http://koltorah.org/ravj/The Parameters of Kol Isha.htm
The Parameters of Kol Isha
by Rabbi Howard Jachter
The Gemara (Berachot 24a) records the prohibition of Kol Isha. In this essay, we shall outline the parameters of this issue, as delineated by twentieth century Halachic authorities. We shall discuss the source of the prohibition and its applicability in our times. Then we shall discuss the questions of whether this prohibition applies to Zemirot, tape recordings, and radio broadcasts. We shall conclude with a brief discussion regarding husband-wife restrictions, and men hearing young girls sing.
The Source of the Prohibition
The Gemara (Berachot 24a) states, “The voice of a woman is Ervah, as the Pasuk [in Shir Hashirim 2:14] states ‘let me hear your voice because your voice is pleasant and appearance attractive.’” Rashi explains that the Pasuk in Shir Hashirim indicates that a woman’s voice is attractive to a man, and is thus prohibited to him. Rav Hai Gaon (cited in the Mordechai, Berachot 80) writes that this restriction applies to a man who is reading Kriat Shema, because a woman’s singing will distract him. The Rosh (Berachot 3:37) disagrees and writes that the Gemara refers to all situations and is not limited to Kriat Shema. The Shulchan Aruch rules that the Kol Isha restriction applies to both Kriat Shema (Orach Chaim 75:3) and other contexts (Even Haezer 21:2). The Rama (O.C. 75:3) and Bait Shmuel (21:4) clarify that this prohibition applies only to a woman’s singing voice and not to her speaking voice.
The Shulchan Aruch (E.H. 20:1) rules in accordance with the view of the Rambam (Hilchot Issurei Biah 21:1) that a couple is biblically forbidden to have physical contact if they are forbidden to live with each other. The Acharonim (summarized in Teshuvot Yabia Omer 1:6) debate whether the Kol Isha prohibition is also a biblical level prohibition. Rav Ovadia Yosef (ibid.) rules in accordance with the opinions that it is only a rabbinical prohibition.
Both Rav Ovadia Yosef (ibid) and Rav Yehuda Henkin (Teshuvot Bnei Banim 3:127) reject the claim that this prohibition does not apply today since men nowadays are accustomed to hear a woman’s voice. These authorities explain that since the Gemara and Shulchan Aruch codify this prohibition, we do not enjoy the right to abolish it. The Gemara and its commentaries do not even hint at a possibility that this prohibition might not apply if men become habituated to hearing a woman’s voice. Thus, all recognized Poskim agree that the prohibition of Kol Isha applies today.
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