Use of permanent cosmetics

  • Living The Halachic Process
  • Part 1
  • Rabbi Daniel Mann
Question:
There is an excellent cosmetic system whereby an injection in the eyebrow lasts for at least three years. Is this included in the prohibition of tattooing (k’tovet ka’aka)?
Answer:

It is forbidden to make a mark on one’s body by means of piercing the skin with a needle and inserting any type of coloring. There are opinions that hold that, since the Torah refers to this prohibition as “writing,”[1] one violates the mitzva only if he writes a letter of the alphabet. However, the Ra’avad and Rash Mishantz[2] state that the Torah prohibition applies to any sort of marking. In the works of several other poskim,[3] there are implications that they agree to this approach. Additionally, even those who rule out a Torah prohibition in the case where only markings are made seem to agree that there still is a rabbinic prohibition.
Harav Ezra Basri[4] suggests that there may not be an absolute rabbinic prohibition regarding non-writing markings, but only a lower level, subjective concern of marit ayin,[5] which might not apply in our case.[6] Based on additional leniencies related to minority opinions, he allowed a woman who had no eyebrows to undergo the treatment. In justifying his opinion, he refers to the halachic weight given to steps to avoid embarrassment, as it allows us, in certain instances, to push aside rabbinic laws and to rely upon minority opinions. The analysis of our mentor, Rav Shaul Yisraeli, is not as lenient as Rav Basri’s. Additionally, one should note that even Rav Basri does not seem to permit the practice for the average woman.
Some Rishonim[7] define the prohibited act of tattooing as something that remains on the body kol hayamim (literally, all the days). Thus, one might claim that eyeliner that lasts for “only” a few years would be halachically different. However, the Nimukei Yosef[8] describes k’tovet ka’aka as lasting “a long time.” No one explicitly takes issue with the Nimukei Yosef, and one might say that something that remains for three years is sufficiently permanent to be called kol hayamim. Even if there is no Torah level prohibition, there likely is a rabbinic one. Therefore, one should not be lenient regarding such sub-dermal marking unless it can be classified as lasting “a short time.”

** Notes:
[1]
Vayikra 19:28.

[2]
Referenced by the Acharonim cited below.

[3]
See Minchat Chinuch #253; Pitchei Teshuva, Yoreh Deah 180:1; B’Mareh HaBazak II, p. 81.

[4]
Techumin X, pp. 282-287.

[5]
Onlookers may confuse an action with a prohibition.

[6]
See article, Techumin ibid.

[7]
Ritva on Makkot 21a and Sefer HaChinuch #253.

[8]
Makkot 21a.

Public education programs

Torah Study Events for the Public

Throughout the year, Eretz Hemdah hosts days of learning, study evenings, and special events for...

Hilchot Dayanim Program

A comprehensive study program on the laws governing rabbinical judges and Jewish courts, including source...

Friday Beit Midrash

The Friday Beit Midrash has been running for decades and now takes place online via...

Curriculum – Morenu

The program is intended for the many Torah enthusiasts throughout the Jewish world who wish...