Playing Music in a House Where a Family Member is in the Year of Mourning

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Question

Should a person whose wife is in the year of mourning for her mother refrain from playing songs in the house so that she does not hear them?

Answer

The mourner cannot compel the members of his household to turn off the music against their will, and if the music is left playing, it is sufficient not to intend to derive pleasure from it. He does not need to plug his ears.

Source

In the Talmud, Pesachim 25b, a dispute between Abaye and Rava is explained regarding deriving benefit against one's will, whether it is permitted or forbidden. And there in two versions, but the law follows Rabbi Shimon that something unintended is permitted, and therefore certainly if it is impossible and unintended, it is permitted. And even if it is possible and unintended to derive benefit, it is permitted if one can avoid deriving benefit. And then it is not considered a 'psik reisha', and thus ruled the Rema, Yoreh De'ah, siman 142, seif 15: "It is forbidden to listen to musical instruments of idol worship or to look at the beauty of idol worship, as one derives pleasure from seeing. And the Rema wrote that something unintended is permitted."
And the Shach wrote there, s"k 34: "And it is explained there in the Talmud and the decisors that even if it is possible to go to another place, it is permitted if unintended, and it is explained in Tosafot, the Rosh, and the Ri"v there that it refers to a situation where one can plug one's ears, close one's eyes, and block one's nostrils not to derive benefit from the sound, sight, and smell, and it is permitted if one does not intend to derive benefit, as it is not a 'psik reisha', otherwise it is forbidden. But when intended, it is explained there in the Talmud and the decisors that even if it is impossible to go to another place, it is forbidden. Therefore, one does not need to plug one's ears, and it is sufficient that one can plug one's ears and not hear, and this is no longer a 'psik reisha', and it is sufficient that one does not intend to derive benefit. And see Chochmat Adam, klal 84, seif 16, and Chafetz Chaim, klal 6, in the note in Be'er Mayim Chaim, s"k 14.
Therefore, she cannot compel him, as he is not subject to the law of mourning, and he does not cause her to sin, and therefore she does not need to plug her ears, and it is sufficient that she does not intend. And my teacher, Rabbi shlita, instructed me that this is not considered a 'psik reisha', as the prohibition is the enjoyment of the music, not the hearing, and this is not a 'psik reisha'.

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