Parshas Kedoshim: Are Tattoos Taboo? Micro-pigmentation and Permanent Make-up

This Torah class is brought to you by torahanytime.com. Okay, parshas Kedoshim. Now, I must tell you that I have not been as excited about a shear in quite a while because this topic is one of great fascination to me personally. Only because this was something I was not familiar with and some of the research I went literally to the other end of the world to try to come up with some of the sources over here. Um it's a topic that does not have any relevance to me personally. That I could assure you. The possuk says like this. Do not make a scratch for a soul. And a writing of engraving, what we know as a tattoo, should not place in yourself. Ani Hashem. So, we have a love in the Torah you're not allowed to make a tattoo. Okay. Rashi says, what is so this karka? Says Rashi, kesav hamikuka a writing which is engraved vishakua and embedded she'eilu nimchak l'olam. Remember the words of Rashi, it can never be erased. Shemisha karka'oi b'machat, once it's engraved with a needle v'hamashke'a and it's darkened l'olam it stays that way forever. Okay, so we have a love in the Torah against getting a tattoo and I know you're thinking why in the world is Rabbi saying about tattoos. That is one thing that we're pretty confident l'acharei me'ah v'esrim shanah we go up to shamayim. I don't know what's going to be with the tefillin, I don't know what's going to be with the Torah. One thing we say Ribono shel Olam I could say mamash emes l'amitai oksovis karka lo simnu b'chem lo simnu b'chem lo simnu b'chem b'milui. And that's what today's shear is about about some of the practical ramifications of this love. But before we begin, I have to share with you a certain shaila that really was like chasing after me this week. Wherever I look the shaila came up. And as much as maybe I would have liked to avoid it, but it was really every safer I opened up brought down the shaila. Um unfortunately, it's a common shaila. But it's not something that isn't I get to our kehilla, but here you have a guy who served in the Israeli army. He was a chilloni and in the army he decided to get a tattoo and often the tattoos are not the most modest images. And this man decided to engrave on his left arm isha aruma an unclad woman and lo and behold it was mamash b'makom tefillin. In other words, it was covering the entire makom tefillin and now the question is is he allowed now he becomes a baal teshuvah after he goes to the army. Of course, he went to the West Indies and he met with the Dalai Lama and the whole story and finally he comes back to the wall and Rabbi Shuster tapped him on the whatever the typical story is he ended up in a shul Torah and now he lives in Bnei Brak and he has 17 children, but he has one shaila. The shaila is could he put on tefillin? Now, it's not not something he's proud of when he goes to the kollel every morning in Bnei Brak, you know, he's very self-conscious about his left arm. Obviously, but the shaila is is he allowed to put tefillin on his left arm? So he asked the shaila to the Minchas Yitzchak to Dayan Weisz and the Minchas Yitzchak and very interestingly somebody took my notes over here. So, you'll see I I made a few notations. Uh you'll save it for me. Dayan Weisz says, look um can he put the tefillin can he put his tefillin in this on this unclad image? So, he says first of all this image has a din of an ervah. Many achronim say that even though it's not the actual person, but a picture also has a din of an ervah. And even and this woman certainly is considered an ervah. Now, Dayan Weisz says, you know why? Because her arms are uncovered. That's what we're that's what we're talking about. When he says aruma aruma means her arms are uncovered. That means the sleeve is above the elbow. You know, people think, "Okay, you know, I go on vacation, it's the summer and there you know you're doing around anyway and nobody's looking and it's okay. It's only a little bit. It's only a few inches." And So so you know, the way he describes it z'ro'ah es megulah v'isha aruma v'zeinah. Okay, so you get you're getting a little picture. There's no such thing as a few inches, you know, in life in life everything in life inches make all the difference in the world, you know. Remember as a kid so you want to listen to a game on the radio. You know 890 ain't going to work. 870 ain't going to work. But you're only off by a little bit, who cares? No, no. You put in an email address and you have you have the right letter, but it's not capital. It ain't going to work. Every area in life, it's the details that matter. If you're off by the slightest amount, you're out. Yeah, all of a sudden by Judaism, it's only an inch. Why is Judaism any different than anything else you do? You put in a telephone number and you're off by one number, you're not getting through. You're not connecting. You want to connect with God, you got to fulfill the details. Anyway. So, he says what what should this person do? He has this unclad image on his arm. So, Dayan Weisz has a very innovative heter. And that is the Gemara says in Eruvin it's also halacha in Shulchan Aruch in Orach Chaim Siman 27 d'makom yeish b'zro'oi l'haniach shnei tefillin. There's a place on the arm to wear two pairs of tefillin. So, okay, so the image is covering the this area that has room for two pairs. So, what you do is keep half of the area covered. Only uncover the half that you need for your tefillin. So now most of her arm is covered. And then try to cover the part that covers up the ervah and put the tefillin in the other place. And then he says like this. And in the place that you cover use a very thin leather leather covering because there is an opinion that min b'mino is not a hefsik. So, this way in case the tefillin slips down, it's only the what's interfering between the skin and the tefillin is leather. And there is an opinion that leather will not be a hefsik because min b'mino since it's the same species as the tefillin, it's not a hefsik. And you put the tefillin in on half of it. The other half you cover with a thin layer and you hope for the best. That's the psak of Dayan Weisz in the Sha'alos u'Teshuvos Minchas Yitzchak. There's a teshuvah here in number four in the Sha'alos u'Teshuvos Betzel HaChochmah from Rabbi Betzalel Stern and he says very vehemently this man he's a good baal teshuvah and he's coming tachas kanfei hashchinah cannot put on tefillin. Can't wear tefillin. Can't put it on the right on the other hand? No, can't put it on the right. Putting it on your right hand is like putting it on your nose. It's not yad kehah. It's not Dayan Weisz says, you could put on the left hand. Even though it's an ervah there but it's still it's still yad kehah it's still is left hand. Says Rabbi Betzalel Stern as follows. The Gemara says in Yoma that a beit teven or beit haboker in a place where women bathe, you do not put up a mezuzah. Why not? Because you you do not want the mezuzah to see or to be exposed to an unclad woman. So, says says the Rabbi Betzalel Stern, let's make a kal v'chomer. If a a mezuzah can't be in the same room as a woman who's not dressed kal v'chomer ben b'no shel kal v'chomer you can't put tefillin on an unclad woman. So, he says maybe you'll say it's not a kal v'chomer because there the woman is an actual lady. Here it's just a picture. He says makom makom the sensibility of it to put tefillin on mamash a picture of a davar meguna he says how could you do such a thing? And he says even more than that. The halacha is that in a room where a person is not dressed, you can't wear tefillin. Somebody's walking around unclad, you can't wear tefillin in that room. So, if you can't wear tefillin in a room where someone is unclad, you certainly cannot put the tefillin on this tattoo. Says Rabbi Betzalel Stern plus when a person is wearing tefillin, they have to have a very serious mindset. They can't have kalus rosh. They can't be masiach daas from their tefillin. So, with such an image how could a person prevent himself from having improper thoughts and therefore he paskens unfortunately this person is not able to put on tefillin. Okay, rebbeim, that's just by way of introduction. The main topic that we're going to discuss this evening and I wrote down all my scientific information on one of the sheets. And hopefully anybody have it? Um hopefully I'll remember it. And that is the shaila that is presented in a journal. The name of the journal is Tchumin. Tchumin is a very scholarly journal which is published by the Zomet Institute in Eretz Yisrael. Um I don't know if I would classify it as a chareidi institution, maybe more of a religious Zionist institution. But nevertheless, there are psakim there that are quoted from Rabbi Elyashiv, Rabbi Zalman Nechemia, Dayan Kanievsky that are not found elsewhere and all the sefarim quoted, you know, across the spectrum. All the sefarim all the chareidi poskim quoted as a source of halacha because there are many psakim here that are not found anywhere else. And baruch Hashem my yeshiva happened to have volume 10. Okay, so I was in luck with that. And the shaila brought down here was from a rav the rav of Geneva Rabbi Levi in Switzerland. By the way, I think he appears in the Igros Moshe. Familiar with a specific chuva that he asked for Moshe. And he wanted to know about the following. Nebach lo aleinu. For whatever reason, there was a woman and she had a mum. She didn't have eyebrows. Now, you'd think it doesn't sound so bad so bad, but really a person without eyebrows looks very strange. You know, have we ever thanked Hashem one time in our life? You know, maybe we thank Hashem for food. Maybe we thank Hashem that we have hands. Do we ever thank Hashem, "Thank you, Hashem, that I have eyebrows?" Probably never even thought of it. But, nobody thinks a lot of things we don't think of, you know, until you don't have it. So, this woman nebach did not have eyebrows and she wanted to go to a um cosmetic surgeon to cosmetically tattoo eyebrows onto her so that she should look presentable and should not be embarrassed. I'll cover it up with reals. Now, I don't have the all my notes in front of me. We'll try to remember. The name of this process is called micro pigmentation where basically it is similar to tattoo but fundamentally different. And get Let's get the fundamental differences. There are three levels of the skin. You have the epidermis. You have the middle level, which I think it's called the dermis. And you have the subterranean level, okay? The tattoo gets under at least the first two levels, perhaps even the the the bottom level, and it's permanent. Tattoo is permanent. You cannot There's no way to remove a tattoo. They could try to cover it up. There could be surgeries. But, once the once the needle is injected below the bottom level of the skin and the dye is injected, it's not coming out. You can't come out. Sometimes you want to cover it over with skin-colored tattoo, but you can't get it out. You basically it's permanent. It extracts blood because it gets so deep under the skin. This kind This idea this technique of micro pigmentation gets is written, I believe, on the middle level of the skin. Basically, the epidermis consists of five layers. The epidermis the the top layer The top layer of the skin has five layers. The top four are constantly regrowing constantly regrowing. Every 20 to 25 days the top four layers of the epidermis replace themselves. So, you know, you don't you don't see it, but the top four levels of the top layer of the skin constantly changing constantly changing. It's a shed like a snake like a like the nachash, but you don't see it. It's very fine. It's It's just cells. Okay. So, what this procedure does is it gets I think maybe there are two ways to do it because I read two different ways. Either it gets below all five layers of the epidermis and goes on the dermis or only beneath four of the layers of the epidermis, but either way it does not puncture all the way through and therefore it is not absolutely permanent, but it is pretty permanent. It lasts three to four to five years. And this woman who did not have eyebrows wanted to know whether she's permitted to surgically have eyebrows tattooed onto her face. That's the first shaila. That that shaila is discussed in the volume of Tshumin in Krayot. The next shaila, which is actually what I'm hearing is uh unfortunately, something that people are considering and that is something called permanent makeup. And it's basically the same procedure. It's um micro pigmentation where um if someone who's married knows that sometimes you want to go somewhere and there's there can be a delay. Then what's the delay? Answer is the final touches, right? The makeup. The makeup A woman has to put on her makeup. And um even if a woman put on makeup in the morning, she has a simcha, maybe she wants to do it again. You know, it happens to me. I was driving to share this morning in Queens and uh I hear honking. Ah, you know, and and there was a car on the my right side and the the person was holding up like 20 cars behind behind her. So, what's she doing? Putting on her makeup in the middle of Rockaway Turnpike, you know? So, so some people it's mamish kodesh kodashim. And maybe this the the concept of the micro pigmentation would be basically it's permanent makeup uh specifically around the lips around the eyes and it it never needs to be done. Whether it's in the night, the middle of the morning always has the uh just made up look. And so you say, "Ah, come on. Let's get real." So, the the shaila over here was was a very smart lady and she said, "Look, it's covered Shabbos covered Yom Tov. Everybody knows the most precious time of the week are the last 20 minutes before Shabbos. And what often can interfere with lighting earlier just on time or right? This way it'll cover Shabbos. Her whole life she's ready for Shabbos. She's ready for Yom Tov." So, this shaila was presented in the sefer look at number six Shaalos uTshuvos V'Shav V'Rapha, Harav Raphael Ifrach. And uh she He was asked by a cosmetician, I think that's that's what it's called, whether she is allowed to give um women this procedure. Okay. So, basically, we have two levels of shaila. One for refuah, which maybe all of us instinctively recognize that's more of a legitimate reason. A woman who's embarrassed, you know, or or for instance, this is where it's used very commonly. Someone is chos v'shalom in a car accident or in some kind of terrorist attack and they're they have terrible wounds very very frightening wounds. And to be able to present themselves to society at large, they they have to look normal. And this is a procedure which is used to help person basically recover the way that they used to look. So, there two levels of shaila. One for refuah, one for that that legitimate reason, we would perhaps say, and the other one cosmetically. Is it permitted for cosmetic reasons? Now, in the Tshuva V'Shav V'Rapha, he brings down five differences between micro pigmentation and tattoo in general. First of all, he writes is on your second sheet, that micro pigmentation only lasts two to five years. Number two, you don't actually inject a dye. You just inject the pigment, which is considered more of a natural product. Number three, it is not injected beneath the bottom layer of the skin. Number four, when you have when you go for a tattoo, it's very bloody. Now, I'm not telling you from personal experience. This is how the reality is that it's a very bloody thing. And this does not extract blood. And number five, it's a little bit derech grama because the tattoo every inch every millimeter that you want color, you put it there. You put it there. You put it there. This, apparently, you just inject it and then it somehow the the body sort of takes it to where it needs to be. Okay. If you want to know more about it, you could read at number seven. I think we basically spoke it out exactly what layer of skin the micro pigmentation is injected to. So, that's the shaila. The shaila is A for refuah and B for cosmetic reasons. Um somebody just brought the whole concept to my attention over Pesach, so I actually found it very interesting. And take a look for a moment at number seven. Now, number seven is really um the main mar makom of tonight's share and we're going to be quoting it a few times. It continues on later on. And number seven is the 18th volume of Tshumin. So, apparently, my yeshiva used to subscribe to it like 30 years ago and they only had the first 13 or so volumes. Volume 18, I could not get a hold of. So, they have these uh computer uh resources and libraries. It's not on Hebrew books. It's not on It's on Otzar Hachochma. I went to a number of libraries. I could not find it. How am I going to get Tshumin? So, I called up my brother Ari in Eretz Yisrael. I asked him if his yeshiva has it. His yeshiva didn't have it. So, I went to the Tzomet Institute, you know, I dialed up on the computer and they have a service that if you search for an article, you know, they'll send you the article. So, I'm typing in I don't even have a Hebrew keyboard and yet yeah, I found it. For 15 shekel, they will mail me the article. I figured they would email me the article. No, they will mail me the article. It will take two to three weeks. This is Monday, you know, it's not going to cut it. So, I call my brother and my brother did me a big favor. He drove down to Hebrew U. He got me Tshumin Yurchas. He he scanned it and that's what you got on your sheet in number seven. So, I have to give credit to my brother in Eretz Yisrael. Okay. Shkoyach, Ari. So, here's the shaila. Basically, there four mitigating factors here and we'll see how legitimate they are. Number one. And what's amazing to me is are you kidding me? You're going to go Someone says, "What did your rabbi talk about?" He talked about tattoos, you know. What kind of rabbi What kind of What he came to the Five Towns and he started talking about five tattoos. So, first of all, you should know that Rav Chaim Kanievsky wrote an entire sefer on hilchos tattoos. It's called Pas Shegen Haksav. I had that I didn't even realize I had it. All right. So, obviously, it's you know, it's a chelek in Torah. You have to know what the parameters are. Well, the first shaila is the issur tattoo. Here's the guy. He's a big Yankee fan. Right? He mamish, as they say, he bleeds he bleeds the the pinstripe, right? Now, he wants to get a tattoo. What do you What's pshat in a tattoo? Pshat in a tattoo is you want to identify. I'm not somebody who follows the Yankees. My whole metzius my whole reality is that I'm an eved to the Yankees. If they win, then I'm happy. If they lose, I'm tzubrachen. That's the concept of a tattoo, where basically you're creating, you're establishing your reality. Well, see to what? There are the There are some rishonim say it's a way of subjugation to avodah zarah. Is it only if you write words? Or is it even if you make a picture? Right, we know kseiva in general. Kseiva in general. On Shabbos, is it only if you write words? Or is it even if you make a picture? So, you should know it's a big machlokes with rishonim. The Look at number eight, the Piskei Tosefos in Maseches Makos, where the sugia of tattoos are, uh the Piskei Tosefos says He says ksuba kseivas kakash b'sara b'sara k'ein oisios. Only letters. Only letters. If you make that the the symbol of the New York Yankees, you're okay. It's if you write New York Yankees, that's when you're That's when you have a problem. It's only oisios. Okay. The Sefer haChinuch writes similarly that it's letters, but not picture. But he's machmir even one letter is considered a tattoo. Says the Sefer haChinuch in number 11, "V'ein ha'eres b'chol makom m'chulal man, v'over al zeh b'chosvo afilu ois achas." So, he also agrees with the Piskei Tosefos that it's letters, but he says even one letter. Not so well known, the Ra'avad wrote a commentary to the Sifra, to the Toras Kohanim, where he argues and he says "V'lo b'einan kseivas oisios, ela roshem she'yasa sham shem hu." "She'yasa sham hu niksaf k'kaka." The shita of the Ra'avad is even if you don't write letters, you just make a picture, it is considered a tattoo. And by the way, the Minchas Chinuch also points out that the Rambam's shita is you don't need oisios, it's even if you make an image. And by the way, the the uh seminal teshuvah on this issue is a is brought down the Piskei teshuvah in Yoreh De'ah siman kuf peh, look at number 12. The Teshuvos from the Il Tzedaka he brings down that even if he says "U'lsoif helo, d'veinan ksav um oisios mamash, ela d'saiya afilu b'ois achas." He says l'ma'aseh only letters and not a picture. And not a picture. So, we already have a mitigating factor here because the permanent makeup is not words. It's maybe not even a picture, just marks. It's marks that are important, are significant, could enhance the person's appearance, but it's not words. And if it's not words, then the Piskei Tosefos and the Sefer haChinuch would say it's not an issur d'Oraisa. Maybe it's it would still be probably an issur d'Rabbanan, but this is a mitigating factor that it's not words, it's only an image. Okay, that's erstens, that's the first mitigating factor. Let's go back to number two for a moment. Rashi defines, what is a tattoo? Says Rashi "She'einoi nimchak l'olam." It will never be erased. Well, we already said micropigmentation is not forever. It's two years, three years, five years, but it's not forever. So, perhaps according to Rashi also, it would not be an issur d'Oraisa. On the other hand other rishonim say Look at number 13, the Nemukei Yosef in Maseches Makos says "K'loimar acher she'kara Oi, right after you ripped the skin hinei achtei'oi, v'nei karas sham zman gadol." And it stays there a long time. He doesn't say forever. A long Is two years a long time? Two years is a long time. I'm here I don't know what, three months, two months? It seems like I'm here a long time. Two years is a long time. So, that's the shaila. Rashi maybe would say that the the micro pigmentation is not an issur d'Oraisa. On the other hand, the Nemukei Yosef would probably say it is an issur d'Oraisa. So, that's another mitigating factor that's not forever. Now, very interestingly, the Sha'alos u'Teshuvos Nasan Rav Nasan Gestetner of Bnei Brak he writes in his 10th volume of teshuvos that it would seem that it's a major machlokes with rishonim whether tattoo is only if it's forever or even temporarily. The uh He brings down Rashi, who says "L'olam." He brings down the Sefer haChinuch, who says "L'olam." Other rishonim, namely the Nemukei Yosef, they say "Zman gadol." But he's not so convinced that we we we would be entitled to mitigate the uh issur over here just because of shitas Rashi. He says first of all, if you look in the Rambam, you look in the Shulchan Aruch, they don't give any time frame. Normally, and this is something we've spoken out, Rashi is not a posek. Rashi is not writing halacha. Not Rashi in Chumash and even not Rashi in Gemara. Rav Avadi writes in the klalim of psak that Rashi on Gemara doesn't have the same status as other rishonim who write halacha. Rashi's trying to say pshat in the Gemara. Now, it means something, it has a lot of value, but it it he's not writing it l'halacha, and certainly not Rashi in Chumash. But even more than that, says the Lehoros Nasan the Nemukei Yosef says b'feirush a long time. Shulchan Aruch and the Rambam don't give a time frame. So, now you're going to make a machlokes that really Rashi argues with them, but nobody even brings down a halacha such an opinion that that only if it's forever. But then he says something very interesting. He says "Mei'eichi teisei l'olam even means forever?" Does l'olam really mean forever? He wants the the Lehoros Nasan wants to bring a raya that the word l'olam does not mean forever. In uh Hilchos Ksharim, right? The halacha is one of the 39 melachos on Shabbos is you're not allowed to make a knot. So, Rashi says Maseches Shabbos, daf kuf yud alef amud beis what kind of knot are you not allowed to make? Says Rashi, a knot that lasts l'olam. Forever, right? We know a temporary knot, you're allowed to tie your shoes on Shabbos. It's a knot that lasts forever. Says the Beis Yosef, according to Rashi, how long does a knot have to last for it to be ossur d'Oraisa? 30 days. See Sefer Maran Beis Yosef, you see from the Beis Yosef that he's reading Rashi that if it lasts more than 30 days, it's also l'olam. So, you see that l'olam does not have to mean specifically forever, and therefore the Lehoros Nasan is not convinced that we have a machlokes, and therefore he feels that it would be tough to say the micropigmentation just because it only lasts two, three, five years is not an issur d'Oraisa. But maybe it's a mitigating factor, the fact that it doesn't last forever. Here's another mitigating factor. The Gemara Makos says that uh Look if if you look at number 15 the Mishnah brings down a de'ah the last two lines of the Mishnah, number 15, Gemara Makos, it's chof alef amud alef, it should be. Reb Shimon omer "Einoi chayev acher she'yichtov shem sham es Hashem." You're not chayev for tattoo unless you write the name. "Shenemar u'chsoivas kakah lo sisimnu bahem." Do not make a tattoo "ani Hashem." Now, what does that mean you're not chayev for tattoo unless you write Hashem's name, or the name? So, the Gemara says "Amrei Rav Achai b'derech Rav Ashi, you have to write ani Hashem? It's not a tattoo unless you write ani Hashem?" Says the Gemara, "No, k'dei l'tomei b'kapara, you're not chayev until you write the name of an avodah zarah." "Shenemar u'chsoivas kakah lo sisimnu bahem ani Hashem." In other words, Hashem is saying, "I'm God. Why would you write the name of an idol on your body?" So, the opinion of Reb Shimon is you're not chayev until you write on the body, you write Yoyzul, you write uh chveiz Buddha. That is the shita of um Reb Shimon. So, now the shaila is, who do we pasken like? Do we pasken like Reb Shimon that you're only chayev for tattoos if you write the name of an avodah zarah? So, very interestingly, the Ritvah quotes the Rif, look at number 16. The Rif paskens like Reb Shimon that you're only chayev for tattoo if you write the name of avodah zarah. The Rosh paskens like Reb Shimon that you're only chayev for tattoo if you write the name of avodah zarah. So, here you we know the uh the way the Shulchan Aruch paskens, he takes two out of the big three, the Rif, the Rosh and the Rambam. And here the Rif and the Rosh both say you're only chayev for tattoos if you write the name of avodah zarah. Now, strangely, the Tur disagrees. The Tur argues on the Rif. The Tur even argues on his father, the Rosh. And the Tur says he says uh "U'vchol makom she'oiso k'ein psak chayev, b'chol ma she'yichtov afilu einoi kosiv shem Makom." The Tur argues on the Rif, he argues on the Rosh, and he says you're only you're chayev doesn't matter what you write. You could write avodah zarah, you could write New York Yankees, you could put the the the logo of Kehilas Yaakov Yisrael, you know that they send out on the email, you know, with the torch. You put you you you logo Kehilas Yaakov Yisrael on the arm you're also you're out. That's also according to the Tur, it's an issur d'Oraisa. But the Rif the Rif and the Rosh say only if you write the name of an avodah zarah. So, it's another mitigating factor. Number one, we said that what? What was the first mitigating factor? Words. It's not words, it's only a picture. Number two, second mitigating factor, it's not forever. And number three, you're not doing it for the sake of idolatry. Now, each one of these mitigating factors is maybe a little bit weak. Many Rishonim say even if you just make a picture most Rishonim say just for a long time is considered a tattoo. We pasken that it's also even if it's not for the sake of idolatry, but again, it's a third mitigating factor. Interestingly, the the Or Sameach learns that even the Rambam So, look at the language of the Rambam. The Rambam number 19 in Hilchos Avodah Zarah perek beis halacha aleph. The Rambam says, "What's what's the issur of tattoo? Ksoives ka'aka hu amurah ba'Torah, who sheyisrot al basaro, to scratch on the skin on the on the flesh. This was the custom of the gentiles she roishmin atzman avodah zarah. They would sort of brand themselves for avodah zarah. So, k'lo amar eved machalah, that they are a slave, they're sold to it. And their their the avodah of avodah zarah is their legacy. That's what the tattoo would mean. The Or Sameach learns the Rambam that the Rambam holds that it's only an issur of tattoo if your kavana is for avodah zarah. If your kavana is for anything else the opinion of the Or Sameach on the Rambam is that it would be permitted. So, you have three mitigating factors. It's not writing. It's only a picture. It's not forever. It's not for the sake of idolatry. Let's bring in one more. Let's bring in a fourth. There's a halacha. Let's say you have an eved. Or, you know, so we moved in, so we get new garbage cans. So, they say, you know, you put a new garbage can, you have to be very careful, people are going to steal your garbage can. So, you have to paint on the garbage can your address. Okay. What do you do with an eved? Eved's going to run away. So, you want to tat Basically, you want to tattoo the eved. You want to brand the eved like they did in uh in in Germany. Actually, actually there's a teshuvah in Sha'arei Teshuvah Mima'akim. Since it's assur to have a tattoo, should a survivor try to have surgery to remove the numbers? And Rav Moshe Feinstein says, "No, it's for them it's a badge of honor." Okay, maybe we'll discuss that a different time. But, let's say a guy wants to brand his eved with a tattoo. This way, if the eved ever runs away, he could claim uh he's my eved. So, the halacha is it's a the pasken in Yoreh De'ah looking at number 23. Ha'roishim al avdoi shelo yivrach pater. If you tattoo your eved so he doesn't run away, you're pater. In other words, it's not a chiyuv, you're not chayiv, you're pater. The Ramah says, "L'chatchila, you shouldn't do it." So, there's a sefer on your Get Pashut. And the sefer Get Pashut, he asks, "Why is it not a a chiyuv, why are you not chayiv when you tattoo your eved? This is a full-fledged tattoo. It should be issur d'Oraisa to tattoo your eved. After all, an eved Kena'ani is chayiv in mitzvos like an ishah." Answers the Get Pashut. The issur of making a tattoo is only when you make the tattoo for the tattoo. But, if you do it for something else it's a melacha she'einah tzricha l'gufah. You're not putting a tattoo cuz you want a tattoo on the eved. You're putting a tattoo on the eved in case he runs away, this way you could find him. It's a classic melacha she'einah tzricha l'gufah. Or, he says it's a it's at least davar she'einah mitkavein. Like someone who drags a bench and he's going to make a ditch. Maybe yeah, maybe no. It's a davar she'einah mitkavein. His intention is to to drag the bench, not to make the ditch. Someone who makes a hole Someone who makes the hole So, it's a melacha she'einah tzricha l'gufah unless he needs it for the dirt. So, this is a classic case of melacha she'einah tzricha l'gufah. You don't want the tattoo on the eved cuz you you like the way an eved looks with a tattoo. You think an eved with a tattoo is really really tickles your fancy when he brings you your tea sporting a tattoo and makes you feel good. No, you It's just a way to make sure he's like an animal. Like you earmark an animal so you know you so you know who it is, you don't lose it. You want to you want to tattoo the eved. This is melacha she'einah tzricha l'gufah. So, some want to suggest that if somebody has this permanent makeup only to avoid embarrassment so they're not doing it cuz they It's not they're not doing it for the tattoo, they're doing it for a different reason. It's also like a melacha she'einah tzricha l'gufah. Hard to not so easy to make that case. You want the mark, you want the image, you want the eyebrows. But, that's another case that is made. So, bottom line is in the volume Teshumin in the 10th edition, if you look at number 26 he brings in Now, this particular article in K'rach Yoreh De'ah is written by Harav Ezra Batzri. And he says as follows. He says, "Number one, you have the mitigating factor, it's not words. Number two, you have the mitigating factor, it's not forever. Number three, you have the mitigating factor that what? It's not for the sake of idolatry. And you're not making the same tattoo. So, at the most it's an issur d'Rabbanan. And we know Godol kavod habriyos sh'doicheh lo issur d'Oraisa. Now, it doesn't mean it kavod habriyos is doicheh lav, the maskana of the Gemara is it's doicheh d'Rabbanan. So, in the case of Godol kavod habriyos yoseir, then someone who doesn't have eyebrows I mean, that's someone who doesn't have eyebrows into a room it raises a lot of eyebrows, right? It's very it's a strange thing. People feel The person feels very uncomfortable. This is classic Godol kavod habriyos and it would l'chatchila push off a lav d'Oraisa. Sounds pretty sound l'halacha. Okay? But, now the next level is what about for cosmetic reasons? So, in the 18th volume of Teshumin Rav Baruch Shraga, look at number 27 he writes he doesn't buy into the svara that if you're not making the same tattoo, it's permitted. And therefore, he says like this, "To tattoo just for cosmetic reasons just so so a woman does not have to take the time to constantly do her makeup he says it's assur. It's assur to do it. And to top it off he quotes many Rabbanim who agree with him. Number one, he quotes, this is in the number 27, Sha'arei Teshuvah Be'Shavei Ha'Rafeh of Rav Refael Eifritz. Number two, he quotes Rav Shraga Feivish, Sha'arei Teshuvah Shraga Meir. Number three, he quotes Rav Ephraim Greenblatt, the Rebbe Ephraim. And then he says, "So, I went to discuss it with the Gedolei Ha'Dor. And I went to the Rishon LeTzion. Who's the Rishon LeTzion? Rishon LeTzion. Who's Rishon LeTzion? Maran Rav Ovadia. And Rav Ovadia was maskim to me that a woman cannot do this. And not only that I asked Rav Elyashiv, the posek ha'dor. Rav Elyashiv said, "Can't do it." And I asked Rav Yisrael Fisher, the Gaon Rav Elyashiv said he can't do it. And I asked Rav Chaim Kanievsky Rav Chaim said he can't do it for cosmetic reasons. Okay. Lo and behold I was perusing my library and I came across a new sefer of Rav Ovadia Yosef. The sefer is Taharas Habayis on Hilchos Niddah. And I could not believe it. Rav Ovadia writes that a woman who has permanent makeup it's no chatzitzah for mikvah. And if she does it l'chatchila don't castigate her. In lemchah b'yod. Why? Says Rav Ovadia. First of all, most Rishonim say that since it's not forever, it's not issur d'Oraisa. Second of all, many Rishonim say that it's not letters, so it's not issur d'Oraisa. Third of all, the Rif and the Rosh say it's only issur d'Oraisa for the sake of idolatry. Says Rav Ovadia in Yechaveh Da'as. Three d'Rabbanans on top of each other is mutar l'chatchila. The Haraya? He quotes the Chasam Sofer in Gittin daf chof aleph amud beis, take a look over there. The way I read it, he says even two d'Rabbanans. And therefore, says Rav Ovadia like this. If somebody has some kind of wound on his face or her face and he's doing it to avoid embarrassment yesh l'hakeil mishum kavod habriyos and that we already established. And Rav Ovadia quotes many poskim who agree. But, what about for a woman to do this for cosmetic reason? So, I'm thinking to myself, "What in the world's going on here? Here I just read the Teshumin and Rav uh Shraga Rav Baruch Shraga says he asked Rav Ovadia, Rav Ovadia said he can't. And here Rav Ovadia is saying you could do it?" Listen to this. So, Rav Ovadia says, "What about for cosmetic reasons?" He says in the sefer of Rav Avraham Rav Chaim Amsalem in Sha'arei Teshuvah Chaim, he says it's mutar. And Rav Vigdor Nebenzahl says it's mutar for the above-mentioned reasons. I, Rav Baruch Shraga, argue. And he writes, "You're not allowed to." And Reb Zalman says, "You're not allowed to." And Reb Greinemann says, "You're not allowed to." And Reb Boruch Shraga writes, "I told him you're not allowed to." Says Reb Ovadia, "Upon further analysis, after looking into the Sugya more, and realizing all of the mitigating factors, those who are meikel have what to rely on, and we don't castigate them." Says Reb Ovadia, "I'm not going into the base Yaakovs and and recommending that that people do this. But l'maaseh, if people went ahead and did it, okay." There are plenty of other Now, you say, "Okay, I'll be someach on Reb Ovadia." Huh. Then you have to tell your wife to give up her sheitels. So, I'm not sure Reb Ovadia is the right person to give me someach on for, you know, ladies' apparel. But, that's a shita of Reb Ovadia. Reb Ovadia says, he doesn't say l'chatchila, he doesn't even say b'di but b'dieved, right? Again, he's not saying b'dieved they could do it. Says, "Ein l'mocheh b'yadam." But, as we pointed out, come out all the poskim say you can't do it. Um Reb Elyashiv, posek hador, said you can't do it. Reb Reb Yaakov Sofer says you can't do it. Reb Chaim Kanievsky says you can't do it. The Shevet Halevi says you can't do it. The Reb Moshe Ephraim says you can't even do it for embarrassment. He he holds it's k'arveles l'de'oraisa. And let's end with this. In the Sha'arei Teshuva Shevet Halevi of Reb Shmuel Halevi Wosner, zichrono l'vracha, he received a letter from Reb Matisyahu Deutch. And if I'm not mistaken, Reb Matisyahu Deutch himself feels that there might be what to rely on, but he says, "Since nobody agrees with me, he is not going to take it upon himself." And Reb Wosner says, "Bottom line, she should not do it. Either because it is or he writes another reason, and this is a very important reason." Says Reb Wosner, the Gemara in Maseches Shabbos Gemara says a very frightening thing. Why was the Beis Hamikdash destroyed? So, you say, "Of course, everybody knows, sinas chinam." Everybody knows all the cliches, um avodah zarah, giluy arayos, shfichas damim. Somehow this Gemara is conveniently forgotten. And the Gemara says, it's a whole Sugya in Maseches Shabbos, that the women in the time of the churban were putting on too much makeup on their eyes and too much perfume. And the Gemara says, "That's what caused the churban." And it elicited the the young men to uh to do inappropriate things. But, it was because the women made themselves up too much. So, says Reb Wosner, "What? A woman's not allowed to try to look good?" Says, "Look, the Gemara says, 'Ein ishah ela l'noi.'" But, there's a there's a threshold. There's a level. There's a certain uh there's a line. There's a line. So, where's the line? The line is that a woman should not be attracting the attention of people she's not married to. It's a very important thing. So, where does it Where do we draw the line? How do we know what to do? Says Reb Wosner, "One thing I could tell you. This is this is pushing the envelope. This is too much. For a woman to be in a situation where 365, no matter what, she comes to Yom Kippur, comes to Tisha B'Av, and the woman looks like she just put on makeup, this is what the Gemara is talking about. So, is it a tattoo? Now, I I want to I want to mention two hashkafos here. Reb Ovadia writes there's a kula. The kula is, first of all, it's not oisiyos, and it's not forever, and it's not l'shem avodah zarah, and that's not your kavana. So, you say, "Well, what more do you need? You have room for a kula." I'm all for that. When there's room for a kula, then there's room for a kula. But, to be meikel, you need two things. You need legitimate makom l'hakeil, and you need legitimate tzarich. You need a reason to be meikel. So, if a person has a blemish, a person has something embarrassing, that's a legitimate reason. Is a cosmetic preference a legitimate reason? You have to understand that you're there are many shitos who say you can't do it. So, if there's a real need, a person has to be able to understand there's makom l'hakeil, yeah, but you have to understand when the tzarich is warranted, when the cause is justified. When there's a justified cause, the poskim will find a way to be meikel. That's not the the the purpose of halacha is not to make a person's life difficult. But, a person also has to understand that the cause has to be legitimate and justified. And as Reb Wosner is saying, especially when we come to the months of the year when people are going outside, and people are taking to the streets more, people are more in the public eye, that person has to be aware that uh as the Gemara says in Maseches Shabbos, the uh a woman called Kludah bas Melech P'nima, that tznius is encompassing many aspects of the way a person presents themself, including including makeup. And according to Reb Wosner, and according to the majority of the gedolim, whether this is the exact issur, most poskim feel it is. But, beyond that, perhaps there's another consideration over here, and it's something to bear in mind, not just in this issue, but as one lives their life in general. Rabbi says, "Have a great evening, uh You've just experienced another Torah class brought to you by TorahAnytime.com.