Kol Be-Ishah Ervah – The Voice of a Woman is Erotic

The following responsum is reprinted from Tomeikh KaHalakhah volume 3.  Tomeikh KaHalakhah is UTJ’s series of volumes of responsa (teshuvot) promulgated by the Union For Traditional Judaism’s Panel of Halakhic Inquiry.

There is an important principle that is brought in the Talmud in two contexts. The Talmud in Berakhot (24a) reads, “Shmuel said, the voice of a woman is erotic [lit. nakedness], as it is written (Song of Songs 2:14), ‘for your voice is delightful and your appearance pleasurable.’” This text factors into a discussion of what sensual phenomena would be distracting to a man saying the Shema (the man must not say the Shema, therefore, when such phenomena are present). The same statement of Shmuel is found again in Kiddushin 70a (without the biblical proof text), this time to support a ruling that a man is not to be personally attended to by women lest he be led to an intimacy with them that is appropriate only with his own wife (see Maimonides, Hilkhot Isurei Bi’ah, 22:3; also M. Avot 1:5 and Nedarim 20a).

This principle of Shmuel must be examined in order to understand its application (see Gittin 14a). Rabbi Yosef Karo, in the Shulhan Arukh, quotes Shmuel’s prohibition in two different contexts: at the time of reciting the Shema, to avoid impairing one’s proper concentration (Orah Hayyim 75:3) and at all times, to avoid improper thoughts (Even Ha-Ezer 21:1).

The first application is that it is forbidden for a man to listen to the voice of a woman during the recitation of the Shema because her voice will distract him from having the proper concentration when praying to the Holy One, Blessed be He. Now it would seem that the original locus of Shmuel’s statement is in Kiddushin 70a. In Berakhot 24a, it seems to have been brought in by association only. That is no doubt why this principle is not mentioned in connection with the recitation of the Shema by Rabbi Yitzhak Alfasi, Maimonides, or Arba’ah Turim. Indeed, Rabbenu Asher states that it has nothing to do with the Shema at all (Berakhot 3:37). Nevertheless, Mordekhai (Berakhot, no. 80) writes in the name of Rav Hai Gaon that it does apply to the recitation of the Shema, and he further writes in the name of Rabbi Eliezer of Metz that this applies to the recitation of anything sacred (davar she-be-kedushah). This is also quoted by Rabbi Yosef Karo in Bet Yosef Orah Hayyim, ch. 75. However, it is clear that Rabbi Karo himself only accepted the view of Rav Hai Gaon in the Shulhan Arukh Orah Hayyim 75:3. As such, the view of the Shulhan Arukh applies only to the recitation of the Shema, where the special kavvanah is required (see Mishnah Berurah Orah Hayyim 61:4). Furthermore, it would seem that the prohibition applies only to hearing the voice of a woman singing something secular, which would be distracting, and not something that is part of the religious service itself. Thus the version of the Gemara in Berakhot 24a (or perhaps its paraphrase) found in Hiddushei Ha-Ritba of Rabbi Yom Tov ben Avraham (ed. Hirschler, p. 146) and Bet Ha-Behirah of Rabbi Menahem Meiri (ed. Dickman, p. 84) is “And the voice of a woman [singing] a zemer is erotic (ve-kol shel zemer be-ishah ervah). Zemer is often used for secular, as opposed to sacred, songs (see Sotah 35a re Psalms 119:54; Sanhedrin 101a; cf. Shir Ha-Shirim Rabbah 2:32 re Song of Songs 2:14). Indeed, in ancient times as today, most secular (i.e., popular) songs were erotic. Zemer is also used for non-Jewish (specifically Greek) music (J.T. Megillah 1:9/71b), which was seen as distracting Jews from the study of the Torah (Hagigah 15b/bottom), which itself is to be studied with its own zemer (see Sanhedrin 99a-b). As such, nothing could be more distracting at the time of Shema than these secular erotic songs when one fulfills his obligation only with proper intention.

Nevertheless, it is permissible to hear the voice of a woman who is herself praying during the Shema. After all, we know that Berakhot 20b says, “Rav Ada bar Ahavah said that women are obligated to recite kiddush on Shabbat.” Thus if a woman recited kiddush for a man—which is permitted, however unusual—he is required to respond “Amen,” which he cannot do unless he has heard her voice. And in M. Sukkah 3:10, we find, “A man [who is ignorant] may answer word for word after a woman reciting Hallel for him.” Here again, he must first hear her voice. Also in Megillah 4a, “Rabbi Yehoshua ben Levi said that women are obligated to read the Megillah because they were involved in the miracle [of Purim].” From this Rashi (Arakhin 3a s.v. le-atuyei nashim) infers that women may read the Megillah for men. But even those who do not accept this opinion (Tosafot to Arakhin 3a s.v. le-atuyei nashim and Megillah 4a s.v. nashim in the name of Halakhot Gedolot) do not invoke the principle of a woman’s voice being an erotic distraction. (See Shulhan Arukh Orah Hayyim 689:2 and Magen Avraham, note 5. Several sources do, however, attribute such a view to Sefer Ha-Ittur, namely Sefer Ha-Me’orot to Megillah 19b, Orhot Hayyim, Hilkhot Megillah U-Purim, siman #2, and Kol Bo ch. 45 s.v. keri’at megillah. Rabbi Ovadiah Yosef, Responsa Yehaveh Da’at 3:51 in his notes, however, states that this disagrees with Rashba to Berakhot 24a. And he states that since the rabbis did not mention kol be-ishah ervah as a reason for this prohibition, this is strong proof that it was not a relevant consideration in the case of women reading both the Megillah and the Torah; see similar idea in Yehaveh Da’at 5:15 in notes. See also Rabbi Yehudah Herzel Henkin, Responsa B’nai Banim vol. 2, p.37, for the difference between reading the Megillah and reading the Torah.) And in Megillah 23a, “Our Rabbis taught that anyone may be one of the seven public readers of the Torah, even a minor, even a woman, but the Sages said that a woman may not read because of the dignity of the congregation.” Even though the reason is not given in the original source of this ruling (Tosefta Megillah 3:11; see Tomeikh Ke-Halakhah 1:25-31), none of the Rishonim, to my humble knowledge, invokes the principle of a woman’s voice being an erotic distraction as a reason.

Therefore, the first application of kol be-ishah ervah is that it is forbidden to listen to the voice of a woman singing a secular song during the recitation of the Shema.

The second application of Shmuel’s principle is that it is forbidden to have improper thoughts about women at any moment, even at times when one is not engaged in prayer (see Yoma 29a). Maimonides (Hilkhot Isurei Bi’ah 21:2) brings this principle in the context of situations that must be avoided lest one come to engage in improper sexual relations. He writes, “Even to listen to the voice of a forbidden woman or to look at her hair is forbidden.” He excludes unmarried women, who are not forbidden, and states that a man’s own wife who is a niddah, though now forbidden, soon will not be, and thus is not included in the prohibition. Maimonides is followed essentially by Arba’ah Turim (Even Ha-Ezer, ch. 21) and Shulhan Arukh (ibid. se’if #1). However, Maimonides and those who follow him appear to even forbid hearing a women’s speaking voice. But later authorities limited the prohibition to a woman’s singing voice (see Perishah Even Ha-Ezer 21:2; Bayit Hadash Orah Hayyim, ch. 75 s.v. ve-se’ar and Even Ha-Ezer ch. 21 s.v. ve-asur lishmo’a; Magen Avraham Orah Hayyim 75:6). Therefore, Rabbi Shmuel Phoebus (Bet Shmuel Even Ha-Ezer 21:4) rules that it is permissible to hear any woman’s speaking voice and it is only forbidden to hear the singing voice of a married woman, as opposed to one’s wife and any unmarried woman, as long as it is not during the time of prayers. Rabbi Yosef Teumim (Pri Megadim, Mishbetsot Zahav, Orah Hayyim, ch. 75), however, extends the prohibition to a unmarried woman who is a niddah because she would also be forbidden.

What would arouse these improper thoughts? If the songs heard from the voice of a woman were lustful songs that are heard all the time in our period of licentiousness, then certainly the content of these songs will arouse many improper thoughts in the hearts of the listeners and this is indeed the intent of the authors of these songs. However, songs taken from Scripture and the pure tradition of Israel, which praise the Holy One, Blessed be He, His Torah, His people Israel and His holy land of Israel, are certainly not intent on arousing improper thoughts. In hearing these types of songs, all is dependent on the intent of the listener. If someone, when hearing these songs sung by a woman, is led to impure thoughts, then it is absolutely forbidden for him to hear a woman sing them. And thus, we read in the Talmud in Ta’anit 5b, “Rabbi Yitzhak said: Anyone who repeats [the name] Rahav, Rahav would instantly have a seminal emission [Rahav hid the spies that Yehoshua sent to the land of Israel and, according to Megillah 15a, was a very beautiful woman]. Rav Nahman responded to him: I have repeated it and was not in any way affected! [Rabbi Yitzhak] replied to him: I speak only of one who knew her and recalls her.” Tosafot (s.v. be-yad’ah) explains that this refers to one who “knew” her intimately and “recalls” her likeness. That is to say, certain impure thoughts occur only when they are accompanied by a physical relationship between a man and a woman. Furthermore, we find in the Talmud in Kiddushin (81b-82a), “Rav Aha bar Abba visited Rav Hisda, his son-in-law, and took his granddaughter and sat her on his lap…[Rav Hisda said to him:] But you too have transgressed Shmuel’s [ruling], for Shmuel said: One must not make use of a woman. [Rav Aha bar Abba] replied: I agree with Shmuel’s other [ruling], for Shmuel said, All [is to be done] for the sake of Heaven” (see also Berakhot 20a and Ketubot 17a). Tosafot (s.v. ha-kol) writes, “And [based on this], we rely nowadays to make use of the services of women” (see also Rabbi Moshe Isserles, Even Ha-Ezer 21:5). Thus, all depends on the time and place in which a person lives as well as the experience of the man and his own understanding as to whether he will have impure thoughts in a particular situation.

And so, Rabbi Menahem Meiri, Beit Ha-Behirah, Kiddushin 70b (ed. Dickman, p. 333), therefore writes, “…to a person who knows of himself that the character of his inclination is not such as to lead to improper thoughts about such matters. But concerning this and other such matters the Torah says, ‘you shall fear your Lord, I am God’ (Lev. 19:14).” And in addition, Rabbi Shlomo Luria (Yam Shel Shlomo, Kiddushin 4:25) writes, “Everything depends on what a person sees, and [if he] controls his desires and overcomes them he is permitted to speak to and look at a woman forbidden to him (ervah) and inquire about her welfare. The whole world relies on this in using the services of, and speaking to, and looking at, women” (this is an extension of Ritba, end of Kiddushin, s.v. ve-asikna, who limits this leniency to exceptionally pious individuals). Based on this understanding, Rabbi Mordekhai Jaffe, in Levush, Orah Hayyim, Minhagim siman 36, writes, “It is written in the Sefer Hasidim that any place where man and woman can see one another, such as at a wedding feast, we do not recite the blessing ‘in Whose abode is happiness’ (she-ha-simhah be-me’ono) since there is no happiness before the Holy One, Blessed be He, where there are thoughts of sin. But nowadays we are not careful about this, and it is possible that since now it is common to have women frequently among men, and there are not many sinful thoughts…” (see also Mordekhai, Berakhot, no. 80, quoted by Arukh Ha-Shulhan, Orah Hayyim 75:7, and his additions as well as Kitzur Shulhan Arukh 5:16). Thus, we see that the concept of kol be-ishah ervah is dependent on time, place, and individual. As such, if a person is prone to improper thoughts then it is forbidden for him to hear a woman sing even songs from our holy tradition.

Nonetheless, these types of songs are meant to lead one’s heart toward Heaven. This can be seen from a famous responsum of Rabbi Ya’akov Yehi’el Weinberg (Responsa Seridei Aish, Even Ha-Ezer #77; see also Orah Hayyim #8 at end). Rabbi Weinberg was asked by leaders of a Jewish youth organization in France, called “Yeshurun,” whether it was permissible for them to sponsor programs that involved boys and girls singing Shabbat songs together. His responsum begins with a long introduction in which he recognizes the success of youth organizations in winning the hearts and minds of those who would be lost to Torah and greatly encourages such programs. Nevertheless, Rabbi Weinberg relates his surprise at discovering that in observant homes in Germany men and women sang Shabbat songs together. He reports that subsequently he learned that Rabbi Samson Raphael Hirsch and Rabbi Ezriel Hildesheimer had permitted the practice, as did a Sephardic authority quoted in Sedei Hemed (Klalim, Ma’arekhet Ha-Kuf no. 42, see below). They permitted it based on the principle that “two voices cannot be heard” (terai kalei la tishtamei). Rabbi Weinberg was not convinced to sanction this practice based on this principle alone and sought another way to allow it. He argues, based on implications from Rishonim, that listening to a woman sing is prohibited only when one derives pleasure from the woman’s voice. In the case of sacred songs, however, one is not intent on deriving such pleasure; rather, the words of the song lead the heart to Heaven and, therefore, there should be no prohibition (he also quotes the view of the Ritba [mentioned above] that it is dependent on the desires of the listener). He further suggests that while the Talmud (Kiddushin 70a) states that to hear a woman’s voice (even her speaking voice) is forbidden, halakhic authorities apply this prohibition only to her singing voice since singing causes sinful thoughts, which is not the case when singing Shabbat songs, which arouse holy feelings. He also quotes Rabbi Moshe Isserles (Even Ha-Ezer 21:5), who rules that anything that is not done in an affectionate way (derekh hibah) is permissible as long as it is for the sake of Heaven (le-shem shamayim). Rabbi Weinberg says that since the purpose of singing these songs is to arouse religious feeling and to instill in one’s heart an affection for the holiness of Israel, one can be lenient. He also points out that since there is not an actual prohibition (but rather a pious custom), we may certainly apply a lenient ruling.

Thus, if a person is accustomed to hearing a woman sing and will not be led to improper thoughts, it would be permissible since, as Rabbi Weinberg points out, such songs are designed to lead to spiritual and holy thoughts. However, if this is not the case and one is indeed led to impure thoughts when hearing a woman sing, even if she is singing along with men, it is absolutely forbidden to listen to her and one must leave.

Despite our ruling, many contemporary authorities have been quite strict in this matter (see also Rabbi Saul J. Berman, “Kol Isha” in Rabbi Joseph H. Lookstein Memorial Volume (New York, 1980), pp. 45-66, as well as a reaction by Rabbi Yehudah Henkin, Equality Lost (Jerusalem, 1999), pp. 66-75). The Talmud in Berakhot (57b) says, “Three things restore a man’s mind: sound, sight and smell.” Rashi (s.v. kol) explains that “sound” is either “the sound of musical instruments or a woman’s pleasant voice.” Rabbi Ovadiah Yosef (Responsa Yabi’a Omer Orah Hayyim vol. 6, #6) questions this explanation based on the principle of kol be-ishah ervah. How is it possible for a man even to listen to a woman’s voice at all? Based on this and other sources (i.e. Ta’anit 5b not like Tosafot), he answers that if a man does not know a woman and does not know what she looks like, it is permissible to listen to her sing on a record or on the radio. In this extensive responsum, he also does not distinguish between a married and an unmarried woman in this matter (as does Bet Shmuel, cited above). However, Rabbi Moshe Feinstein (Responsa Iggerot Moshe, Orah Hayyim vol. 1, #26) does distinguish between one’s intention to derive pleasure from the voice of the woman, which is forbidden (beginning at age 11, in his view) and deriving pleasure from the content of the song, which will not lead to improper thoughts. However, the most lenient position in this regard is Rabbi Eliezer Waldenberg (Responsa Tzitz Eliezer vol. 5, #2). In responding to Rabbi Yosef who asked his opinion of his teshuvah, he quotes a view found in the Sedei Hemed (Klalim, Ma’arekhet Ha-Kuf, no. 42), which permits men to listen to a woman singing as long as the songs are not lustful and one does not intend to derive benefit from her voice, but rather listens to songs and hymns of praise to God, cooing a baby to sleep, or lamenting the deceased. Thus, all is based on intent and context regardless of whether one knows the woman and what she looks like and whether she is married. As long as the singer and listener are acting “le-shem Shamayim—for the sake of Heaven,” it would indeed be permissible to listen to a woman sing songs that are quotations from the Tanakh or from our tradition that praise the Holy One, Blessed be He, His Torah, His people Israel, and His holy land of Israel.