לא תעשון אתי Issur of
ע''ז דף מ''ג ע''ב ד''ה והא ר''ג, רמב''ם, טור, ב''י, שו''ע ס''ד). The issur is based on how we see the thing (ט''ז שם סקי''ג). Since we see view people in three dimensions, the issur to depict a person is only if the image protrudes. In contrast, when we view of the sun and moon faraway in the heavens, they appear sunken. Thus, the issur to depict them is even with a sunken, non-protruding image.
8. Picture. Some poskim hold a flat picture on a paper that is not sunken or protruding is mutar, as a flat picture is better than a sunken image ( דרכ''מ סי' קמ''א סק''ה בשם שו''ת מהר''ם, ט''ז סקי''ג, פוסקים .)שהובאו בפתח''ת סק''ו
Some Principles
1. It is common in schools during this parshiyos to make pictures of the sun, moon, stars, and people, e.g., for Parshas Bereishis to depict the creation of the world; for Parshas Lech Lecha, when Hashem took Avraham Avinu out to show him the stars; for Parshas Vayeishev, in Yosef’s second dream, when the stars and moon were bowing down; and the like. They also make pictures of people, e.g., Avraham, Yitzchak, Yaakov, Lavan, and Eisav. Many people ask what form these pictures may be made in. Thus, we saw a need to bring clarity to the topic in a practical fashion. 9. However, many poskim hold a picture is assur too, comparing it to
2. “לא תעשון אתי.” One of the Aseres Hadibros is the issur “ לא תעשה פ' יתרו כ', ד'( ”לך פסל וכל תמונה ). This means one may not make a carved image for avoda zara. At the end of that parsha, there is another pasuk ( לא תעשון אתי: “)כ', י"ט .” The mesora of Chazal is that this is an issur to make images of the heavenly bodies. “אתי” refers to the entities with Hashem, e.g., malachim and the sun, moon, and stars. It is also assur to make a human image (see the coming issue אי"ה), as that is the image Hashem uses to appear to the nevi’im. The issur is the act of making or drawing the image, even if it is for decoration and not avoda zara (גמ' ר''ה דף כ''ד ע''א).
3. Reason for the issur. If the image is made for avoda zara, it is clearly assur under avoda zara. However, even if it is obviously made just for decoration, the Torah forbids it to prevent people from erring and attributing independent attributes to the image, or, chalila, serving it as avoda zara (רמב''ם פ''ג ע''ז ה''י).
4. This issur involves multiple factors. For some things, it is only assur to make a protruding, three-dimensional image. Sometimes, a sunken image, or even just a flat image in a paper, is also assur. Sometimes the issur is only for a complete image; sometimes even a partial one. In some cases, there is only an issur to make the image, but not to hold on to it; for some things there is also an issur to hold on to it. Thus, we will explain each individual halacha according to the conclusions of the poskim.
Issur to Have in One’s Possession
5. The Gemara and poskim say that while the issur d’Oraisa is specifically creating these images, there is also an issur d’Rabanan for one to have them in his possession even if they were made by someone else, e.g., a non-Jew, as that causes suspicion (רמ''א סי' קמ''א ס''ג, ביאור הגר''א סקי''ז, חכ''א כלל פ''ה אות ה' ו').
a sunken image, which is assur for the sun, moon, and stars ( ש''ך סקכ''ה, חכ''א כלל פ''ה אות ה' ו'). Thus, one may not even draw these things on a flat surface such as paper, canvas, a wall, or the like.
Manner of Depiction
10. Drawing, printing. This issur includes drawing by hand and printing with a printer, whether on paper, walls, or clothing. It is assur to create an image of the sun, moon, or stars in any form.
11. Photograph. The poskim discuss whether one may photograph the sun or moon. With old cameras, where the actual image is etched or imprinted on a film, the poskim discussed whether that is considered creating an image ( עי' שו''ת מנחת יצחק ח''י סי' ע''ב, מסורת משה ח''ג עמ' רי''ז). With modern digital cameras, on the other hand, there is no physical, concrete image. It is stored as a digital image, which is just a group of pixels and not something that has inherent permanence. The poskim are inclined to say this is not considered creating an image, so one may take a photograph .)שו''ת אבני ישפה, פוסק הדור בתשוה"נ ח''ז (
12. Printing a picture. However, one may not print a picture on paper or any lasting material, as doing so creates an image of the sun or moon (שם).
Identifiable Image
13. The poskim say an image is only forbidden if it is clearly identifiable what the image is intended to be. If one just makes a circle, and it is not clear from the picture he intended to draw the sun, there is no issur. It must be clear to everyone that the picture is a picture of the sun, e.g., there are lines surrounding the circle for the shining rays, or it is clear based on the background of the picture, or the color makes it clear ( יד הקטנה .)ח''ב פ''ג הל' ע''ז מל''ת י''ח סקל''ג
14. Not colored. Some hold if the picture of the sun was not given any color that makes it look realistic or the picture is black and white, it does not have the true appearance of the sun and is not assur (שו''ת אג''מ ח''ה או''ח סי' ט' אות ו').
Shape of a Star
15. Star. The true form of a star is a circle, like the sun and moon. Still, since a star’s shape appears to our eyes as though it has twinkling points, that is the shape of a star one may not color (שו''ת קנה בשם שם). However, there is no issur to draw small circles or dots to represent stars (ס' תכלית חכמה עמ' צ''א).
Depicting the Sun or Moon
Issur D’oraisa
6. Included in the issur to depict Hashem’s celestial servants is the issur to depict the sun, moon, or stars, under the issur of “ לא שו''ע יו''ד סי' קמ''א ס''ד( ”תעשון אתי ), as those are also Hashem’s servants. As we say in the Shabbos tefillah, “ טובים מאורות שברא .”אלוקינו וכו' עושים באימה רצון קונם
7. Whether protruding or sunken. A human image is only assur if it protrudes in three dimensions (see the coming issue, אי"ה). However, an image of the sun, moon, or stars is assur even if it is sunken ( תוס'
16. Five-pointed star. The shape we refer to as a star, like the ones found on children’s stickers as a symbol of excellence, does not involve the issur of depicting a star. Although we call it a star, a true star does not look like that; that shape has merely become commonly accepted as a star.
17. American flag. Thus, one may draw or photograph an American flag even though it depicts fifty [fifty-one…] stars, as a five-pointed star is not the true form of a star.
18. Magen Dovid. Similarly, making a “Magen Dovid” shape, which is a six-pointed star, is not a problem of depicting a star.
Public Place
19. Some say if the picture is in a public place, one does not need to remove it, the reason being that in a public place there is no concern it will be worshipped (רמ''א שם ס''ד). Although it is not an issur, it is still objectionable (רבינו ירוחם הובא בש''ך סקכ''ז). Some hold it is only objectionable in a shul (רמב''ן). Also, this heter is only to keep the image after it already exists; there is no heter to create it with the intention of putting it in a public place (ש''ך שם).
Partial Sun or Moon
20. Part. The poskim write the issur to create these images is only when depicting the entire thing. However, one may depict just a part of something if it is clear a piece is missing (ש''ך שם סוף סקכ''ה). On this point, the poskim discuss what is considered “partial.”
21. Moon. One may not draw even a half circle – moon shape for the moon, as that is how it appears toward the beginning and end of the month; thus, even a partial circle is considered an image of the moon ( פנ''י ע''ז דף מ''ג, מנ''ח מצוה ל''ט אות ט', דרכ''ת סי' קמ''א סקל''ח .)וסקנ''א, שו''ת שואל ומשיב מהדו''ק ח''ג סי' ע''א, שו''ת מנחת יצחק ח''י סי' ע''ב However, if it is clear some of the moon’s form is missing even from the half circle, e.g., there are clouds in the picture covering part of the moon, it is mutar.
22. Sun. However, a depiction of the sun is a full circle. Thus, some allow drawing part of the sun, e.g., in the corner of the page or by obscuring some of the sun with a picture of clouds or drawing it at sunset or sunrise since the image is not of a whole sun ( שו''ת אבני ישפה ח''א סי' קנ''א, שו''ת שבט הלוי ח''ז סי' קל''ד אות ז', חוט שני פסח עמ' רל''ו). It seems many are meikel based on this.
23. However, some say the heter of a partial image is only for a human (above, 20), not the sun or moon ( שו''ת מנח''י שם, מו''ר בשו''ת .)קנה בשם ח''ג סי' נ''א
24. Star. Similarly, one may draw a part of what is accepted to be a star, since it is not a full image. [On the sefarim of the posek hador, author of תשובות והנהגות, there is a symbol consisting of a star sitting on a sefer (“Shtern-buch” in Yiddish means star and book) but it is only a partial star, so this issur is not a problem.]
For Instructional Purposes
25. The Gemara says one may draw these images—the sun, moon, or stars—for instructional purposes [“להתלמד”]. Rabban Gamliel had a board with images of the moon he used to question the eidim who came to testify about the new moon. One of the reasons is because it was for instructional purposes ( גמ' ר''ה דף כ''ד ע''א). The Shulchan Aruch rules this heter applies to both making and holding on to the images (ס'י קמ''א ס''ד).
26. Moon. The heter for instructional purposes would seem to apply when it is necessary to have an image to understand the topic, and without it, it would be difficult to understand. This is the case in the source of the heter—the images were necessary for beis din to understand exactly how the moon appeared to the eidim.
27. Illustrative purposes. There is a machlokes haposkim whether this heter includes making images just to illustrate what is being taught, which could technically be understood on its own without the images. Some hold this is called illustrative, not instructional, and thus not under the heter (משמעות הט''ז סוף סקי''ג).
28. However, others hold this is also called instructional, as it is for understanding and teaching. The images demonstrate the matter, causing the material to be absorbed and remembered better (ש''ך בנקודת הכסף, חוט שני עמ' רל''ג).
29. To understand the parsha. For these reasons, some poskim allow drawing the sun, moon, and stars to illustrate the creation of the world, Yosef’s dream, and the like. Although nothing is learned from the picture itself, it illustrates what was created on Day 4 and the details of the parsha. With a tangible picture, the ideas are imprinted on the child’s young mind; this is also included in the heter for learning, understanding, and teaching .)חוט שני שם, שו''ת שבט הלוי ח''ז סי' קל''ד אות ח'(
30. However, others are machmir on pictures for children to understand the parsha, as they can understand what was created on Day 4 without the picture, and if something can be done without an illustration, there is no heter for instructional purposes (שו''ת מנחת יצחק ח''י סי' ע''ב, הגרי''ש אלישיב). Thus, it is certainly better to make the pictures in such a way that they are only partial images, not complete ones, to avoid any questions.
31. Artistic instruction. Drawing these things to learn art is not considered “for instructional purposes,” as drawing the sun and moon is inherently assur. Thus, there is no heter unless one draws just part of the sun or moon (above, 20). Similarly, there is no heter for the purposes of secular studies (שו''ת חת''ס יו''ד סי' קכ''ח).
32. Children’s drawings. When a child draws a sun or moon and one must believe him and be convinced it is a picture of the sun or moon… one does not need to stop the child, as the drawing does not resemble the sun or moon. Nevertheless, it is proper to train them to only draw part of the luminaries so that when they develop their drawing skills, they will know they may only draw them if they are incomplete (שו''ת אג''מ ח''ה או''ח סי' ט' אות ו').
Various Examples
Moon/Star-Shaped Cookies
33. One may make cookies in the shape of the moon or stars, as his intent is not to make images of the moon or stars. It is to make a cookie, just one that is cut into an interesting moon or star shape, It is not regarded as an image of the moon; it is regarded as a cookie. Thus, there is no issur of “ חוט שני עמ' רל''ח( ”לא תעשון ).
Children’s Clothing
34. It is very common for children’s clothing or blankets to have pictures of the moon and stars. Although we do not make them, we mentioned that even when someone else made them, the issur of holding on to them still applies. Thus, the shaila is: what are we relying on to use them?
35. Inferior items. The poskim explain with respect to the issur to hold on to such images that the issur is only to hold on to a significant statue or a protruding image on objects of significant quality. However, there is no issur to hold on to images on inferior objects or inferior statues ( טור בשם רמב''ן, רשב''א הובא בטור, .)תפארת למשה הובא בפתח''ת סק''ט
36. Children’s clothing. Similarly, children may be dressed in clothing with pictures of the sun, moon, or stars. Children’s clothing is considered an “inferior item,” as it gets very dirty; it is not considered of significant quality which is subject to the suspicion it might be worshipped (הליכות דעה בענין לא תעשון אתי אות נ').
37. However, it is important to note that this heter is only for clothing manufactured by non-Jews, when the whole issue is holding on to it, which is only an issur d’Rabanan due to suspicion (above, 5). This is not a heter for a Jew to make such items in the first place. Thus, when Jews manufacture the clothing, they must ensure the pictures are not complete.