Question:

Is it permitted to play backround music in a cafe/take-out store?
Here is my question:
– The actual hetter to listen to music altogether is not clear; seemingly it is prohibited due to the gzeirah of Chazal in Gittin 7 for “Zecher L’churban”
– It appears that today’s poskim are more lenient (maybe based on Ramah and others?) because it sort of “chills people out” – relieves stress etc.
– It would seem that this is also the heter to have background music playing while shopping in stores as is very common today (i.e attracts customers, creates pleasant atmosphere). In full-fledged, sit-down restaurants, however, it would seem that it is clearly prohibited as we see in the Gemara of MK that you can’t hear music while drinking wine).
– Does this apply in a type of store that mainly is for quick pick-up of foods but also has a small sit-down area to eat quickly? There isn’t even a sink to wash on a full meal etc. – There is only room to eat a quick danish or Ice cream… (My point is that there is no “kevius” in any way)
So, does this type of place fall into a regular store (as in grocery or seforim store) that plays music just to attract and/or to chill out customers? Or does it fall under a full-fledged restaurant (in which it would seem that it is clearly prohibited as we see in the Gemara of MK that you can’t hear music while drinking wine).

Answer:

It is better without  the music, However according to what people are lenient nowadays regarding listening to music, and that they are makpid on this only during a meal with wine, then this would not be included in a meal with wine.

Sources:

O:CH 570-3, M:B 570- 12, Shar Hatzion 23, Tzitz Eliezer 15-33.

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