HALACHA OF THE WEEK: Listening to Music During Sefirat HaOmer
The Shulchan Aruch [Orech Chaim 493:1] records the tradition that Rabbi Akiva’s students died during the period of sefira, and therefore, we have adopted certain customs of mourning. Yet, nowhere does it mention a prohibition of listening to music. Instead, the first mention of a prohibition of listening to music during sefira is found in the comments of the Magen Avraham (1635-1682) who wrote that if an engagement party is held during sefira, music and dancing is prohibited [ibid. note 1].
Nevertheless, by the late 18th century, the Aruch HaShulchan noted that this prohibition of music during sefira applied to all settings [Orech Chaim 493:2] and HaRav Moshe Feinstein, z"l concurred and wrote that music should not be listened to during sefira [Iggrot Moshe Orech Chaim 2:137].
Yet, when it comes to recorded music there remains a difference of opinion. Most authorities rule that there is no difference between live and recorded music - BOTH are forbidden during sefira [Az Nidberu 8:58; Iggrot Moshe Orech Chaim 1:167; Tzitz Eliezer 15:33]. (In fact, some even forbid listening to acapella music suggesting that the equipment used to play this music has the status of a musical instrument [Shevet Halevi 2:57 and 8:127].) On the other hand, HaRav Mordechai Willig disagrees and rules that since early authorities did not forbid music during sefira, recorded music should be permitted [see also Sheilat Shlomo - HaRav Aviner 1:214].
A further leniency regarding music may apply to classical music. This is because, as noted above, the earliest issues with music during sefira were always associated with dancing. Therefore, classical music, which is not used for dancing, may be permitted. This is reported to have been the position of HaRav Yosef D. Soloveitchik, z”l and Harav Chaim Pinchas Scheinberg, z”l [Divrei Chachamim 35:420], and is also the position of contemporary authorities such as HaRav Nachum Rabinovitch [Siach Nachum Orech Chaim 35], HaRav Shlomo Dichovsky [Techumin 21] and HaRav Eliyahu Schlezinger [Eleh Hem Moadai 3:63].
However, it should be noted that any leniency regarding listening to music is only in cases where the content of that music is appropriate and according to some, even religiously inspiring. To listen to music whose lyrics contain obscenities or encourage behaviors contrary to Torah law is forbidden.
DVAR TORAH
There is a fascinating paradox regarding the laws of tzara'at, (the metaphysical malady commonly translated as "leprosy"), which affected those who committed the sin of "lashon hara" [gossip].
On one hand, only a kohen could determine if a person who displayed the symptoms of tzara'at was impure and had to be sent out of the encampment "where he sits in solitude" (Vayikra 13:46). On the other hand, as the Talmud teaches, if the afflicted person "destroyed the evidence" and removed the discolored skin he/she could no longer be considered impure.
Why send the person from the encampment? Since tzara'at wasn't a physical disease, but a Divine punishment - it wasn't contagious! And if a person could remove the discoloration, or adulterate its appearance - why not have the person locked in a cell under constant guard until the tzara'at disappears on its own?
Reb Yaakov Kamenetzky, explained that the reason a person with tzara'at had to "sit in solitude" was a special gift from the Torah. Because the sin he committed of "lashon hara" is impossible to commit all alone. Therefore, the Torah instructed the kohen to send him away, NOT to avoid others, but to confront him, to consider his deeds, in the absence of all peer pressure and influence. And there, all alone, he had but two options, to continue to fool himself, to remove the discoloration and appear pure. Or, to be honest with himself, see his actions for what they truly were, repent and grow.