knew what He was doing. The power of instrumental music is incomparable. Its absence on the holiest days of the Jewish calendar, in this believing Jew’s view, has not helped most Jews pray.”
Conservative T’shuvot:
Even before there was Reform Judaism or Conservative Judaism, there was “American minhag.” February 11, 1868 in Savanah Georgia a mixed choir and organ were introduced. In Montgomery, AL similar “reforms” were introduced in 1862 and 1873. In the Conservative movement, the Committee on Jewish Law and Standards began permitting the use of the organ in synagogues in 1959, a response to the creation of the State of Israel and the decision that it was no longer necessary to mourn the Temple’s destruction. In addition, there would be no questions of carrying on Shabbat or fixing the organ on Shabbat. In 1970, the minutes of the CJLS expanded the organ ruling to include the use of guitars. The use of musical instruments have continued to expand among some synagogues in the movement. Recently the Conservative Movement introduced a new 50 page t’shuva on this topic and Elliott Dorf writing a summary in Sh’ma Magazine says, “Although most Conservative synagogues still forbid musical instruments on Shabbat, some synagogues affiliated with the movement have introduced instrumental music, feeling that the music fosters communal singing, offers beauty, spiritually uplifts, and draws participants. Some argue that the introduction of musical instruments may put a damper on introspection and communal singing. But these dangers are also present with cantorial music and choirs, which are commonly accepted.”
The summary of those 50 pages is: “The key concerns in our teshuvah are whether instruments may be played on Shabbat and, if so, how to protect the sanctity of the holy day. We conclude that music making, itself, is not forbidden; only making an instrument or fixing it is prohibited. In that regard, the sources forbid replacing a musical string on Shabbat but may permit tuning. We encourage synagogues to provide for instruments or storage for instruments in order to avoid the need for musicians to carry their instruments from a private to a public domain. And we ask that stage set-up and electrical equipment be put into place be- fore Shabbat. Our goal is to provide a balance between enabling music and honoring Shabbat. As pointed out by Rabbi Bahya ben Asher in the 15th century, the Hebrew words for “prayer” and “song” have the same numerical equivalent (515) or gematria. Words of prayer are emotionally amplified, personalized, and made more full-bodied through song. For those in our movement who wish to use musical instruments to encourage singing and as a tool to engage the heartstrings of worshippers, we offer guidance and reinforce some restrictions. If, as Rabbi Abraham Joshua Heschel has taught, Shabbat is a palace in time, then there is a need for an architecture of restraint in which to craft holy space. Such an architectural plan is sub- ject to review and reconfiguration, while keep- ing in mind the ultimate goals of setting aside holy time and permitting the removal of un- necessary barriers. We honor differences in our movement, while retaining a commitment to Shabbat as a time set apart from the remainder of the week for spiritual uplift.”
Because of the role of the rabbi as mara d’atra, the master of the place and the decisor of halacha in the individual synagogue I was able to find other online responsa that outline normative Conservative halacha, one by Rabbi Diana Villa and one by Rabbi Monica Suskind Goldberg.
So now that my congregants understood the complexity of the topic, the arguments, how it has changed over time and the fact that all the streams of Judaism are still wrestling with this topic, they were ready to figure out what works for this congregation.
If the arguments are
1. We are mourning the destruction of the Temple in Jerusalem, then they argued with the Committee on Jewish Law and Standard, that since the founding of the State of Israel we are not mourning at quite the same levels. They also echoing an Orthodox source saying that mourning is suspended on Shabbat. Psalm 92 lists instruments that were used specifically on Shabbat. It does not make sense to take away this form of getting closer to God.
2. . Carrying and Fixing. The solution would be to make sure the instruments are at the shul prior and to have a back-up instrument so that it can be played if a string breaks. Similarly, any microphones or sound system adjustments should be made prior to Shabbat.
3. Producing a sound on Shabbat is forbidden. Since we are not experts in making instruments, we are not bound by an old halacha forbidding even clapping. Clapping (and by extension percussion) is OK.
Finally, there is a Talmudic adage. Look and see what the people are doing. This is something they were doing for decades. It is really a return to instrumental music, based on more knowledge and I hope with more joy.
So come join us. Sing, clap, dance. Make a joyful noise.
Sources:
http://koltorah.org/ravj/13-32%20Jewish%20Perspectives%20on%20Music.htm
http://www.nergavriel.org/uploads/תורה%20הקדושה/הלכה%20ברורה/HB0037%20-%20Music%20in%20Halacha.pdf
http://www.jewishjournal.com/dennis_prager/article/musical_instruments_on_shabbat_20100629
http://www.jweekly.com/article/full/20380/rock-services-bring-new-spirit-controversy-to-conservative-synagogues/
http://www.schechter.edu/AskTheRabbi.aspx?ID=214
http://www.schechter.edu/AskTheRabbi.aspx?ID=501
http://www.bjpa.org/Publications/details.cfm?PublicationID=11714