Music for Young Children During Sefiras HaOmer
Question
I am a kindergarten teacher, and I would like to know if I’m allowed to put on music while the children are in the kindergarten. Generally, that’s what I do; I have music playing in the morning while they play. Is it permitted during Sefiras HaOmer?
Answer
The Answer:
Children from 6 years old and up:
The age of chinuch is six years old; therefore, if the children are six years old and up, they may not listen to music.
Under the age of six:
However, for children who are under the age of six, it is permitted to turn on the music for them even during Sefiras HaOmer.
The same applies at home. If someone needs to play music for their children (under the age of six), for example, to calm them down or to keep them occupied, it is permitted.
Now, it is important to note that even if at the same time the parents or the kindergarten teacher also hear the music, it is not forbidden for them, since the music is not being played for their own enjoyment, but rather for the children.
(There are sometimes exceptions to this case. In a situation where there is a specific need for music, even if the children have reached the age of chinuch, in some cases it may be permitted. However, it would need to be analyzed according to halacha, and therefore if someone has such a question, they should write in and ask about their specific case.)
The Answer Explained in Depth:
If the children have reached the age of chinuch, then it is forbidden for them to hear music, because part of the mitzvah of chinuch is that they should learn about the aveilus of Sefiras HaOmer.
One might ask: we do not find a concept of chinuch when it comes to aveilus. For example, if a child under the age of bar mitzvah loses a relative (lo aleinu), there is no din of sitting shiva for the child, so why is halacha of Sefiras HaOmer different?
HaGaon HaRav Amrom Fried shlit”a explains:
This is similar to what we find regarding the Three Weeks. The Magen Avraham (Siman תקנ"א, ס"ק ל"ח) writes that a aveilus shel rabim, a communal mourning of all of Klal Yisrael, is different. In such a case, there is an obligation for the parents to be mechanech their children.
Accordingly, we can say that Sefiras HaOmer is also considered aveilus shel rabim, and therefore parents do have a mitsvah of chunuch.
Now, regarding children who have not yet reached the age of chinuch, as we said, it is permitted for them to listen to music.
However, one could ask:
There is a concept called “sefiyah,” meaning that even if a child is not obligated, we are not allowed to actively give them something prohibited. So how can we turn on music for them, since it is something prohibited?
The explanation is based on the Rashba in Yevamos Page 114b, who writes that when it is a rabbinical prohibition, and it is being done solely for the need of the child, then the prohibition of sefiyah does not apply.
This is also brought in the Mishnah Berurah (Siman שמ"ג) in the Biur Halacha.
Although the Rashba (Vol 1, Siman 92) writes that this view should not be relied upon in practice, we nevertheless find that Rabbi Akiva Eiger (Vol. 1, Siman 15) does bring this Rashba halacha l’maaseh – in practice.
HaGaon HaRav Amrom Fried shlit”a writes that regarding Sefiras HaOmer, there is more room for leniency to rely on the opinion of the Rashba, since it is not an issur derabbanan, but rather it is considered a minhag, as brought in Teshuvos HaGeonim (Shaarei Teshuvah, Siman 278, in the name of Rav Hai Gaon).
We also see this from the Tur regarding refraining from marriage during Sefirat Haomer, where he writes “nohagim shelo liso,” indicating that it is a minhag.
Based on this, one is permitted to turn on the music for children (under the age of six), and there is no issue of sefiyah.
Wishing you much success.
Source
- Rashba, Yevamos קיד:
- Rashba, Vol 1, Siman 92
- Mishnah Berurah, Siman שמ"ג (Biur Halacha)
- Rabbi Akiva Eiger, Vol 1, Siman 15
- Magen Avraham, Siman תקנ"א, ס"ק ל"ח
- Teshuvos HaGeonim, Shaarei Teshuvah, Siman 278
- HaGaon HaRav Amrom Fried shlit”a - Azamroh Lishmecho issue #283
