Why should A Capella music be allowed during Sefirah/Three Weeks?

Question

Background:

I'm not sure how I feel about: a)the custom to refrain from listening to recorded music during Sefirah or b)the assumption that recorded a cappella music is not considered instrumental (despite the fact that there is nobody sitting in front of you singing; ie., the recording is itself an instrument). OK, I'm pretty sure we all can tell how I feel about b. Anyone disagree, though? And any thoughts on a?

I'm also not entirely sure why live singing isn't a problem during Sefirah (assuming it's done for the sake of making people happy and spreading joy).

I understand that refraining from listening to music appears to be Minhag Yisrael, but it's not mentioned anywhere before later Aḥaronim - even the RaM"A doesn't mention it: http://www.hebrewbooks.org/pdfpager.aspx?req=9008&st&pgnum=292 (or does someone else contemporaneous to or preceding the MeḤaber mention it?).

To be clear, I'm operating on a couple of assumptions, so please correct me if I'm wrong:

1. The practice to refrain from listening to music during the period - not discussing the prohibition the rest of the year, which is clearly not followed by most - is a (comparatively) recent trend.
2. I don't believe the prohibition was ever an issue of personal joy, so much as public expressions of joy/celebration.
3. Live performance of music is one of many forms of expression/manifestation of public joy and celebration, especially when accompanied by dancing.

So, considering all of the above, why is live a cappella ok? And if instrumental music itself is a problem why is recorded a cappella ok?

Answer 1

Apparently it is not.

There are basically three types of a cappella.

One is where the musical sounds originate from human voices but the natural properties are digitally modified with computer software to attain quality of sounds that are not humanly possible, thus making it sound more like regular music. Such a cappella is halachically not viewed as being any different from regular music.

There are other forms of a cappella which sound very similar to regular music, although no digital modification is done to the voices. These types of a cappella should also not be listened to during Sefirah and The Three Weeks, as will be explained shortly.

The third type of a cappella is where regular songs are sung by an individual or choir. There is nothing halachically objectionable about listening to such a cappella during Sefirah and The Three Weeks.

See here for more information.

Answer 2

(1). It's not that recent. The באר היטב in סימן תצג - דינים הנוהגים בימי העמר says:

רק לעשות שמחות יתירות בריקודין ומחולות נהגו איסור. מ''א וח''י ע''ש

So a source would be the Magen Avraham who died in 1682.

As you see, the issue is dancing, so any music that is not conducive to dancing should - in theory - be permissible.

Since cappella is not music (i.e. not produced by an instrument, see below) and not conducive to dancing, some Poskim have allowed it during Sefira.

(2). The earlier Poskim don't mention singing and music during the Sefira, because singing and music is forbidden during the entire year - except for Mitzva reasons like at weddings. This is one of the decrees instituted to remind us of the destruction of the Bet HaMikdash.

We learn in Shulchan Aruch in סימן תקס - לעשות זכר לחרבן:

ג וְכֵן גָּזְרוּ שֶׁלֹּא לְנַגֵּן בִּכְלֵי שִׁיר וְכָל מִינֵי זֶמֶר וְכָל מַשְׁמִיעֵי קוֹל שֶׁל שִׁיר לְשַׂמֵּחַ בָּהֶם; הגה: וְיֵשׁ אוֹמְרִים דַּוְקָא מִי שֶׁרָגִיל בָּהֶם, כְּגוֹן הַמְּלָכִים שֶׁעוֹמְדִים וְשׁוֹכְבִים בִּכְלֵי שִׁיר אוֹ בְּבֵית הַמִּשְׁתֶּה (טוּר), וְאָסוּר לְשָׁמְעָם מִפְּנֵי הַחֻרְבָּן; וַאֲפִלּוּ שִׁיר בַּפֶּה עַל הַיַּיִן, אֲסוּרָה שֶׁנֶּאֱמַר: בַּשִּׁיר לֹא יִשְׁתּוּ יָיִן (יְשַׁעְיָה כד, ט) וּכְבָר נָהֲגוּ כָּל יִשְׂרָאֵל לוֹמַר דִּבְרֵי תִּשְׁבָּחוֹת אוֹ שִׁיר שֶׁל הוֹדָאוֹת וְזִכְרוֹן חַסְדֵי הַקָּדוֹשׁ בָּרוּךְ הוּא, עַל הַיַּיִן. הגה: וְכֵן לְצֹרֶךְ מִצְוָה, כְּגוֹן, בְּבֵית חָתָן וְכַלָּה, הַכֹּל שָׁרֵי (תּוֹסָפוֹת וּסְמַ''ג וְהַגָּהוֹת מַיְמוֹנִי). ‏

Recently some Poskim seem to have found loopholes around the above Halacha; prompted -probably - by the invention of the phonograph.

(3). Recorded music. Obviously you will not find Poskim before 1877 dealing with that issue. The phonograph was invented in 1877 by Thomas Edison. (Source: WP)

This should give you some information to revise [some of] your assumptions.

Answer 3

1. The practice to refrain from listening to music during the period - not discussing the prohibition the rest of the year, which is clearly not followed by most - is a (comparatively) recent trend.

I see no one else has pointed this out, so I will.

Leket Yosher (pg 97) writes that his teacher (the Terumas Hadeshen) would not even say "Eliyahu" on Motzaei Shabbos, except when Lag B'omer was on Sunday, in which case he would say "Eliyahu".

This is an explicit source from a Rishon not to sing vocally during Sefirah.

And if instrumental music itself is a problem why is recorded a cappella ok?

There are indeed those who hold that it's not ok, but there are also those who say it's fine. While he doesn't explain the why, Tzitz Eliezer (15:33) writes that recordings have the same status as the original, meaning if the recording is of vocal, then the recording is considered vocal, and if the recording is of instruments, then the recording is also considered an instrument.

By contrast, Shevet HaLevi (8:127) writes that recordings of any type (even of vocal singing) have the status of instrumental music, and are thus prohibited (yearlong, as he holds like Shulchan Aruch, that all such music is prohibited yearlong).

Answer 4

There is a machlokes between Rav Moshe Feinstein Zt"l and Rav Yaakov Kamenetsky Zt"l if recorded music is considered music. This was told to us directly by our Rosh yeshiva, Rav Shmuel Kamenetsky. Rav Moshe is machmir and Rav Yaakov is makil. According to Rav Moshe, why is it ever ok to listen to tapes or CDs? It should be asur b/c of churban haBayis except at a Simcha shel mitzvah.

And according to Rav Yaakov, since recorded music isn't halachic music, why is it asur during sefira? There is a difference between listening for pleasure (forbidden) vs for mental health or to keep a driver awake (permitted).