Making a form of the human body in drawing or sculpture-Part 1

Making a form of the human body in drawing or sculpture:[1]

It is forbidden to form a sculpture of the human body.[2] It is forbidden to make it even for purposes of mere beauty and decoration.[3]

The prohibited form-Sculpture and protruding engraving versus drawing and internal engraving of above items:[4] The Human body is only forbidden to be formed in a protruding method, such as a sculpture or a protruding engraving. It is however permitted to form the above items internally [such as an internal engraving, or a drawing on a surface], as is done in embroidery of a garment, or as is drawn on a board using ink.[5] [One may thus draw a human on a board. Other Poskim[6] however rule that it is forbidden to form a human body in any manner, whether protruding as a sculpture or protruding engraving, or whether as an internal engraving.[7] Practically, one is to be stringent in this matter.[8] Some Poskim[9] rule that even according to this stringent opinion, it is permitted to make a drawing of the above items.[10] Other Poskim[11] rule that according to this stringent opinion it is forbidden to make even a drawing. Practically, the custom of all Jewry today is to be lenient regarding drawings.]

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[1] Michaber Y.D. 141:4; Avodas Zara 43b

[2] The reason: This is learned from the verse “Lo Sasus Iti” which is read Osi, do not make Me. Now, since Hashem at times appears like a human before the prophets, therefore He prohibited making sculptures of the human body. [Shach 141:21; Taz 141:11; Avoda Zara 43b]

[3] Michaber 141:4; Rambam

[4] Michaber ibid and 141:5 regarding signature ring; Rosh; Tosafus; Avoda Zara ibid; Shach 141:25; Levush, brought in Shach ibid

[5] The reason: As the above items are seen in full, in a protruding method, and hence only when it is formed in a protruding method is it considered to be made “like above.” [Shach ibid]

[6] Ramban, brought in Tur 141; Ran in name of Rishonim that so is Ikkur and is implied from the Talmud, brought in Taz 141:12; Erech Lechem of Maharikash, brought in Darkei Teshuvah 141:34; Gr”a 141:21 and 24 in name of Rambam; Taz 141:12 concludes “It’s a wonderment that the Michaber omitted these opinions, and regarding Halacha, certainly one is not to be lenient against the Ramban, Tur and Ran”; Beir Heiytiv 141:19 in name of Taz; Darkei Teshuvah 141:34 in name of Erech Lechem [Maharikash], Vayakhel Shlomo, Chida and Zechor Leavraham, Rashi, Aruch; Radbaz; Sheilas Yaavetz 1:101, brought in Yad Efraim, refused to allow a picture to be made on a bill of currency, saying that it is forbidden; Yearos Devash 1:2, brought in Pischeiy teshuvah 141:7 severely warns against having even pictures of these forms, even though from the letter of the law it is permitted; Chochmas Adam; Misgeres Hashulchan on Kitzur SHU”A 168:1 concludes one is to be stringent; See Ran brought in Darkei Moshe 141:4 that by Madur Elyon both protruding and internal are forbidden while by Madur Tachton only protruding forms are forbidden; See Teshuvas Lechem Rav 15, brought in Gilyon Maharsha 141:4

[7] The reason: As any of the forms that the Torah prohibited due to “Lo Sasun Iti” of the supernal worlds [i.e. Madur Elyon] and lower worlds are forbidden to be made whether in a protruding or internal method, and only regarding the Rabbinically prohibited forms is there a difference between a protruding or internal method. [Ramban, brought in Taz ibid] 

[8] Taz ibid; Chochmas Adam; Misgeres Hashulchan on Kitzur SHU”A 168:1

[9] Darkei Moshe 141:5 in name of Mordechai Bava Basra 549 and Avoda Zara 840 in name of Maharam; Taz 141:13 “Seemingly a drawing:painting is more lenient than even an internal engraving, [and is thus permitted]”; Kneses Yechezkal 13, brought in Pischeiy Teshuvah 141:6; Yad Efraim 141 “According to majority of Poskim making a drawing is permitted”; Kneses Hagedola 141:67, brought in Darkei Teshuvah 141:47

[10] The reason: As a mere drawing cannot be defined as a sculpture:Pesel in any way as was never included in the prohibition against making the forms of Madur Elyon or Madur Tachton. A Pesel is something that is engraved or a sculpture, and hence a mere drawing is not included in the prohibition of Shokas, which is an internal engraving. [Darkei Moshe ibid in name of Mordechaiy and Maharam]

[11] Shach 141 in Nekudos Hakesef on Taz 141:13 “it is completely incorrect to suggest a difference between a  drawing and an internal engraving, as is implied from all the Poskim”; Divrei Yosef 8 in implication of Rambam, brought in Pischeiy Teshuvah 141:8; Sheilas Yaavetz 1:101, brought in Yad Efraim, refused to allow a picture to be made on a bill of currency, saying that it is forbidden; Vayakhel Shlomo, Lechem Rav 15, Divrei Malkiel 3:58 in name of Rashba and Ritva that a drawing is considered Boletes, brought in Darkei Teshuvah 141:34-35; Beis Shlomo Y.D. 1:36 brought in Darkei Teshuvah 141:36, that a painting on a vessel is considered Boletes; Chochmas Adam; Misgeres Hashulchan on Kitzur SHU”A 168:1 concludes one is to be stringent; Yearos Devash 1:2, brought in Pischeiy Teshuvah 141:7 severely warns against having even pictures of these forms, even though from the letter of the law it is permitted; Dvar Shmuel 247, brought in Darkei Teshuvah 141:29, protests against making pictures of angels due  to sacrilege;

[12] The Yaavetz writes that his father the Chacham Tzevi refused the Amsterdam communities request to make a drawing of him, even though most Poskim rule it is permitted to do so with a mere drawing, and it is not a complete figure and rather just his face, he nevertheless refused. Nevertheless, the community did not relinquish from their desire and secretly made a perfect drawing of his father when he was not noticing, and this painting was later published in the multitudes. [Sheilas Yaavetz 1:101, brought in Yad Efraim 141:4] Divrei Malkiel 3:58, brought in Darkei Teshuvah 141:34, protested against making pictures of even Gedolei Yisrael due to the prohibition of making a human form, as well as that according to Kabalah, a spirit of impurity resides on pictures, and by having a picture of a Tzaddik one causes impurity to reside on it.

[13] See Sichas 1950:51, 67

[14] See Sichas 1950:51, 67; Igros Kodesh [Rayatz] 12:86 [send picture to a Chasid]; Igros Kodesh 3:81; 11:162 and 12:266 [against fears]; Heichal Menachem 3:242 [To place by chair of Mila]