Rabbi Forsythe on Dangers of Loud Amplification at Simchas

There is a widening trend in contemporary frum society that is capable of being extremely damaging, in both worldly and spiritual terms. The harm can be severe, permanent, unrepairable and "life-impacting." PEOPLE GENERALLY DO NOT REALIZE THE DANGER TILL IT IS TOO LATE. As such, I am writing an eight part series to address the situation in cultural, physical/medical, halachic and moral terms; to make the public at-large aware; and to propose remedies.

As part of my research for these writings, I interviewed four otolaryngologists [Ear, Nose and Throat physicians], including one who is the head of the ear department at a Manhattan hospital, one who specializes only in ears, a frum doctor who knows how to learn Torah (and can apply the medical elements of this matter to Jewish society, culture and practice) and one who trains ear doctors and who himself is listed as being among the top physicians in the New York Metropolitan Area; a professor of audiology; four audiologists; a psychiatrist and psychologist who each specialize in the negative impact of ear-damage on personality, ability to function and quality of life; and eight rabonim; whose contributions to this work have been invaluable.

I must make special mention of Dr. Maurice H. Miller, audiology professor at New York University who also, for the New York City Department of Health, is both the Chief Audiologic consultant and the Chair of the Communicative Advisory Committee. Dr. Miller supplied me with copies of a dozen and a half professional journal articles and text-book chapters, furnishing much of the scientific and medical material brought in the section, "Taking Strong Steps Against Causing Damage." He also gave me numerous comments to make the manuscript more accurate, professional and substantive. I must also express special thanks to HoRav Dovid Feinstein, Shlita, Rosh Yeshiva of Tiferress Yerushalayim in New York City, and one of the leading halacha authorities of our generation, who, on a busy erev shabos, gave me guidance and da'as Torah on this subject. Both of these men gave of their time and expertise with kindness, patience and generosity. To both I owe special expressions of gratitude and recognition. I further owe appreciation to many members of the public who, in response to previously published articles on this subject, have sent supportive, kind and helpful communications about this subject.

I hear more and more people telling me that they can't understand - or take - the louder and louder so-called music at chasunas [weddings] or other simchas. This could include concerts, amplified speech at organizational dinners, public lectures or other functions as well. Amplification as loud as it has become in the frum community's events is DANGEROUS to the nerves and sensitive, delicate and fragile structures in people's ears. This can cause many seriously harmful effects, often with long-lasting or permanent and non-curable inner ear damage, including but not limited to, hearing loss, loud and constant ringing in the ears ("tinnitus," which comes from damaging sound-sensing hairs or nerve endings in the inner ear), dizziness (which comes from within the ear), pain felt constantly or upon hearing sounds. Add to this the CUMULATIVE EFFECTS of repeated attendance at simchas where dangerously loud music is played, pounding ears for several hours EACH TIME. By attending noisy affair after noisy affair, a person's delicate internal ear structures can be weakened. Even if noticeable damage is not yet done, damage may be coming gradually, or susceptibility to being seriously damaged increases EVERY TIME. If damage has been done, conditions can be made much worse EVERY TIME.

It is incomprehensible that the Torah community could sanction or tolerate this widespread destructively loud amplification. It can be so loud that if someone yells in your ear, you can hardly hear him. Tractate Bava Kama tells us that every Jew must be responsible for guarding against causing any damage, a person is always accountable if (s)he causes any damage ["odom muad le'olam"] and if a person wants to be religious (s)he must be expert in matters of not causing harm. Causing pain or deafness can be grounds for a case in bais din against the "mazik [causer of damage]."

A frum ear doctor I interviewed said to me he regularly has patients come in who have ringing in the ears, inner ear pain or hearing loss DUE TO HAVING BEEN TO A CHASUNA WHERE THE MUSIC WAS HORRIBLY LOUD. The doctor said that when he goes to a wedding, he wears ear plugs, only goes "once around" [the dancing circle] and then leaves. The music volume should be low enough to clearly hear another speak in a normal voice about ten feet [three meters] away. Otherwise, medically speaking, everyone should wear ear plugs, should stay for no more than one quick dance and should then rapidly get out of there. If you can, tell a host in a nice and non-insulting way, in advance (when you receive the invitation), that loud amplification is harmful and you can only come to his simcha if he is committed to limiting the amplification to a soft, non-dangerous level. It is not worth even a risk of a lifetime of inner ear damage, going from doctor to doctor, desperately spending thousands on medicines, suffering added impact from their side-effects, being required to wear ear plugs full time or under noisier circumstances, having elaborate uncomfortable treatments (e.g. M.R.I., audiology tests, blood tests, E.N.G. [electronic middle-ear balance testing], Auditory Brain Stem Response test, etc.) that generally don't help much or at all, and living a life of long-term or permanent suffering and heartache.

The Torah says, "Vi'nishmartem mi'od li'nafshosaychem [you will exceedingly guard your well-being," Deuteronomy 4:15]. It is the ONLY MITZVA IN THE TORAH which says to DO THE MITZVA "MI'OD," to do it exceedingly or very much. It doesn't say to keep the laws of shabos or kashruss or idolatry, or any other fundamental law of Torah, "mi'od." The Torah is extra strict that we be very careful to diligently guard all aspects of spiritual and physical health. Even for a doubtful risk of ONLY MAYBE HARMING EVEN ONE PERSON at a simcha, we must apply the halachic principle, "suffaik de'Oraisa lechumra [for a doubt in a matter from the Torah, we are to be stringent]." Since serious damage to people is becoming more and more widespread, and the magnitude and durability of the harm keeps getting worse, as volume at simchas gets louder and louder, this applies all the moreso.

There is an old joke about simchas, "If you want to insult someone, place him at the table next to the band." The updated version is, "If you want to DAMAGE someone, just plain invite him to a simcha." He can be anywhere in the hall. Nowadays, with room-filling, head-jolting amplification, it is no joke.

The one-man-bands and band leaders have a vested selfish interest in amplifying the music so much. Sometimes their ego or foolish "sense of art" is at stake. Some one-man-bands think they compensate with volume for not having a ten-man band. But, primarily the motive for noise is money. The young people are "poisoned" with the idea that "loud is laibedig [lively]." Youthful ears are more tolerant of the trauma of very loud noise volume. Young people will be making their own weddings and if they consider a musician or band "laibedig," the young attendees are more likely to remember and hire the loud-playing "noise source" [many are not even worthy of being called musicians]. Here, young people are controlling a sociological trend. Youth determining Jewish practice or culture is anti-Torah. It reminds me of the expression, "the inmates are running the asylum." But, let me present Torah sources to make the point.

Rabbi Yaakov Kaminetzky, z'l, said that the older a generation is, the more we honor them. The highest point in Jewish history was the stand at Mount Sinai to receive the Torah. The older a generation is, the closer to Sinai they are, and the more deserving they are of kavod [kavod]. Our "culture" should only be determined by the oldest, not the youngest, those who are most mature and learned in Torah to an advanced level.

One who learns from the young is comparable to one who eats unripe grapes and drinks wine right from the press [these are sour, impure, undeveloped and hurt your insides]. One who learns from the mature is comparable to one who eats completely grown grapes and drinks old wine [these are developed, sweet, pure and beneficial; Pirkei Avos, chapter four, with meforshim].

The gemora [Megila 31:b] tells us "If mature people say to you, 'Destroy,' and youth say to you, 'Build,' destroy and do NOT build, because destroying by the mature is building." Young people will be certain that destructive behaviors are valid. But when immature people think they are building, they can be totally destructive. It is only by accepting, internalizing and acting according to the constructive wisdom and experience of mature and learned people that they will behave properly...and truly be able to build. Jewish practice is only determined in accordance with mesorah [Torah tradition]. Any new questions about what the Torah wants us to do, in each generation, can be determined only by our mature and learned Torah sages [Deuteronomy 17:8-11]. True building is not directed by the young who demand insane and destructively loud amplification. Let the mature people say, "Destroy loud music." This will be true building.

I strongly recommend that readers print these eight articles out, save them, utilize them and apply the information, and inform other people about this subject matter [note: the material is written and Copyright 2001 by Rabbi Jeff Forsythe]. When you receive any invitation, send copies of this series to the hosts, musicians, bands, caterers and fellow-guests to warn them about the serious dangers of loud amplification. Send copies to roshay yeshiva, mashgichim and other educators so that they train the youth to know that loudness is damaging and that we are not allowed to harm each other.

THE SERIOUS DESTRUCTIVENESS OF LOUD AMPLIFICATION AT SIMCHAS,
PART TWO: BASIC HALACHIC CONSIDERATIONS

The amplification of music at weddings and other simchas is getting louder and louder. It is becoming a widespread "culture." The loudness can be dangerous. It can damage structures and nerves in ears and cause suffering and hearing loss which is usually irreversible and incurable.

In halacha [practical Torah law], we see that harming makes one liable for damages, whether 1) through actively doing things that can cause damage, or 2) by neglecting to guard against things that can cause damage when not safeguarded. It is a Torah obligation to guard against anything that could possibly cause any kind of harm to another person or his/her property. One found guilty by bais din for damage can be liable for up to five kinds of compensation of the victim (damage, pain, medical care, time off from work and/or humiliation).

The halacha specifies means of injuring which make one liable. If a means is used that is different from the one in the Shulchan Aruch [e.g. electric amplification of sound] which effectively causes the same kind of damage as the means specified in halacha [e.g. resultant hearing loss or ear pain], even actions not specified by the Shulchan Aruch can bring liability, BECAUSE OF THE DAMAGES CAUSED. This article is not poskining shaalos [making decisions in practical Torah law questions]. Bring questions of your particular case to a trained, qualified and experienced rov or dayan.

Let us look at some of the basic relevant halachos, in Choshen Mishpot, the portion of the Shulchan Aruch [Code of Law] which has to do with damages, interpersonal obligations and bais din. Note that the halacha treats harming one's hearing somewhat like it does physically hitting and wounding him.

The Torah strictly prohibits hitting anyone. For certain crimes, the Torah requires and authorizes bais din to punish a proven criminal with lashes. There are rules which restrict how much bais din is to hit the guilty person for his crime. If the Torah is strict about bais din hitting a proven criminal, how much moreso is the Torah strict about plain people, who have no permission, hitting someone innocent! If one even raises a hand in anger without hitting, this person is called "evil." Even if the hit does not cause damage of consequence, the perpetrator is liable to lashes by bais din. One who hits is in "chairem [excommunication]" and cannot be included in a minyan [Choshen Mishpot 420:1]. If one wounds another, even in a manner other than hitting, such that a permanent loss, large or small, results to the victim's body, the perpetrator is obligated for damages [420:13]. If one shouts in a person's ear and makes him deaf, the perpetrator is exempt from the human bais din but is guilty in Heaven's bais din. If, instead of shouting, the perpetrator grabbed him by the ear or blasted an instrument into his ear or hit him in the ear and made him deaf, the perpetrator is obligated by bais din for all damages, which financially increase according to the victim's profession, because the higher his level of skill, the more the deafness makes him lose [420:25]. Ordinarily, if one person causes loss of a limb to another person, bais din evaluates reimbursement for the value of the limb. Ordinarily, if the victim loses time from work, he is reimbursed at the lowest level of wage in that society. However, when one makes another person deaf, bais din evaluates the value OF THE ENTIRE PERSON (not just loss of his ear) and his earnings loss is calculated at the victim's FULL EARNING LEVEL [Bava Kama 85b] because his ability to work is more completely damaged by deafness than by any other injury [Rashi].

For anything that can cause harm, pain or danger; it is obligatory to make excellent protections, to effectively safeguard and to be cautious. This fulfills the positive [to do] mitzva to protect against causing another harm, and the negative [to not do] mitzva to not spill blood [420:8].

If one's work does not contribute to the welfare of society, if a person will sin to earn his livelihood, if a person does not have derech eretz or if a person does not behave in correct ways, he can not be a valid witness (how much moreso if the person causes harm on a regular basis!). If a person is ignorant of Torah, he is presumed to behave in wrong ways and he cannot be a witness until he is proven to be trustworthy [34:16-17, Sanhedrin 24b]. Musicians who amplify music to a detrimental extent could be presumed to be ignorant and untrustworthy, presumed liable to behaving in ways the Torah considers to be wrong and could be invalid to testify in bais din. If they are ever taken to bais din for causing harm, they might not be eligible to testify in their own defense.

If one sees a Jew in danger and can save him, or can have others do something to save him, or knows of someone planning to do something harmful and he can convince him [the one who plans to cause harm] to refrain, he is obligated to do all he can [426:1]. If he does not act, he violates the Torah commandment, "Do not stand idly by the blood of your neighbor" [Leviticus 19:16]. If one witnesses, or knows of, something which can harm a Jew, he must act, or at least protest, to do all he can to save the Jew from harm. All who violate any matters pertaining to harming, endangering, injuring or refraining from protecting or rescuing a Jew; and says, "I have my own problems and misfortunes, what do I care about others in regard to this?" or tries to excuse himself by saying "I am not strict regarding this, for things done against myself," bais din is obliged to give this selfish, indifferent person lashes. The one who is cautious in all of these things will receive wonderful blessings from Heaven [427:10]."

Young people say that they want loud music. Jewish practice follows the mature, not the young. There is an additional halachic objection since the young people want the loud music. Since the music is played at dangerously loud levels, with the willing endorsement and active advocacy of the young, their requesting such loud music is characterized by Choshen Mishpot 421:12. The Shulchan Aruch says there that if person A tells person B, "Injure me, destroy an organ, cut off my limb, and I absolve you from all accountability," the halacha is that PERSON B IS FULLY ACCOUNTABLE for any damaging. B has absolutely NO PERMISSION to harm A, even if A begged B to do it! This is because no person with a normal mind would want to be harmed. The halacha is saying that to want something damaging done to oneself means the person is OUT OF HIS/HER MIND. Going to loud and/or visceral music is harmful to body and soul, the musicians are mazikim [damagers] and attendees who stay, or who want loudness, are viewed by halacha to be out of their minds. Both young members of the audience and the performers machshol [cause sin in] one another; with the musicians' greed, ego and advantage-taking probably bearing the most fault. Everyone present who stays is vulnerable to danger. One of our generation's greatest Roshay Yeshiva sums this up by saying that one who causes harm to himself is mentally ill, one who causes harm to others is evil.

Even if any given case does not have a technical requirement for taking musicians to bais din, the fact that halacha addresses these things shows the seriousness, reality and evil of the situation. The musician is still guilty of "grama" [causing harm in a way that might not be prosecuted by human court, but is prosecuted by Heavenly court]. A sin that is liable to prosecution by Heaven can be punished very severely. Whether being injured merits a bais din case or not, the whole insane business is just not worth it. One of the four ear doctors I interviewed for this series said that inner ear structures are very delicate, sensitive and easily damaged. Another doctor said that IT DOES NOT TAKE MUCH EAR DAMAGE TO CAUSE VERY HARMFUL, PERMANENT CONSEQUENCES.

We glorify noise, which is ultimately empty and destructive; while we erase halacha, which is real, of enduring value and fundamental to Jewish life. We make extreme loudness into something fancy and put it on a pedestal; while we sweep away "seder nezikin" [the section of the Talmud about damages] and Choshen Mishpot [the section of the Shulchan Aruch about damages, bais din and interpersonal laws]. It is like what the gemora [Bava Basra 10b] calls an "upside down world." King Solomon tells us in various parts of Proverbs that charm is false, beauty is futile and arrogance comes before a downfall.

The gemora [Shabos 31a] says that salvation from trouble is directly related to the subject of preventing damages. Harmful interpersonal failing is what caused our lengthy exile [Yoma 9b]. A generation guilty of widespread damage keeps us in galus [exile] and blocks the coming of ge'ula and Moshiach [redemption and Messiah]. Let us be humble and G-d fearing and do what the Torah calls, "Yoshor vitov [correct and good] in the eyes of Hashem [Deuteronomy 6:18]." As the Chazone Ish said, "The first step to being considered a Torah Jew is FULFILLING ALL OF HALACHA." We shall look at more specific halachic matters in parts four and seven. Naturally, when you have a practical halacha question, TAKE IT AS A SHAALOH [Torah question] TO A QUALIFIED, KNOWLEDGEABLE ROV WHO HAS YIRAS SHOMAYIM [FEAR OF HEAVEN].

THE SERIOUS DESTRUCTIVENESS OF LOUD AMPLIFICATION AT SIMCHAS,
PART THREE: HEARING AND THE EAR

Jewish society seems to have put a premium on becoming a noisy society. For example, Boro Park is one of the largest and most vibrant communities in the "frum world" today. On the busiest Avenues (e.g. Thirteenth or New Utrecht), or near any intersection when there is the slightest traffic back-up, or as soon as the light changes to green, the car horns blow like it is going out of style. Drivers have heavy hands and no patience. They have no consideration for the trauma they cause to ears of passers-by. Beggars on the street play annoying portable cassettes, thinking that blaring loud Jewish music will make you be more sympathetic or generous. Cars with loudspeakers drive by, roaring recorded local news or commercial announcements. Upstairs neighbors put in wooden floors so those beneath hear every child's stomping footstep. People in shul shout over who will lead the davening, whether to say Tachanun or whether to close a window. Between all the cacophony, pain and risk of inner ear damage; you have to constantly cover your ears or wear ear plugs in contemporary frum society. This generation brings new meaning to the term "rodaif" [pursuer, assailant]. We repeatedly attack each other with noise.

The most dangerous manifestation of this "culture" is that at simchas these days, music is amplified so loudly that people's ears can be seriously and incurably damaged, in ways that they might not realize until it is too late. Musicians intentionally and systematically amplify the volume to be deafeningly loud.

Torah law tells us that everything we do must be for the sake of Heaven and be a means of knowing G-d. Every Jew must learn Torah as much of the time as he is able, particularly since learning leads to action. If he does not learn regularly every day, he will diminish wisdom and goodness, come to theft, do stupid things, cause damage and create countless sins. One must always judge in advance what will come out of his actions so that the only outcome is service of his Creator. One who conducts himself this way is constantly serving G-d [Orech Chayim 231:1, with Bayur Halacha].

Let me share relevant knowledge from four ear doctors and four audiologists. High amplification can cause various kinds of long-term or permanent inner ear damage. Common examples include hearing loss, dizziness, pain and tinnitus (annoying ringing, squealing or roaring sound in the ears).

Tinnitus is heard, usually as a high pitch noise, within the head. The condition is often constant but the noise can, in some cases, be intermittent or varying. The damaged inner ear sends sound signals to the brain, regardless of whether or not sound enters the ear. The noise can be loud enough to disturb sleep, concentration, work, conversing with or relating to people. Severe cases can be torture (imagine having a screaming fire-engine siren glued inside your head with no "off switch"). It can be loud enough to cause people to have anxiety attacks and it has even been severe and unbearable enough to drive people to suicide. Such people might have to be kept by a doctor on tranquilizers non-stop to save them.

A damaged inner ear can be very sensitive. This can cause terrible stinging pain that can be felt steadily or that can be caused from hearing normal every-day sounds, high pitch sounds and/or louder-volume sounds. Dizziness can be disabling. Its frequency of occurrence and severity also varies with each individual. A person might perceive the room to be spinning around, or see objects as spinning around one another. These may cause a terrible nauseous feeling in conjunction with the dizziness. The dizziness typically requires the person to sit or lie still. If they don't, they can fall down. Hearing loss can cause sound to be heard at lower than normal volume, can cause sound to be muffled or unclear and/or can cause loss of ability to hear certain sound frequencies.

One may have to change what they ingest because certain foods and substances (e.g. caffeine; sugar and other concentrated sweeteners like honey, corn syrup, dextrose or molasses; aspirin, alcohol or salt) can promote or worsen bad inner ear symptoms. Sufferers from inner ear damage may require medicines with side-effects, vitamin and mineral regimens and/or uncomfortable medical tests, which might not help their case significantly. The effects of treatment can vary from person to person. The nature, intensity and steadiness of symptoms can vary; depending on such factors as the severity, duration and frequency of the cause(s) of damage; the person's age and the sensitivity-level of the individual's inner ear(s). An illness (such as a virus, anxiety or high blood pressure) can make an ear condition and its symptoms more severe, painful or intense; possibly irreversibly. For example, 1. a virus can cause tinnitus to get louder and hearing to get worse in a damaged ear; 2. tinnitus can cause anxiety, and anxiety (which raises blood pressure) worsens tinnitus. If not medically treated, this can become an ever-worsening tinnitus - anxiety - more tinnitus - more anxiety "cycle." Besides worsening tinnitus, high blood pressure is an overall danger to health. Inner ear structures and nerves, when damaged, often do not heal nor regenerate. Ear damage can be "life impacting" and even possibly "a matter of life and death."

These conditions require treatment and follow up by highly experienced and expert ear specialists and, in some cases neurologists. Since these conditions can be very difficult to treat, a patient may have to go to many doctors to find one who can help at all. And, yes it really happens: people are being injured frequently. It's happening more and more, the damage is getting worse and worse.

The Jewish community has to take a strong and unequivocal stand against loud amplification, which has no mekor or mesorah [Torah source or tradition] to justify it. Our society must forcefully, completely and immediately stop this unjustifiable and destructive blight. The best cure is to not let people get hurt in the first place! Our yeshivos teach the gemoras about not damaging [Seder Nezikin]. Let us practice the practical laws [halachos] of not damaging! The requirement of "nosay bi'ol chavairo [share your fellow Jew's burden]" requires invited guests to participate in a celebration but it moreso requires hosts and musicians to safeguard all who are present from even the slightest risk of any harm.

All parts of the body are for serving Hashem. Several mitzvos require hearing; for example: reading the Torah and the Megila, shofar blowing, learning Torah, responsive parts of prayer (e.g. Kedusha, Kaddish, Borchu, Hallel, answering "amen"), hearing oneself saying Birkas HaMazone [blessing after meals] and reading "Krias Shema," making peace, hearing mussar and tochacha [self-improvement and correction], hearing Kiddush and Havdala. Causing someone to lose some or all of his hearing, or causing someone to require a hearing aid, whether temporarily or permanently, makes him a "baal moom [defect, injured]" and nizik [victim of damage]; and these can deprive a person of mitzvos. The Steipler Gaon was hard of hearing and refused to wear a hearing aid because it could make him more dependent upon it and make him lose the rest of his hearing. Since hearing aids function somewhat as a microphone, they can be prohibited on shabos and yom tov. The Steipler DID NOT WANT TO LOSE HIS ABILITY TO HEAR KRIAS HATORAH ON SHABOS AND YOM TOV. Some people refrain from having a hearing aid, for reasons such as shame, cost or keeping their sense of dignity. They lose touch with the world. Rashi says that one who lives out of touch with the world is choshuv kimais [considered as dead]. Therefore, damaging hearing has an aspect of murder in it. Damaging hearing (or any of a person's functions) decreases mitzvos in the world and the one who causes such damage is responsible to Heaven for causing those spiritual losses in G-d's world, besides for the physical damage.

It is necessary to say "Shema" [required twice each day] loud enough to HEAR oneself saying it [Orech Chayim 62:3]. "Shema" means "hear." While saying the first verse, one must UNDERSTAND AND PAY ATTENTION to accepting the yolk of the Kingdom of Heaven [Mishna Brura 60:11]. Hearing is central to one's intellectual potential and ability to understand. The word "Shema" consists of the roshay taivos [initials] of the words "Ol Malchus Shomayim [yolk of the Kingdom of Heaven - ayin, mem, shin]" but in reverse order. This signals that we must obey the will of G-d even when OUR logic is the reverse of G-d's will.

Often the people in attendance at functions, whether guests or workers, DO NOT KNOW THAT THEY ARE SUBJECTING THEMSELVES TO GENUINE DANGER. Their hearing may be gradually deteriorating. The delicate structures in the ears may be getting weakened so that one time a loud noise may produce major injury. These people do not realize that they may be getting permanently damaged. So, they do not know to leave. And, who goes to a simcha for the purpose of leaving? People go in order to participate in the event. This creates a condition in which people who should stay have to go out and the people who go out are people who should stay. This is a contradiction. If people are wise enough to come wearing ear plugs to protect their ears, then no one can hear or talk to anyone. You have a crowd of people, yet they are all isolated. The music is loud to make people dance, and they plug their ears to not hear the extreme loudness. It's like needing to go into a bath or mikva and wearing a scuba diver's suit (which totally covers the person) in order to not make any contact with the water. The whole thing is completely crazy.

"Decibel" is the measure with which loudness is measured. If a human ear is exposed to a loudness of 100-110 decibels for a half hour, this already can do damage. If the volume is 120-130 decibels, the ears are overwhelmed. Their fragile structures can be traumatized and they can be severely damaged after even short exposure to high volume. To put "100-110 decibels" into layman language, if your home stereo were at full volume, if a subway train went by at full speed, or if your head were chained to an ambulance siren, sustained exposure to that level of sound for a short while can permanently damage your inner ears. Professional music amplification can be 20 decibels louder than this. If a guest stays at a simcha for two or three hours exposed to such enormous loudness, delicate inner ear structures or nerves can have serious and permanent trauma and damage. If musicians hear this loudness night after night, they can grow gradually hard of hearing and will play louder and louder because they are less and less able to hear how loud they are playing. Some musicians wear ear plugs to protect themselves and couldn't care less about harming the audience, which is pure cruelty and sadism. Workers at catering facilities hear dangerously loud amplification night after night also and their ears are repeatedly exposed to serious jeopardy, especially since harm, and susceptibility to harm, increase from each repeated exposure.

Questions of health and of causing harm are de'Oraisos [from the Torah]. If one wishes to say that only "maybe" someone will be damaged by loud noise at a simcha, this is a worthless excuse (and, probably, self-serving) because of the principle "suffaik de'Oraiso lechumra [in Torah questions in which there is doubt, we must be strict]." And, there is nothing religious in "erasing" Choshen Mishpot (or ignoring any part of halacha). Erasing halacha is "giving one's own Torah," and eliminating the Torah that Hashem gave. This is apikursus [apostasy] and MAKING ONESELF into an avoda zara [idolatry]. He worships himself. Such an arrogant person puts himself, in his mind, on a par with G-d as "authorized" to give law. Instead, we must incline to the side of guarding the Torah - and guarding THE PEOPLE of the Torah! We must never cause damage or danger to people. We are not even allowed to take a chance.

Hearing loss and ear damage can be either gradual and subtle or sudden and substantial. People can vary in this. I recommend that before you go to simchas, speak to an ear doctor (WHO KNOWS ABOUT CONTEMPORARY FRUM SIMCHA AMPLIFICATION) about the health of your ears, especially regarding exposure to sustained loud noise. Tell him clearly about the noise levels you are exposed to at simchas. If you cannot estimate the decibel level, describe the volume to him in simple terms, like how close people have to be to hear each other in conversation and whether this is with a normal voice or with shouting. Go for hearing tests periodically.

Rabbi Aharon Kotler, z'l, would not let his driver use a toll machine because it violates "kavod habrios" [human dignity] to reject the living toll collector. Even if we use toll machines today when we are on the roads, and are not on Reb Aharon's spiritual level, the obligation of kavod habrios still requires that we fully and actively acknowledge and value the honor of each human being. Since kavod habrios requires not rejecting the dignity of any person, kal vichomer [all the moreso] it requires not harming any person.

Since misguided, immature youth like loud amplification, thinking it "laibadig," adults (rebayim, family, etc.) should instruct youth on the seriously damaging nature of loud volume and Torah obligations to not cause damage. Let us train youth because they are responsible for fueling this trend. Youth must become informed and get their priorities straight. Let us teach the youth that loudness is an evil, it hurts people and that we should have contempt for any musician who would hurt hundreds of people ongoingly for money, ego-gratification or fame. We can take away incentive of musicians to appeal to youth (in their hope that the youth become future customers).

True Torah compassion includes shielding people in advance from troubles. The Torah Jew does not wait till after trouble comes upon another. TRUE "TORAH-DIK" COMPASSION REQUIRES HELPING BEFORE AS WELL, BY PREVENTING TROUBLE FROM COMING UPON HIM IN THE FIRST PLACE. This is the way of G-d [Tosfos Yeshanim, Rosh HaShana 17b] and it is our obligation to emulate G-d, as the Torah says, "And you will go in G-d's ways (Deuteronomy 28:9)." Rambam specifies that this requires imitating His traits [Hilchos Dayos 1:6]. THIS IS FUNDAMENTAL TO ACCEPTING THE YOLK OF THE KINGDOM OF HEAVEN. Otherwise, you have things backwards - especially your idea of serving Hashem!

THE SERIOUS DESTRUCTIVENESS OF LOUD AMPLIFICATION AT SIMCHAS,
PART FOUR: TORAH PRINCIPLES OF PROTECTING AGAINST HARM

We have been exploring the widespread and worsening trend of harmfully loud amplification, which has become especially common at Jewish simchas, concerts and functions. This is a genuine danger and serious health hazard. We proceed in this installment with more relevant halacha. If you have practical questions, take them as a shaaloh [Torah question] to a qualified rov or dayan who has Yiras Shomayim [fear of Heaven].

The Torah says [Deuteronomy 6:18], "You shall do that which is correct and good in the eyes of G-d." The gemora [Bava Metzia 108a] says that this teaches that a Jew cannot allow another to lose an opportunity to gain a benefit that you can provide. This is brought in halacha [Choshen Mishpot 175:6], where the Shulchan Aruch says that one planning to sell land must offer it first to an adjoining neighbor and to give him priority even over a relative or talmid chochom (Torah scholar). Buying adjacent land is more value-adding than buying land which is not attached, because the buying neighbor's land is expanded. The meaning of the gain to the neighbor is significantly greater than to any one else. If we are required to not let another miss an opportunity to gain, we certainly may not make him lose or come to harm! There are many halachos for harchakas nezikin [preventing damage or distancing causes of damage]. For example, chapter 155 of Choshen Mishpot has 44 paragraphs of halachos obligating prevention or distancing of various kinds or causes of damage.

Rambam says that to keep oneself healthy and vigorous is a commandment from the Torah. We are obligated keep away from anything that damages or lessens the body. This is part of serving Hashem [Hilchos Dayos 4:1]. One does not have permission to harm himself, although one is exempt from paying damages if he does so [Choshen Mishpot 420:31]. The Chofetz Chayim [Likutai Amorim 13] says that this halacha shows that we are not our own "property," we BELONG TO HASHEM. Hillel made a point to keep himself clean and to eat adequately. When asked why, he said that the body is created in Hashem's image, it is for serving Him during one's fleeting lifetime and it is obligatory to take good care of the body [Vayikra Raba 34:3]. It is also significant that the section of halachos prohibiting causing physical harm to another is the LAST subject at the end of the Shulchan Aruch. This teaches that IT SHOULD BE THE FURTHEST THING FROM ANY JEW'S MIND TO HARM, OR TO ALLOW THE CAUSING OF HARM TO, ANOTHER PERSON! A thought of harming someone should be the LAST thing to occur to you.

Rabbi Moshe Feinstein, z'l, was asked if a person can ask another who is smoking to leave a public place due to the smoke being bothersome. Rabbi Feinstein replied [Igros Moshe, Choshen Mishpot, section two, 18] that one can ask the person smoking the cigarette to leave a public place because the bother to other people is considered damage. It is forbidden for him to smoke where it pains, bothers or endangers another. In the gemora, Rabbi Yosi said that when one does a thing which is itself legitimate, but it causes damage as a consequence, the person is still liable for the damage. From this, Rabbi Tovi Ben Masna said that it is forbidden to cause indirect damage, or even damage for which the person cannot be made to pay. Examples include to stand a ladder on my land in a place where rodents can jump from it and kill my neighbor's birds on his property, to slaughter animals where birds will land and then track blood onto a neighbor's property, to have birds where their chirping noise will pain a neighbor, to cause an offensive odor that reaches a neighbor or to operate a business where adjacent residential neighbors will be disturbed by the people coming and going. Such things are prohibited, or the offender must distance such things far enough away that they cause no prospect of damage [Bava Basra 22b, Rambam Hilchos Sh'chainim 11:5]. Such things are indirect but they cause enough pain to be forbidden. Rabbi Feinstein concludes that smoking in a public place is worse because it is actively and directly harming. Since we forbid an indirect cause of harm, all the moreso, the smoker can be stopped or required to leave.

Chazay Hatnufa, a disciple of the Rosh [one of the halachic Rishonim], is quoted by the Chida. He says there is no assumption of validity for any significant cause of harm, even when people do not protest or fight it [ain chazaka binezek gadol]. Even if a cause of harm is done in a public place [reshus harabim] where the offender would have a right to be, even if it only bothers one person, even if it is a thing which has been done for years, the thing is forbidden and we are required to stop the offender. Whether the harm is against a group or individual, since the victim(s) can't stand that pain or damage, we have permission to remove the offender.

Since Rav Moshe, z'l, poskined that causing pain or harm directly and actively in a public place is forbidden, and noisy chirping birds are an example of an indirect cause of pain or harm THROUGH NOISE that can be forbidden, and a talmid of the Rosh basically delegitimitized any cause of socially accepted or ongoing cause of harm against even one person, even one time in all of history; kal vichomer [all the moreso], we must forbid the active and direct causing of pain and harm to multitudes repeatedly through loud amplification! On top of the many sources cited in parts two and four of this series, halacha specifically says that anything which a person cannot withstand that another person does, even if other people can withstand it, the victim can protest and stop that thing [Choshen Mishpot 155:41].

When one causes harm that requires financial compensation, even when bais din does not have the ability to force the payment, the offender is obligated to pay voluntarily. If he does not pay, he is a gazlan [thief, Ktzos (section one, note seven)]. Bais din is authorized to collect an injury victim's out-of-pocket costs [chisron kis] from the mazik [damager] for medical expenses and time off from work [Tur, Choshen Mishpot 420:44]. If the victim grabs the value due him from the mazik, he is allowed to keep the money, but not in excess of the amount due him. It is a machlokess [halachic dispute] whether this applies any time after the injury [Rosh] or only at the actual time of the injury [Rabainu Tam]. We rule that one can grab and keep the money even afterwards, but this is limited to the "value" of the injury. The victim would have to give back any excess money taken [Tshuvos Maharam Galanti, 108]. This suggests that if a musician's amplification causes pain or harm, it may be permitted to grab his instruments or electronic equipment to pay for damage-expenses caused, such as doctor bills, medical tests, prescriptions and time off from work. If what is taken exceeds the expenses, the excess money must be returned; if there is not of enough value, the victim could take more equipment for damage-expenses.

If something is liable to cause damage, and if there is no specific halacha governing how much we must distance this cause of harm from people, we must determine criteria to keep people safe. The Ramo [Choshen Mishpot 155:20] says that these criteria are to be determined by experts in the respective field of each kind of potential cause of harm. In our case, ear doctors can make such determinations. For example, one ear doctor told me that people in conversation ten feet apart should be able to speak in a normal tone and hear every word clearly and no one present should have any discomfort. This would be an example of setting a halachic boundary for amplification volume.

One host told a band leader that he wants the volume kept low. The band leader refused, saying that this will "mafsid momon [cause him to lose money]." Young people, who like volume to be loud, are potential future customers. They will only hire him if he plays loudly. This "frum sounding" claim of "mafsid momon" is false and invalid to the point of absurd and insulting to the intelligence. Hashem can choose to punish one through his body or property [Tikunay Zohar, quoted in Yom Kippur Machzor]. The Torah says that there is a punishment called tzora'as [leprosy-like disease] that comes onto one's house, clothes or body. Ramban [Nachmanides, Parshas Tazria] explains how Heaven's punishment is considered more severe and stringent as the tzora'as gets closer and closer to one's body. It is the smallest level of punishment when afflicting one's house, worse when on one's clothes and the worst is when it afflicts one's body. There is no comparison between an affliction of one's property and of one's "actual self." The latter is most serious.

The laws of Chol HaMoed [intermediate holidays] allow one to do work to save himself from losing something he has. One cannot do work to catch an opportunity to gain profit during Chol HaMoed, because he does not have it. He cannot consider a thing he does not have to be his or to be lost. Halacha says we cannot compare losing a thing that we have with wanting to increase profit.

This selfish, cruel musician thinks that he can compare the damage to people's bodies, which they already have and which they are required to maintain in good health, with his loss of (hoped for) property (profit) that he does not have or know if he will ever own. This is "davar shelo ba li'olam [presenting something that does NOT exist as if it does exist; Bava Metzia 33b]." He thinks he sounds "frum" by claiming "mafsid momon" while he has no concern that he causes mafsid [loss to] people's bodies. TO STOP ANYONE FROM CAUSING DAMAGE OR PAIN IS A MITZVA. There is no claim of "mafsid momon" when we stop someone from earning money by his "professionally damaging" people!

THE SERIOUS DESTRUCTIVENESS OF LOUD AMPLIFICATION AT SIMCHAS,
PART FIVE: TAKING STRONG STEPS AGAINST CAUSING DAMAGE

High levels of amplification at simchas and public functions is commonly made painfully and harmfully loud. Loudness is falsely perceived by the youth to be "laibedig [lively]" and commercial musicians want to cater to immature youth because they are a base of future customers. Validating loudness also sends the false and very un-Jewish message that we need loudness for happiness or joy. This destructive and widespread trend is fueled by immaturity and greed, and has no Torah justification for it. There is no basis in halacha [Torah law] nor mesorah [Torah tradition]. Jewish society must take strong measures to stop this trend and to protect our people from it.

I strongly recommend that the reader cut out, save and apply this article and all others in this series. Send copies from my column or website to hosts, musicians, educators, rabbis (who can influence their students or congregants), caterers and guests invited to events, to warn of the dangers. Educate people of all ages about noise-exposure and ear damage - by yourself, by sponsoring classes for adults and by promoting teaching about this to the children and youth in schools. Be creative. Find ways to spread the word.

Life and culture in America are becoming noisier and noisier. Thirty six million Americans have significant hearing loss, much of it premature and MUCH COULD HAVE BEEN PREVENTED. About fifty million have some kind of ear-damage symptoms [tinnitus - ringing in the ears, hyperacusis - pain from and sensitivity to sound, hearing unclearly, vertigo - dizziness, etc.] and other forms of harm DUE TO EXPOSURE TO NOISE. For example, tinnitus can be heard as so loud that it can drive people to distraction, drown out or distort normal sounds or conversation, prevent sleep and cause physical or psychological consequences [anxiety, high blood pressure, nervous tension, sleep and rest disruption, ulcers, depression, adverse affects on the cardiovascular system (heart and blood vessels), etc.]. Ear damage might come slowly, painlessly and imperceptibly; but one day the symptoms will be noticeable, life will be negatively impacted - and it will never be the same. In the past, hearing losses started creeping up on people between the ages of 40 and 50. Now, hearing loss in children is up due to noise [listening to stereos, noise-producing toys, etc.]. In the 1980's, 3% of grade school children had hearing dysfunction. It is up to about 13% for school children and worse for teenagers. Ears bring information in. Damaged ears might not pick up what is said or taught and learning will be disrupted. Quieter environments help learning and raising children. Noise in homes (loud stereo and appliances, shouting, hectic or fast-paced lifestyle, blaring traffic outside the home, etc.) has damaging effects on the intellectual, personality and social development of children, starting from the beginning of life. In families which have quiet, the adults listen more and relate better to their children, discipline is calm yet more effective, all have more peace, all have more capacity for introspection and personal growth, and the children grow up to be better achievers in learning and their chosen field. It is important to create an environment that encourages quiet. The World Health Organizations reported as early as 1973 that, "Noise must be recognized as a major threat to human well-being" and that noise has a significant negative impact on quality of life. The quality of all aspects of life can be negatively impacted upon e.g. work and academic performance, social interaction, recreation, communication, not hearing danger warnings, emotional state, stress, irritability, etc. In scientific tests, people were found to be less generous, kind, helpful, considerate, relaxed and patient; and more frustrated, annoyed and hostile; when subjected to noise of 70 decibels or more. In one test, people refused to help a person wearing a cast, in another people recommended lower salaries for hirees, compared to comparable situations under quiet conditions. This has serious implications for Torah Jews concerned with midos, mitzvos and interpersonal behavior obligations! People do not get used to noise. As long as the noise remains, the negative effects on emotions, health and ability to function do not subside. Noise is an invisible threat to hearing. Hearing loss from noise exposure can be painless, progressive and permanent. In the early nineties, scientists examined people living in primitive conditions in Sudan and discovered that there existed virtually no deterioration of hearing in elderly people! This tells us how much our inner ears are assaulted by the proliferation of noise in America; where we constantly hear loud music, machines [jackhammers, trains, airplanes, power tools, industrial and construction equipment, sirens, etc.], vehicle horns and engines in traffic, walkmans blaring right into one's ears, noisy crowds, cell phones ringing in public places, etc. Impact on ears can be affected by duration, level and frequency of the noise, as well as by the individual's sensitivity level [which varies a bit in different people]. Hearing loss can come from one extremely loud sound, or repeated exposures or close proximity to hazardous loudness levels. Long-lasting, high-pitch and high-volume sounds are the most damaging and annoying. Annoyance from noise can be sufficient to contribute to stress; cardiovascular, psychological, digestive and other health damage and physiological disorders; and can cause negative impact on social behavior, learning ability and career achievement. Noise annoyance is worse at night, having the impact of ten more decibels than the same loudness level would have during the day. Hearing impairment and inner ear damage from noise are on the increase in industrialized countries. The only hope is prevention.

Inside the ear are microscopic structures called cochlea [pronounced "kok-lee-a"]. These receive sound and transmit the sound to the nerves in the ear, bringing the sound to the brain, enabling the person to hear. Cochleas are extremely sensitive and fragile. When exposed to overly loud noise, the cochlea is traumatized and delicate hair-like hearing cells can be either gradually or immediately damaged and then destroyed. Damaged or dead tissue might be replaced by scar tissue, but the hair cells (in the cochleas) themselves, and their function, are gone forever. Their ability to bring sound from the air to the nerve, and therefore the brain, is destroyed. Hearing is diminished, according to how much cochlea damage occurs. If parents bring babies or children to chasunas, their delicate cochleas can be assaulted from the beginning of their lives, causing the baby discomfort and even pain during the simcha and damage ever after. Their ability to learn, communicate, socialize, work - to live a full life - can be jeopardized. Further, when cochleas are damaged, the remaining tissue may be irritated and send continual signals to the nerve and brain, causing the sensation of sound, independent of sound coming into the ear, resulting in the disorder called tinnitus; hearing loud, constant and disturbing sound inside the head [that isn't there outside of the person's head] because the ear and the connections to the brain are damaged and these keep sending sound-messages to the brain as if it is an auditory sensation that is experienced as hearing noise. On top of this, the nerve can be overwhelmed by real sound that comes into the ear, resulting in serious pain, called hyperacusis, from hearing some or all sounds. The cochleas "translate" sound, as it occurs in the air, to impulses that can be transmitted as sound in the inner ear nerves and to the brain. Cochleas are an essential part of the auditory system. They are the analyzing portion of the human hearing system and are inescapably necessary as an intermediary between sound from outside the ear and the inner ear nerves. When sound hits the nerves directly, without the cochlea receiving and processing it first, the sound can cause unbearable pain upon contact with the nerves. If the cause is dead cochlea, these conditions are irreversible. Losing a cochlea is like losing an arm - it doesn't grow back. The pain of sound hitting nerves directly will be like a non-healing wound that can get worse and worse from repeated trauma. Loudness-induced hearing loss is almost never curable or recoverable. Even if you do not feel your ears hurting, you can be getting damaged during noise exposure. People tend to be further damaged, and increasingly more susceptible to damage, by prolonged or repeated exposure.

Fifty-five decibels is the highest loudness that is universally safe. From 55 to 80 decibels, people are usually safe but this can vary due to such considerations as individual sensitivity, age, genetics, medical and noise-exposure history. The more often, prolonged, loud and high-pitched the noise is, the more damaging. Most people are safe with occasional exposure to 70 decibels. Above 80 decibels, possibly 75 in children, the ear is more predictably and universally subject to harm. The more one is exposed to loud noise, the more his inner ear structures are traumatized and damaged, the lower his safe decibel level gets and the more he needs protection from daily-life, street, social or work-place noises. He may, for example, require ear plugs, industrial ear muffs, keeping the stereo on low volume or avoidance of offending situations such as by walking the long way around a construction site - or not going to simchas!

Scientific and medical tests have established that sustained loud noise levels of 85 decibels or higher are hazardous. Waiters, musicians, caterers, hall management and personnel and any others in any noisy work environment are in repeated jeopardy. Experts are considering dropping the defined "safe" limit from 85 to 80 decibels in a work place, since damage can already be possible between 80 and 85 [85 is about the volume level of a rattling sink garbage disposal, mini-bike, vacuum cleaner or crowded school bus]. Small increases of decibel count can actually represent large increases in loudness. A three decibel increase represents a doubling of sound. Since decibel numbers increase logarithmically, like the Richter scale which measures the force of earthquakes, 130 decibel sound amplification at a wedding is about 1,000 times louder than a 50 decibel conversation with a normal speaking voice. As another example, a subway train's sound is 100 decibels [115 when screeching]. 110 decibels is ten times as loud as 100. Imagine you are standing on the local platform of an underground subway station and an express goes by at full speed. An increase of 10 decibels equals the noise level of ten express trains going by simultaneously and an increase of 20 decibels equals 100 express trains roaring by simultaneously. The more you increase the decibel count, the more enormous the increases in sound level are.

If you can't speak in a normal voice to be heard over a noise, the noise is too loud. If someone next to you can hear the music coming from your stereo headphone, it is too loud. Every time you add five decibels, the time needed to cause permanent damage decreases by half. At a typical chasuna, permanent damage can be done in less than a half hour, possibly in a matter of minutes. You might notice speech is muffled, sounds are confused or that you are asking people to repeat themselves.

The high intensity amplification of music at simchas commonly causes people damage and suffering. This danger is not restricted to simchas, either. This can apply at any function or in any manifestation where there is loud electronic sound amplification, for example: large scale lectures, concerts, organizational meetings, conventions, in restaurants, listening to music through head phones [with sound very close to the inner ear] above a soft level, home appliances such as hair dryers or blaring loud amplification in a motor vehicle. However, simchas, such as weddings, vorts [engagement parties] or bar mitzvas, are the most common examples of events in contemporary Jewish culture at which there is loud amplification. Even youth who want loudness do not have the right to want something dangerous or to be cruel to entire crowds of people. Except for the relatively young and immature - whose inner ears have not YET collapsed from loud noise trauma - people don't enjoy loud simchas...they are in pain!

I could put a hat on your head and you would not be damaged. If I put an 18 wheel truck on your head, you would be crushed as flat as a pancake. If I put conversational sound at about 55 decibels into your ear, you would not be damaged. If I put amplified sound at about 130 decibels into your ear, inner ear structures would be crushed like that pancake. The ear is only made to handle a limited range of sound intensities - for limited periods of time. When loudness levels exceed what G-d made the ear to handle, the ear is overwhelmed - with what can be permanent damage...to the ear AND the person's quality of life, health and ability to function. This "pancake" analogy tells us what happens to the inner ear at simchas with amplification levels around 130 decibels. Since many people do not know that they are subjecting themselves to harm and do not leave, they compound their danger every minute that they remain present.

Inner ear damage, for example tinnitus [ringing or squealing noise in the ears], hyperacusis [extreme sensitivity to environmental sounds, manifesting as discomfort or pain from hearing various sounds] or hearing loss, can require a team of health professionals to diagnose and address a patient's problem, since patients can experience problems in many aspects of life. Conditions can disturb sleep, conversation, concentration, learning, work, socializing and relating. The suffering, stress, anxiety, depression and disruption of normal activity from inner ear disorders can impair life or push people to disablement or suicide. Problems can be emotional as well as physical. Therefore, some cases require a holistic, multi-discipline approach. The patient's personal physician, an ENT [ear, nose and throat doctor], mental health practitioner [psychiatrist, psychologist or social worker], audiologist, neurologist, dietician or nutritionist or others may be necessary, as appropriate to each individual case. Each professional should know about what the others are doing to make sure their tests, diagnoses, therapies or prescriptions complement the others to maximize aid and compassion for the patient; and do not contradict each other so as to endanger the patient or duplicate any effort unnecessarily. The patient must know that inner ear damage baffles even the best physicians. They must be warned that some treatments, surgeries or prescriptions might help some people but not others and there can be ugly side effects. Besides treating symptoms and helping the patient cope, practitioners should speak to the patient about the impact of the condition on his life, research being done (and new impending developments relating to the patient, if any) and how others cope; to give the patients with difficult or incurable conditions hope and strength.

Loud amplification is truly dangerous. Our generation must see its intrusion into the Jewish community as serious and address it accordingly. We must view this as a matter of social and halachic responsibility and deal with it strongly. It is not a trite or silly question. It could help if qualified and respected rabonim, with expertise in related areas of Torah and who have influence on people, would confer with physicians who specialize in related areas of medicine, who have experience with the difficulties of treatment and with patients' long-term suffering in such cases; so the robonim will formulate takanos (Jewish law decrees) limiting amplification to levels that ensure the safety, comfort and protection of all who attend any Jewish function. Hosts must be pro-active from the beginning of planning of their events. There must be a contractual agreement IN ADVANCE OF THE EVENT - made IN ADVANCE OF SENDING INVITATIONS (so the host can guarantee safety to all guests before inviting anyone!) - that requires musicians to limit the loudness level. The advance-terms must ALSO require that if anyone is uncomfortable, volume will be lowered to accommodate him, even if ONE PERSON'S SAFETY OR COMFORT determines the volume limit for the entire affair. The musicians will NOT BE PAID if the volume limit is exceeded or if anyone uncomfortable is not promptly and fully accommodated. Put the terms in writing and state them firmly to the musicians in front of two or more kosher aidim [halachic witnesses]. Perhaps if rabonim would refuse to participate at functions at which there is no advance guarantee of safe volume levels throughout, that would effectively send a message. A rov of a shul, teacher in a yeshiva, the officiating rabbi (the wedding's "mesader kidushin" or the one who trains a bar mitzva boy) or anyone whose actions can impact a group, could require amplification limits, or not come to simchas made by his group. Perhaps, upon receiving an invitation, the rov, teacher, grandparent or any influential person should ask hosts to guarantee keeping amplification low. If a host does not commit in advance to limiting volume and protecting attendees, he can ask his group (congregation, chasidim, talmidim, relatives, etc.) to NOT come (or to only stay briefly, just enough to say "mazal tov"). This protects people AND fulfills the halachic obligations to warn and protest.

One tzadik comes to simchas with a bag full of ear plugs, which he hands out to attendees! Although this is extraordinarily nice, it does not get to the root of the problem - stopping harm and teaching people that we are obligated not to allow harm.

HoRav Dovid Feinstein said that strong effort should be put into prevailing upon musicians, catering people and baalai simcha to stop loudness which is at levels capable of causing damage. This translates into halachic obligation for everyone in the Jewish community to band together IN UNITY to do all we can and to exert all the pressure possible to seriously and diligently combat the causing of harm through amplification. If all the individuals who are bothered by noise - or who recognize its dangers - would unite, powerful protests and effective methods would be possible.

Contact Rabbinic or kosher-certification organizations. Try to have their board meet to publish warnings [e.g. if they have publications or newsletters, make special mailings or announce news at meetings of their constituents] and to legislate takanos [halacha enactments] to protect against damaging loudness. If you have contacts at any organization or with any community leadership, communicate the importance of takanos which limit loudness. For example, do you know someone affiliated with the administration of Agudath Israel, Orthodox Union, Young Israel, any branch of the Chasidic or Sefardic communities; can you promote lectures through any branch of Hatzola or Bikur Cholim or at a local Jewish community center; if your shul rents space for simchas or gatherings, can you legislate an amplification limit for those who rent your facilities; do you know any rosh yeshivos or teachers who can teach their students about how loudness is a serious danger to people and violation of many areas of Torah [e.g. damages, imitating non-Jewish culture, remembrance of the destruction of the Bais HaMikdosh] - and is not "laibedig" nor "kosher" - and over time impairs learning Torah!? Let rabbis teach their students and congregants the halachos in Choshen Mishpot and poskim about prohibiting and preventing damage, pain and injury. Have them make unmistakably clear the practical connection between these Torah law responsibilities and the destructive amplification at simchas. Let parents teach children at early ages that loud sounds damage hearing and hurt ears. Teach them when young to avoid loud toys, blaring car horns, construction sites, loud amplification, etc. Make clear that loudness can remove some or all ability to learn, communicate, enjoy music, feel comfortable and live a full, healthy life.

Let rabonim remove their hechsher from any hall or caterer who would permit painful loudness because IF WE CAN'T TRUST THEIR BUSINESS IN THE LAWS OF CHOSHEN MISHPOT [DAMAGES], WE CAN NOT TRUST THEM IN THE LAWS OF YORAH DAYAH [KOSHRUS]! Put pressure on rabonim to DECLARE FACILITIES "TRAIF" IF THE HALL OR CATERER WON'T KEEP THE ENTIRE SHULCHAN ARUCH! If a hall allowed immodest dress or mixed dancing, it would lose its hechsher. So should the kosher supervisor declare facilities traif if it allows damaging volume that endangers health. Rabbis might even begin certifying bands or musicians who adhere to volume standards that satisfy the requirements of both Torah law and prevailing local secular law; and who assure the comfort and safety of all guests and workers at the affair and even neighbors near the catering facility. These rabbis would not allow bands or musicians to work on the premises supervised by them for any affair unless the band or musician agrees to those standards in writing. The maximum level of decibels must be monitored at the affair, the same way the mashgiach watches for mixing meat with milk or for uncertified cooking ingredients. The Ramo [Choshen Mishpot 155:20] says that experts shall be utilized to determine halachic safety criteria to protect people from causes of harm. A comfort level for hearing people speak understandably [without shouting] ten feet [three meters] apart, or a decibel level limit medically determined to be audiologically safe and comfortable could be used as a halachic basis for declaring loudness to be "kosher" vs. "traif."

Make a strong "grass roots" effort. Be creative and aggressive. Talk the subject up. When invited to simchas, send copies of this series to the host, other guests, rabonim of the youth who will be coming, etc. Tell others to make strong protests (but without causing fights). Put copies of this series on shul bulletin boards and send copies to heads of yeshivos, schools, organizations and communities. Demand that educators train the youth that loudness is definitely a health hazard [and not "laibadig"], on the importance of protecting people from damage, to protest vigorously against loud amplification and to have contempt for musicians who medically endanger people. When invited to a simcha, have everyone you know who is also invited to prevail upon the host to demand from the band a firm and constant safe and comfortable volume limit.

Encourage people to have their ears periodically checked by an ear doctor or audiologist, especially if they frequently go to simchas, dinners or other events that subject them to loud noise. Even if your hearing is excellent, get a hearing test periodically. If your ears are damaged by a loud musician, your "before and after" hearing test reports will constitute proof for bais din that your hearing was once good and was damaged at the noisy simcha. Try to get a recommendation to a good specialist or you can phone the American Speech-Language-Hearing Association at 1-800-638-8255 for referral to an audiologist in your area. They can also send you material on dangers of noise exposure. People who are suffering from tinnitus (noise in the ear) or hyperacusis (pain in the ear or sensitivity to sound) they can contact the American Tinnitus Association for assistance and free literature at 1-800-634-8978. The League For Hard Of Hearing educates people about the dangers of noise, and coping with and the severity of hearing loss and ear dysfunction. The League offers literature and information. Call (888) NOISE88 [New York (917) 305-7700]. Their website address is www.lhh.org. Catering hall operators who really care about their community might hire a reputable, experienced and qualified occupational audiologist to devise means by which his hall will maintain safe standards in matters relating to ear-health, decreasing of noise, preventing of harm and guaranteeing the comfort and well-being of guests. The American Speech-Language-Hearing Association (noted above) can help make facilities safer for ears.

The Torah requires that remedies for damages accord with halacha. Aside from strict halacha, one must be concerned with never causing "chillul Hashem [profanation of G-d]," anger, animosity or fighting in the quest for a remedy against a fellow Jew. One must take practical questions to a qualified posaik or dayan with experience and Yiras Shomayim, for instruction.

Paying customers who hire bands have the power and responsibility to assure safe and comfortable conditions for the guests who they invite to their affairs. With hosts rests the greatest ability to assure the safety and comfort of guests. Tell a musician before hiring him, "I have requirements." Aside from serious danger, high noise levels make it impossible for guests to converse with each other or enjoy the event. Hosts should be encouraged to insist on smaller groups of musicians (who have derech eretz and kavod habrios [respect and dignity] for their audiences!), non-electric instruments and no electric amplification for any instrument and no instrument capable of a high-pitched piercing sound [high pitched sound can hurt ears, as can loud volume sounds] such as trumpet, drums or electric keyboards. There are plenty of acoustic instruments that can do a marvelous job making a simcha - without compromising the well-being of attendees; including the viola, clarinet, trombone, lower-range saxophones, etc. These limiting conditions must be treated as terms of doing business and written into a contract and/or stated in the presence of kosher aidim [halachically valid witnesses]. It must be clear that no amplifiers or loud-speakers for instruments nor electric instruments are permissible, including any keyboard or use of a mike for loud voice amplification. If any musician complains against the terms, remind him that he has no permission to make a living as a "professional damager," which is another way of saying "criminal." Let us make clear that we will not patronize criminals, even those substituting the name "musician," even those who play songs whose words are from Tehillim or are about newliweds. If I bash you on the head, but I use a gemora book to do it, am I off the hook for cracking your skull? If I give you food poisoning with kosher food, does that make the meal healthy? If I sing about Moshiach and the volume causes you permanent inner ear damage, pain and doctor bills, am I a tzadik [righteous person]? The worst yaitzer hora [evil inclination] is the one with payos! The Kotzker Rebbe says that the yaitzer hora has two aspects: one tells you to do evil and the second tells you that it is a mitzva to do it. One of the most fundamental forms of sin is to cause hezik [harm or damage] and we are obligated to prevent all forms of hezik and to save people from them.

If a person comes uninvited into another's domain, it is at the intruder's own risk. However, if he comes into another's domain with permission, the host is obligated to guard against any causing of harm to the visitor, whether to the visitor's property or body [Choshen Mishpot 378:6, 389:10 Ramo]. When one makes a simcha, he rents a hall, making it into his domain for the duration. It is a host's obligation to guard against any cause of harm to guests who were invited to the simcha. This ALL applies to a host being RESPONSIBLE TO NOT ALLOW DAMAGE TO THE EARS OR HEARING OF GUESTS at his simcha! By his invitation to a guest, the guest is there with permission and the host represents that the guest can presume and expect safety. The host cannot hide from the responsibility to see to it that there is no cause of harm to the guests invited to his simcha. Whether making an event at a hall (wedding, bar mitzva, organizational dinner, etc.) or at a private home (vort, sheva brachos, etc.), it is a contradiction to invite people into your domain and then damage them or to make them need to leave.

If this won't insult the host, you can gently say that you would not be able to come if there will be loud amplification. Describe to him the nature of the medical dangers or that you are under doctor's orders not to subject yourself to health risks from noise exposure. If applicable, you can tell hosts that you have a pre-existing condition [e.g. hearing loss, tinnitus or hyperacusis] and you cannot afford to sustain further damage. Maybe the host will agree to commit to a controlled and low volume. If you don't know the host closely enough to make coming conditional, just decline the invitation, gently giving the reason as the loud amplification and its power to damage. This serves the purpose of making the host aware that it can cause people serious harm. This can constructively register a protest and/or suggestion. Perhaps you can briefly show up (bringing ear plugs) for the chupa, or at a later time to just say "mazal tov." You must not speak to the host in a rude or angry manner. Your goal is protecting health and doing a mitzva, not fighting or insulting. Your tone must be sweet, gentle and peaceful. If many people ask the host to keep the volume down, demand (politely but firmly) an end to noise or if people leave affairs in droves, or refuse to come in the first place (if there is no commitment by the host in advance to maintain soft, comfortable, acceptable volume throughout the entire affair), maybe baal habatim and musicians will get the idea.

If a simcha is made on the host's condition that you expose yourself to loud amplification, your position should be that you will not come or stay. Say that you very much appreciate that the host thought enough of you to invite you and to want you at his or her simcha. Explain to the host in a nice way that the noise causes you pain, can harm people or some such, and that you cannot come, or that you cannot stay but briefly. Make it clear that the reason "is medical, not personal." You will be speaking truth and keeping the mitzva to protect your health and to advocate for the health of others. You are not responsible if the host feels insulted if you are protecting your health and you express yourself politely. The serious, permanent damage that can potentially be done by loudness is utterly pointless and unjustifiable. You don't have to suffer to protect the host's feelings.

Having studied some music, I personally believe that many musicians like the volume loud to mask their musical inadequacies and technical mediocrity. They take advantage of the fact that most in the frum community have never studied embouchure, harmony, counterpoint, orchestration, chords or other elements of fine music. Loudness helps musicians get away with playing anything and substituting noise for musical content and quality.

Cigarette and alcohol labels have warnings. Perhaps we should have hosts add warning notices to their invitations, in all languages that pertain to their group (Hebrew, English, Yiddish, Russian, etc.), that loud music amplification at their simcha can cause significant and permanent damage to ears. Let people clearly know that the damage can be irreversible, non-treatable medically and can cause a life of genuine suffering. Those whose ears may be bothered 1) should come very briefly and leave quickly, 2) should ask the host to have the band lower the volume, 3) should leave immediately if their ears start to hurt or ring or 4) should not come. Perhaps similar warning notices should be required at the actual simchas, perhaps on the cards with table numbers or on big signs near the hall's front door. In any event, strong and meaningful steps must be taken against the loudness trend, to establish audiological/medical criteria for halachic takanos and to take all steps necessary to protect people from it.

If a person at an event asks a musician to make the volume lower, the musicians generally either will not or they will turn it back up as soon as the person walks away. Since musicians usually are not sympathetic or cooperative on the merits of the issue, the attack must be against their pocket by the public and the rabonim. No one has a right to earn a livelihood by damaging anyone else. In the days of the Bais HaMikdosh, women had to bring a sacrifice to the Holy Temple for a miscarriage. If a woman had five miscarriages, she would have to bring five sacrifices. The merchants, who sold the birds necessary for the sacrifices, artificially raised the prices and poor women were not able to afford them. Raban Shimon Ben Gamliel legislated that a woman only had to bring one sacrifice for multiple miscarriages. Suppliers could not sell their wares and bird sales plummeted so that the price for a bird dropped to one fourth of the original price THE SAME DAY [Krisos 8a]. One time, European fish merchants raised their prices, knowing Jews require fish for sabbath meals. The rabonim made a takana (enactment) that no one buy fish. When the merchants were left with no business, they got the message. Let us learn from these lessens and take strong steps against deafeningly loud musicians. Perhaps we should universally adopt the "minhag Yerushalayim" [the custom of only hiring a drummer who is also a singer, as the only musician at a chasuna]. There would be NO AMPLIFIED INSTRUMENTS, yet enough dancing to make a simcha.

There is another alternative WITHOUT ANY amplified music that has proven successful when tried. Hire a choir of young men who know the traditional songs and who have "Yiddishe ruach [Jewish spirit]." Let them provide unamplified singing. True simcha comes from within. At a sheva brachos or bar mitzva on shabos, a crowd can be very lively and happy without instruments. We can achieve the same thing with the right spirit at a chasuna on a weekday. The singers can form a nucleus and impetus, and provide a "formula" for arousing spontaneity, and getting people together. A choir can replace a band and get everybody dancing.

Left to their own self-serving devices, commercial musicians often cannot be trusted or reasoned with. They want a room full of potential customers to "kvell" and "chalish" over their noise. Therefore, the mature parents who make the functions, the baal habatim who hire musicians, must demand low volume IN ADVANCE, as a non-negotiable condition of doing business. DEMAND COMPLETE AND CONSTANT CONTROL OVER THE SOUND VOLUME AT ALL TIMES THROUGHOUT THE ENTIRE AFFAIR. Expect that the musicians will try to tell you that loudness is necessary for professional acoustics, instrumental balance or that everyone will love the affair if they play in their loud way. Accept no baloney from them; it is a self-serving and irresponsible "sales pitch" that ENTIRELY EVADES THE MEDICAL, HALACHIC AND MORAL REALITIES OF THE MATTER. If they show indifference to harming people, tell them you will not hire them and you will tell everyone you know to not use them. This is NOT lashon hora [slander] because there is to'elless [halachic constructive purpose]...you are guarding people from someone who wants to damage them for money. If musicians want your business, tell them, "Take it or leave it." Be firm and unequivocal with the musicians. Make payment to them clearly contingent on their satisfactory compliance. Get the loudness-limiting terms in writing in advance. Build the specific maximum allowable noise level into the contract. Specifically write that the payment is due "ONLY ON CONDITION" that you have complete control over volume. If you can, try to make objective standards that cannot be disputed or undefinable, by such terms as "all sound be below 80 decibels [or any level that is "universally comfortable/safe" or at a conversation-permitting level for people ten feet apart speaking at their normal voice volume] at all times" or "all people conversing at ten feet apart in their normal speaking voice shall hear every word of conversation clearly," and [this is VERY important] "any sound will be lowered to accommodate any person for whom the volume is uncomfortable, even if it means that the one person shall define the loudness limit for the entire affair." You can obtain a sound-level meter which measures loudness in decibels at an electronics or chain store. Bring the sound-level meter to each of your affairs. Consider it a moral and halachic obligation to monitor the sound level throughout, from beginning to end. Having one at your simcha will kill a musician's claim for payment when he violates the loudness-limiting terms. The sound-level meter can also be used as evidence that noise was the cause of ear damage that brought hearing loss, suffering, medical expenses, inability to work, etc.; for a bais din case against a musician or band. You can offer to "reward" a band by offering to promote it to other people if terms are complied with, people can converse over the music, no one complains or is hurt, etc.

Make it clear that you intend to enforce the comfort and safety of all attendees, including but not limited to, guests and workers. Word the contract so that, if the musicians violate the noise-limiting terms, they hold you harmless and they have made themselves exclusively and totally liable for all consequences. If possible, have two kosher witnesses present at the signing. IF THE MUSICIANS DON'T FOLLOW THE TERMS, YOU DON'T PAY THEM. They will have no case against you for not paying them a penny. If anyone is damaged, it will be the musicians, not you, who are taken to bais din.

THE SERIOUS DESTRUCTIVENESS OF LOUD AMPLIFICATION AT SIMCHAS,
PART SIX: THE TORAH VIEW AGAINST HARMING AND INDIFFERENCE

Loud amplification at simchas and public gatherings can cause severe and incurable damage to the delicate and fragile mechanisms of the inner ear. Symptoms can include hearing loss, dizziness, tinnitus [constant loud ringing noise in the ears] and discomfort or stinging pain in the ear, either constantly or from hearing sounds. People often do not know what danger they are vulnerable to from loud noise exposure - until it is too late. To permanently damage people like this is cruel, callous, immoral and forbidden; it is unacceptable to the Torah.

Tzar baalay chayim [purposelessly causing pain to an animal] is forbidden and seriously punished. Rabbi Yehudah HaNasi [who compiled the Mishnah] once spoke harshly to a calf. Heaven decreed excruciating pain on him for thirteen years for this [Bava Metzia 85a]. Sefer Charaidim tells us a woman became unable to have children. She went to the Arizal to ask why. He said that Heaven decreed this because she blocked a chicken from its food and caused it discomfort. If causing suffering to an animal is so severely punished by Heaven, kal vichomer [how much moreso] if we are cruel, unconcerned or hurtful with our brothers and sisters! On the other hand, for "all who have compassion on G-d's creations, Heaven has compassion on him" [Shabos 151b].

The Torah [Exodus 22:21] tells us to never pain a widow or orphan. Rashi there tells us that a widow or orphan are only examples, and the verse is saying that we may NEVER HURT ANY ONE WITH ANY FORM OF VULNERABILITY OR WEAKNESS. At a simcha, a hall is filled with relatives, friends, neighbors and associates who feel socially obligated and compelled to stay for the duration. They are vulnerable to noise trauma from deafening loudness and are weak against the host or musician who refuses to lower amplification to a safe and comfortable level. This is no way to treat people. Not hurting attendees at simchas requires lower music volume. Doing so is a CHEEYUV DE'ORAISA [complete and inescapable Torah obligation]. The gemora tells us [Shabos 133b], "Be like G-d. Just as Hashem gives graciously and is compassionate, you shall give graciously and be compassionate." This is not optional idealism, this is a practical requirement, as the Torah says, "Acharay Hashem Elokaichem taylaychu [go in G-d's ways," Deuteronomy 13:5]. The gemora [Sota 14a] specifically ties this verse to our being obligated to behave with kindness and doing only good for others. Sending more and more people (including those closest to us!) to ear doctors and causing potentially life-long, serious and irreversible suffering and damage is not kindness. It is destruction. We are a nation of builders and we build with GENUINE AND PURE KINDNESS, as the verse tells us, "Olam chesed yiboneh [the world is built by lovingkindness," Psalm 89:3]. Let us fulfill, "VoChai bohem [live by the Torah's laws," Leviticus 18:5] "and not die by the Torah's laws" [Yoma 85b]. Participating at a simcha is a mitzva, but not if doing so is detrimental. Mitzvos are for doing good, not for harm.

One of our generation's greatest Roshai Yeshiva said that the war between the Greeks and the Jews was a war over whether man should determine morality or whether G-d should determine morality. The Chanuka story teaches us that morality can only be determined by G-d. For man to decide what is or isn't moral is idolatry and such a philosophy always eventually leads to downfall.

"Midas S'dom [the trait of Sodom]" is a particular way of being evil that G-d hates. Pirkei Avos [chapter five] applies the term to a person who sees separation between himself (and his property) and another (and the other's property) by saying "mine is mine and yours is yours." Rabbainu Yona [commentary to Avos], writes that a person can physically give to another person, but the giving can be devoid of thought about the receiver. When one doesn't care about the other, his heart draws barriers between himself and others. Even if the person gives, by his closing himself off to concern about others, he brings midas S'dom into his heart. The Bartenura [commentary to Avos, based on Bava Kama 20b] writes that midas S'dom applies to a person who wants that others not benefit from what he is able to give. Midas S'dom is to be cruel and insensitive, to see to it another derives no benefit, to neglect others' needs, to see yourself as losing by another having good, to want another's well-being to be separated from you. The evil and perverse trait of Sodom was despised by G-d, especially after it became widespread and legitimatized as a social principle that spread throughout the community. G-d's response was to destroy Sodom. The sages prohibit midas S'dom [Eruvin 49a, Kesubos 103a]. They tell us that people of S'dom have no share in the world to come and that they had arrogance that came directly from good that G-d had given them [Sanhedrin 109a]. When one becomes arrogant, cruel or indifferent from blessing that G-d gives, this is midas S'dom. Torah requires giving, benefitting and caring about others. When midas S'dom becomes widespread and legitimatized, it undermines society [Rambam's commentary on Pirkei Avos].

Midas S'dom is what is happening with a "culture" of unjustifiably and destructively loud amplification at simchas. This is promoted by musicians, youth and hosts at simchas. This is the opposite of Yiddishkeit. Harmfully noisy simchas are no mitzva. One must never do anything wrong to do a mitzva. G-D WILL PROVIDE PERMISSIBLE MEANS FOR DOING HIS WILL. IF G-D DOES NOT AVAIL A HALACHIC MEANS FOR DOING HIS WILL, WE ARE FREE FROM DOING THE MITZVA [Rabbi Shimshon Rafael Hirsch, commentary to Genesis 24:8]. The gemora [Sota 21b] calls someone who does damage through "religiosity" a "chosid shoteh [pious idiot]." He will let a woman drown because it is immodest to look at a woman. The Mishna [Sota 20a] says that a chosid shoteh can destroy the world. The world was created in ten utterances by G-d, to multiply punishment for those who destroy the world, and to multiply reward for those who build G-d's world [Pirkei Avos, chap. five]. Someone who wants to make a mitzva of bringing joy to a baal simcha by hurting participants at the affair is a chosid shoteh who has midas S'dom, is a destructive and perverse imbecile, is evil in the eyes of Hashem and constructs his thinking on false and invalid emotion-based reasoning which has no Torah mesorah [background/tradition] or makor [source].

An ignoramus cannot be sin-fearing or truly pious [Pirkei Avos, chap. two]. To be a truly pious person, one must learn and make himself a scholar, or, at least, attach himself to a pious and sin-fearing scholar for constant guidance in life questions. TORAH MUST ALWAYS APPLY TO "REAL LIFE."

The musicians have vested interest in playing loudly. The youth consider the loudness "laibedig" and are likely customers when they will make their own chasunas, if they are impressed with the noisy band. I once attended a bar mitzva and asked the musician to make the loud music lower. As soon as I walked away, HE MADE IT LOUD AGAIN. I asked him a second time. The instant I walked away, HE DID THE SAME THING AGAIN. I once was at a vort and asked the musician to make the volume lower. He simply refused and told me that I should keep away from the amplifier, as if that helped escape the room-filling electronic amplification. After a chasuna, I once told a "one man band" that his amplification was dangerously loud and could harm people. He thanked me for pointing this out and said he would keep his volume lower thereafter. Within a few months, I went to two chasunas at which he played - at the same deafening volume! The one time a musician made AND KEPT the volume low when I asked was at a sheva brachos. He was a teenage Lubavitcher, a bit over bar mitzva age, who was playing for the sincere sake of a mitzva, was not blinded by money or ego, and he personally had nice midos.

Everyone's earnings are decided by Heaven from Rosh HaShanah to Yom Kippur for the coming year [Baitza 16a]. A person must live within his means and be careful to not spend more than he earns [Rashi]. All ill-gotten gains, which do not come as a kosher GIFT FROM HASHEM, will be SEPARATED FROM THE PERSON. This can come through severe trouble (e.g. major doctor bills, robbery, business or investment losses) or premature death [Bamidbar Raba 22:7]. No one can exceed his decree from Heaven for parnossa [livelihood] and the decree ONLY applies to earnings that come through kosher means. If a musician earns money by hurting attendees at his jobs, he is earning money for doctors, stock brokers, creditors, thieves or the funeral parlor.

THE SERIOUS DESTRUCTIVENESS OF LOUD AMPLIFICATION AT SIMCHAS,
PART SEVEN: TRUE "SIMCHA" ACCORDING TO THE TORAH

We call a happy event a "simcha." What does the word "simcha" actually mean? It is the QUIET AND CALM INNER HAPPINESS that a Jew feels at a Torah milestone or celebration. It is spiritual. Once "happiness" is visceral or agitated, such as when derived from "hyper-amplified" rhythmic noise, it is no longer spiritual. Therefore, it is not "simcha," as the Torah defines it. Simcha is not dependent upon external, never mind physical, stimulation. True joy comes from inner identification with the spiritual meaning of the happy "life milestone" event being celebrated. The classic sefer Orchos Tzadikim tells us that simcha comes from "ABUNDANT CALM IN THE HEART, WITH NO TROUBLESOME ELEMENT." Simcha is not defined or enhanced by loudness. Torah simcha is characterized by inner CALM.

The Mishna Brura [560:16] says that because of "zaicher lechorban [remembrance of the destruction]" we must minimize klee shir [musical instruments] and "ain lismo'ach biyoser [don't overdo it making simcha]." One who does not tone down a simcha, lacks sensitivity to the chorban and violates the halachic obligation to remember it in practical life.

We are a nation of builders. True building is directed only by the mature, who are wise in their approach to simcha. The sages make clear with the following analogy that where there is noise, there is no chochma [wisdom].

The Maharal writes that the difference between things of the physical world and of the spiritual world is that the physical is in motion and the spiritual is at rest. Sound comes from energy waves that are in constant motion. Noise is entirely physical. If the essence of wedding music is to "shake and bake," it is of the physical world, and its source is not Torah. Branding it "laibedig" or using words from the siddur does not make it kosher, any more than putting payos on a pig makes it kosher. It makes the payos traif!

Much of the noise passing these days as "Jewish music" is putrid and non-Jewish in its origin. A hallmark of contemporary secular music is deafening loudness, obscene rhythm and physically stimulating beat. These are sometimes evident recently in much of the "frum" music, often during ensemble playing and particularly when soloists improvise. In my experience, most who are going about as musicians and chazonim are often hardly worthy of the titles and generally are unsophisticated in halacha learning, are selfish and/or arrogant. Many have no sense of, never mind education in, genuine fine music. Contemporary Jewish music modes follow the tasteless and deteriorating trend of the outside world, with lascivious and visceral foundations, and, worst of all, being presented as holy by the self-serving to the ignorant.

Therefore, one of the major halachic grounds for objecting to this insidious and intrusive abomination, wearing a phoney "mask" of "simcha" or "mitzva," is the Torah verse [Leviticus 18:3], "Uvichukosaihem lo saylaychu [do not go in the ways of non-Torah culture]." These turn one away from serving Hashem, and this includes to NOT GO IN THEIR WAYS IN THEATER OR ENTERTAINMENT, WHICH BRING TO INSANE BEHAVIOR [Sefer HaChinuch, #262]. One must guard himself to not act like the nations, for this will be like a trap [Midrash Sifri 81]. We may not emulate them in any way [Ramo, Yorah Daya 178:1].

You cannot find one qualified halacha [Torah-law] authority, who knows the cultural and medical implications of this trend, who will endorse deafening amplification on halachic or "mitzva" grounds. A mekubal [Torah mysticism authority] in B'nai Brak refers to the commercial "Jewish music industry" as traif, as a kilkul [spiritual deterioration] and as a sin for which our generation is punishable. I am not revealing the punishment, but it is severe and has widespread destructive implications for our entire population that has already started to happen.

The audience is probably empty of any sanctioned Jewish "culture" or serious education in music. How many ever heard a Cantor Yossel Rosenblatt recording or a Beethoven symphony? How many formally studied music composition or orchestration? How many have heard recordings of simcha music made before rock 'n roll (the music being milder, flowing and melodic in both ensemble and solo playing; the tie to spirituality much more clearly evident; all instrumentation being non-amplified)? Our generation does not know any better, "kvelling" over so-called "Jewish music," and not seeing the contradiction of this "Jewish music" being used as a genuine and effective "weapon." You just tell them it's Tehillim or Moshiach with an electric guitar or a Casio and they get excited. Worse, they get "frum excited." After all, "it's laibedig!" and "it's holy," right? Most people in the audiences mindlessly take what the musicians dish out. Besides damage, callouness to the chorban and emulating secular culture; this probably also contributes to violating the sins of bittul zman [wasting time], baal tashchis [destroying worldly resources], bittul momon [wasting money], bittul kavod habrios [negating human dignity] and, for men, bittul Torah [negating learning]. Going around in circles having inner ears blasted is no mitzva. It is a serious sin to cause - or permit yourself to receive - damage.

King Solomon says, "The wise person fears and turns from evil and the imbecile strengthens himself to do sin with confidence" [Proverbs 14:16]. No wise person will do anything for which he would get punished [Rashi] and the fool who sins will slip and fall [Targum Yonason]. A wise person will calculate everything he does, before ever acting, to see if any sin will come from it [Rabainu Yerucham, Da'as Torah]. "Who is wise? The one who foresees the outcome" [before deciding or doing a thing; Tamid 32a]. Only when fear of sin comes before chochma [wisdom] does chochma endure; and one should always weigh the pleasure of a sin against the cost of its punishment [Pirkei Avos]. The gemora [Suka 30a] tells us that THERE IS NO MITZVA IF IT COMES THROUGH A SIN. THE ACT REMAINS A TOTAL SIN. So-called "mitzvos" at simchas are actually contradictions if any one is ever injured through them. They are avairos [sins] that are erroneously called "mitzvos," and loud simchas can do serious and widespread damage. THOSE IN ATTENDANCE DON'T KNOW THE DAMAGE THEY ARE SUBJECTING THEMSELVES TO. Isn't it ironic that simchas can be sins and people coming to them, expecting to do mitzvos, get punished? It's like rain on Sukkos - Hashem is displeased with the level of our service. Our priorities, values and judgement have gotten warped. When society makes "simchas" that can harm attendees, and this has become a widespread and accepted custom, it is a case of what Avraham our father said to Avimelech [Beraishis 20:11], "There is no fear of G-d in this place."

The Torah has kedimos [clear orders of priorities]. If one cheats to have money to give charity, if one does kindness in the neighborhood and thereby neglects his or her own family, if one makes newliweds happy by dancing while harming people with amplified music, priorities are warped. There are basic, universal requirements [e.g. halacha, derech eretz and good midos] and there are "extras" [e.g. minhagim, segulos and chumros] for people who want to be extra stringent or pious. But, ONE MAY NOT DO "EXTRAS" AND LEAVE OUT OR VIOLATE TORAH BASICS. It is only legitimate to do extras when all of the basics of Torah are completely fulfilled. Then you can add something meritorious that is EXTRA. When extras cause one to omit, skip or violate basics; extras are not legitimate, and may be avairos [sins]. This is SUBSTITUTION FOR TORAH, NOT AUGMENTATION OF TORAH! Extra effort to make a simcha that violates Torah prohibitions against hurting or damaging, or neglecting to safeguard against hurting or damaging, is not service of Torah. If the extras are actual avairos, they are all the moreso illegitimate and evil. If Torah is flawed, it is not the Torah of G-d. This is only human shortcoming. "Toras Hashem temima [Tehillim 19:8, the Torah of Hashem is perfect]."

Yosef's brothers sold him into slavery and he later became Prince of Egypt. After Yaakov (their father) died, Yosef's brothers feared vengeance. He told them not to worry and that he understood his getting to Egypt had been G-d's plan. Rabainu Bachya [to Genesis 50:21] asks: if Yosef forgave his brothers, why were the "asara harugay malchus [ten martyred sages]" killed by the Romans to atone for the brothers' sale of Yosef? How could there have been such a tragedy? Since Yosef only comforted them, but did not express directly that he forgave them, Heaven considered the forgiveness to be insufficient. When one wrongs another, the victim must explicitly express forgiveness in order for Heaven to consider the forgiveness effective. If musicians hurt people hundreds of times each year, year after year of their "careers," since they never receive explicit forgiveness from EVERY person they ever hurt, they subject themselves to punishments from Heaven of frightening and tragic magnitude. In contrast, the Shulchan Aruch [Orech Chayim 231] says that if one intends everything he does for the sake of Heaven and if everything he does is the will of Heaven, he is doing service of G-d at every moment of his life.

THE SERIOUS DESTRUCTIVENESS OF LOUD AMPLIFICATION AT SIMCHAS,
PART EIGHT [Conclusion]: TRUE SPIRITUALITY AND PURE MITZVOS

In the first seven installments, we spoke of how amplified music at simchas has become widespread and gotten so loud in recent years that more and more people are being caused suffering and damage to their ears and hearing, being caused incurable and often permanent injury (e.g. "tinnitus" - loud ringing in the ears, dizziness or pain in the inner ears, etc.). We spoke of how it is a mitzva to protect health, how it is forbidden by halacha [Torah law] to cause hurt or damage and how it is an obligation in halacha to guard against causing hurt or damage. Caring for health is a Torah obligation that requires unusually extreme stringency and diligence, and taking no chances. We spoke of how causing damage to ears and hearing are strongly and specifically prohibited by halacha. We spoke of how the so-called music and loud amplification are of non-Jewish derivation and are physical in their essence with a false "mask" of spirituality, violating the Torah commandment never to go in non-Torah ways or culture, including modes of entertainment. We spoke of how this culture of noise serves musicians' self-interest because the immature in the audiences consider loudness "laibedig [lively]" and they hire bands who they remember as being "laibedig" when they make their chasunas subsequently. We spoke of how it is anti-Torah and destructive to let the immature determine cultural trends. We spoke of how we should train youth that loud amplification causes serious ear damage, that the Torah strongly prohibits causing harm and that they should have contempt for musicians who would harm people. The perpetrator of inner ear damage could be liable to suit in bais din and is punishable by Heaven. Even if a person asks the perpetrator to cause him damage, the perpetrator is fully guilty and responsible for harming, because halacha considers one who agrees to be damaged to be out of his mind (no one normal would want it). We brought the gemora showing that the more noise something has, the less wisdom there is to it and the more emptiness there is to it. We brought from the Maharal showing how the more a thing is in motion, the more a thing is physical (noise is vibration of sound waves - pure motion), and that the truly spiritual is at rest. We showed that true Torah simcha is never noisy, it is calm and spiritual. We showed that if a thing truly is Hashem's will, He will send halachicly permissible means to do it and that there is no mitzva that comes through a sin. We showed that if a thing bothers or hurts even one person, halacha prohibits it and the offender must be stopped. We showed that a host takes responsibility to see that his invited guests are safeguarded from harm and that a musician has a "weapon" in his amplifier from which the public must be protected. We showed that no one has a right to earn a living by damaging people. We showed that halacha requires having experts establish criteria for distancing any cause of harm from people. In our case, ear doctors in conjunction with rabonim would determine safe and comfortable volume level limitations for protecting people from noise trauma and amplification damage at Jewish functions.

"Tradition is a fence that safeguards the Torah" [Pirkei Avos, chapter three]. Mesorah tells us how we understand our texts and practice Torah. There is no source or tradition for unbearably loud amplified music as a way to celebrate or conduct any simcha. This eight-part series shows that this "culture" of harmfully loud amplification is non-Jewish in origin and VIOLATES halacha [Torah law] and mesorah [Torah tradition] in MANY WAYS. Since "There is nothing new under the sun" [Ecclesiastes 1:9], anything "new" must be suspected as not being a genuine "thing." Good and meaningful "things" are those which have been around for centuries, in the Torah. If a thing is valid, even "modern" things, the timeless holy Torah always at least alludes to it.

Here we have a situation in which laymen are crafting Jewish "culture." There is no halachic basis, origin or justification for inventing a commercial Jewish "music industry," especially since its deafening loudness and much of its physically stimulating rhythm is based on a tasteless secular "spiritually poisonous" music industry, and since it has potent and widespread power to cause serious medical damage to very many people, steadily and systematically, on occasion after occasion. Laymen; whether commercial musicians with self-interest, immature bachurim [youth], or baal habatim who don't know the Torah or medical implications of loud music; certainly cannot innovate for Jewish society. Only rabonim, the scholars who are our Torah leaders, can determine what conforms with the mesorah and what is acceptable to adopt into Jewish life and practice.

A traif and widespread trend was born, and brought in from, "outside." Youth consider loudness "laibedig [lively]" and commercial musicians cater to youth because the youth are a base of future customers. These are the same immature, silly and egocentric youth who substitute 1) "shtik" or "dancing in the middle," which they do at simchas in order to be thought of as great shiduchim [prospective marriage partners], for 2) becoming fine and mentshlach people who would genuinely make great, mature and responsible shiduchim.

The Torah has compassion on the property of a Jew [Yoma 39a] and "kal vichomer [all the moreso]" the Torah has compassion on the body of a Jew [Bartenura, Krisus 6:3]. The Torah commands "hashavas avaida [returning the lost property of a Jew;" Exodus 23:4, Deuteronomy 22:1-4]. Kal vichomer [all the moreso] YOU MAY NOT CAUSE A PERSON TO LOSE WHAT HE HAS (e.g. hearing, physical well-being)! Sefer HaChinuch [The Book of Mitzva Education] counts "hashavas avaida" as TWO of the 613 mitzvos: 1) to return the lost property [#538] and 2) not to hide yourself from the other person's loss [#539]. Sefer HaChinuch says this is mandatory for the maintenance of civil life. Musicians and hosts can not hide from their responsibility to not hurt people's bodies (especially since the damage and loss can be severe, painful and/or permanent) and to not cost them money (by sending them to doctors and pharmacies), etc. The musicians have TOO MUCH POWER TO DAMAGE CIVIL LIFE.

"Simcha" that does damage is not simcha - and is not an option. Jewish musicians and hosts should not want anything they do to be responsible for even a small risk of "even maybe" harming anyone. They must accept responsibility to safeguard anything they do from the slightest possibility of causing harm to anyone - beyond any doubt. For hundreds of years unamplified instruments and maturity made an event truly into a mitzva and a joy, with no "bad side effects." True joy is inside the Jewish soul, not in the amplifier. A "need" for noise is physical, not in the least spiritual. If one can't feel joy inside, and calmly, independently of outside stimulation, then the part of him that can know simcha is broken or undeveloped. He needs a therapist (or a lot of growing up), not noise.

If you want to argue that the angels serve G-d with ra'ash gadol [great noise; Ezekiel 3:12-13, Siddur "Yotzer Or"], and that we should emulate angels, be reminded that angels are spiritual and do not have fragile physical inner ear structures. All the noise they can make in Heaven won't cause damage. Noise made on earth can cause damage! SERVICE OF G-D DOES NOT DAMAGE, AND NO VIOLATION OF SHULCHAN ARUCH [Code Of Law] IS SERVICE OF G-D!

One of the ear doctors I interviewed about ear damage gave the measure of "how low" the volume must be. If two people are talking in a normal voice at a distance of ten feet apart [three meters], they should be able to hear EVERY WORD CLEARLY, AND, even with this, there must be no one present complaining of any ear discomfort in any way. If EVEN ONE PERSON [e.g. an older person, someone with sensitive ears, someone whose ears were injured from a previous simcha, etc.] has any discomfort, the volume MUST IMMEDIATELY be lowered to accommodate him or her. THE WEAKEST PERSON THERE DEFINES THE MEASURE (not "a majority," not the host, not a musician). If anyone has a question about their ears being hurt at an affair, they should immediately ask the baal hasimcha for lower volume or they should ask a rov or respected person who is present to speak to the baal hasimcha to have the volume lowered. Failing that, they should immediately go home. The human ear is not made for such loud volume. Inner ear damage is often painful, "life impacting" and irreversible. One must never expose an ear to more than it was made to take. Doing so is no mitzva, it is destruction.

Let us make our life milestones into true simchas and pure mitzvos, with no bad aspect. Let us get back to a sane manifestation of calm spiritual joy at our simchas. Instead of damaging an attendee's ability to be happy afterwards - due to chronic and incurable hearing loss or ear pain - let the only lasting impact of a wedding be a happy marriage for the new couple, and let the only remnant of a bar mitzva be a youth who is thereafter fulfilling the will of his Father in Heaven. That way, we all can be closer to that noble goal of truly fulfilling the will of Hashem with mitzvos that are genuinely and fully mitzvos.

LETTER FROM A LOUD MUSICIAN AND RABBI FORSYTHE'S REPLY

This section is essentially composed of a letter, received through my website, from a writer who identifies himself as a musician for a Jewish orchestra which plays at simchas, and my reply to him. The letter is reproduced here intact, except for the part that identifies his name and the name of the orchestra for which he works, and that he plays an electrically amplified instrument. These elements were removed so as to not publicize his identity.

You will note the many spelling, grammar and punctuation errors. This tells us that the person is careless, lacks any sophisticated education and lacks discipline. The writer is also quite rude. For example, he changes the name of a paper in which I write a weekly column in a disparaging manner. He promises, with sarcasm and chutzpa, to never invite a rabbi to a rock concert by a band known for immodesty and ear-blasting loudness.

To the extent that this selfish fellow is representative of the so-called Jewish musicians today, we are in serious trouble. He is absolutely ignorant of Jewish law, the medical ramifications on people of his actions and his responsibilities as a member of society. His attitude cries out for aggressive and effective striving and action to end the contemporary culture of dangerously loud music at all public gatherings.

The Torah says, "vinishmartem mi'ode lenafshosaychem [you shall exceedingly much guard your well-being," Deuteronomy 4:15]. I point out to people that this is the only mitzva in the Torah which says "mi'ode" [to do a thing exceedingly much]. The Torah does not say to keep shabos or kashruss "mi'ode." It only says to do a mitzva "mi'ode" with the mitzva of safeguarding your health. It is the one mitzva that has G-d's own endorsement to be extra careful. In our context, then, it is imperative to do all that one can to protect health from loudness-induced bodily damage. The Torah also says, "Do not stand idly by the blood of your brother [Leviticus 19:16]." The Shulchan Oruch [Code of Law] specifies that this includes every form of saving another person from any personal harm or from risk of harm [Choshen Mishpot 426:1, 427:1]. These mitzvos make it unequivocally clear that each is obligated to guard aggressively against anything which can subject oneself or another to harm. This includes active protecting against the causing of the many possible forms of life-impacting medical damage and suffering that can arise from overly loud amplification.

One Bikur Cholim society (which tends to matters of sick people, health and safety) is considering an awareness campaign. It is seeking to collect letters from doctors stating how, from their work experience, they can testify how loud amplifcation is a genuine health hazard, so that these communications can be worked into booklets and mailings to warn people against making or attending events with loud amplification. If successful, the plan calls for extending the startegy to other bikur cholim societies in the area and other health related organizations. Similarly, the public is urged to be creative and come up with ways to make the public aware of the dangers of loudness and to fight against it agrressively. Loud amplification is pointless, destructive and unjustifiable. It is not NOT a matter of how many instruments a band has, either. It is a matter of decibels. If loudness exceeds about seventy decibles, if two people are speaking in their normal voice about ten feet apart and each cannot hear every word clearly, the amplication can be dangerously loud, expecially for extendeed exposure. One man with a big amplification system can do considerable damage.

The text of my reply is reproduced here in tact. The only thing I changed was reference to the writer's name. My reply was designed to instructively delve into the Torah to utterly take apart every one of this musician's fallacious, reprehensible, dangerous and self-serving points. This will serve to effectively show the public that any argument for loud amplification is empty and immature, without any Torah or medical justification or basis and subjects countless people repeatedly to danger, serious and purposeless life-impacting harm.

Communication: I have read a few articles that you have written for the Jewish Depress about loud music at weddings.If most of the guests are young and full of energy ,why must the band play soft elevator music just to satisfy one or two old people.I think the majority should rule. In general, I always find that the people who complain about volume are sitting right underneaththe speakers ? Does that make sense to you ? If someone finds the music too loud they should sit further away from the band.

And I was also curious about you.Why do you seem to have such a vendetta against loud music ,so much so that it seems you have put so much time into your articles. I read some other things that you wrote on your website about shidduchim and your articles are brilliant and I enjoyed them but I disagree with the things you say about loud music. You are missing the point.Yes it is true that very loud music and especially high pitched feedback can be damaging to a persons hearing but most bands in new york are proffesional and have the ability to make the music loud and lebedik without causing harmful sound to come out. speakers are usually mounted on 8 foot high poles to distribute the sound evenly accross the wedding hall and so that nobody can walk directly in front and put their ear to the speaker (which would be dangerous) because the speaker is above their head.

I promise I will never invite you to come to a metallica concert with me

[name of musician]

Reply: BS"D

Dear [name of musician],

I will blee nedder respond to every component of your letter.

I made the point that weddings were one of many sources of noise, not the only one. Noise overall is dangerous. A head can carry a hat but cannot carry an 18 wheel truck. It would be crushed flat as a pancake. Fragile and irreplaceable inner ear structures can carry conversational sounds but, when exposed to loud measures of decibels, they are crushed like that pancake, whether the damage is at a simcha, construction site, from a home stereo or any other sources. Simchas are the most prevalent source of noise exposure in the Jewish world. We are a communal people and we share occasions, inviting many people under one roof for life milestones. Since this trend of noisy amplification came along, and has become widespread, that means just about everybody is vulnerable. The youth have not had as much exposure to loudness trauma so they do not discern hearing damage and it has not accumulated as much in the young as in older people. But young people are just as vulnerable. Ear damage comes in many forms, not just hearing loss. There is tinnitus (ringing in the ears, often permanent, constant and annoying, sometimes to a life-impacting extent). The sound-sensing cells are damaged and send sound messages to the brain nonstop, even without sound entering the ear. Imagine a fire engine siren soldered inside your head with no off switch. Sleep, conversation, peace of mind are ruined. It can be debilitating and has driven people to suicide. There is hyperacusis. The sensors that receive sound are destroyed so sound directly hits the nerve, causing discomfort or pain from hearing sounds. There is vertigo, dizziness (balance function is also in the ear). Young people will be exposed to further noises in their lives. They will have diseases or will take medicines which damage ear function or structures. Young people are every bit as at risk and subject to harm and progressive deterioration as anyone. If anything, they have more to accumulate against their ears so they are more foolish to be unprotected from noise. In halacha, anyone who wants something damaging done to himself is considered to be out of his mind [Choshen Mishpot 421:12]. No one in his right mind, who would know the harmful potential or consequences, would agree to subject himself to anything damaging, especially permanently, to himself. People just do not know [yet] how seriously dangerous noise is. Ear doctors repeatedly have people coming to them complaining of ear trouble, after going to simchas with amplification that is horribly loud. This is a truly serious medical matter in our machaneh. There is an entire section, among the six sections of Shas on Nezikin [Damages]. The subject is one sixth of the entire Torah Sheba'al Peh! It is brought as one of the four sections of the Shulchan Aruch [Choshen Mishpot]! Of all the kinds of damage one can cause against a person, which is considered to be the greatest cause of loss? Hearing [Rashi to Bava Kama 85b and brought lehalacha in Choshen Mishpot 420:25]! Loud amplification at simchas is widely considered "laibadig [lively]" by the youth, but loudness overwhelms delicate inner ear structures that bring sound from the air into the nerve and then to the brain. If these fragile structures are traumatized and destroyed, they do not re-generate and this can bring several irreversible health disorders. There are about 50 million Americans, about one in five, who have noise-induced ear damage. About ten million suffer enough for it to negatively impact their lives. About two million are incapacitated by it. Do you know that there are organizations dedicated to problems and suffering related to ear damage; such as the American Tinnitus Association, American Speech-Language-Hearing Association, and League For The Hard Of Hearing. These are not just for one or two old kvetches. There are populations of all ages who, substantially through noise exposure, have been permanently damaged.

How many ear doctors, audiologists, mental health professionals (who specialize in negative impact of noise damage on human functioning) or rabonim who specialize in halachos of damages have you interviewed or studied under? How many dozens of ear doctor or audiology journals or text books have you researched? How much of Choshen Mishpat in halacha and Seder Nezikin in Shas are you an authority in? What are your observations in detail about the United Nations report on noise as an overall threat to human well being?

If most guests are full of energy, they should form a basketball game, not attend a chasuna. The Mishna Brura [560:16] says that because of "zaicher lechorban [remembrance of the destruction]" we must minimize klee shir [musical instruments] and "ain lismo'ach biyoser [don't overdo it making simcha]." One who does not tone down a simcha violates the halachic obligation to remember the chorban in practical life. Rabbi Moshe Bick, z'l, said that at a wedding we must minimize instruments and at any other function we cannot even have ANY instruments because of this halacha! Orchos Tzadikim refers to simcha as "shalva bilaiv [calm in the heart]." Noise indicates inner emptiness [Bava Metzia 85b]. Torah simcha is calm inner joy, in appreciation of a spiritual milestone.

Loud amplification comes right out of the rock culture of rebellion and chaos of the late '60s and 70's. It never existed before then. There is no Torah-mesorah for it, no justification for its entry into the Jewish camp. Therefore, one of the major halachic grounds for objecting to this insidious and intrusive abomination, wearing a phoney "mask" of "simcha" or "mitzva," is the Torah verse [Leviticus 18:3], "Uvichukosaihem lo saylaychu [do not go in the ways of non-Torah culture]." These turn one away from serving Hashem, and this includes to NOT GO IN THEIR WAYS IN THEATER OR ENTERTAINMENT, WHICH BRING TO INSANE BEHAVIOR [Sefer HaChinuch, #262]. One must guard himself to not act like the nations, for this will be like a trap [Midrash Sifri 81]. We may not emulate them in any way [Ramo, Yorah Daya 178:1].

If playing within limits of energy and loudness bothers you, go learn about the physical [medical, audiological, sociological, psychological] realities and the Torah [halachos, chazal, hashkofa, morals and midos] of the subject. It is not one or two old people who dislike loud amplification. Many people of all ages can't stand the noise, the inability to speak or be heard, the pain in their ears. All you base your statements on is your self interest - to feel like a big celebrity, greed, ego. Everything I wrote I researched, documented, checked with ear doctors, audiologists, rabonim [poskim, dayanim, roshai yeshivos] and mental health professionals who work with noise-induced damage including raised blood pressure, stress, learning and concentration interruption, rest disruption, etc.

Jewish practice goes after the old, not young. The gemora [Megila 31:b] tells us "If mature people say, 'Destroy,' and youth say, 'Build,' destroy and do NOT build, because destroying by the mature is building." Listening to youth violates our mesora [tradition] of being guided by the learned elders of each generation. When the youth say to have loud music, this literally destroys. The ear doctors interviewed for my writings have a constant flow of patients coming who say they went to a chasuna/wedding and their ears haven't been the same since.

Whenever a question comes up in Torah, the Torah says to go to the zekainim [elders]. When G-d told Moshe to get the people ready to receive the Asserress HaDibros [Ten Commandments], G-d said to get together 70 zekainim. When Moshe needed help managing the people complaining about having no meat, G-d told Moshe to get 70 zekainim. Par he'elam dovor requires zekainim. Egla Arufa requires zekainim. Chalitza requires zekainim. When Boaz wanted to inquire about who should do yeebum for Rus, he went to bais din. Mitzva after mitzva in the Torah says to go to the elders, base and determine Torah by the mature and learned - never the young or the layman. Everything you have said is nothing. In backward societies with no industrial noise and no amplification, elderly people have been found to hear as well as the young. If older people in our society complain, it is because of the likes of you that they have been caused to suffer.

When you say majority should rule, that is democracy, not Torah. The Torah says, "Acharay rabim lehatos [go after the majority]" ONLY referring to Sanhedrin or bais din, who are deciding a hachra'a, p'sak or takona. Only ordained, expert rabonim with smicha, who have da'as Torah, shimush [training under an expert] and yiras Shomayim have any voting rights and only in official halachic contexts. Sanhedrin and bais din are always composed of an odd number so that there is never a tie vote. No layman has any voting power at all in Torah. That is a Greek idea. Did you ever light a Chanuka candle? You commemorate G-d's defeat of Torah over Greek philosophy, from which Democracy comes. Chanuka celebrates G-d's miraculous termination of the Greek empire. His help was His gift to our people. Read the text of "Al HaNissim" [the prayer added on Chanuka]. Study history - there was nothing more of the Greeks as a significant power or civilization after our defeat of them. Chazal say that Yovon [Greece] is spelled with three linear letters that descend from the top of the writing line: yod, vov and end-nun. The yod goes half way down, the vov down to the bottom writing line and the nun goes below the writing line. This teaches that the further in to Greek philosophy you go, the lower you sink. If you light a Chanuka candle and believe in majority rule outside of a Torah court, you are a hypocrite, a liar about your belief. Democracy for you is avoda zara. When it comes to harming, Democracy is not even relevant. You are not allowed to harm even one person. This is a subject area in which most people don't realize the harm. Between Torah and the Greeks, Torah wins - and always will. This means: you can never do something if even one person is harmed.

Danger is not just near the loudspeakers, on or off an eight-foot pole. Once the decibel level is too loud, anywhere in the hall is dangerous. The louder the noise level, the further one can be from the speakers and the shorter the exposure time needs to be for permanent damage to be done. Ear damage is referred to by audiologists as coming by the "three p's:" painless, progressive and permanent. Noise is invisible but nevertheless effectively destroying people's bodies and functions. Once gone, these never come back. What you are saying is the equivalent of saying, "If I shoot someone with a 38 instead of a 45 pistol, he shouldn't be dead." No. Once there is the power to kill, any gun can kill, bigger or smaller. Once volume is over about 80 decibels, depending on variables such as how frequent or lengthy the exposure, how sensitive the individual is and how loud the volume is, permanent life-impacting damage can possibly be done in mere minutes. Every time you add five decibels, the time needed to cause permanent damage decreases by half. Since decibels increase logarithmically, increases are not simple multiples. For example, ten decibels is a 100 multiple increase. Simcha amplification can approach being 1,000 times louder than a conversational human voice. The inner ear is not made to handle these overwhelming levels and inner ear structures receive the noise as trauma, capable of permanent destruction. It is like losing arms - they don't grow back. The loudness is capable of causing pain in the ears and makes people shout to be heard in conversation, so their throats end up also hurting. At a typical chasuna, permanent damage can be done in less than a half hour, possibly in a matter of minutes. If it weren't for the issurim of moser and chilul Hashem, you could have OSHA sent after you for a Federal crime or police called and authorized by law to force you to stop. Loudness at or above 85 decibels in a work place is illegal because it is a recognized hazard to workers, in this case to waiters, caterer personel and, yes, your fellow musicians! OSHA is considering dropping the legal limit from 85 to 80 decibels. Even at 80, sustained exposure has been found to be damaging enough to merit reconsideration of the legal decibel limit. When the level is 100-130 decibels, as it commonly is at simchas, anywhere in the room is dangerous. Eight foot poles for speakers with three figure decibel levels does not stop the loudness from being a weapon. When you say, "You are missing the point," you fulfill the gemora [Kidushin 70b], "All who delegitimatize without Torah substantiation, do so with their own blemish." Have you no feeling for anyone but yourself? Where are your priorities? It is a serious avaira to harm, an evil mida to be cruel or even to be indifferent to bad being inflicted on someone. Even if it somehow were a mitzva to make lebedig with loudness [which is not at all the case], the fact that it harms would prevent it, as the gemora [Suka 30a] says: there is no mitzva if it comes through an avaira. Kal vichomer loudness is assur, since it is no mitzva at all and it is very damaging. You say you have read my material on shidduchim. If this suggests that you are single, you might benefit from knowing that it is halacha to stay far away from marrying anyone with cruelty, audacity or who refrains from bestowing kindness on others [Evven Ha'Ezzer 2:2]. Maybe, having these traits, G-d considers you unsuited and unready to bring you to marriage with a bas Yisroel.

Since we are social people, everyone goes to simchas. Our entire community is subject to serious, recurrent and progressive harm. It is an obligation to save others from harm, to warn about causes of damage. When Yosef Rosenberger went around in the 40's, 50's and 60's teaching everyone of the disregarded mitzva of shaatnez, was he on a vendetta? When the Chofetz Chayim made everyone aware of disregarded halachos of lashon hora, was he on a vendetta? When Avigdor Miller made everyone aware of how much they should appreciate Hashem, was he on a vendetta? When City ambulances took too long to come to help people in critical condition and Rabbi Hershel Weber founded Hatzalah in '65, was he on a vendetta? The gemora [Shabos 31a] says that salvation from trouble is directly related to the preventing of damages. Harmful interpersonal failing is what caused our lengthy exile [Yoma 9b]. A generation guilty of widespread damage keeps us in galus [exile] and blocks the coming of ge'ula and Moshiach [redemption and Messiah].

The Shulchan Aruch says that if one sees a Jew in danger and can save him, or can have others do something to save him, or knows of someone planning to do something harmful and he can convince him [the one who plans to cause harm] to refrain, he is obligated to do all he can [Choshen Mishpot 426:1]. If he does not act, he violates the Torah commandment, "Do not stand idly by the blood of your neighbor" [Leviticus 19:16]. If one witnesses, or knows of, something which can harm a Jew, he must act, or at least protest, to do all he can to save the Jew from harm. All who violate any matters pertaining to harming, endangering, injuring or refraining from protecting or from rescuing a Jew; and says, "I have my own problems and misfortunes, what do I care about others in regard to this?" or tries to excuse himself by saying "I am not strict regarding this, for things done against myself," bais din is obliged to give this selfish, indifferent person lashes. The one who is cautious in all of these things will receive wonderful blessings from Heaven [Choshen Mishpot 427:10]."

Why are you on a vendetta to injure hall-rooms full of hundreds of people day after day? I, Baruch HaShem did not know what Metalica means. Asking around, I found a non-religious youth working in a store who said it is a loud rock band. If you could even put a wise-guy line like that into a letter to a rabbi, you show you have absolutely nothing of substance to say, except what suits your personal interests. You do not know what you are talking about, neither in the worldly nor Torah elements of the matter. As the gemora [Bava Metzia 85b] says, the noisy person is empty. Wisdom is quiet. The more you advocate loudness, the more you delegitimize yourself and you have in effect told me to warn everyone in the world to stay away from Negina Orchestras like staying away from a quarantined house with an infectious disease. This is not lashon hora [slander], it is warning against a bold, brazen, egotistic and selfish potential causer of irreversible medical damage to thousands and thousands of people, year after year, over the course of time.

HoRav Dovid Feinstein, Shlita, a gadol hador, said that strong effort should be put into prevailing upon musicians, caterers and baalai simcha [hosts] to stop loudness which is at damaging levels. Do you want to send him a wise-cracking letter about vendettas and Metalica, how some things he says are brilliant but in this "You are missing the point" [chass vichalila]?

I have never received more mail, letters to the editor or e-mails than about the loud amplification subject. People out there never before voiced it in any pro-active manner, but there is much popular feeling against loudness at functions. This series is bringing people "out of the woodwork," from people who suffer pain at simchas to doctors and mental health professionals (who treat patients or who want to warn of serious noise-induced dangers) who have communicated from all over the USA, Canada, Britain and Israel.

Since everything I wrote was documented, your not seeing it is a lack of ability and/or will to read what is there, except what suits you. I substantiated everything with objectivity and facts. Material was checked - and praised - by rabbis, ear doctors and audiologists. Except you, every expression from the public of feeling about the series was favorable and appreciative. One reader called it a "masterpiece," another called me a "rabbinic leader," another an "innovator," others expressed gratitude. I could go on but my goal is not to brag about the series' praises, just to convey that you are altogether and exclusively the odd man out. You claim to be "proffesional" [notice misspelling]. You claim to know how to be lebedig without hurting hearing. This is a fantasy. You know nothing of audiological or medical implications of noise and just want to be heard so much that everyone in the hall should know your name, in the hope of being hired by everyone present when they make simchas. Professional is just a word in your case, empty of meaning as it relates to anything beyond "damaging commercial noisemaker." I don't know what your skill level as a musician is but I'll guess that the late world-renowned pre-rock-era guitarists Andres Segovia, Eddie Lang and Django Reinhardt, whose recordings are sought-after collectors items, had a thing or two over you in technical skill and discipline. How many, from all over the world, will hunt in for recordings of you, to study as well as to listen to, 75 years from now, assuming they even know you ever lived? How many of your recordings will be auctioned in 75 years, and bring in huge amounts of money?

The Torah stands through all generations and applies in all matters of life. Torah must be learned with diligence, integrity, yiras Shomayim and shimush [training under an expert rov] before one can have a valid opinion, or make a valid judgement, on any question. This loud music question takes in many areas of halacha: irreversible damage to body and human function, causing people pain in their ears and in their throats from screaming over the loud "music," going in the ways of non-Jews, zaicher lechorban, the bad mida cruelty, not doing tshuva, not receiving the forgiveness of people who musicians damage, the obligation to warn about and rescue from causes of damage, not conforming to the Torah definition of simcha, and prologing exile through interpersonal sinning. Loudness is an invisible, progressive, incremental cause of physical and spiritual harm and deterioration. There is absolutely no makor [Torah source] for a commercial music industry at all, the way we have it, with some new "sensation" coming out every few days to the point where it is a joke. This one is the best to come around in the last month, that one the best in a year, the next the best in ten years, the next the best to come out in the last two hours. A gambler is forbidden to be a witness in bais din because his work contributes nothing from his work to society. How much moreso is one invalid if their work causes people harm and pain and violates many de'Oraisos repeatedly. The "Jewish music industry" is an artificial profession, invented only since rock music came along, and has very many un-Jewish and questionable and impermissible elements in its very foundation and implementation. The general public does not know how much and how seriously noise can damage them, so people have tended to be passive about amplification. Since everyone in our community attends functions frequently, we all are in danger, everyone is affected, the repeated exposure multiplies the risk and increase of lifelong harm and suffering. Precisely because musicians couldn't care less about people, either keeping the music loud or turning it back up while scoffing right after a complainer walks away, the public must prepare to publicize the danger and evil of this amplification "culture," and battle the egocentric and hungry musicians who want their income, or prospect for stardom, built by professionally damaging people; amplifying loudly on a widespread, steady, self-justifying and self-glorifying basis; thereby endangering all of us.

I trust this replies to everything in your letter.

Sincerely,

Rabbi Forsythe

THE DESTRUCTIVE EFFECTS OF LOUD AMPLIFICATION AT SIMCHAS, PART ONE: THE FAR-REACHING DAMAGE CAUSED BY LOUDNESS

Amplified music at simchas has become widespread and gotten so loud in recent years that more and more people are being caused suffering and damage to their ears and hearing, being caused incurable and often permanent injury (e.g. hearing loss, "tinnitus" - loud ringing or squealing in the ears, vertigo - dizziness, hyperacusis - pain or discomfort from hearing sound, otodynia - ongoing pain in the inner ears, etc.). The pain of sound hitting damaged ear nerves can be like a non-healing wound that can get worse and worse from repeated trauma.

It is a Torah obligation in halacha to guard against causing any hurt or damage (to yourself and others). Caring for health requires unusually extreme stringency and diligence, and taking no chances. The mitzva to guard health ["nishmartem mi'ode lenafshosaychem;" Deuteronomy 4:15] is the ONLY mitzva in the entire Torah that says to do it mi'ode [extremely much]! Using amplifiers at damaging levels effectively turns them into "weapons" that genuinely assault the ears, the connections to the brain and the parts of the brain into which the ear connects.

The Torah has compassion on the property of a Jew [Yoma 39a] and "kal vichomer [all the moreso]" the Torah has compassion on the body of a Jew [Bartenura, Krisus 6:3]. The Torah commands "hashavas avaida [returning the lost property of a Jew;" Exodus 23:4, Deuteronomy 22:1-4]. Kal vichomer [all the moreso] YOU MAY NOT CAUSE A PERSON TO LOSE WHAT HE HAS (e.g. hearing or physical well-being)! Sefer HaChinuch [The Book of Mitzva Education] counts "hashavas avaida" as TWO of the 613 mitzvos: 1) to return the lost property [#538] and 2) not to hide yourself from the other person's loss [#539]. Sefer HaChinuch says this is mandatory for the maintenance of civil life. Musicians and hosts CAN NOT HIDE from their responsibility to not hurt people's bodies (especially since the damage and loss can be severe, painful and/or permanent) and to not cost them money (by sending them to doctors and pharmacies), etc. The musicians have TOO MUCH POWER TO DAMAGE CIVIL LIFE.

Dr. Eric Braverman is Director of Path Medical Center in New York City and an authority on the relationship between the brain and illnesses throughout the body. According to Dr. Braverman, loud noise can cause trauma that travels through the entire auditory system [ear, nerves, etc.] all the way back to brain where the loudness can damage the brain's Temporal Lobe, with serious and negatively life-impacting results.

According to recent research, tinnitus appears to be the result of faulty signal processing in the brain due to damage of nerves. Even deaf people, including people whose ear nerves have been removed because of cancer, can have tinnitus. In researching tinnitus, scientists had a dilemma. In people with constant tinnitus in both ears, it was impossible to tell normal brain tissue from damaged tissue. However, people with tinnitus in one ear had both sides of their brains studied with MRI's and PET scanning, allowing scientists to study the normal and damaged sides of patients' brain. By studying people with one normal ear and one ear with tinnitus, using modern brain scanning and imaging technologies, researchers found that there was less brain activity on the side of the brain with tinnitus. Many deaf people cannot hear from the ear, yet they perceived ringing in their ears even when their ears were dead. This indicates "hearing" tinnitus comes from brain. Researchers studied the brain of deaf tinnitus sufferers and found activity in mid brain, inferior collicus, brain stem and the auditory cortex. Sound seems to be heard in the ears but research at Harvard Medical School, Massachusetts Eye And Ear Infirmary and the Center For Hearing And Deafness at the State University of New York at Buffalo indicates the tinnitus comes from the brain.

Researchers hope that if abnormal brain behavior can eventually be linked, with sophisticated modern medical equipment, to precise locations in the brain, specific sets of drugs can be prescribed for that part of the brain, offering hope for lowering the tinnitus (there is no indication yet that full cure will necessarily be possible). For example, anti-seizure medicines hold hope for patients with abnormal brain activity in the Temporal Lobe, the part of the brain which processes the information brought into the brain from the ear.

Usually tinnitus starts after auditory trauma such as noise loud enough to injure ears (and/or brain tissue) and usually is accompanied by loss or muffling of hearing. Tinnitus can be heard in the head as so loudly that ten million Americans have life-impacting suffering, two million are debilitated by it and there are at least eleven cases on record of suicide due to the patients' inability to take the suffering.

This research means that loud amplification at simchas not only damages the ears, cochlea, inner ear hearing "hair cells," ear nerves and connections to the brain; as had been previously thought by experts. The damage travels all the way through the auditory system even CAUSING BRAIN DAMAGE! Continuing or permitting the loud amplification common at Jewish events is destructive cruelty to an insane level...and is more serious than previously realized! Experts now believe tinnitus is caused by faulty signal processing in the brain, in which the brain fails to correctly interpret information coming to it from nerves that have been damaged. Loud noise trauma, such as that from loud amplification, is one of the direct and common causes of this damage!

If one's ears begin to hurt or ring at an event with loud amplification, leave immediately - don't even worry about saying goodbye. Permanent damage is in the process of happening. You might go to a drug store and get ear plugs (with a MINIMUM noise-reduction rating of 22 decibels - the higher the number, the better, e.g. 25 or 32). Putting napkins or cotton in your ears is worthless - you must use real ear plugs. Get hearing tests regularly, even if your hearing is good. Ear doctors and audiologists can tell if hearing loss is due to loudness-trauma. If thousands of people are told by professionals that they have noise-induced hearing loss, Rachmona litzlon [G-d save us], they might be infuriated and spurred to unite, protest and force the complete stoppage of loud amplification. If people can show "before and after" hearing tests, this could be evidence for a case in bais din against musicians for causing ear damage. Maybe summonsing musicians to bais din, day in and day out, will make them stop, if only to stop the annoyance caused and public shame. Rabbis should teach practical halachos about bodily damage to congregants and yeshiva talmidim, emphasizing how loudness is damaging to ears or to hearing and that damage (even caused by noise) is forbidden.

Loudness is not "laibadig [lively]," as claimed by youth. Loudness is damaging, possibly gradually, and the damage is not necessarily discernable while it is happening. Youth have not accumulated the measure of inner ear bashing necessary to realize that their inner ear structures are gradually being killed or their brains are being damaged. They have not studied the medical or halachic elements of the subject, so they are not authorities worthy of any opinion on the subject, never mind having any right to be ruling our culture with regard to it. Their demand for loudness at simchas is foolish and destructive. The musicians catering to them is evil and perverse - and they also lack the medical and halachic knowledge necessary to merit an opinion.

We should unite and be active to get rabonim aware of and involved against this loudness epidemic. If you get any rabbinic letter or proclamation, publicize and distribute it as widely as possible. Mail copies to simcha hosts and guests, to orchestras and caterers, and to publications; place them in shuls, bring copies to functions, etc. You can disseminate copies of this series in the meanwhile.

One cannot claim that loud amplification serves any mitzva, even at simcha. The gemora [Suka 30a] tells us that THERE IS NO MITZVA IF IT COMES THROUGH A SIN. THE ACT REMAINS A TOTAL SIN. So-called "mitzvos" at simchas are actually contradictions if any one is ever injured through them. They are avairos [sins] that are erroneously called "mitzvos," and loud simchas can do serious, permanent, life-impacting and widespread damage. THOSE IN ATTENDANCE DON'T KNOW THE DAMAGE THEY ARE SUBJECTING THEMSELVES TO.

All who can should go to rabonim and gedolim [Torah leaders], discuss with them the serious halachic problems and explain to them the severe and lasting medical problems caused by loud amplification and get letters from halacha authorities prohibiting, and protesting against, loud amplification. We should approach our Gedolim [Torah leaders] for kol kora [halachic pronouncements] demanding an end to loud amplification at all Jewish events and locations. Mesorah [Torah heritage] and hanhaga [Torah practice] are never determined by the immature; they are only determined by the mature and learned elders of the Torah world.

THE DESTRUCTIVE EFFECTS OF LOUD AMPLIFICATION AT SIMCHAS, PART TWO: ONLY HIRE MUSICIANS WHO ARE "USER FRIENDLY TO YOUR HEALTH"

Only consider hiring a band that IMMEDIATELY agrees to safe, low and continually monitored volume. If the musician or band leader argues, or says he "can't do anything about loud amplification because that is what people want," don't even talk further with them. You don't even want to be exposed to his attitude. Tell them that you will tell everybody you know not to hire them because they have no concern for harming people or halacha, for the sake of money. Since there is to'elless [benefit] of saving people from harm, this is not loshon hora [slanderous speech].

There must be a contractual agreement IN ADVANCE OF THE EVENT and IN ADVANCE OF SENDING INVITATIONS (so the host can guarantee safety to all guests before inviting anyone!). The contract must require musicians to limit the loudness level. The musicians' idea of "low" volume is medically worthless. The advance-terms must ALSO require that if anyone is uncomfortable, volume will be PROMPTLY lowered to FULLY accommodate him, even if ONE PERSON'S SAFETY OR COMFORT DETERMINES THE VOLUME LIMIT for the entire affair. Many musicians wear ear plugs so that they do not hurt themselves, while they don't care about the audience or catering-hall workers. Therefore, PUT INTO THE CONTRACT THAT MUSICIANS CANNOT WEAR EAR PLUGS. State in writing that if they cause any harm, you [the customer] will be held blameless. Put the terms in writing and state them firmly in objective terms to the musicians in front of two or more kosher aidim [halachic witnesses]. If they violate any of these terms (e.g. if the volume limit is exceeded or if anyone uncomfortable is not promptly and fully accommodated), the musicians will NOT BE PAID a penny. The volume should be limited at ALL TIMES to the LESSER of 1. the level needed to enable two people to speak in their normal speaking voice at 10 feet apart and hear every word or 2. a volume less than 70 decibels. You can (and should) buy a small decibel meter at an electronics or chain store to monitor the musicians throughout the entire affair. If the musicians violate any terms, they will have no case against you for your not paying them. If anyone is damaged, it will be the musicians, not you, who are taken to bais din.

If you can't find a band who can comply with civilized, halachic and medically safe terms; you don't have to have musicians. Gather every Talmid Chochom or capable speaker you know and have them give divray Torah about marriage or the couple throughout the wedding!

There is another alternative that has proven successful. Hire a choir of young men who know the traditional songs and who have "Yiddisheh ruach [spirit]." At a sheva brachos or bar mitzva on shabos, a crowd can be very lively and happy singing. We can achieve the same thing at a chasuna on a weekday. The singers can form a nucleus, and provide impetus and a "formula" for arousing spontaneity, and getting people together. The choir can replace a band and get everybody dancing without instruments nor amplification at any simcha. To not defeat the purpose, all must be told NOT to scream while singing!

I have yet to meet any Jewish musician or singer who himself is a genuine Talmid Chochom, never mind one who can poskin Choshen Mishpot shaalos that pertain to loudness-induced damage; nor an ear physician, qualified to determine what is medically safe volume.

The musicians have a vested interest in playing loudly. The youth consider the loudness "laibedig" and are likely customers when they will make their own chasunas, if they are impressed with the noisy band. Left to their own self-serving devices, commercial musicians often cannot be trusted or reasoned with. Therefore, the musicians must be contractually bound from the beginning with clearly and objectively defined conditions on a firm and unequivocal "take it or leave it" basis. I once attended a bar mitzva and asked the musician to make the loud music lower. As soon as I walked away, HE MADE IT LOUD AGAIN. I asked him a second time. The instant I walked away, HE DID THE SAME THING AGAIN. I once was at a vort and asked the musician to make the volume lower. He simply refused and told me that I should keep away from the amplifier, as if that helped escape the room-filling electronic amplification. After a chasuna, I once told a "one man band" that his amplification was dangerously loud and could harm people. He thanked me for pointing this out and said he would keep his volume lower thereafter. Within a few months, I went to two more chasunas at which he played - at the same deafening volume! The one time a musician made AND KEPT the volume low when I asked was at a sheva brachos. He was a teenage Lubavitcher, a bit over bar mitzva age, who was playing for free and for the sincere sake of a mitzva, was not blinded by money or ego, and he personally had nice midos.

Let us make clear that we will not patronize damagers, even those substituting the name "musician," even those who play songs whose words are from Tehilim or are about newliweds. If I bash you on the head, but I use a gemora book to do it, am I off the hook for cracking your skull? If I give you food poisoning with kosher food, does that make the meal healthy? If I sing about Moshiach and the volume causes you permanent inner ear damage, pain and doctor bills, am I a tzadik [righteous person]? The worst yaitzer hora [evil inclination] is the one with payos! One of the most fundamental forms of sin is to cause hezik [harm or damage] and we are obligated to prevent all forms of hezik and to save people from them.

Everyone's earnings are decided by Heaven from Rosh HaShanah to Yom Kippur for the coming year [Baitza 16a]. A person must live within his means and be careful to not spend more than he earns [Rashi]. All ill-gotten gains, which do not come as a kosher GIFT FROM HASHEM, will be SEPARATED FROM THE PERSON [Bamidbar Raba 22:7]. This can come through severe trouble (e.g. major doctor bills, robbery, business or investment losses) or premature death. No one can exceed his decree from Heaven for parnossa [livelihood] and the decree ONLY applies to earnings that come through kosher means. If a musician earns money by hurting attendees at his jobs, he is earning money (as an "intermediary") for doctors, stock brokers, creditors, thieves or the funeral parlor.

The Torah [Exodus 22:21] tells us to never pain a widow or orphan. Rashi there tells us that a widow or orphan are only examples, and the verse is saying that we may NEVER HURT ANY ONE WITH ANY FORM OF VULNERABILITY OR WEAKNESS. At a simcha, a hall is filled with relatives, friends, neighbors and associates who feel socially obligated and compelled to stay for the duration. They are vulnerable to noise trauma from deafening loudness and are weak against the host or musician who refuses to lower amplification to a safe and comfortable level. This is no way to treat people. Not hurting attendees at simchas requires lower music volume throughout. Doing so is a CHEEYUV DE'ORAISA [complete and inescapable Torah obligation]. The gemora tells us [Shabos 133b], "Be like G-d. Just as HaShem gives graciously and is compassionate, you shall give graciously and be compassionate." This is not optional idealism, this is a practical requirement, as the Torah says, "Acharay HaShem Elokaichem taylaychu [go in G-d's ways," Deuteronomy 13:5]. The gemora [Sota 14a] specifically ties this verse to our being obligated to behave with kindness and doing only good for others. Sending more and more people (including those closest to us!) to ear doctors and causing potentially life-long, serious and irreversible suffering and damage is not kindness. It is destruction. We are a nation of builders and we build with GENUINE AND PURE KINDNESS, as the verse tells us, "Olam chesed yiboneh [the world is built by lovingkindness," Psalm 89:3]. Let us fulfill, "VoChai bohem [live by the Torah's laws," Leviticus 18:5] "and you shall not die by the Torah's laws" [Yoma 85b]. Participating at a simcha is a mitzva, but not if doing so is detrimental. Mitzvos are for doing good, not for harm.

THE DESTRUCTIVE EFFECTS OF LOUD AMPLIFICATION AT SIMCHAS, PART THREE: THE TORAH VIEW AGAINST HARMING AND INDIFFERENCE

The loud amplification of music at simchas commonly causes people harm and suffering. This danger is not restricted to simchas, either. This can apply at any function at which there is loud electronic sound amplification, for example: lectures, concerts, organizational meetings or conventions. However, simchas, such as weddings or bar mitzvas, are the most common examples of events in contemporary Jewish culture at which there is loud amplification. Ear doctors interviewed for this series have patients streaming to them (after having been to simchas) with pain, hearing loss, ringing in the ears and other negatively life-impacting, and often permanent, conditions.

Loud amplification at simchas and public gatherings can cause severe and incurable damage to the delicate and fragile mechanisms of the inner ear and nearby parts of the brain. Symptoms can include hearing loss, vertigo [dizziness], tinnitus [constant loud ringing or squealing noise in the ears] and discomfort or stinging pain in the ear, either constantly [otodynia] or from hearing sounds [hyperacusis]. People often do not know what danger they are vulnerable to from loud noise exposure - until it is too late. To permanently damage people like this is cruel, callous, immoral and forbidden; it is unacceptable to the Torah.

Tzar baalay chayim [purposelessly causing pain to an animal] is forbidden and seriously punished. Rabbi Yehudah HaNasi [who compiled the Mishnah] once spoke harshly to a calf. Heaven decreed excruciating pain on him for thirteen years for this [Bava Metzia 85a]. Sefer Charaidim tells us a woman became unable to have children. She went to the Arizal to ask why. He said that Heaven decreed this because she blocked a chicken from its food and caused it discomfort. If causing suffering to an animal is so severely punished by Heaven, kal vichomer [how much moreso] if we are cruel, unconcerned or hurtful with our human brothers and sisters! On the other hand, for "all who have compassion on G-d's creations, Heaven has compassion on him" [Shabos 151b].

"Midas S'dom [the trait of Sodom]" is a particular way of being evil that G-d hates. Pirkei Avos [chapter five] applies the term to a person who sees separation between himself (and his property) and another (and the other's property) by saying "mine is mine and yours is yours." Rabbainu Yona [commentary to Avos], writes that a person can physically give to another person, but the giving can be devoid of thought about the receiver. When one doesn't care about the other, his heart builds barriers between himself and others. Even if the person gives, by his closing himself off to concern about others, he brings midas S'dom into his heart. The Bartenura [commentary to Avos, based on Bava Kama 20b] writes that midas S'dom applies to a person who wants that others not benefit from what he is able to give. Midas S'dom is to be cruel and insensitive, to see to it another derives no benefit, to neglect others' needs, to see yourself as losing by another having good, to want another's well-being to be separated from you. The evil and perverse trait of Sodom was despised by G-d, especially after it became widespread and legitimatized as a social principle that spread throughout the community. G-d's response was to destroy Sodom. The sages prohibit midas S'dom [Eruvin 49a, Kesubos 103a]. They tell us that people of S'dom have no share in the world to come and that they had arrogance that came directly from good that G-d had given them [Sanhedrin 109a]. When one becomes arrogant, cruel or indifferent from blessing that G-d gives, this is midas S'dom. Torah requires giving, benefitting and caring about others. When midas S'dom becomes widespread and legitimatized, it undermines society [Rambam's commentary on Pirkei Avos].

Midas S'dom is what is happening with a "culture" of unjustifiably and destructively loud amplification at simchas. This is promoted by musicians, youth and hosts at simchas. This is the opposite of Yiddishkeit. Harmfully noisy simchas are no mitzva. One must never do anything wrong to do a mitzva. G-D WILL PROVIDE PERMISSIBLE MEANS FOR DOING HIS WILL. IF G-D DOES NOT AVAIL A HALACHIC MEANS FOR DOING HIS WILL, WE ARE FREE FROM DOING THE MITZVA [Rabbi Shimshon Rafael Hirsch, commentary to Genesis 24:8]. The gemora [Sota 21b] calls someone who does damage through "religiosity" a "chosid shoteh [pious idiot]." He will let a woman drown because it is immodest to look at a woman. The Mishna [Sota 20a] says that a chosid shoteh can destroy the world. The world was created in ten utterances by G-d, to multiply punishment for those who destroy the world, and to multiply reward for those who build G-d's world [Pirkei Avos, chap. five]. Someone who wants to make a mitzva of bringing joy to a baal simcha by hurting participants at the affair is a chosid shoteh who has midas S'dom, is a destructive and perverse imbecile, is evil in the eyes of HaShem and constructs his thinking on false, ignorant and invalid emotion-based reasoning which has no Torah mesorah [background/tradition], no makor [source], nor the endorsement of any halacha authorities.

As a guest, you should make coming to the host's simcha clearly on the condition that he keeps the volume at safe and comfortable levels. You must not speak to the host in a rude or angry manner. Your goal is protecting health and doing a mitzva, not fighting or insulting. Your tone must be sweet, gentle and peaceful, making clear that your concerns are medical and halachic. You will be speaking truth and keeping the mitzva to protect your health and to advocate for the health of others.

We are a nation of builders. True building is directed only by the mature, those who are wise - including in their approach to simcha. The sages make clear with the following analogy that where there is noise, there is no chochma [wisdom].

The gemora [Bava Metzia 85b] says that a jar with one pebble can make a lot of annoying noise when shaken. A packed jar, loaded tightly with pebbles, will not make any sound, no matter how much it is shaken. This is an analogy to wisdom [Rashi]. A person who makes noise is an empty person. A chochom [wise person] is one who acts regarding any issue with substance, quiet and calm; no matter how much he is "shaken." King Solomon equates wisdom with gentleness [Ecclesiastes 9:17]. The extent to which one's approach to something is quiet and gentle is the extent to which he has wisdom.

The Maharal writes that the difference between things of the physical world and of the spiritual world is that the physical is in motion and the spiritual is at rest. Sound comes from energy waves that are in constant motion. Noise is entirely physical. If the essence of wedding music is to "shake and bake," it is of the physical world, and its source is NOT spiritual - it is NOT Torah. Branding it "laibedig" or using words from the siddur does not make it kosher, any more than putting payos on a pig makes it kosher. It makes the payos traif!

The Mishna Brura [560:16] says that because of "zaicher lechorban [remembrance of the destruction]" we must minimize klee shir [musical instruments] at a chasuna and "ain lismo'ach biyoser [don't overdo it making simcha]." One who does not tone down a simcha violates the halachic obligation to remember the chorban in practical life and lacks sensitivity to its seriousness. Rabbi Moshe Bick, z'l, one of the gedolay halacha [Torah law leaders] of the previous generation, noting that instruments are only mentioned by the halacha for a chasuna, poskined that instruments are not even allowed AT ALL for any simcha except a wedding; and even at a wedding, instruments must be minimized because of remembrance of the destruction. Accordingly, there is no halachic permission to even consider hiring musicians for other events such as a bar mitzva, sheva brachos, vort, concert, organizational dinner or for recording an album.

THE DESTRUCTIVE EFFECTS OF LOUD AMPLIFICATION AT SIMCHAS, PART FOUR: GETTING TORAH PRIORITIES STRAIGHT AT SIMCHAS

We call a happy event a "simcha." What does the word "simcha" actually mean? It is the QUIET AND CALM INNER HAPPINESS that a Jew feels at a Torah milestone or celebration. It is spiritual. Once "happiness" is visceral or agitated, such as when derived from "hyper-amplified" rhythmic noise, it is no longer spiritual. Therefore, it is not "simcha," as the Torah defines it. Simcha is not dependent upon external, never mind physical, stimulation. True joy comes from inner identification with the spiritual meaning of the happy "life milestone" event being celebrated. The classic sefer Orchos Tzadikim tells us that simcha is "ABUNDANT CALM IN THE HEART, WITH NO TROUBLESOME ELEMENT." Simcha is not defined or enhanced by loudness. Torah simcha is characterized by INNER CALM. True simcha comes from within.

"Simcha" that does damage is not simcha. Damage with an explanation is still damage - and is not an option. Jewish musicians and hosts should not want anything they do to be responsible for even a small risk of "even maybe" harming anyone. They must accept responsibility to safeguard anything they do from the slightest possibility of causing harm to anyone - beyond any doubt. For hundreds of years unamplified instruments and maturity made an event truly into a mitzva and a joy, with no "bad side effects." True joy is inside the Jewish soul, not in the amplifier. A "need" for noise is physical, not in the least spiritual. If one can't feel joy inside, calmly and independently of outside stimulation, then the part of him that can know simcha is broken or undeveloped. He needs a therapist, years in full time learning under a genuine "gadol" or a lot of growing up. He does NOT need noise.

Much of the noise passing these days as "Jewish music" is putrid and non-Jewish in its origin. A hallmark of contemporary secular music is deafening loudness, obscene rhythm and physically stimulating beat. These are sometimes evident recently in much of the "frum" music, often during ensemble playing and particularly when soloists improvise. In my experience, most who are going about as musicians and chazonim are often hardly worthy of the titles, generally are unsophisticated in halacha learning and are arrogant. Many have no sense of, never mind education in, genuine fine music. They are "hacks" who get by in a society without musical training or judgement. Contemporary Jewish music modes follow the tasteless and deteriorating trend of the outside world, with lascivious and visceral foundations, and, worst of all, being presented as holy by the self-serving to the ignorant.

Therefore, one of the major halachic grounds for objecting to this insidious and intrusive abomination, wearing a phoney "mask" of "simcha" or "mitzva," is the Torah verse [Leviticus 18:3], "Uvichukosaihem lo saylaychu [do not go in the ways of non-Torah culture]." These turn one away from serving HaShem, and this includes to NOT GO IN THEIR WAYS IN THEATER OR ENTERTAINMENT, WHICH BRING TO INSANE BEHAVIOR [Sefer HaChinuch, #262]. One must guard himself to not act like the nations, for this will be like a trap [Midrash Sifri 81]. We may not emulate them in any way [Ramo, Yorah Daya 178:1].

The audience is probably empty of any sanctioned Jewish "culture" or serious education in music. How many ever heard a Cantor Yossel Rosenblatt recording or a Beethoven symphony? How many formally studied music composition or orchestration in a recognized music conservatory? How many have heard recordings of simcha music made before rock 'n roll (the music being milder, flowing and melodic in both ensemble and solo playing; the tie to spirituality much more clearly evident; all instrumentation being non-amplified)? Our generation does not know any better, "kvelling" over so-called "Jewish music," and not seeing the contradiction of this "Jewish music" being used as a genuine and effective "weapon." You just tell them it's Tehilim or Moshiach with an electric guitar or a Casio and they get excited. Worse, they get "frum excited." After all, "it's laibedig!" and "it's holy," right? Most people in the audiences mindlessly take what the musicians dish out. Besides cruelty, damage, callousness to the chorban and emulating secular culture; this probably also contributes to violating the sins of bittul zman [wasting time], baal tashchis [destroying worldly resources], bittul momon [wasting money], bittul kavod habrios [negating human dignity] and, for men, bittul Torah [negating learning]. Going around in circles having inner ears blasted is no mitzva. It is a serious sin to cause - or permit yourself to receive - damage.

Isn't it ironic that simchas are intended to be mitzvos and can be sins! Our priorities, values and judgement have gotten warped. When society makes "simchas" that can harm attendees, and this has become a widespread and accepted custom, it is a case of what Avraham our father said to Avimelech [Beraishis 20:11], "There is no fear of G-d in this place." The Kotzker Rebbe says that the yaitzer hora has two aspects: one tells you to do evil and the second tells you that it is a mitzva to do it.

The Torah has kedimos [clear orders of priorities]. If one cheats to have money to give charity, if one does kindness in the neighborhood and thereby neglects his or her own family, if one makes newliweds happy by dancing while harming people with amplified music, priorities are warped. There are basic, universal requirements [e.g. halacha, derech eretz and good midos] and there are "extras" [e.g. minhagim, segulos and chumros] for people who want to be extra stringent or pious. But, ONE MAY NOT DO "EXTRAS" AND LEAVE OUT OR VIOLATE TORAH BASICS. It is only legitimate to do extras when all of the basics of Torah are completely fulfilled. Then you can add something meritorious that is EXTRA. When extras cause one to omit, skip or violate basics; extras are not legitimate, and may be avairos [sins]. This is SUBSTITUTION FOR TORAH, NOT PRACTICE NOR AUGMENTATION OF TORAH! Extra effort to make a simcha that violates Torah prohibitions against hurting or damaging, or neglecting to safeguard against hurting or damaging, is not service of Torah. If the extras are actual avairos, they are all the moreso illegitimate and evil. If Torah is flawed, it is not the Torah of G-d. This is only human shortcoming and maaseh Soton [the doing of Soton]. "Toras HaShem temima [Tehilim 19:8, the Torah of HaShem is perfect]."

Yosef's brothers sold him into slavery and he later became Prince of Egypt. After Yaakov (their father) died, Yosef's brothers feared vengeance. He told them not to worry and that he understood his getting to Egypt had been G-d's plan. Rabainu Bachya [to Genesis 50:21] asks: if Yosef forgave his brothers, why were the "asara harugay malchus [ten martyred sages]" killed by the Romans to atone for the brothers' sale of Yosef? How could there have been such a tragedy? Since Yosef only comforted them, but did not express directly that he forgave them, Heaven considered the forgiveness to be insufficient. When one wrongs another, the victim must explicitly express forgiveness in order for Heaven to consider the forgiveness effective. If musicians hurt people hundreds of times each year, year after year of their "careers," since they never receive explicit forgiveness from EVERY person they ever hurt, they subject themselves to punishments from Heaven of frightening and tragic magnitude. In contrast, the Shulchan Oruch says that if one intends everything he does for the sake of Heaven and if everything he does is the will of Heaven, he is doing service of G-d at every moment of his life [Orach Chayim 231]. The Shulchan Oruch also says that one who is cautious about protesting against harm, or about striving to distance Jews from harm or danger, or about saving another Jew from harm or damage will receive wonderful blessings from Heaven [Choshen Mishpot 427:10].

HARMFULLY NOISY SIMCHA MUSIC: A DAAS TORAH PERSPECTIVE

There is a debate lately about whether musicians should play loudly or softly at simchas. Since equipment these days can amplify music very much, A ONE-MAN BAND OR FULL ORCHESTRA can play at such high volume that guests' ears can hurt for months after and neighbors down the street from a chasuna hall threaten law suits to close the noisy place that blares music nightly.

The arguments for playing loudly include technical reasons (acoustics of a wedding hall, loud musicians having to hear each other so their playing is coordinated or producing music that overpowers the volume of talking guests), aesthetic reasons (I am an "artist") and business reasons (if younger folks, with more tolerance for high volume, like the band and consider them laibedig (lively), these young-bloods will hire or recommend the noisy band for more chasunas).

The arguments for playing softly are basic. When the music is extraordinarily loud, the noise can be painful, people cannot hear each other talk, nor themselves think. It is impossible to enjoy (or, often, remain at) the simcha. Intelligent guests wear ear plugs to block the high volume, but they have to keep to themselves like hermits because they cannot converse with others while wearing ear plugs; and they have to bear the less intelligent guests insulting them with gems like "You're not normal" or "Are you ill?"

High decibel sounds are very capable of causing significant damage to nerves in the ears and to hearing, and damage is oftentimes incurable and permanent. Harm to ears is common for people in noisy professions such as construction, subway conductor, working in a factory with noisy machinery and performing highly amplified music. The more one is exposed to loud sound, the worse the condition in the ears gets and the greater the chance that the damage is permanent. Symptoms can include long term or permanent loud and annoying ringing noise in the ears (tinnitus - harm to inner ear nerves), small or large measures of hearing loss, painful sensitivity to louder sounds and lasting pain or discomfort in the inner ears.

Torah does not believe in two sides endlessly vying for their conflicting interests nor throwing their opposing positions against each other. In Choshen Mishpot, the Shulchan Aruch tells us that when two parties have a claim against each other, there are procedures for handling it. The merits of each side's case, and the substantiation for same, are brought forth and judged by rabonim by virtue of what our law says, and there is a "psok." When one asks any shaalo (question), a rov gives a "psok." What does "psok" mean? If you say it means "answer," this is not correct. "Tshuva" means an answer, in relation to a question. "Psok" means "termination of the question." WHEN A HALACHA IS DECIDED, THERE IS NO MORE QUESTION - IT IS OVER. Let us look at this as a Torah question instead of endlessly throwing two sets of agendas back and forth!

First of all, once anything is capable of harming even one other Jew, or his property, it enters the category of "mazik (causer of damage)." The Torah prohibits being a mazik. You might claim that the other should be obligated to guard himself from harm. The Torah's position (Seder Nezikin and Choshen Mishpot) is that you are obligated to not allow yourself or your property to cause any kind of damage to any other person nor to his property. It is your responsibility to actively and ongoingly guard against causing any injury, pain or damage. You are accountable for paying up to five forms of monetary restitution (for: pain, medical expenses, embarrassment, loss of livelihood and/or repairing/replacing of damaged property as applicable to each case and decided upon by bais din). You must not even cause partial, indirect or unintended damage; and you can be accountable for actions which originate on your own property. For example, the Shulchan Aruch, in Choshen Mishpot, has a case where person A falls off his roof by accident and injures person B and some property on the street. Person A is liable to pay for all damage to person B and to B's property. Person A cannot claim: "I was hurt, too; I didn't mean it; I didn't know you were there; I fell by accident." A caused harm and B is paid for all damage. If A is killed BY HIS OWN FALL - EVEN DUE TO ACCIDENT, his estate owes B! Some musicians claim, in the interest of being laibadig ("lively") or artistic, that it is OK to play exceedingly loudly because their clients tell them to play very loudly or the clients are passive if the musicians violate the clients' instruction to play softly. Choshen Mishpot tells us that if A tells B to harm him (e.g. cut off A's limb, or to blind or kill A) and A says he forgives B and holds B to be innocent, B remains fully accountable and punishable BECAUSE NO ONE IN HIS RIGHT MIND WANTS TO BE DAMAGED. The halacha is very clear: if you harm someone with that person's consent, YOU STILL NEVER HAVE THE TORAH'S CONSENT and you are fully liable in halacha for all damages to the victim! Choshen Mishpot is also clear that if a person hits another person in the ear and causes deafness, doing so in front of two or more valid witnesses, the perpetrator must pay damages for causing deafness. In cases where bais din cannot extract financial settlements for technical reasons, one still can be guilty and liable in the Heavenly court for damages; which will be "collected" by suffering or financial loss in this world and/or by gehenom after your life in this world.

The entire world is caused salvation by refraining from causing damage (gemora Shabos). If you stop damage, you merit saving the world from damage, mida kinnegged mida (measure for measure). If you cause damage, you block salvation for the world. You are obligated to treat every other Jew as G-d's creation (Avos DeRebi Noson), only bestowing love and good.

The argument for blaring noisy music at simchas, even by a loud one-man band with a powerful amplifier, seems to be predicated on reasons of business and "art," with a preference for appealing to young folks over the feelings of the more volume-sensitive older folks. The young folks constitute a better pool of potential customers as they are probably more likely to make chasunas and bar mitzvas. This is pure greed. From a Torah perspective, this is warped reasoning, for many reasons. 1. THE OLDER A PERSON IS, THE MORE WE ARE OBLIGATED BY THE TORAH TO RESPECT, SATISFY AND ACCOMMODATE HIM. 2. Musicians' self-serving pandering to the young goes against the gemora (Megila 31b and Nedarim 40a) that says, "If older people say to you 'destroy' and young people say to you 'build,' then destroy and do not build; because destroying by mature people is building and building by immature people is destroying." This is practical advice - as well as Torah. 3. The numerous halachic prohibitions relating to causing any pain or damage. The Torah also has numerous laws which govern working for a living. The amount of money you are to earn each year is decided by Hashem every Rosh HaShana. Chazal say that all money you earn by avaira (sin) will eventually be separated from you by bad investments, doctor bills, robbery or your premature death. Livelihood requires a balance between hishtadluss (practical effort) and emunah (trust in G-d). Earnings are not retained when coming from hishtadluss that contradicts emunah or halacha. 4. The gemora (Sanhedrin) says that one whose profession does not contribute to society is posul le'aiduss (invalid to be a witness in court)...kal vichomer (all the moreso) one whose profession harms people on a daily basis! 5. Even if a musician is never sued once in his life, if he hurts one or more people on a regular basis, his "din vicheshbon" (Heavenly judgement) could have him liable for tens of thousands of injuries over the course of his work-life. 6. The gemora (Bava Metzia) says that a jar with one pebble can make a lot of annoying noise when shaken. A jar loaded tightly with pebbles will not make any sound, no matter how much it is shaken. This is an analogy to wisdom. A person who makes noise is an empty person. A chochom (wise person) is one who acts regarding any issue with substance, quiet and calm. 7. Noise is produced by sound waves, which are in motion. The Maharal says that the physical world is based on things in motion and spirituality is characterized by stillness. (Appreciate that the Maharal was hundreds of years before Einstein and the scientific knowledge that physical matter is built by atoms that are in constant motion! - yet the Maharal learned from the Torah that the physical world is based on motion and that spirituality is still!) Making noise is based on increasing the amount moving sound waves - adding physicality to the world. Loudness appeals to and stimulates the physical part of a person. A Jewish simcha is supposed to ADD SPIRITUALITY TO THE WORLD - THUS, LOUD AND HARMFUL NOISE AT A FRUM SIMCHA IS A CONTRADICTION AND MULTI-DIMENSIONAL AVAIRA (SIN)! 9. If one person asks another to injure him and he will absolve the perpetrator of all accountability, the halacha is that the perpetrator is fully guilty and is obligated for all punishments and penalties (Choshen Mishpot 421:12). Therefore, no host or guest can say to any musician(s) that he welcomes damaging loudness and forgives the musician(s). Those who make damaging loud noise are fully culpable. 9. If one harms another, it is obligatory to do prompt tshuva (repentance; Choshen Mishpot 422:1) including to feel remorse, admit being wrong, pay all damages, commit to never doing the wrong again, appease the victim and seek to be forgiven. 10. For thousands of years before electric amplification, Jews made happy occasions with unamplified instruments and the simchas were just fine!

One Boro Park ear doctor I know TRULY HAS PATIENTS REGULARLY COMING WITH INNER-EAR NERVE INJURIES AND HEARING LOSS, OFTEN INCURABLE, BECAUSE THE AMPLIFICATION OF CHASUNAH MUSIC IS HARMFULLY LOUD! If the musicians or host will not make excessive music volume lower, you have MEDICAL JUSTIFICATION TO PROTEST OR LEAVE, especially if your ears hurt. When you hire a musician or band, DEMAND that they COMMIT THEMSELVES IN WRITING NOT TO PLAY AT A HARMFUL VOLUME! The Boro Park ear doctor I interviewed said that harmful means: if the volume is too loud for two people at a distance of EIGHT FEET APART TO SPEAK AT A NORMAL LEVEL AND HEAR EACH WORD PERFECTLY CLEARLY or if the volume level HURTS THE EARS OF EVEN ONE PERSON PRESENT. Make clear to all musicians that PLAYING AT A NON-HARMFUL VOLUME THROUGHOUT IS A SERIOUS AND REAL CONDITION FOR HAVING THE JOB AND THEY FORFEIT PAY IF THIS CONDITION IS AT ALL VIOLATED. Musician: you have no right to injure or damage anyone; neither in the name of art nor business. If your loud volume hurts anyone, you are just a cruel, egocentric and selfish mazik, plain and simple; and this is multiplied by every person, at every event, that you pain or harm in any way. It is your responsibility to not harm anyone ever. Host: realize that you bear some responsibility for harming people if you let the music volume be harmfully loud. Guests: bring ear plugs to events with amplified music and use them in order to protect your hearing; save this article to show musicians and hosts; and don't be afraid to leave and to ask the rabonim present (or any group of mature people who understand the seriousness of the matter) to protest! Many involved in any given case might have a din (status) of a mazik (damager) and/or rodaif (assailant). The system for making and celebrating contemporary weddings, and the values and priorities which drive it, are flawed, out of hand and backwards; and is potentially systematically causing numerous avairos by the parents, children, guests and wedding-related businesses and workers. A bar mitzva is supposed to start a life of adult responsibility, not earaches. Each wedding is supposed to start a marriage, not hearing-loss conditions.

TODAY'S WEDDINGS: A STUDY IN EXTRAVAGANT ABSURDITY AND IMPOSITION

In the old shtetl, only close relatives came to a wedding that took place in a wooden shul, with no flowers, noisy band, fancy caterer nor photographer. The cooking was done by close family. The wedding was more memorable, personal and happy. The parents were able to sleep at night. They didn't worry over how to beg, borrow and cope for years with debt to marry off one child (never mind many).

Today, weddings seem to be designed for the approval of society and for one to out-do the other. People have oversized guest lists, including many people who are not necessarily close. The invited must show up after a hard day so that the host will come when invited to the oversized chasunos that the guest will some day be making. People can be invited to several weddings in a week, which can cost hundreds of dollars in presents. If one does not dance for the couple, he violates the "five voices" of wedding celebration and has a shaala of gezel (possibility of being a thief) for eating the host's food. In some circles, each family is required to buy presents for every member of the other family. If your child gets engaged and that family has ten children, you have to buy presents for all twelve family members. That alone can break you.

When children claim they want their wedding to have fancy amenities (plus catered tanoyim and sheva brachos and expensive furniture for the apartment) like their friends, they make demands upon their parents. The fathers may have to go around to 100 shuls "shnorring" for "hachnosas kala" (wedding expenses). Imagine the embarrassment for the fathers who have to go around begging! This all violates kibud av ve'aim (honor and respect due parents). If the parent, on his own, decides to make a big and fancy chasuna that exceeds his means, he is making a facade to stroke his own ego and to impress "fair weather friends." He is crushing himself and also is endorsing everyone in his society crushing themselves (and him) when they will marry children off. G-d is left out of this. And the question arises for the people in the 100 shuls whom the beggars approach: are they obligated to subsidize all of these unnecessary and extravagant extras? The burdens should not be legitimized, multiplied and put upon society. Rebbes and gedolim have protested and tried to make takanos (rules), but the situation is still seriously out of hand.

You can make a wedding with a mesader kidushin (officiating rabbi), two witnesses and a minyan for sheva brachos. If Aunt Shprintza will never speak to you again for not inviting her to the wedding of her favorite neice, let's say OK and bring her. But 500 people and a six figure debt we don't need - and we have no Torah justification for it. It is phoney, cruel and perverse. The parents leave the wedding hall with high blood pressure and can be sick for years, over all their debt. Mass market meals are rushed by impersonal and racing waiters, who give you barely enough time to eat before they take each course away. Some photographers physically shove you out of their way to get the desired light or angle. It's inhuman. And even if you can afford it, is it worth the avairos, lashon hora and all the ayin horas (making others who can't afford it feel bad), when your flowers have more colors than Noach's rainbow, when your all-French menu has more courses than your shul has siddurim?

The musicians play so loudly that guests have damage done to the ear nerves. One Boro Park ear doctor I know TRULY HAS PATIENTS REGULARLY COMING WITH INNER-EAR NERVE INJURIES AND HEARING LOSS, OFTEN INCURABLE, BECAUSE THE AMPLIFICATION OF CHASUNAH MUSIC IS HARMFULLY LOUD! If the musicians, or the host, will not make excessive music volume lower, you have MEDICAL JUSTIFICATION TO PROTEST OR LEAVE, especially if your ears hurt. When you hire a musician or band, DEMAND that they COMMIT THEMSELVES IN WRITING NOT TO PLAY AT A HARMFUL VOLUME! The Boro Park ear doctor I interviewed said that harmful means: if the volume is too loud for two people at a distance of EIGHT FEET APART TO SPEAK AT A NORMAL LEVEL AND HEAR EACH WORD PERFECTLY CLEARLY or if the volume level HURTS THE EARS OF EVEN ONE PERSON PRESENT. Make clear to all musicians that this is a CONDITION FOR HAVING THE JOB. Host: realize that you bear some responsibility for harming people if you let the music volume be harmfully loud. Guests: bring ear plugs to events with amplified music and use them in order to protect your hearing; and save this article to show musicians and hosts!

There are fights: child vs. parent, his side vs. her side. The engagement stretches to give time for raising money and for extravagant preparations. Instead of getting the couple married, the system keeps them apart - a contradiction! Getting engaged should mean they get married - and soon. Rav Avrohom Asher Zimmerman, z'l, a gadol in halacha and yira, said that when two people make a commitment to marry each other, it is healthiest to marry as soon as possible - WITHIN SIX TO EIGHT WEEKS (not months!). Many involved in any given case might have a din (status) of a mazik (damager) and/or rodaif (assailant). The system is flawed, out of hand, warped and has backwards priorities; and is potentially systematically causing numerous avairos by the parents, children, guests and wedding-related businesses and workers.

Ask a Boro Park or Williamsburg Jew if he has been to a Broadway show and he would gasp in horror at the thought. Why don't they gasp at the extravagant chasunah productions that they put on in their own neighborhood?

Current practice for making weddings puts significant trouble and imposition on many people, which is forbidden in Jewish law. In the laws of hashavas avaida (returning lost property), if you find something in a way that was obviously left in a place intentionally, such as when it is covered over or in a pile, it is not considered lost. It is forbidden to touch the article. This is because the halacha presumes the owner left it there on purpose temporarily and will come back for it. When it is not there because you moved it, you "matreeyach" (impose upon) him AND IT IS AGAINST JEWISH LAW TO IMPOSE UPON ANOTHER! It is forbidden to say your quiet Shmoneh Esray in shul out loud because the sound of your voice will trouble your neighbor who is trying to concentrate. HALACHA DOES NOT PERMIT US TO TROUBLE OR BOTHER ANOTHER. The Torah says that it is forbidden to hurt another person's feelings. Raban Gamliel died because he hurt the feelings of Rabbi Eliezer Ben Hurkenos. Raban Shimon Ben Gamliel died because he hurt the feelings of someone who came to ask him a shaalo, who the rabbi kept waiting. Note that a FATHER AND SON BOTH DIED BY HEAVEN'S HAND BECAUSE THEY HURT THE FEELINGS OF ANOTHER JEW. This also indicates that TRAITS CAN TEND TO CONTINUE IN FAMILIES. When traits are bad, harmful and punishable, this can be very serious. When a man gives kiddushin on a condition that is impossible to fulfill (e.g. "You are married to me if you walk by foot up to the top of the sky") the kiddushin is valid and the condition is not. The halacha presumes he only wants to annoy her AND AN ACT DONE TO ANNOY ANOTHER JEW HAS NO HALACHIC SUBSTANCE. If one pursues a Jew in a way that can bring harm, he is called a rodaif (assailant, pursuer). Halacha does not hold accountable one who harms a rodaif - it is deemed to be guarding and defending against one who would harm another (ask a rov if you have practical shaalos - you can't just start knifing people who irritate you!). We have principle after principle, law after law, that make clear that we are not allowed to have bad impact on another Jew. WEDDINGS CAN VIOLATE MANY HALACHOS!

The Thursday psalm (81) makes clear that people want things that are NOT good for them. This is relevant in shiduchim, weddings & marriage; as well as other aspects of earthly life. Let me paraphrase a selection from the psalm.

G-d is He who grants victory and joy to those who are crushed by suffering. Listen to Me and I will testify against you, Israel. If you would only discipline yourselves and obey Me! Let there be no foreign god WITHIN you nor bow down to any strange power. I am the One Who brought you up from Egypt. Open your mouth so that I may fulfill the desire of those who obey Me. But My people do not listen to or submit to Me. And I let them go according to the dictates of their own heart, go in their own counsel. If only Israel would obey Me, if Israel would go in My ways. I would subjugate their enemies and turn My hand against their oppressors. I would provide miraculously for those who live undemanding lives, willing to sacrifice, do My will, be loyal to Me.

This psalm presents a frightening picture for the person who wants to follow his own desires and ideas. The greatest resulting punishment is that G-D LETS THE PERSON GO HIS OWN WAY AND HAVE WHAT HE WANTS! This can bring to CRUSHING TRAGEDY. I know a person who, when 18, prayed for a Chevy and actually got it! Three months later it was totalled in a crash. The gemora [Eruvin 13a] says that when one pushes for something, Heaven pushes him back. Some people "know" what they want in a shidduch (e.g. money, looks, yichus) or they pursue a certain person, and the marriage blows up in their face. They make extravagant weddings, and then miserable and vicious divorces, which are coming sooner and sooner after marriage these days. Focusing on desire and materialism is a foreign god within a person which alienates one from G-d.

We all think we know what is good. But, G-D HIMSELF TESTIFIES THAT TRUE GOOD IS DOING HIS WILL FOR HIS SAKE; HUMBLING OURSELVES; BEING HAPPY WITH OUR LOT IN LIFE; accepting the hardships and lessons of G-d's ways; and living a MODEST LIFE OF SPIRITUAL VALUES, PRIORITIES, ELEVATION AND REFINEMENT. G-d has the power to change nature, as He did when He took us from Egypt. He will even extract honey from a rock to provide sweetly for those who are devoted to Him.

A smaller, reasonable, warm chasunah; proportioned to the means and situation of the two families involved; will not only be more happy and memorable, but it will teach the couple good and healthy lessons in REAL interpersonal relating. It can be an excellent model for how to work nicely together. It will teach budgeting, prioritizing, responsibility, organization, consideration, compromise, communication, adaptability and that mature living requires limits and unselfishness. The most important purpose of a wedding is to start a married life. If a couple learns that life is a phoney superficial show, there is more likelihood the curtain will come down and the show will close on the stage of bais din. If the wedding is an example of heartfelt warmth, care, respect, co-operation, balance, giving and peace; it is more likely the marriage will start, AND REMAIN ONE ALSO! Isn't that what really counts?

RABBINIC SIMCHA GUIDELINES ADDRESS LOUD UNSAFE AMPLIFICATION

Many rabbinic leaders have been working on guidelines to stem the tide of excesses at Jewish social events such as weddings, bar mitzvas, vorts, etc. Among those involved are some of the foremost rabbis of our generation including Rabbi Yaakov Perlow, the Novominsker Rebbe; four Roshai Yeshiva from Lakewood: Rabbis Malkiel Kotler, Yisroel Tzvi Neuman, Dovid Tzvi Schustal and Yeruchem Olshin as well as the Mashgiach Rabbi Mattisyahu Salamon; Rabbi Shmuel Birnbaum, Mirer Rosh Yeshiva, The Roshai Yeshiva of Philadelphia Rabbis Elya Svei and Shmuel Kaminetsky; Rabbi Aron Moshe Shechter, Rosh Yeshiva Chaim Berlin and other notable rabbinic leaders.

The simcha guidelines address the number of people that can be invited, expense limits, extravagance of decor or meals, discontinuing of the vort (especially if managed by a caterer or party planner), etc.

One of the items addressed is the music. One of the points address is that "the hosts should insist that the music amplification should respect the factors of health and good taste, and not detract from the essence of a Yiddishe chassuna."

This series has addressed this question at length. We have discussed how, on the recommendation of an ear doctor, that the amplification be restricted so that two people speaking in a normal voice at a distance of ten feet will hear each other's every word. Another criteria could be a maximum volume of 70 decibels at the loudest point in the hall.

Rabbi Forsythe communicated with Rabbi Perlow. Amplification came to be referred to in the rabbinical simcha guidelines through Rabbi Forsythe's demonstrating to the Novominsker Rebbe the serious, life-impacting and often permanent medical damage inflicted by loudness on delicate ear, nerve and brain tissues. For a chassuna to comply with these guidelines, the amplification must be kept at level that is safe for all in attendance. To convey that a chassuna will comply with the guidelines, a symbol is to be on the invitations that can be acquired by asking a Jewish printer to get it and print it on the invitations. Those planning simchas should abide by the guidelines and make it known that the simcha will be conducted accordingly. People, especially rabbis and others whose absence would "make a statement", should not attend social events which will not comply with the rabbinic guidelines. The guidelines go into effect Rosh Chodesh Nissan 5762.

LETTER PROTESTING LOUD MUSIC ARTICLES AND TWO REPLIES

LETTER FROM A BROOKLYN CHASSID:

I must respond to Rabbi Forsythe's numerous articles in which he attacked our talented Jewish musicians. I'm not a youngster (although I am only 80 years old) and would like to remind him, "When the musicians began playing, Ruach Hakodesh [holy inspiration] came upon the navi [prophet]."

Music awakens the hidden powers of the human spirit, carrying man over his physical limitations. The Gemara (Brachos 43b) says that a pleasing scent satisfies the soul, rather than the body. The same can be said about a beautiful melody (Ralbag, Beraishis 8:21; S'forno, Beraishis 27:27). We are told in Tehillim, "Praise Hashem with harps, trumpets, drums and other instruments."

Any Jew who has been moved by chassidic niggunim [melodies] knows how inspiring Jewish music can be in the life of a Jew. Anyone who has ever attended a traditional Jewish wedding knows how Jewish music has the power to make the wedding a very momentous and festive occasion. Can you imagine a Jewish wedding without music? Those of us who love Hashem and music know to what extent music can bring us closer to Hashem.

REPLY FROM A CHASSIDISH MAN FROM SPRING VALLEY, NY:

With all due respect to the 80-year-old critic of Rabbi Forsythe's views on so-called music, I want to applaud the rabbi for exposing some very serious and real problems.

I have just returned from a chassidic melave malka combined with sheva brachos [post-wedding celebration]. Normally the Rebbe's melave malkas are spiritual highs that revolve around spiritually uplifting niggunim which lift us through the stratosphere and whose sounds often resonate with me throughout my sleep. Needless to say, those are high times for me.

At this melave malka, however, the chassan's [groom's] family brought in a young chassidishe-dressed musician with an electronic keyboard whose many canned sounds left me with the opposite feeling of soaring.

Most of the chassidish masters have spoken about music but for the English speaker Rebbe Nachman of Breslav is accessible and he says in Likutey Moharan (1:3):

"A holy melody gives strength to the forces of holiness. But the music of the Sitra Achra, the Other Side [Evil], damages these forces and lengthens the exile. It makes people stumble and traps them like birds in a snare. Be very careful never to listen to this kind of music at all...Listening to this kind of music can seriously weaken your devotion to G-d. But the melodies played by a truly religious, G-d-fearing musician can be very inspiring. They can strengthen your devotion immensely."

The highlights of the sheva brachos was when the chassan sang a beautiful chassidic song for 10 minutes with no accompaniment. I have noticed at functions that unaccompanied chassidic singing has never been a negative force. Usually, it is when the canned loud electronic noise comes in that I start to wish I'd decided not to come that night.

We should bear in mind that "music" in and of itself is not guaranteed to raise us to higher levels. The music of present-day rappers is known to induce violence. The rhythms of hard rock (which unfortunately are copied by many Jewish musicians) contain elements that appeal to the basest instincts. These rhythms were used by jungle tribes to instill lust and preparation for physical war and do nothing but negate a Yid's striving to higher levels.

The sounds too often heard at Jewish simchas are lengthening the current exile.

REPLY FROM RABBI FORSYTHE:

A reader cited several sources that Jewish music is satisfying to the soul, and used that as a criticism on my series on the Destructive Effects of Loud Amplification at Simchas. The reader's comments are replete with errors and makes no valid nor logical comparison to the points in my articles.

My main stress was that the amplification which has become commonplace is a medical hazard which damages people, often irreparably. Structures and nerve tissue between the inner ear and brain are very fragile, and, once damaged, can remain damaged forever, resulting in many life-impairing maladies such as hearing loss, tinnitus, hyperacusis, otodynia, depression, cardiovascular and digestive malfunction, learning disorders, stress, etc. Today's "Jewish music" has been influenced by Rock and no longer is the pure or innocent Jewish or Chasidish music which the reader so sentimentally and enthusiastically praises. I am old enough to remember Jewish music from before the advent of Rock and electric instruments and electric amplification. I have heard recordings of pre-Rock Jewish music. It was soft, gentle and spiritual. Now Jewish music often has a pulsating, visceral jazzed-up beat which has nothing to do with the pristine sources the reader cites on the elevatedness of music. Then, there is the loud amplification. The sources that the reader brings are removed from today's reality. The navi [prophet] never was aroused to ruach hakodesh with a Casio blasting at a deafening, ear-crushing 120-130 decibels. Dovid HaMelech never said to praise Hashem with an electric guitar played by a secular commercial musician sitting in on a frum chasuna to pick up a couple hundred dollars for a night's work.

Then what about halacha? My series made clear that many areas of halacha are clearly violated by the way "Jewish music" is practiced nowadays including, but not limited to: Chovail Chavairim [injuring others] and Harchakos Nezikin [preventing damage] both in Choshen Mishpot, Bichukosachem lo saylaychu [do not emulate non-Jewish ways] in Yorah Daya and Zaicher Lechurban [restrictions due to remembrance of the destruction] in Orach Chayim. I brought dozens of sources from gemoras, Maharal, poskim, et. al. The reader has shown that he can read Hebrew, but has not shown that he knows how to learn - especially halacha lema'aseh [practical law]. Since my articles stressed and articulately explained the medical and Torah problems relating to the music, the reader picked from the articles what he wanted to and left over the vast majority of my material which was substantiated by four years of research with doctors, audiologists and rabonim and my own studies of relevant Torah, music theory and medical sources. Several doctors and rabbis read the manuscripts and proclaimed them to be completely medically and halachically valid.

The Novominsker Rebbe is Chasidish, a Rosh yeshiva, the rabbinical head of Agudath Israel and a gadol hador in America. No less a figure said to me himself in a conversation on this very subject that the music at simchas these days is "goyish" and must be banned! A frum Boro Park ear doctor who I recently spoke to told me he has three new patients every month who went to a chasuna and their ears have never been the same. The doctor says the loudness did irreparable and permanent damage that medicine cannot treat. Another one of the doctors I interviewed said that everyone should know that loudness is medically damaging (it is a mitzva to "spread the word" and do all that is possible to save people from harm). The reader shows he has no Torah or medical authority in any of the real issues to which my writings (against loud and destructive "music") referred.

This past January 14, ['02] I went to a chasuna wearing ear plugs and the music was so loud that I had pain in my ears that penetrated the ear plugs - and I had to leave early just to get away from that noise and pain - even though I was wearing ear plugs! The music was like a bullet that could pierce a bullet-proof vest.

A Jew must always bestow good and not bad. A Jew may never cause damage, be cruel, selfish or indifferent - and these all are violated by exposing people to goyish music, which happens to have Jewish words; which is played at loudness levels that are medically dangerous; which can cause life-impairing, irreversible medical harm in the inner ear, nerves and connected parts of the brain; which can cause lifelong suffering; and which can cause widespread damage to normal human function.