Medicinal Music & Therapeutic Tunes

During this period, the question frequently emerges regarding the permissibility of listening to music for alleviating anxiety or for other therapeutic reasons. This essay will present the perspectives of various Poskim on this matter.

Following the Churban, Chaza”l made a blanket prohibition on playing music. The Gemara in Sota (48a) derives this from the Pasuk, “The elders [are absent] from their [position] sitting at the gate, the youngsters [refrain] from their song” (Eicha 5:14). In other words, once the Sanhedrin no longer sat in the Beis haMikdash, all music was banished. Rabbi Yochanan said: “Whoever drinks while hearing four types of instruments, brings five types of punishment upon the world.”^[1]

Rashi and Tosfos in Gittin (7a) imply that the Issur of playing music instituted after the Churban applied primarily to Batei Mishte (places of celebration). Tosfos extend this restriction and note that it is proper to abstain from music that brings significant enjoyment.

The Rambam’s ruling is even more stringent (Hilchos Ta’aniyos 5:14):

And they decreed not to play any musical instruments (“k’lei shir”) at all. All types of instruments (“k’lei zemer”) and all that produce music are forbidden to rejoice with and prohibited to listen to because of the Churban. Even singing over wine is forbidden, as it is stated, “They shall not drink wine with song” (Yeshayahu 24:9). But it has already become the custom of all Yisrael to recite words of praise or songs of thanksgiving to Hashem and the like over wine.

This same dispute is reflected in the Shulchan Aruch and Rema (O.C. 560:3). The Shulchan Aruch adopts the strict Psak of the Rambam and prohibits all instrumental music. However, the Rema limits the Issur to those who listen to music regularly (e.g., royalty who wake and go to sleep to musical accompaniment), or in a Beis Mishte. (Both the Mechaber and Rema agree that music is always forbidden when drinking wine.^[2])

Simply understood, the Rema would permit playing music to alleviate sadness, depression, distress, or for other therapeutic purposes. The Shulchan Aruch’s position is less clear, though he agrees that the basis for the Issur is to avoid rejoicing.

The Poskim disagree about the status of recorded music. According to R’ Shmuel Wosner zt”l^[3](Shevet haLevi 2:57, 6:69), it has the same status as live music, after all, the Rambam’s wording is, “v’chol mashmi’ei kol shel shir” (all that produces a sound of song).

However, haGaon Rav Asher Weiss Shlit”a disagrees with the inference. The Rambam refers to all types of instruments; there is no precedent for including recorded music that is not played with an instrument. Rav Asher adds that there is a clear difference between live and recorded music. Live concerts and performances lead to great Simcha; recorded music, although enjoyable, does not create Simcha, and Chaza”l prohibited simcha, not hana’ah.

He further observes that only the Ashkenazi Poskim treated this Issur with exceptional severity, forbidding even recorded music. Specifically, this includes Rav Moshe Feinstein (Igros Moshe O.C. 1:166), the Tzitz Eliezer (15:33), and Shevet haLevi (cited above), Zichronam l’Vracha. In contrast, the Sefardi Chachamim ruled more leniently. In Shu”t Yechave Da’at (1:45), R’ Ovadia Yosef zt”l^[4] quotes the Meiri (Gittin 7a) that asserts that Chaza”l “only forbade [Negina] in a licentious context (‘Pritzus’).” Given that many Rishonim restricted the Issur to Negina accompanying wine drinking, one who relies on their position,  or on the Meiri’s approach, is on solid Halachic ground. Regarding recorded music, there is even greater room for leniency. The Or l’Tzion^[5] (3:30:3) makes a similar argument and concludes that “one should not protest it.” R’ Asher similarly concludes that this view is the Ikar l’Halacha.

We are accustomed to avoiding listening to music during Bein haMetzarim, even in situations where it would be permitted throughout the year. Though the Magen Avraham (551:10) – the basis for the stringency – only forbids dancing, the Minhag is to avoid music altogether, as R’ Moshe Feinstein writes (Igros Moshe O.C. 1:21:4).^[6]

Many Poskim permit music throughout the year for people affected by depression. The Shevet haLevi (6:69, 8:127) justifies the practice, considering it a Mitzva. Similarly, the Mishne Halachos^[7] asserts (6:106) that “It is obvious that Chaza”l only forbade song for enjoyment and light-heartedness that may lead to levity. They never forbade [music] for the sake of Refua.” Poskim often quote Shu’t Maharshag^[8] (Shu”t 2:125) who states that people can naturally fall into despair and need to listen to music to alleviate their distress. Doing so transgresses no Issur.

The above pertains to music during the year. However, regarding Bein haMetzarim (or during the year of Aveilus for someone who has lost a parent, r”l), even though the widely accepted Minhag is to entirely refrain from listening to music, many Poskim are lenient if one needs it for these purposes. R’ Shlomo Zalman Auerbach zt”l^[9]  commonly permitted music during Bein haMetzarim and the year of Aveilus to alleviate loneliness or anxiety (Halichos Shlomo 14, footnote 8). He once allowed someone to play the piano in the home of a sick woman to strengthen her spirit (ibid. Dinei Sefiras haOmer 11, footnote 54). Since the purpose is not for simcha, it is permissible.

The Or l’Tzion disagrees (25:2), and he rules that one should not listen to music during Bein haMetzarim, even to alleviate sadness or disquiet, unless it is due to clinical depression. He adds in a footnote that “It is evident that a Chole Atzabim^[10] may listen to music throughout Bein haMetzarim, even on Tisha b’Av itself, since his life may be endangered if he refrains.”

It appears that the Or l’Tzion understood that sadness and disquiet are appropriate emotions during Aveilus, and music to assuage them cannot be permitted. Depression, however, is an illness; thus, music is allowed. The Rambam clearly states (Shemona P’rakim Perek 5) that music constitutes genuine medical therapy for melancholy (“Mara Shechora”).

The Maharshag (ibid.) emphasizes that this Halacha applies differently to individuals. Each person must discern for himself whether music is merely a source of enjoyment or necessary relief from depression.

R’ Yitzchak Zilberstein Shlit”a (Vavei haAmudim va’Chashukehem 34) similarly permitted Ezer miTzion volunteers to play music for hospitalized patients during Bein haMetzarim. He quotes the Pasuk in Mishlei – “Ru’ach Ish Yechalkel Machalehu (18:14) – A man’s spirit will sustain him amid his illness” as support for the Psak.

In conclusion, music is permissible for therapeutic purposes, such as alleviating depression, even during times when it is customarily avoided. This logically extends to those undergoing difficult treatments such as chemotherapy or dialysis, where music can provide distraction or emotional support, as well as to physiotherapy or other therapeutic exercise requiring movement at a specific rhythm and pace.

[1] [Editor’s note: The Gemara quotes P’sukim in Yeshayahu (8, 11-12) that mention four different musical instruments. See the Ben Yehoyada there for an allegorical interpretation of this Gemara.]

[2] [Editor’s note: Discussion of exceptions (e.g., Seudas Mitzva) is beyond the scope of this essay.]

[3] 1913-2015

[4] 1920-2013

[5] R’ Ben Tzion Abba Shaul zt”l (1924-1998)

[6] Regarding  a cappella music – see Halichos Shlomo, Bein haMetzarim (14:3).

[7] R’ Menashe Klein zt”l, Ungvarer Rav (1925-2011)

[8] R’ Shimon Greenfeld of Chust, zt”l (1860-1930)

[9] 1910-1995

[10] Someone suffering from mental illness that has crossed the threshold from normal emotional distress to psychiatric illness.