Depictions of a Human Form

לא תעשון אתי Issur of

לא תעשון אתי

1. In the previous issue (390), we cited several principles about the issur d’Oraisa of “לא תעשון אתי.” We will review some of the points as an introduction to the present issue.

2. “לא תעשה לך פסל וכל תמונה.” The lav or “לא תעשה לך פסל” is an issur to make any carved image or any likeness intended as avoda zara to be bowed down to or served. [It should be noted that the word “תמונה” in the pasuk does not mean a picture, as it does in modern Hebrew; the intent is producing a protruding, three-dimensional image, even if it is not defined as a carved “פסל”.]

3. Sun, moon, stars. “לא תעשון אתי” is an issur to make images with the forms of heavenly bodies—“אתי” means the entities by Hashem—e.g., malachim, the sun, the moon, or the stars. We discussed these halachos at length in the previous issue. The issur is even if the image is just for decoration, ornament, or craft, and not avoda zara (par. 2); the issur also applies to a sunken image, not just a protruding one (7); there is a machlokes about a flat image on paper, with many poskim adopting the machmir position (8, 9);

and even if one received an image made by someone else, there is still an issur d’Rabanan to hold on to it (5).

4. We also cited some conditions and heteirim. For example: the issur is only a complete image, whereas if something is omitted, it is mutar (20); it is not assur in a public place (19), or for the purposes of education, understanding, or instruction (25 and on).

Human Form

לא תעשון "אותי"

5. The current issue will focus on the issur to produce a human form, the associated halachos and conditions for the issur, and whether there is room to be meikel with children’s toys—having dolls, Mitzvah Kinder mentchies, Playmobil figures, and the like.

6. Producing a human form falls under the issur of “לא תעשון אתי,” which is read in a drasha in the Gemara (ר''ה דף כ''ד ע''א) as “ לא תעשון אותי” (“Do not make Me”). To explain this drasha, some say, Hashem made the human form with tzelem Elokim, so a human form can, כביכול, symbolize the image of Hashem (ריטב''א שם).

Others explain a human image is the image Hashem uses to appear to the nevi’im (רבינו חננאל).

7. Even for decoration. The issur to produce a human form is not only when it is for avoda zara. Even if it is only made for aesthetics or decoration or as a craft, it is assur d’Oraisa (רמב''ם פ''ג ע''ז ה''י).

Issur to Hold On to It [“שהייה”]

8. It is clear from the Gemara and poskim that while the issur d’Oraisa is specifically producing, i.e., producing a carved or protruding image with a human form, there is an issur d’Rabanan to keep such an image in one’s possession even if it was made by someone else in a mutar way, e.g., by a non-Jew not for avoda zara, out of concern people will suspect him of making it to worship ( רמ''א סי' קמ''א ס''ג, ביאור הגר''א סקי''ז, חכ''א פ''ה אות ה' ו'), or due to the maris ayin of violating the issur of “ תוס' ע''ז( ”לא תעשון איתי ). [Some say the issur to hold on to such an image is d’Oraisa (ר''ן).]

Issur to Hold On to It Nowadays

9. Meikel. Some hold nowadays one may hold on to a human image.

Since the whole issue is suspicion, and it is known that people today do not worship generic human images [the specific people that are worshipped have a particular appearance], one may hold on to a human image. Based on this, some allow holding on to all sorts of human forms, e.g., dolls, figurines, and the like, produced by non-Jews, where the only potential issue for a Jew is holding on to it. Again, this is because it is not common to worship human images today ( מקור חיים הובא בדרכי תשובה סי' קמ''א סקח''י, חכ''א כלל פ''ו .)ס''ו, נצי''ב בהעמק שאלה סי' נ''ז סוף אות ג'

10. Machmir. However, many argue with this heter, as the poskim’s words imply otherwise (רמ''א ס''ג, ש''ך סקט''ו, ט''ז י''ט). Additionally, it has been determined that many non-Jews in the Far East worship human figures, and this foolishness has spread to other places in the world [even to Eretz Yisroel, ל"ע, for example, at the repulsive, detestable Supernova festival near Gaza on Simchas Torah, October 7 …]. Thus, this heter has fallen away and the reason of suspicion for avoda zara exists (שו''ת משנת יוסף חי''א סי' קמ''ו).

Amira l’Nochri

11. One may not tell a non-Jew to make a carved image, doll, or forbidden human form due to the issur of amira l’Nochri, which applies to all issurim in the Torah and is not limited to the issurim of Shabbos. Thus, a Jew may not make an order from a non-Jewish company to make a forbidden human figure due to the issur of amira l’Nochri ( תוס' ע''ז דף מ''ג ע''ב ד''ה שאני, ש''ך יו''ד סי' קמ''א סקכ''ג, שו''ת אג''מ יו''ד ח''ב סי' נ''ד, חכ''א שם), unless it is for a mitzva purpose, where there is room to be meikel in the halachos of amira l’Nochri .)תוס' שם(

Protruding, Sunken

12. Only protruding. Some Rishonim hold the issur to make a human form is only if the form protrudes, i.e., the human features come out three-dimensionally, not if it is sunken or flat on a level surface ( ר''ת, רא''ש, ר''מ, טור). The reason, as we mentioned (Issue 390, par. 7), is because we view real people in three dimensions, so the issur to make a human form is also only in three dimensions.

13. Also sunken. Other Rishonim hold the Torah did not differentiate between protruding and sunken carved images, and they are both assur (מהר''ם מרוטנברג, רמב''ן, ר''ן).

14. Picture. According to what we wrote regarding an image of the moon and stars (Issue 390, par. 9), that a picture on a flat surface is like a sunken image, one should also be machmir for a picture.

15. In practice. The opinion of the Shulchan Aruch and poskim (יו''ד סי' קמ''א ס''ד) is that only a protruding human form is assur, and this is assumed as the halacha in practice. However, some are machmir to follow the opinions that even a sunken human image is assur (ט''ז סקי''ב), and some write it is proper to satisfy this opinion (חכ''א כלל פ''ה ס''ג).

th

Protruding

Sunken

Flat

Which Form Is Assur?

Entire Body or Just the Head?

16. Entire body. Some Rishonim hold only creating an entire form, the body with the head, constitutes the issur of creating a human form. However, just the head without a complete body is mutar even to make, and certainly to hold on to (רא''ש ע''ז פ''ג סי' ה'). This is the psak of the Shulchan Aruch and Rama ( סי' קמ''א ס''ז, שו''ת חת''ס .)ח''ו סי' ד', שו''ת מהר''ם שיק יו''ד סי' ק''ע

17. Also just the head. However, others hold even a part of the human body form is assur, as well as just the head ( סמ''ג, מהרי''ט יו''ד ח''ב סי' ל''ה, ש''ך סקל''ב). It is certainly assur when all the facial forms and features appear ( יעב''ץ ח''א סק''ע הובא בפתח''ח סק''י, שו''ת שבט הלוי ח''ז .)סי' קל''ד אות ב' וג'

18. Complete body, unshaped head. Some are machmir when there is the complete form of a body with a head, even if is an unshaped head with no protruding facial features (יעב''ץ שם). However, most poskim treat this as missing parts of the head and thus permit it .)מהרי''ט יו''ד סוף סי' ל''ה, שו''ת שבט הלוי ח''ז סי' קל''ד אות ב' וג'(

Face

19. Frontal view. The issur is to produce a carved image with the frontal view of a face, with two eyes, two ears, a nose, and mouth, even if there is no representation of the entire head including the back. However, if one ruins one eye or cuts off an ear or the nose, it is not considered a complete head, and it is mutar ( ש''ך סוף סקכ''ה, .)שו''ת חת''ס הובא בדרכ''ת סק''א

20. Profile view. Similarly, it is mutar to make a protruding face from the side view, i.e., with one ear and one eye (חכמ''א כלל פ''ו ס''ד). Coins commonly display the face of a head of state, usually from a protruding side view, not a frontal view, so one may hold on to it.

Ruining the Human Form

21. When a person obtains something with a human form, i.e., he received or purchased it but did not make it, he does not violate the issur of making a human form; the only shaila is holding on to it, which is only an issur d’Rabanan. Since the halacha is that only a complete form is assur (above, 19), the poskim came up with a solution: if one ruins one of the parts of the figure in such a way that it is obviously incomplete, he may continue to hold on to it.

Thus, the consensus of the poskim is that if one ruins an ear, eye, nose, or the like, in a way that is clearly noticeable, he may hold on to it without violating the issur d’Rabanan of retaining a figure in one’s possession (שו''ת חת''ס הנ''ל ועוד).

Inferior Figures

22. The poskim discuss whether a type of inferior human figure which would never be served as avoda zara is included in the issur. Do we not get involved in the reason for the posuk, assuming the Torah forbids it in all circumstances, even when there is no chance it would be served as avoda zara? (עי' מהרי''ט ח''ב סי' ל''ה, שו''ת חת''ס יו''ד סי' קכ''ח).

23. Producing vs. holding on to it. Nearly all poskim hold this reasoning does not allow one to produce such a figure, which is an issur d’Oraisa (above, 7). However, with respect to the issur d’Rabanan of holding on to a figure made in a mutar way by someone else, e.g., a non-Jew, many poskim hold one may rely on this reasoning, that only a significant figure that one might have served as an idol is assur to hold on to. However, it is not assur to hold on to inferior figures which would never have a chance of being served as avoda zara (שו''ת מחזה אליהו ח''ג סי' ע''ג).

Polystyrene Sheitel Head

24. A polystyrene head used to hold a sheitel is not a problem of a human head form, as it is made from a light, cheap material, and it is only made to hold a sheitel, not to look nice. Also, usually there are not real protruding facial features. Still, one who wants to be machmir can cut off a piece of the nose. [One of the world’s mysteries is how the neck of a polystyrene head grows longer every year…]

Miniature Figures

Dolls

25. The poskim discuss whether dolls made for children’s play are subject to the issur of a figure with a human form. There are different cases which can be discussed. The main heter is that they are considered inferior figures, as one is not careful to keep them in a respectful spot. They are thrown around and wind up on the floor in a degrading manner. Thus, strictly speaking there is no issur to hold on to them (see above, 23); this is the common practice.

However, one may not rely on this heter to make them or manufacture them in the first place, as that involves a potential issur d’Oraisa. Some consider a possible issur of selling them for profit ( פוסק הדור בתשובות והנה גות ח''א סי' תת''ד ).

26. Defacing them. However, some people are machmir to ruin a doll’s ear, eye, or nose to be able to keep it in their possession, to satisfy to the poskim who argue with the above rationale ( חזו''א, .)חוט שני סוף הל' פסח

Judaica Figurines

27. Almost all Judaica stores sell figurines. These are miniature figures with a human form, e.g., klezmer, dancing Chassidim, etc., made of pure silver or a combination of metal and fabric and comprising whole bodies with faces and all limbs and features. It must be known that it is assur both to make them and to hold on to them. Even if they are for decoration and not avoda zara, they are assur (above, 7). The Jewish company that produces them violates the lav of “ לא תעשון אתי.” Ordering them from a non-Jewish company violates amira l’Nochri (above, 11). One who buys such an item assists in the aveira and violates “לפני עוור לא תתן מכשול.” Thus, one may not buy them. Many people are completely unaware, thinking that if they are for sale in a Jewish store, it must be mutar.

28. Holding on to them. If one already bought such a figurine, he must ruin its form in an obvious manner (above, 21) to avoid violating the issur d’Rabanan of holding on to it ( שו''ת מחזה .)אליהו שם

29. Not served as avoda zara is not a heter. They do not have the inferior figure heter like dolls (25), as they are placed in designated spots, e.g., in a display case or the like, and they are kept for many years. Also, they may not be permitted on the basis that people do not worship a figurine of a Jew, as there is no distinction in the issur of making a human figure based on the clothing. [Unfortunately, there are people today who worship even someone wearing Chassidishe garb…]

Children’s Toys

30. Lego, Playmobil. The human figures made by the Lego and Playmobil companies have full bodies and an unshaped head without protruding facial features. Thus, according to most poskim, there is no issur to make them (above, 18). Since they are manufactured by a non-Jewish company, the only shaila is about holding on to them in a Jewish house. This too is not assur for the above reason, combined with the fact that they are inferior figures (22) meant for children to play with on the floor or the like. There is no concern whatsoever.

31. Mitzvah Kinder. As of late, there are Jewish companies that manufacture various miniature Jewish figures with complete bodies and shaped facial features as children’s toys. The shaila is what they rely on as far as the issur of producing human figures ( הליכות דיעה, לא תעשון אתי אות ח''י). When they are made by a non-Jewish company, the shaila is only about holding on to them, which is only an issur d’Rabanan, but the shaila of a Jewish company manufacturing them involves an issur d’Oraisa. If the Chinese company manufacturing them is a non-Jewish company, ordering them still involves an issur of amira l’Nochri (above, 11), and buying them, an issur of assisting aveira (27).

32. The only heter that applies to them is that a child’s toy is considered an inferior figure, which the poskim discuss as an exception to the issur (22). However, we already mentioned (23) this heter is only accepted for the issur of holding on to figures, not producing the figures, which is a shaila of an issur d’Oraisa. Thus, these companies, which intended to improve things by giving children Jewish figures rather than non-Jewish ones to play with, the same applying to companies producing Jewish singing dolls, possibly made things worse by causing questions of issurei d’Oraisa.

33. The recommendation for these companies going forward is to receive guidance from an accepted rav and posek as to how to produce the figures in a mutar way according to most Poskim, with something missing on one of the body parts. The rav’s signature should be included with the items.

34. Holding on to them. Those who already bought them may keep them in their houses, relying on them having the status of “inferior figures” (above, 23). Those who are machmir should ruin and remove something from the figures in a noticeable, effective way.