Song with Musical Instruments
27. Another takana of Chazal is not to play tunes with instruments, any types of songs, or anything that produces sounds of song for rejoicing. This applies all year and is because of the Churban (שו''ע או''ח סי' תק''ס ס''ג). However, there are several points of machlokes among the poskim: is it specifically with wine, specifically for someone who is accustomed to it, etc.? Nevertheless, all of Klal Yisroel sings praises or songs of gratitude and songs recalling Hashem’s kindnesses over wine (שו''ע שם).
28. Mitzva purpose. One may play music with instruments for a mitzva purpose. For example, everything is mutar in the house of a chosson and kallah (רמ''א שם). In fact, it is a mitzva to gladden a chosson and kallah specifically with musical instruments, which are the main means of bringing simcha (טור או''ח סי' של''ח ס''ב, מהרי''ל מנהגים הל' עירובי חצרות אות ז', הובא במג''א סי' של''ח סק''ד).
Takana of the Imrei Bina—Minhag Yerushalayim
29. About 160 years ago, the author of the sefer Imrei Bina made a takana, together with his beis din and the Ashkenazi rabbanim of Yerushalayim in general, that musical instruments [besides drums, which are not considered musical instruments] should not be played at weddings held in Yerushalayim. Since then, the rabbanim of Yerushalayim reinforced and continued the takana as an accepted minhag of Yerushalayim to this day (מהרי''ל דיסקין, הגרי''ח זוננפלד בשו''ת שלמת חיים סי' תתפ''ט - תת''צ, בית חתנים פי''ז ס''ו, מנחת יצחק, מו''ר בעל שערי טוביה).
30. To remember the Churban. Many cite a tradition that this takana was made due to a severe cholera epidemic that devastated the city, claiming many lives, including distinguished people. The rabbanim of Yerushalayim performed a she’eilas chalom and received a response from Shomayim that Middas Hadin was activated because they were displaying excessive joy in Yerushalayim with musical instruments while the Beis Hamikdash lies in ruins. Living in the holy city of Yerushalayim has the status of being in the presence of a deceased relative’s body, so its residents should act with deeper aveilus than in other places (ס' השרף מבריסק עמ' 366, בית חתנים פ''ז פכ''ד, הגריש''א, ס' ישא יוסף).
31. Tznius. Others suggest the reason for the takana was for the boundaries of tznius. At that time, musical instruments were not very common in Yerushalayim, so when they were present, men and women would gather together to see and hear them up close, leading to mingling and issurim. Thus, they established a restriction against using musical instruments at weddings in all circumstances (קובץ בית אהרן וישראל קובץ ס''ה).
32. Making a wedding outside Yerushalayim. Because of this takana, many people from Yerushalayim specifically make weddings outside Yerushalayim. Since the main way to bring simcha to a chosson and kallah is specifically with musical instruments (above, 28), they try to create the ideal simcha for a chosson and kallah while also guarding the accepted minhag of Yerushalayim.
33. Stringency of the takana. Since the takana was established due to adverse events that happened back then, the gedolim and residents of Yerushalayim accepted the takana with full stringency, and the rabbanim of Yerushalayim always reinforced the takana. [In Cheshvan 5783/2022, the rabbanim of the Belz community of Yerushalayim restored the minhag in their community to its former status and established takanos to reinforce the old minhag Yerushalayim not to play musical instruments at weddings.]
Who Does the Takana Apply To?
34. Eidot Hamizrach. The takana was instituted by the Ashkenazi rabbanim; the rabbanim of Eidot Hamizrach were not involved in the takana. Hence, Sefardim did not accept this takana upon themselves, and the rabbanim of Eidot Hamizrach permit their communities to play musical instruments in Yerushalayim (שו''ת אור לציון ח''ג פ''ל שאלה ג' ובהערה, הגרשז''א והגריש''א ס' פנינת המקדש פ''ו הע' י''ח). At a mixed wedding, i.e., where one side is Sefardi and the other is Ashkenazi, the minhag is determined based on the chosson (הגרשז''א אויערבאך).
35. Bnei chutz l’Aretz. Most poskim hold that Ashkenazi chassanim and kallos from chutz l’Aretz who make weddings in Yerushalayim are also required to guard the takana and minhag of Yerushalayim not to play musical instruments at a wedding. This is based on the rule that “We give them the chumros of the place they go to” (עדה רבני החרדית, הליכות אבן ישראל עמ' ש''צ ס''ט, הגרי''ש אלישיב).
36. However, some poskim are meikel for bnei chutz l’Aretz who come to make weddings in Yerushalayim as guests. This is because the takana was only for the residents of the Old Yishuv who lived there permanently, not for guests who came temporarily (הגרח''פ שיינברג, ס' אבלות החורבן עמ' ע''ט הע' י''ז). However, bnei chutz l’Aretz who come and set their fixed residence in Yerushalayim are obviously subject to the accepted minhag of Yerushalayim; they have the status of residents of the city for all purposes.
At Which Types of Simchos?
37. Wedding. The takana not to play musical instruments at a wedding applies to all parts of the wedding, i.e., the kabbolas panim, the chuppah, the wedding as a whole, and the dancing.
38. Mitzva tantz. The mitzva tantz is part of the same event as the wedding, so the takana technically applies to the mitzva tantz as well, as it is a continuation of the wedding simcha.
39. However, some are meikel in a case where most of the guests have already left and only close family remains to dance the mitva tantz. That is a separate event no longer considered part of the actual wedding, especially when there is a delay in time between them, and especially when it is after the nighttime chatzos. Thus, they allow bringing in a keyboard to accompany the badchan.
40. Sheva brachos. Some poskim hold musical instruments are also assur at the sheva brachos simcha the following week in Yerushalayim based on the takana, as the takana was not to play instruments at all for a chosson and kallah (הגרי''ש אלישיב, מו''ר בעל דעת טוביה לשאלת הגר''מ סאלאווייציק). However, many allow it because the simcha of the week after the wedding is not the same as the simcha of the wedding (הליכות אבן ישראל עמ' ש''צ הע' י''ג). One who is meikel has a basis to rely on (מרן פוסק הדור בעל תשובות והנהגות ח''ו סי' רס''ז אות י''ג).
Modern-Day Yerushalayim
41. All poskim agree the takana of minhag Yerushalayim also applies to modern-day Yerushalayim, i.e., the neighborhoods outside the walls of the Old City, as it is all considered one city (הגרי''ש אלישיב, קו' פניני שבע ברכות עמ' מ''ז, בעל אבן ישראל שם ועוד).
42. Distant areas. However, areas and neighborhoods distant from the neighborhoods or Yerushalayim which are considered outside the techum, e.g., Moshav Ora and Maale Adumim, are considered outside the city and are not included in the minhagim of Yerushalayim. However, the closer areas, e.g., the neighborhoods of Ramot, Neve Yaakov, and the like, which are part of the eiruv, are subject to minhag Yerushalayim.
One Instrument
43. Just one instrument. Some want to define the primary takana as specifically an issur to have many instruments, whereas using a single instrument is mutar l’chatchila. According to this understanding, there is no difference between different types of instruments. The same way people are meikel with drums, people may also use another instrument, e.g., a clarinet, a harp, or a trumpet, as long as it is a lone instrument (הליכות אבן ישראל עמ' שפ''ט, מרן פוסק הדור תשוה''נ ח''ו סי' רס''ז אות י''ג).
44. Keyboard. Based on this rationale, some want to expand the heter to electric instruments, e.g., a keyboard, claiming it has the appearance of a single instrument. However, it is clear and obvious that the application is dissimilar to the source. A keyboard mimics and produces a wide range of simultaneous sounds and harmonies to the point that the ear cannot distinguish between authentic instruments and the tones produced by a keyboard. Thus, it obviously cannot be classified as a single instrument (הליכות אבן ישראל, הגרשז''א שלמי שלמה עמ' של''א).
45. Just drums. Most poskim disagree. The standard of the takana and minhag is that only drums are permitted. The reason for this is that a drum is not considered a tonal or melodic musical instrument; it is just a rhythm instrument that only produces striking sounds (הגריש''א, קו' פניני שבע ברכות עמ' מ''ז).
46. According to this understanding, there is no issur in using many drums, and multiple types of drums may be used simultaneously (מתורתו של רבי פנחס עמ' ת''כ), even with two drummers. Ethnic percussion instruments and the like are also mutar. On the other hand, other melody-producing instruments are completely assur, even if there is just one.
