Page "Tzniut" Paragraph 20

In a similarly novel ruling Rabbi Avraham Shammah comes to the same conclusion as Rabbi Bigman.

He argues that ideologically, the laws of tzniut are defined by time and place, according to what people are accustomed to, and what gives them sexual pleasure.

He quotes the Maharam Alkashar ( a 15th century rabbinic exile from Spain ), who saysResponse: Indeed, there is no concern about that hair is outside of the braid, because it is customary to reveal it ... and that is said ‘ a woman ’ s hair is a sexual enticement ’ is only referring to hair that it is usual to be covered, but a person is accustomed to that which is usually uncovered therefore is not aroused and it is permitted ...

Likewise, the Ra ' avya wrote that all those that we mentioned for about sexual enticement are specifically for things that are not customarily exposed ... all is according to the customs and the locations.

Rabbi Shammah cites many sources, such as Maharshal and Rabbi Ovadia Yosef, who permit various violations of their theretofore normative laws of tzniut, on the basis that the behavior in question is not sexually enticing in that time and place.

In regards to kol isha specifically, he notes that R. Yaakov Weinberg cites Maimonides Hilkhot Isurei Bi ’ a ( Laws of Forbidden Sexual Relations ) 21: 2, in which Maimonides states that " one who looks even at a woman ’ s little finger with the intent to derive pleasure is as if he looked at her privates and even to hear the voice of a forbidden woman or to see her hair is forbidden.

" R. Weinberg points out that the meaning of Maimonides ’ words is that the prohibition to hear a woman ’ s voice is only if there is intent to thereby derive erotic pleasure.

Rabbi Weinberg relies also on the Sdei Chemed, quoting the Divrei Cheifetz, that Shabbat hymns and funeral dirges, when sung by women, are not kol isha, as men do not derive sexual pleasure from them.

Rabbi Shammah simply takes this logic further, and concludes that if a man judges himself sincerely and honestly, that in a particular case, he will not be enticed by a woman's voice, he may listen to her sing, even ordinary songs in concerts, and the like, depending on the case.

He closes saying thatFrom my childhood up under Syrian Jewish-Orthodox immigrants to Israel until my adulthood I do not remember closing my ears, nor was I instructed to do so, and I heard the best music, both from the Orient and the West, even when performed by female singers, and even at live performances.

Apparently, the principle is based on the fact that there is no intent here for some forbidden pleasure.

have testified to me that there were Torah-observant Jews at the performances of the famous Egyptian singer, Umm Kulthum by some to be Egypt ’ s most famous and distinguished twentieth-century singer, and even more than that, they listened to her songs and learned them well, even though some of the songs had inappropriate words.

Prayer leaders ( among them scholars ) used her tunes the prayer services, until this day, with the approval of halakhic authorities, who knew quite well the source these tunes.