QUESTION

I am doing a unit of CPE at a hospital this summer, and a Jewish patient (knowledgeable, but not Orthodox) asked if I could play some music on the guitar for him. Since we are currently in the Three Weeks, I am not sure how to proceed, though I am inclined to oblige. Does the patient’s request, and my desire to optimally perform the mitzvah of bikkur cholim, outweigh the prohibition on music? Does my background as a professional musician matter
here, even though this is not a paid gig? How about the fact that the listener is Jewish? Alternatively, could I just sing without playing guitar – would that be preferable?

ANSWER

During the Three Weeks, the custom is to refrain from music, based on the Magen Avraham (OH 551:10), who speaks specifically about rikudim u-mecholot (dancing and celebratory dancing); however, widespread practice is to refrain from live music even without dancing (Mishnah Berurah 551:16; Igrot Moshe, Orach Chaim 1:166).

In this case, it sounds like the music is there to elevate the spirits of the person, so we are basically talking about tzorkhei choleh (the needs of a sick person) for someone who is a choleh kol gufo (a person whose entire body is affected by illness/is bedridden). This circumstance permits even doing issurei de-rabbanan (rabbinic prohibitions) on Shabbat (Shulchan Aruch Orach Chaim 328:17), so would certainly permit this case.

A better way to say it, though, is that this fundamentally falls outside the minhag, as this is not music of simcha but music le-tzorkhei choleh (for the needs of a sick person).