Kol Isha

By Rabbi Joshua Flug

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I.

Introduction-This shiur outline will focus on various aspects of kol isha. The following resources are available online: a. Article by R. Ben Cherney b. Article by R. Saul Berman c. Source Sheet of English translations/summaries by R. Gil Student

II.

Talmudic Sources a. The main source for the concept of kol isha appears in the context of a discussion of different types of "ervah" for the purpose of reciting kerias sh'ma. Shmuel states that a woman's voice is considered ervah, {} based on the verse in Shir HaShirim which describes the beloved as having a sweet voice. {} b. Shmuel's statement appears again in a different context. R. Nachman asked R. Yehuda to inquire about R. Nachman's wife Yalta. R. Yehuda suggested that it is a problem of kol isha. {} c. The Gemara also has a criticism of the practice of men and women singing something responsively (where men sing and women respond or vice versa). {}

III.

How the Rishonim Deal with these Sources a. Rabbeinu Asher (c. 1250-1327) writes that although the concept of kol isha was introduced in a discussion about ervah for kerias sh'ma, the concept is only applicable to listening to a woman's voice in general and not to kerias sh'ma. {} b. Rambam (1138-1204) takes a similar approach and only codifies the issue of kol isha in the discussion about looking at women. {} c. R. Hai Gaon (939-1038) has a number of important points regarding kol isha: {} i. He applies it specifically to kerias sh'ma. ii. He states that it only applies to a singing voice and not to a speaking voice. iii. He writes that if one can recite kerias sh'ma without paying attention to her voice, it is permissible. d. Mordechai (c. 1250-1298) quotes R. Hai's position and two Rishonim who follow this position: {} i. R. Eliezer of Metz (d. 1175) is of the opinion that it applies to kerias sh'ma or any other davar sheb'kedusha including learning Torah. However, because it would be difficult to find a place to learn where there are no women's voices in the background, we are lenient. ii. Ra'aviah (d. 1225) is of the opinion that any of the "ervahs" that one is generally accustomed to seeing or hearing, it is not an issue.

e. Rashba (1235-1310) quotes Ra'avad (c. 1125-1198) who makes two points: {} i. The discussion about kol isha in the context of kerias shma is about reciting kerias shma while one' wife is singing. ii. In general, it is prohibited to listen to another woman's voice whether speaking or singing. Ra'avad does admit that perhaps the prohibition against listening to a speaking voice may be limited to exchanging greetings where there is a concern that they will bond through the greeting. IV. The Psak of Shulchan Aruch and Analysis a. Orach Chaim (Hilchos Kerias Sh'ma) i. R. Yosef Karo (1488-1575) in Beis Yosef quotes the opinion of Rabbeinu Asher that kol isha does not apply to kerias sh'ma as well as the opinion of R. Hai Gaon that it does. {} ii. In Shulchan Aruch he writes " " from listening to a woman's singing voice during kerias sh'ma. {} b. Even Ha'Ezer (Hilchos Histaklus B'Nashim) i. R. Ya'akov ben Asher (Tur, 1269-1343) writes that it is prohibited to listen to woman's voice. {} ii. Beis Yosef writes that the source of this is Berachos 24a (ostensibly following Rabbeinu Asher). {} iii. In Shulchan Aruch he writes that it is prohibited to listen to the voice of a woman. {} c. Analysis of Shulchan Aruch's psak: i. The fact that in Hilchos Kerias Sh'ma, it says , implies that , we follow the opinion of Rabbeinu Asher and Rambam that kol isha is a general prohibition against listening to another woman's voice. This is consistent with the definitive psak in Even HaEzer (as opposed to .) ii. Shulchan Aruch doesn't address the issue of speaking vs. singing, an issue that Rabbeinu Asher or Rambam didn't address either: 1. R. Yehoshua Falk (1555-1614) notes the terminology that Rambam and Shulchan Aruch use " " or " ." He presents two possibilities to what it means: {} a. It is prohibited to listen to the voice of anyone who is considered an .Therefore, one may listen to one's wife's voice or the voice of someone single.

b. It is prohibited to listen to the voice of a woman that would be considered a type of , meaning a singing voice as opposed to a speaking voice. 2. R. Shmuel Feivish (Beis Shmuel, 17th century) combines both approaches of R. Falk. He writes that kol isha is only prohibited when we are dealing with an ervah and the voice is of an ervah nature such as singing or exchanging greetings. {} a. This is how he resolves the discrepancy between the Gemara in Berachos and the Gemara in Kiddushin (similar to Ra'avad's analysis). b. R. Avraham Gombiner (c.1633-1683) writes that a single woman who is a niddah is considered ervah. {} d. What is the nature of the prohibition against kol isha? i. R. Moshe Feinstein (1895-1986) (in a teshuva that doesn't deal with kol isha) writes that there are really two separate concerns when dealing with looking at women who are not dressed appropriately: {} 1. There is a prohibition against .When one looks at women who are not dressed appropriately, one may have thoughts that can lead to .This prohibition is similar to any other prohibition in the Torah (i.e. it is not a form of ) and applies to all women (except one's wife). 2. A woman may choose to expose normally covered parts of her body for the purpose of or . This is prohibited because it can lead to . This type of prohibition is because it is a predecessor to .) ) ii. What type of prohibition is kol isha? 1. If it only applies to ,it is not a function of because applies to all women. If it only applies to ,it is an issue of ,that through singing the two may bond and engage in prohibited activities. 2. There is a dispute among the Acharonim as to whether kol isha is or : a. R. Yosef Teomim (1727-1793) assumes that it is because it can lead to }{ . b. R. Avraham Danzig (1748-1820) writes that it is }{ .

i. He might assume that the concern is and there is a lesser concern for when it comes to a woman's voice. ii. He might assume that it is a function of but the concern is not as great. 3. There are a number of practical issues that relate to this analysis and they will be discussed in the next section. V. Practical Applications a. Is one required to leave a room where a woman is singing? i. The Gemara states that if one has the option of travelling on two different paths, one of which will pass women who are washing clothes in the river (and are not dressed properly), one must choose the other path. If there is no other path, one may walk on that path, but one should not look at the women. {} ii. R. Chaim Y.D. Azulai (Chida 1724-1807) quotes this Gemara in the context of someone who is sitting in a hotel room and a woman in the next room is singing. Is he required to find another room? Chida suggests that similar to the case in the Gemara, if one has no choice (it would cost money to go to another room) and one has no intent to benefit from the woman's voice, it is not prohibited. {} iii. The Rogatchover (R. Yosef Rozen, 1858-1936) discusses whether one must walk out of a room where a woman is singing. He notes the Gemara about the path along the river and notes that this is similar to having no other path (ostensibly because the person wants to remain in this room) and one may remain in the room while doing his best to make sure that he doesn't have intent to benefit from her voice. He also quotes Rabbeinu Yonah who implies that the prohibition may only be to benefit from a woman's voice. {} iv. These two acharonim are of the opinion that kol isha is a function of hirhur. With regards to hirhur, the Gemara establishes that staring at women for the purpose of benefiting from them is prohibited, but walking by without intent to benefit is permitted. Mishna Berurah seems to take a different approach. He writes that lack of intent is only permissible when we are dealing with women who are not .However, if the woman is an ervah, it is prohibited to listen even without intent to benefit. Mishna Berurah seems to be of the opinion that there is a element when a woman is singing and therefore, the situation is prohibited regardless of intent. {} 1. In defining what Mishna Berurah means by intent, R. Moshe Feinstein writes that it is not a problem if the listener benefits from the singing the same way he would benefit from a man's voice. It is an issue if the listener derives sensual pleasure from the woman's voice. {}

b. Is there a prohibition against listening to woman's recorded voice? i. R. Ovadiah Yosef (b. 1920) discusses this issue and suggests a number of leniencies: {} 1. If one doesn't know who is singing, there is less of a concern. 2. It is not the actual voice but a digital (or analog) reproduction. 3. R. Ovadiah concludes that if one has seen the woman previously, even through a picture, one must be stringent. a. R. Ovadiah's analysis seems to focus on the hirhur aspect of kol isha. If the woman is familiar to the listener, there is a concern for hirhur. If she is not, there is no concern for hirhur. There is ostensibly, no concern for because there is absolutely no connection or relationship between the listener and the woman. b. If one combines this analysis with the analysis from the previous case (leaving the room), Mishna Berura would agree that one would not be required to leave a room (or store) when there is a recorded woman's voice in the background: i. There is no concern for hirhur if one's intent is not to benefit from the woman's voice. If it is background music in the store, one can make a stronger case for this than someone actually listening to the music for the purpose of enjoying it. ii. There is no concern for because it is recorded. c. Mixed Zemiros i. R. Yechiel Ya'akov Weinberg (1884-1966) discusses the practice of youth groups that have young men and women sing zemiros together. (Click here for fuller version of the text): 1. He notes that in Germany, the minhag was for women to sing zemiros at the Shabbos table with other men around and the practice was approved by R. Azriel Hildesheimer and R. Shimshon Refael Hirsch. The basis for this leniency was }{ . 2. He also notes that similar to other issues with , the prohibition only applies if it is . In this case, we are dealing with zemiros and it is considered as opposed to }{ .

a. This only addresses the issue of . He addresses the issue of hirhur earlier in the teshuva and states that this would be similar to other cases where one has no intent to benefit. b. R. Aharon de Toledo (18th century) is the most extreme in focusing on the type of song. He writes that kol isha only applies to love songs. It does not apply to zemiros or even to lullabies that mothers sing to their children. {} i. R. Chaim C. Medini (Sdei Chemed 1833-1904) notes that while one should not rely on this opinion, the opinion does have some merit. {} ii. R. Aharon of Toledo's approach can address both hirhur and kiruv hada'as. When the nature of the song is different, these concerns don't apply. ii. R. Moshe Sofer (1762-1839) takes a different approach than R. Weinberg: 1. He initially discusses a gathering to greet the emperor which involved men and women singing. He writes that while it is a mitzvah to greet the emperor, one cannot violate halacha. Mixed singing is a violation of the Gemara in Sotah. {} 2. He then references this teshuva in discussing whether women can sing out loud during prayer if their voice will be heard on the other side of the mechitzah. He prohibits this as well. {} 3. It is important to note that one of the major factors in R. Weinberg's teshuva is that it is important to consider the nuances of the situation. He notes that the German rabbinate did a much better job dealing with the youth of Germany than their counterparts in Lithuania because they had a greater sensitivity to the situation. {} d. Listening to young women i. R. Moshe Feinstein writes that technically, it is permissible to listen to young girls who are not niddos. From a practical perspective, one should make sure that they are all of an age that it is certain that they have not had a period rather than checking them individually. He does note that is preferable to be machmir even with young girls. {} 1. Part of his explanation is that there is no concern of hirhur for young girls because people don't generally derive pleasure from young girls. The issue doesn't apply because they are not }{ .

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