A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Sefer Hachinuch

Misva #253: The Prohibition Against Tattoos

Lectured by Rabbi Eli Mansour

Published
August 5, 2022
Duration
04:03

Lecture Text

The Torah commands in Parashat Kedoshim (Vayikra 19:28) commands, “U’ktovet Ka’aka Lo Titenu Bachem,” which forbids making permanent ink marks in one’s flesh, known today as tattoos. This refers to making an incision in the skin and filling it with ink, such that the mark remains permanently, embedded within the skin. The Sefer Ha’hinuch explains that the ancient pagans would tattoo the images of their deities on their bodies as an expression of their fealty and devotion to the deities. In order to show our firm rejection of idolatry, the Torah forbade any tattoos in the skin. Tattoos are forbidden anywhere in the body, both in areas of the body that are visible, and in areas which are normally concealed under clothing.

Rav Haim Kanievsky (1928-2022) wrote an entire book on this prohibition, and one of the interesting topics he covered was a question posed to him by surgeons. Occasionally, when operating on a patient’s internal organs, the surgeons need to make marks inside the body. These marks are permanent, and the question thus arises as to whether they might violate the prohibition against tattoos. Rav Kanievsky deduced from the Rambam’s formulation of this prohibition that it applies only to marks made on the body’s exterior, and not to marks made on internal organs.

This command applies in all times and places, and to both males and females. One who makes a tattoo is liable to Malkut; one who has a tattoo made by somebody else is not liable to Malkut unless he actively assisted in the process, as Malkut are administered only if the violation was committed through an action.

A number of Rabbis addressed the question of whether this command forbids the act of making a tattoo, or the end of result of producing a tattoo. The practical difference between these two perspectives would arise in a case where one person made the incisions in the skin, and somebody else filled them in with ink. If the prohibition is defined as a prohibition against the act of making a tattoo, then it would seem that the second fellow is not in violation of the command, as he did not perform the complete action of making a tattoo. If, however, we define this command as forbidding producing the end result, then it stands to reason that the one who fills the incisions with ink, and has thus produced the result, indeed violates this command and would be liable. This issue is subject to some discussion and debate.

In our times, of course, tattoos have become every popular among the general population, and, unfortunately, some Jews have joined this trend. We must realize that permanent tattoos transgress an explicit Torah command, and are strictly forbidden.

Another contemporary question concerns the status of permanent makeup and eyeliner. One should consult with his Rabbi for practical guidance in this regard.