Sources Regarding Kol Isha
by Gil Student
There are two main talmudic passages that deal with kol isha.1. Berachos 24a
Rav Yitzchak said: A tefach of a woman is nakedness ('ervah).
For what? If you say for looking at it, Rav Sheshes said: Why did the Torah count outer ornaments with inner ornaments? To tell you that anyone who looks at the small finger of a woman is as if he looked at the obscene place. Rather, [Rav Yitzchak is talking about] one's wife an kerias shema.
Rav Chisda said: The thigh of a woman is nakedness as it says (Isaiah 47:2) "expose a thigh to cross a river" and it says (ibid. 3) "your nakedness will be exposed and your embarrassment will be seen."
Shmuel said: The voice of a woman is nakedness as it says (Song of Songs 2:14) "for your voice is sweet and your countenance comely."
Rav Sheshes said: The hair of a woman is nakedness as it says (ibid. 4:1) "you hair is like a flock of goats."
2. Kiddushin 70a
[Rav Nachman said to Rav Yehudah]: Would you like to send regards to Yalta [Rav Nachman's wife]?
He [Rav Yehudah] said: Shmuel said: The voice of a woman is nakedness.
3. It is important to note that the Rif omits this halachah of Shmuel altogether.
Some rishonim understand the Gemara in Berachos as referring to kerias shema; one cannot recite kerias shema while hearing a woman sing. Presumably, this Gemara does not teach anything about whether a man is allowed to listen to a woman sing.
4. Rav Hai Gaon (Otzar HaGeonim, Berachos, Peirushim 102)
"One may also not recite [kerias shema] while a woman is singing because a woman's voice is nakedness... However, if one can focus on one's prayers while she is singing in a manner that one does not hear her and does not pay attention to her, it is permissible [to recite kerias shema]."
5. Rav Yehudai Gaon (quoted in Yereim 392)
Similar to Rav Hai Gaon
6. Halachos Gedolos (1:3)
Brings Shmuel's law under the laws of kerias shema.
7. Sefer HaEshkol (vol. 1 p.15)
Brings Shmuel's law under the laws of kerias shema.
8. Ritva (Berachos 24a)
"The voice of a woman is nakedness - explanation, for kerias shema."
9. R. Avraham Alshevili (Ritva's father in Ginzei Rishonim, Berachos p. 344)
"The voice of a woman is nakedness - specifically for kerias shema."
10. Rabbeinu Yonah (commentary to Rif, Berachos 17a)
Quotes and follows Rav Hai Gaon.
11. Shitah Mekubetzes (Berachos 24a)
"The voice of a woman is nakedness - explanation, for kerias shema."
Other rishonim take into account the passage in Kiddushin and assert that Shmuel's saying was not about reciting kerias shema but was a general statement about what a man may not hear, similar to the statements of Rav Chisda and Rav Sheshes about what a man may not see.
12. Piskei HaRid (Berachos ch. 3)
"Shmuel said: The voice of a woman is nakedness as it says (Song of Songs 2:14) 'for your voice is sweet.' Explanation - that one should not listen to the voice of women."
13. Tosafos Ri HaChasid (Berachos 24a)
"The voice of a woman is nakedness - This was not said regarding kerias shema."
14. Tosafos HaRosh (Berachos 24a)
"The voice of a woman is nakedness - This was not said regarding kerias shema rather it is forbidden to hear the voice of women."
The Ra'avad has a famous explanation of the Gemara in Kiddushin that puts it into perspective. According to the Ra'avad, it is forbidden to hear a woman's singing voice or even her speaking voice if there is a close connection between the two. Shmuel's law does not pertain to kerias shema but to the general laws of looking and listening to women.
15. Hashlamah (Berachos ch. 3 in the name of the Ra'avad)
"...but with another woman [i.e. other than one's wife] it is certainly forbidden to look at her in any place even her little finger and her hair. And it is forbidden to hear her speaking voice as it is said in Kiddushin: Would you like to send regards to Yalta? He said: Rav Huna said: The voice of a woman is nakedness and because of the regards it was said. Rather everything should be for the sake of heaven."
16. Rashba (Berachos 24a)
Same as Hashlamah with the addition: "Rather it seems that only the voice of sending regards [she'eilas shalom] or returning regards [hashavas shalom] like in that case where there is a close relationship [kiruv hada'as]."
17. Rosh (Berachos 3:37)
"Shmuel said: The voice of a woman is nakedness as it says (Song of Songs 2:14) 'for your voice is sweet.' Explanation - to hear, and not regarding kerias shema."
18. The Tur follows his father (the Rosh) and in Orach Chaim 75 (the laws of kerias shema) does not quote the Gemara that voice is nakedness but quotes it in Even HaEzer 21 (the laws of what a man is allowed to look at).
19. Similarly, the Rambam omits this law in Hilchos Kerias Shema and only quotes it in Hilchos Issurei Biah (21:2).
20. The Shulchan Aruch follows his general pattern of deciding based on the majority of the Rif, Rambam, and Rosh and rules in Even HaEzer (21:3) that it is forbidden to hear the singing voice of a woman. In Orach Chaim (75:3) the Shulchan Aruch rules that "one should be careful" not to hear the voice of a woman during kerias shema. The implication being that the law is that one can but it is preferable to follow the other opinions as well and not to.
21. Responsa of Maharam Alshaker (32)
He posits that Rashi agrees with Rav Hai Gaon and explains the positions of Rav Hai Gaon, the Rif, the Rambam, and the Ra'avad as we did above.
According to all of the sources above that Shmuel's dictum is said regarding kerias shema, the passage in Kiddushin is very difficult. What relevance does it have to a man speaking to a woman in a personal conversation?
Perhaps we can explain that Shmuel was discussing the laws of kerias shema and stated that a woman's voice is nakedness which, while said specifically regarding kerias shema, is also true in other areas. Therefore, even though Shmuel was only talking about reciting kerias shema while women sing, his law can be correctly extrapolated to other areas. This is suggested in the Sefer HaMakneh to Kiddushin 70a. In fact, the Meiri (Berachos 24a) implies this by quoting Rav Hai Gaon's position that Shmuel's law applies to kerias shema and then stating that it applies in general.
What we have seen so far is that there is a dispute regarding Shmuel's law. Some, such as Rosh, Rambam, and Tur, say that it does not apply to kerias shema (i.e. one can recite kerias shema while a woman sings) but does generally imply that a man is forbidden to hear a woman sing. Others, such as Rav Hai Gaon and Rav Yehudai Gaon say that it applies even to kerias shema (i.e. one can recite kerias shema while a woman sings) and probably also in general (otherwise they cannot explain the passage in Kiddushin).
It is important to note that Rav Hai Gaon specifically says that if one can ignore the woman's voice then it is permissible to recite kerias shema while she is singing. This is repeated by others (such as Rav Yehudai Gaon) regarding reciting kerias shema in front of certain uncovered parts of a woman's hair that is generally (incorrectly) not covered. Since one is used to seeing that hair, one can recite kerias shema while seeing it. They do not, however, discuss the general prohibition of listening to a woman sing (or seeing her hair). They only discuss the case of reciting kerias shema when one is listening (or seeing), not whether listening (or seeing) is permissible.
22. Sedei Chemed (vol. 4 p. 485)
The Sedei Chemed quotes a book Divrei Cheifetz who says that only listening to women singing erotic songs is forbidden. The Sedei Chemed comments "even though it is proper to be strict against the above [lenient] view of the Divrei Cheifetz, his view is still not in the category of puzzling statements, chalilah."
Ó Gil Student 2002