[Avodah] Music During the 3 Weeks

[Micha Berger]

On Mon, Jul 25, 2011 at 11:41:20AM -0400, Prof. Levine wrote:
> Music In The 3 Weeks: Recorded Music, Acapella, Kumzitz, Singing To  
> Yourself, <http://revach.net/article.php?id=506#>Music Lessons

> The Mishna Brura (551:16) says that it is assur to dance in the 3 weeks. 
> This is the reason for the issur of listening to music. All the recent 
> poskim (including Rav Moshe Feinstein and the Minchas Yitzchok) say that 
> this includes listening to music even recorded from a tape or CD.

Notice two things:

1- They don't know "all the recent poskim" -- if they think the Minchas
Yitzchaq is quotable, RYBS should also make the list.

2- By putting "all the recent poskim" on this point, they are then slipping
in:
> Rav Elyashiv, Rav Shlomo Zalman Auerbach, The Tzitz Eliezer (15:33) and 
> others say that even acapella recordings, singing that doesn't have 
> musical instruments, are also forbidden.

which they aren't (and can't) claim is true within their list of known
recent posqim (eg IM 1:166). Omitted, for example, is ROY, Yechave Da'as
6:34, who explicitly permits sung music without instruments, recorded and
live. Also, I understood that teshuvah from the TE to be meiqil when no
musical instruments are heard -- that recordings are the same as live:
instruments are assur in both cases, and a capella is mutar in both cases.

> Singing to yourself is permitted because it is just to lift your spirits 
> and you don't usually break out in dance.  Nevertheless the Steipler Gaon 
> did not let his children sing during the 3 weeks, only on Shabbos.

But an MP3 player or to a CD when alone in the car was implicitely
included in the first paragraph???

Speaking of radios, I think the Chelqas Yaaqov prohibits recordings,
since the player is a keli zemer, but not radio.


AIUI, we hold of the Rama's heter and listen to music during the year; but
are nohagim not to use that heter during the 3 weeks. Point being, we're
talking about minhag, even if minhag Yisrael. Add to that the senifim
lehaqeil: listning to a recording, in private (where dancing is unlikely)
and of acapella, and I am hard pressed to understand the machmirim.

Tir'u baTov!
-Micha

-- 
Micha Berger             The trick is learning to be passionate in one's
micha at aishdas.org        ideals, but compassionate to one's peers.
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