Kol Isha II: Mutual Responsibility קול אישה (ב): אחריות הדדית

Regarding the matter of hearing the singing voice of a single woman who is pure (not nidda), one should permit it when the singers are young and not more than eleven years old. Over age eleven, even when it is known that they have not yet menstruated, even though according to the letter of the law I have demonstrated that one can be lenient, in any case one should be stringent because, since some girls of that age have already begun to menstruate, one should not distinguish between them. And where there is no need, one should not be lenient at all, since in these matters one who is stringent is considered sanctified.

…it is permissible [for a male] to hear the singing voice of his minor sister, who is younger than eleven years old. However, from age eleven it is unseemly to hear her singing voice….it is permissible to sing zemirot if his sister sings quietly.

It seems that the explanation of “a voice to which he is accustomed” is not specifically a speaking voice, but rather even a singing voice is permissible if he is accustomed to it…And according to this it is entirely permissible on Shabbat at the time of zemirot that the young women [of the family] participate in saying the zemirot, since they sing [together] from their youth and this is a voice to which he is accustomed, and also one may permit it from the perspective of girls’ education, so that they will have desire and love for the Shabbat meal…

Therefore, the prohibition of hearing a voice is not as stringent as looking [at a woman for pleasure]. Since [a man’s] looking at his wife in nidda is permissible according to everyone, even when he takes pleasure in his seeing….How much more so that it is permissible to hear her singing voice, and there is no prohibition in this, since in the future she will be permitted to him [to have relations].

Regarding the essence of the words of Sefer Chassidim, that a woman is also cautioned not to listen to a man’s voice…. The primary halacha is as I have written, to permit this. Furthermore, the stringency of Sefer Chassidim is the opposite of the common custom, that women in the women’s section [of the synagogue] listen to the song and the prayer, from chazzanim and singers with a pleasing voice, and there is no concern for what Sefer Chassidim wrote.

I have contended for many years, based on the words of Sefer Chassidim, that it is also appropriate for women to refrain from going to concerts of male singers, which are also tainted with these stumbling blocks.

Certainly it is not prohibited except when he intends to take pleasure, in accordance with Rambam’s opinion…

And so he should not recite [Shema] while she sings, for a woman’s voice is erva, but…while she speaks normally it is permissible. Even while she sings, if he can concentrate his mind on his prayer such that he does not hear her and doesn’t pay attention to her, it is permissible and he shouldn’t stop his recitation.

If he intends to hear her voice, and cherishes this thing, because he is pleased to have the opportunity to enjoy this – then he is certainly violating a prohibition. But if he does have such intent, and is not pleased with this opportunity…but he hears involuntarily…there is no prohibition. Know that there is more to learn from there regarding the case in question, as long as he does not have intention for this, even though it is possible for him to go to a different place where he will not hear her voice, it is also permissible. For there in the gemara, he proved from the case of the garment seller, even though it is possible for him to conduct himself like the scrupulous, nevertheless, if he does not have intention, it is permissible, even though he benefits involuntarily…Nevertheless, a pious person should be stringent with himself where it is possible to separate himself, and especially where it is not a burden, i.e., where he has another room available in the same house from which he will not hear the voice…

Regarding hearing a woman’s voice at official ceremonies, in a context where there is no frivolity whatsoever, one may straightforwardly be lenient, and one who is stringent, should be stringent for himself alone.

It is fitting and proper for every upright, God-fearing woman … not to make her singing voice heard with Shabbat zemirot, or in any way at any time as long as a man to whom she is erva is sitting at the table with her. Only her lips should move, and her voice should not be heard one bit. For even if she is extremely pious and modest and her intentions are acceptable to Heaven, it is still a mitzva that brings about a serious transgression because perhaps the man who hears her voice will have improper thoughts…. And she must be careful that people not stumble because of her…

Where two Chachamim who live in one city, or in two places, and these prohibit and these permit – those who permit need to inform those who prohibit: this item, you prohibit and we permit.

…in this case, where there is not a complete prohibition, only a pious custom and a measure of modesty, it is possible to learn from our neighbors and to permit in France, where the situation of Judaism has already reached a crisis… Therefore, I have ruled for the leaders of the “Jeshurun” organization that they may rely on the great [rabbinic leaders] of Germany, who were expert in the science of education and knew the spirit of the girls of the generation, who were educated in school and studied languages and sciences, who have a sense of self-esteem and perceive insult and exclusion from the community in the prohibition imposed on them from participating in holy zemirot. Therefore, they permitted women to participate in Shabbat zemirot. And we see and know that the great [rabbinic leaders] of Germany succeeded in the education of the girls and young women more than the great [rabbinic leaders] of other countries. And in Germany we have seen learned women with a high level of education, who were deeply committed to the religion of Israel and fulfilled the mitzvot with enthusiasm. Therefore, I am not eager to forbid what they permitted there, and in such cases it is said “a time to do for God, they have violated Your Torah”…. For in countries like Germany and France, the women feel insulted and wounded in their rights if we prohibit them from participating in the delight of Shabbat through holy zemirot. This is understood to anyone who knows the nature of women in these countries. And the prohibition can cause the women to go far from religion, Heaven forfend. And I have explicitly made the condition in my above letter that one may not force the women to participate in holy zemirot, and if they wish to be stringent upon themselves, Heaven forfend that one should tease them and mock them, for ultimately they are maintaining the custom of our holy forefathers, who were careful not to permit women even [to sing] holy zemirot.

According to this approach, there is no problem for the modest and pious among our daughters to develop careers as singers even within general culture, but without waiving the delicate fundamentals of Torah culture…

In the beginning I really didn’t sing before men, but in the past year I became aware of a different halachic opinion…We have good friends who do not come to hear us, because this matter is debated, and they are more particular. This is totally fine from our perspective…To my view, I make more of a kiddush Hashem than a chillul Hashem. Whoever does not listen to women’s singing won’t hear me sing. But whoever does listen, then it is better that he hear Jewish music…

It seems to me in practice, that if we are desirous of life and seek to know the illuminating path of Torah for this time, and out of broad consideration of reality and the sensitivities of the community in all its components, and of the concern of a full breach of the boundaries of tzeniut, certainly it is not fitting and proper for a daughter of Israel imbued with love of God and Torah to develop a career of singing and public performance for a mixed-gender audience. At the most, one should direct her to develop of a career performing for female audiences.