Mitzvot Aseh SheHazman Grama and Drawing or Sculpting Forbidden Images: Difference between pages

From Halachipedia
(Difference between pages)
No edit summary
 
 
Line 1: Line 1:
==Basics==
==Replications of the Vessels of the Temple==
# Women are exempt from all time bound positive commandments (Mitzot Aseh Shehazman Grama) with a few exceptions, which will be listed below. <ref>The gemara Kiddushin 29b learns from the pasuk that says "ולמדתם אותם את בניכם" (Devarim 11:19) that the obligation of Talmud Torah applies to men and not women. Next the gemara Kiddushin 34a derives this halacha from the juxtaposition in the pesukim (Devarim 6:7-8 and 11:18-9) between [[Tefillin]] and Talmud Torah, just like women are exempt from Talmud Torah so too they are exempt from Tefillin. Then, gemara kiddushin 35a writes that the pasuk in Shemot 13:9 compares [[Tefillin]] to all mitzvot to teach us that just like [[Tefillin]] is a positive time bound mitzvah and women are exempt so too all positive time bound mitzvot women are exempt. See the gemara there for the full discussion. The Mishna Kiddushin 29a rules that women are exempt from positive mitzvot that are time bound. This is codified by the Rambam (Avoda Zara 12:3), Tur and S"A 17:2. </ref>
# It is Biblically forbidden to make an exact replication of the vessels that were in the Bet Hamikdash.<ref>Gemara Avoda Zara 43b, Shulchan Aruch YD 141:8</ref>
# If a women wants to do a Mitzvah that she is exempt from she is permitted and encouraged to do so. Ashkenazim hold that women can make a bracha on such mitzvot even though they are exempt, while Sephardim hold that women can't make a bracha since they are exempt. <ref> Rambam Tzitzit 3:9 and Sukkah 6:13 writes that since women are exempt from the Mitzvah of [[Tzitzit]] they can't make a Bracha on it. However, the Raavad Tzitzit 3:9 and Tosfot (Eruvin 96a and Kedushin 31a s.v. lo mifkadana) quoting Rabbenu Tam argue that even if you are exempt from a mitzvah you can make a bracha if one wants to do the mitzvah. The Maggid Mishna Sukkah 6:13 explains the Rambam as saying that it is impossible to say VeTzivanu if a person is exempt from the mitzvah.</ref>
# It’s forbidden to make a menorah of seven branches even of other metals besides gold, even if it’s not 18 [[Tefachim]] tall, and even without the appropriate designs such as the cups, flowers, and bolts of the menorah. <Ref> S”A Y”D 141:8 </ref> However, it’s permissible to make it out of wood or non-metals. <Ref> Shach 141:35 </ref>
# If a shul has an electric menorah made with seven braches, the menorah should be kept as is, but menorah’s like that should not be made lechatchila. <Ref> [[Rabbi Ovadyah Yosef]] in Sh”t Yabia Omer Y”D 1:12, Sh”t Yechave Daat 3:61 (pg 194), [http://www.dailyhalacha.com/Display.asp?ClipDate=10/5/2010 Rabbi Mansour on Dailyhalacha.com]. See Igrot Moshe YD 3:33.</ref>
==Sun, Moon, and Stars==
# It is forbidden to draw a sun, moon, or stars whether the image is two dimensional or a three dimensional protruding image.<ref> The opinion of Tosfot Avoda Zara 43b s.v. veha citing Rabbenu Tam, Ri, and Riva is that the sun, moon, and stars may not be drawn even if they’re not protruding. Rosh A"z 3:5 and Rambam Avoda Zara 3:11 agree. The Shulchan Aruch YD 141:4 follows the opinion of the Rambam and Rosh. Chachmat Adam 85:5, Igrot Moshe OC 5:9:6, Halichot Olam (vol 7 pg 287), and [http://www.dailyhalacha.com/Display.asp?ClipDate=10/5/2010 Rabbi Mansour on Dailyhalacha.com] concur with Shulchan Aruch. Taz 141:13 suggests that a two dimensional drawing of the sun is permitted.
* Ran a”z 19a quotes some who think that if it isn’t protruding it isn’t Biblical prohibition for any forbidden image. The Tzitz Eliezer 9:44:2 writes that some rishonim hold that it is permitted if it isn’t protruding and he writes that one should look in the Ramban, Ritva, and Meiri on A”z 43b.
* Rav Chaim Palagi in Ruach Chaim YD 141:2 asks how were they allowed to have a picture of the sun on the tombstone of Yehoshua like Rashi Yehoshua 24:30 writes? Tzitz Eliezer 9:44 answers that since the purpose was to make a kiddush Hashem and not for avoda zara it was permitted. The Tzitz Eliezer 9:44 answers that a non-Jew made it for them and there's no rabbinic issue of keeping it since it was in public (see Avoda Zara 43b).
</ref> Therefore, one shouldn’t teach children to draw the sun, moon, or stars.<ref>Igrot Moshe OC 5:9:6 writes that once a child reached the age of chinuch they should be taught not to draw a picture of a sun, moon, or star. If their drawing is so inaccurate that most adults couldn’t tell what it was then it is permitted but still an adult shouldn’t teach children to draw that because they will grow up thinking that it is permitted and do so when their drawing skills improve. [https://www.star-k.org/prev_questions Star-K] writes that perhaps making a cake in the shape of a sun (circle with cookie sticks as rays) is permitted since it isn't an accurate representation.</ref>
# Some say that it is forbidden to create a temporary image of a sun, moon, or stars.<ref>Minchat Yitzchak 10:72 writes that it is forbidden to temporarily create the image of a sun or moon since it is considered an asiya (creation). See however Darkei Teshuva 141:27.</ref>


==Daily Mitzvot==
==Symbols of Other Religions==
# [[Tzitzit]] is a Mitzvah Aseh SheHaZman Grama and so women are exempt. <Ref>S”A 17:2 </ref> Even though usually women are allowed to fulfill מצות from which they are exempt, by [[Tzitzit]] it’s preferable that women do not fulfill this mitzvah. <ref> Mitzvat Nashim (pg 34) quoting Ben Ish Chai (Lech Lecha #13), Sh”t Mishneh Halachot Tanina 1:21, Sh”t Igrot Moshe O”C 4:49 and others </ref>
# It is permitted to use and look at a stamp with a cross on it.<Ref>Igrot Moshe YD 1:69 writes that it isn't considered a violation of Al Tifnu El Haelilim to use a stamp with a cross on it. His reasons are: 1) Since the images are just used for decorations and not actually for religious purposes it is permitted to look at them (Tosfot Shabbat 149). 2) Since it is used all the time a person is used to that symbol (Tosfot Avoda Zara 50). 3) It isn't an deity it is just a symbol to remind them of their deity. 4) Since the stamps are disgraced by being marked up and also being thrown out that isn't considered something a person would worship.</ref>
# [[Tefillin]] is a Mitzvah Aseh SheHaZman Grama and so women are exempt. Even though usually women are allowed to fulfill מצות from which they are exempt, by [[Tefillin]] it’s preferable that women do not fulfill this mitzvah. <ref> S”A and Rama 38:3, Mitzvat Nashim (pg 35) </ref>
# According to many poskim if a person is given a medallion with a cross on it as an honor it is permitted to wear it when visiting a government or Church official.<ref>Rav Ovadia in Yechava Daat 3:65 permits wearing a medallion with a cross on it that was given to a person as an honor. He begins with the Rama YD 141:1 who writes that crosses are permitted in benefit since they're not avoda zara themselves. Although the Shach limits this to a case where you knew it wasn't worshiped but in general you have to assume that they were worshiped Rav Ovadia says that the Shach's concern doesn't apply to medallions. He also cites the Zera Emet 2:45 and Rav Chaim Palagi in Lev Chaim 3:100 who say that a jewelry with a cross isn't usually worshiped and can be worn if necessary.</ref>
# Tefilla is a Mitzvah Aseh SheHaZman Grama but nonetheless women are obligated in praying once a day and it’s praiseworthy to pray three times a day. <Ref>Sh”t Yechave Daat 3:17 </ref> There is a dispute regarding [[Mussaf]]; see further Sh”t Yabia Omer 2:6(7).
# It is permitted to have and use a chess set even though the king piece has a cross on it.<ref>Rav Asher Bush in Shoel Bshlomo 1:60:2. His proofs are:
# Tosfot A"z 50 and Shabbat 149 by using coins with religious symbols on them say that they are muter since they are for decorative purposes and they are used all the time. Igrot Moshe YD 1:69 cites these Tosfots.
# He also cites Rav Ovadia in Yechava Daat 3:65 who permits wearing a medallion with a cross on it for the same reasons. He has many proofs but for one the Rama YD 141:1 who says crosses are muter bhanah if they weren't worshiped since they're not a"z themselves. Although the Shach 141:6 says you have to assume that they were worshiped but Rav Ovadia quotes the Zera Emet 2:45 who says that doesn't apply to medallions.
# He lastly cites Ritva A"Z 42b that crosses on cups are for decorative purposes and are permitted.</ref>


==Brachot==
==Human Images==
# Regarding the mitzvah of saying one hundred Brachot each day some consider it a Mitzvah Aseh SheZman Grama, while others disagree. <ref> Rav Elyashiv in Yashiv Moshe (pg 19), Birkat Eitan (pg 61), Rav Hershel Shachter in a shiur on [http://www.yutorah.org/lectures/lecture.cfm/703731/Rabbi_Hershel_Schachter/Women_at_Prayer yutorah.org called “Women at Prayer”], Rav Ovadyah Yosef in Halichot Olam (vol 1 pg 59) and Yalkut Yosef (Otzer Dinim LeIsha pg 75), and Hilchot Bat Yisrael (end of chapter 14) write that a woman is obligated since it’s a obligation that applies the whole day and is renewed every day similar to the Shagat Aryeh regarding Zecher Yetziat Mitzrayim in Shema. However, Halichot Bayita 13:1 in name of Rav Shlomo Zalman, Sh”t Teshuvot VeHanhagot 2:129, Sh”t Shevet HaKehati 3:63, Birkat Eitan (pg 62), Vezot HaBracha (pg 185, chapter 20), Sh”t Atret Paz 1:1, Shevet HaLevi 5:23, and Sh”t Rivevot Efraim 3:47, 5:114 write that a women is exempt and some base it on the Magan Avraham regarding Zecher Yetziat Mitzrayim in Shema who disagrees with the Shagat Aryeh. </ref>
# Creating a sculpture of a human is a serious Biblical prohibition for which some say one would have to give one's life to avoid.<ref>Kol Mevaser 1:14 writes that creating a protruding image of a human is a Biblical prohibition of Lo Tasun Itti which is a detail of Avoda Zara. Therefore, he writes that one should give up one's life to avoid violating that prohibition. He cites the Minchat Chinuch 39. He also cites a story in Josephus (Antiques of the Jew v. 18 ch. 3 n. 1) about a town that opposed the Cesar's decree to put up flags with his image on them and were killed because of that.  </ref>
# [[Birkat HaMazon]] isn't considered Zman Grama and women are obligated. <ref>S"A 186:1</ref>
# One may own a bust or head used to store a wig. <ref>[http://www.dailyhalacha.com/Display.asp?ClipDate=10/5/2010 Rabbi Mansour on Dailyhalacha.com]</ref>
# Some say that it is forbidden to own a full body manikin <Ref>[http://www.dailyhalacha.com/Display.asp?ClipDate=10/5/2010 Rabbi Mansour on Dailyhalacha.com]</ref>, while others permit but suggest that if one wants to be strict one may cut off a finger of the manikin.<ref>Az Nidabru 8:59 writes that it is permitted to own a store manikin which is used to show how certain clothing looks on a person. He bases his ruling on the logic of the Chachmat Adam 85:6 who writes that nowadays there's no suspicion that people worship a human image and also that the manikin is meant to be viewed by the public. He adds that if one wants to be strict one one can avoid all issues by cutting off a finger.</ref>
# It is forbidden to create an image of a person if it is protruding (three dimensional). That is only forbidden if it is a complete image and not a half image.<ref>The Rosh Avoda Zara 3:5 rules that it is only forbidden to create a protruding picture of a person if it is a complete person and not just the head or just the body without the head. However, the Smag (Lavin 22) argues that even part of a person is forbidden as there’s no proof to be lenient. Shulchan Aruch YD 141:7 accepts the Rosh. Yachava Daat 3:64 accepts Shulchan Aruch. The Maharit YD 35 argues that we should follow the Smag and brings a proof from Tosfot Yoma 54b. Perisha 141:37 and Taz 141:15 cite the Smag.</ref> Some say that if the image is very accurate it is forbidden even if it is an incomplete image such as the picture of a person’s head on the side of a coin.<ref>Yavetz 170 cited by Pitchei Teshuva YD 141:10</ref>
# It is permitted to draw a two dimensional drawing of a person, therefore, it is permitted to take a picture of a person.<ref>The Ramban Avoda Zarra 43b s.v. dakshinan holds that it is forbidden to draw a two dimensional image of a person. However, the Rambam Avoda Zara 3:11 holds that it is only forbidden if it is three dimensional. That is also the opinion of the Rosh Avoda Zara 3:5. Shulchan Aruch 141:5 codifies the opinion of the Rambam. </ref> Some gedolim  were strict upon themselves and didn't want others to take pictures of them.<Ref>The Yavetz 1:170 writes that his father opposed anyone drawing a picture of him.</ref>
# Many poskim hold that it is permitted to buy dolls even though they are a three dimensional creation of humans. A minority of poskim hold that one should damage the doll’s image. However, to manufacture dolls is a more serious question and one should consult one’s rabbi.<ref>Yachava Daat 3:64 writes that it is permitted to buy a doll. He cites other poskim who agree with this leniency including the Nachal Eshkol 3:50, Maharit YD 35, Pri Hasadeh 3:38, and Netsiv (Emek Shaylah 57:3). Yachava Daat himself extends the leniency to even producing dolls based on the Maharit but the others who were lenient weren't that lenient.[http://www.dailyhalacha.com/Display.asp?ClipDate=10/5/2010 Rabbi Mansour on Dailyhalacha.com agrees. However, Teshuvot Vhanhagot 1:804 writes that it is permitted to have dolls but a God fearing person would damage the image of the doll. He quotes the Chazon Ish as having said so. He says it is sufficient to break off the ear or somewhere that would be immediately noticeable. Shevet Halevi 7:134:1 writes that one shouldn't have a doll of a human and therefore one needs to break part of the face of the doll.</ref>


==Shabbat==
==Animals and Plants==
# Women are obligated in [[Kiddush]] on [[Shabbat]]. Even though Kiddish is a time bound positive mitzvah women are obligated because there is a comparison between Shamor and Zachar and since women are obligated to keep the negitive commandments of [[Shabbat]] so too they're obligated in the positive mitzvot of [[Shabbat]]. <ref>Gemara Brachot 20b, Rambam Avoda Zara 12:3, S"A 271:2 </ref>
# It is permitted to create an image of animals, plants, or earth.<ref>Abaye on Avoda Zara 43b, Tosfot Yoma 53b, Rambam Avoda Zara 3:11, Shulchan Aruch YD 141:6</ref>
# Some say that there’s an obligation of women to hear Kriyat HaTorah but the minhag is to lenient in this regard. <Ref>Mishna Brurah 282:12, see Rivevot Efraim 6:153(21) </ref>
# Women are obligated in Melaveh Malka. <Ref>Piskei Teshuvot 300:1, Rivevot Efriam 2:89 </ref>
 
==Holidays==
# Women are obligated to eat Matza on the first night of [[Pesach]]. Even though this is a time bound positive mitzvah, Chazal write that just like women are obligated to avoid Chametz on [[Pesach]] so too they're obligated in the mitzvah of eating matzah (as the pasuk juxtaposes eating matza and avoiding chametz). Similarly, they are obligated in all the mitzvot of the night such as the 4 cups of wine, [[Matzah]], Maror, and saying the Haggadah. <Ref>Pesachim 43b, Rambam (Chametz UMatzah 6:10), S"A 472:14, Mishna Brurah 472:45 </ref>
# Women are exempt from the mitzvah of sitting in the sukkah. <ref>Mishna Sukkah 28, S"A 640:1 </ref> See [[Sitting in the Sukkah]].
# Women are obligated in Chanukah candles since they too were part of the miracle of Chanuka. Thus a man who is away traveling he should have his wife light at home for him to fulfill his obligation. Even if he will come that night later than [[Tzet HaKochavim]] (the night to light Chanukah candles), he should still have his wife light. Ashkenazim who have the Minhag that everyone in the household lights and they are able to light where they are should light without a bracha. <ref> S”A 565:5 says that women are obligated in Chanukah candles based on [[Shabbat]] 23a, Rambam (Chanukah 4:9), and Tur 565. Piskei Maharam Riketani (154) holds women can fulfill a man’s obligation on his behalf. This is also the opinion of Rabbenu Yerucham 9:1, Rokeach Chanukah 226:3, Ritva and Meiri ([[Shabbat]] 23a, Megilah 4a), Maharil (Chanukah pg 407). Levush (675), Bach (675), Taz(675:4), Magan Avraham 675:4, Olot [[Shabbat]] 675:1, Pri Chadash 675:4, Eliyah Raba 675:6, Sh”t Shar Efraim 42, Shulchan Gavoha 675:6, Mor Ukesia 675:6, machzik Bracha 675:4, Mishna Brurah 675:9. Sh”t Yechave Daat 3:51 writes that since some rishonim and achronim hold one can only light at [[Tzet HaKochavim]] one should let his wife light at the right time and fulfill his obligation according to all opinions. The Yechave Daat holds like the Chaye Adam 154:33. Kaf Hachiam 676:25. Chaye Adam adds that Ashkenazim can light without a bracha. Interesting point: S”A 689:2 says a women can read the megillah to fulfill for a man his obligation of megillah, and some hold otherwise. [Bahag (quoted by Tosfot Megilah 4a, Erchin 3a) and Morchedai 4a in name of Ravyah (Megilah 569, 843) hold women can’t fulfill the obligation of a man, but Rashi Erchin 3a, Or Zaruh 2:324, Rambam(Megilah 1), Rif (quoted by Sefer Eshkol 2:30) hold a women can fulfill  obligation of a man]. However Smag (brought by Magan Avraham 589:5), Itur (Megilah 113d), Eshkol 2 pg 30 differentiate between Megilah which is like Torah reading but by Chanukah women can fulfill the man’s obligation according to everyone. Also Torat Moadim Chanukah pg 40 says the Behag only held a women can fulfill megilah for a man since a women’s obligation is derebanan and a man’s is from divrei kabalah (Ketuvim). Similarly, Sh”t Maharash Halevi O”C 24 says Chanukah isn’t an obligation on each person but on the household and so a women can fulfill it for a man. Thus even those who say by Megilah a woman can’t fulfill a man’s obligation agree by Chanuka. </ref> See [[Lighting Chanukah Candles]].
# The halacha is the women are exempt from [[Sefirat Haomer]] (Magen Avraham 489:1). The Shitat HaKadmonim (last page of bava kama, [http://www.hebrewbooks.org/pagefeed/hebrewbooks_org_15047_91.pdf quoted here]), however, records the responsa of the son of the Maharam Chavallah in the name of his father who quoted his Rabbi, the Ramban, to say that the women were obligated to count the Sefirat HaOmer (See Ramban Kiddushin 34a). The Maharam Challavah explains that since the time doesn’t cause the mitzvah it’s not considered “Zman Grama”. It happens to be time-bound since of another factor which is that the mitzvah of Sefirah depends on the Korban Omer which itself is bound by time. The Sh”t Maharam Challavah compares it to the obligation on women to eat [[Shabbat]] meals which require [[Birkat HaMazon]]. That doesn’t make [[Birkat HaMazon]] a mitzvah Aseh SheZman Grama because the [[Birkat HaMazon]] is obligated as a result of the meal which itself is time bound.
 
==Af Hen Hayu BeOtto HaNes==
# There's certain which woman shouldn't have been obligated in for one reason or another, but because woman were particularly involved with the story which is being celebrated, woman are obligated.<Ref>See Gemara Megillah 4a, Shabbat 23a, and Pesachim 108a-b</ref> Below are the applications of this principle:
# Women are obligated in listening to the [[Megillah]]. <ref>In Gemara Megillah 4a, Rabbi Yehoshua Ben Levi says that women are obligated in reading the Megillah because they were included in the miracle of Purim. Rashi ({{ibid}}. s.v. Af) explains that the decree of Haman applied to men and women equally. Tosfot (s.v. Af) quotes the Rashbam who explains that the gemara means that women are obligated because Ester was instrumental in the miracle of Purim. The Rambam (Megillah 1:1) writes that both men and women are obligated in reading the megillah. Tur and S"A 689:1 codify this as halacha.</ref>
# Women are obligated to drink the four cups of wine at the [[Pesach]] Seder.<ref>S"A 675:3 </ref>
# Women are obligated to light Chanukah candles. <ref>S"A 472:14 </ref>
==Lifecycle Mitzvot==
# Women are exempt from performing a Brit Milah on a son. The gemara derives this exemption from the pasuk "צוה אותו" and it does not say "אותה".<ref>Gemara Kiddushin 29a, Rambam (Sefer HaMitzvot n. 215)</ref> However, many rishonim are puzzled as to why the gemara doesn't simply say that women are exempt since it is a time-bound mitzvah.<ref>Why does the gemara need to learn from a pasuk that women are exempt isn't it a time-bound mitzvah? Tosfot Kiddushin 29a s.v. otto answers that this gemara is following the opinion who says that there’s no end bound for milah because it can be done after the 8th day even at nighttime. Tosfot megillah 20a s.v. dichtiv answers that milah has karet and so we don’t say that women are exempt from mitzvot aseh with karet. Ramban and Ritva Kiddushin 29a answer that since the mitzvah of milah doesn’t apply to her body, she could have been chayav. Similarly, Tosfot Rid answers that we could have thought that her mitzvah is to be responsible for milah occurring and preparing and that preparation isn’t time-bound.</ref>
# Pidyon HaBen is a non-time bound mitzvah. Nonetheless, women are exempt because of an exclusion of the pasuk.<ref>Gemara Kiddushin 29a, Rashi s.v. ve'iyhi</ref>
# Some say that women have a mitzvah to get married.<ref>The Ran (Kiddushin 16b) assumes that getting married is just a preparation for the mitzvah of having children. He states that even though women aren't obligated in having children she still has a mitzvah when she enables her husband to fulfill that mitzvah of having children. Therefore, he concludes that there is a mitzvah for women to get married.<ref>
==Mitzvot that don’t apply nowadays==
# Turei Even (Chagigah 15) writes that Semicha on a Korban isn’t a Mitzvah Aseh SheHaZman Grama since the mitzvah doesn’t have a fixed time. Regarding [[Tefillin]] there’s one day to do it and afterwards the mitzvah is lost and there’s a new Mitzvah to wear Tefillin. However, by Semicha that same Mitzvah could be done any day during the daytime. [See Minchat Elazar 2:47’s second reason regarding the building of the Bet HaMikdash.]
# The Rambam (Bet HaBechirah 1:12) writes that everyone is obligated in building the Bet HaMikdash. The questioner in Sh”t Shoel UMeshiv Tanina 3:89 (beginning paragraph s.v. Heneh) inquires as to why women are obligated since it’s a mitzvah that only applies during the day and being a time-bound mitzvah, women should be exempt.
* However, the Sh”t Shoel UMeshiv answers that because men are obligated, women are also obligated. The reason for this is since the whole reason of a women being exempt is that women are subservient to their husbands and don’t have time to fulfill time-bound מצות, however since their husbands are obligated, they too can fulfill this mitzvah properly.
* Alternatively, the Sh”t Minchat Elazar 2:47 writes that since the mitzvah includes donations to the Bet HaMikdash which can be given at night as well, then it’s not considered a time bound mitzvah.
* The Minchat Elazar’s second reason is that since the mitzvah is incomplete and could continued to be fulfilled each day, then, even if the mitzvah doesn’t apply during the night, still it’s considered not time-bound unlike [[Tefillin]] which is time bound and once the day passes there’s a new mitzvah to fulfill. [See Turei Even regarding Semicha.]


==Sources==
==Sources==
<references/>
<references/>
[[Category: Ritual Practices]]

Revision as of 04:34, 26 February 2019

Replications of the Vessels of the Temple

  1. It is Biblically forbidden to make an exact replication of the vessels that were in the Bet Hamikdash.[1]
  2. It’s forbidden to make a menorah of seven branches even of other metals besides gold, even if it’s not 18 Tefachim tall, and even without the appropriate designs such as the cups, flowers, and bolts of the menorah. [2] However, it’s permissible to make it out of wood or non-metals. [3]
  3. If a shul has an electric menorah made with seven braches, the menorah should be kept as is, but menorah’s like that should not be made lechatchila. [4]

Sun, Moon, and Stars

  1. It is forbidden to draw a sun, moon, or stars whether the image is two dimensional or a three dimensional protruding image.[5] Therefore, one shouldn’t teach children to draw the sun, moon, or stars.[6]
  2. Some say that it is forbidden to create a temporary image of a sun, moon, or stars.[7]

Symbols of Other Religions

  1. It is permitted to use and look at a stamp with a cross on it.[8]
  2. According to many poskim if a person is given a medallion with a cross on it as an honor it is permitted to wear it when visiting a government or Church official.[9]
  3. It is permitted to have and use a chess set even though the king piece has a cross on it.[10]

Human Images

  1. Creating a sculpture of a human is a serious Biblical prohibition for which some say one would have to give one's life to avoid.[11]
  2. One may own a bust or head used to store a wig. [12]
  3. Some say that it is forbidden to own a full body manikin [13], while others permit but suggest that if one wants to be strict one may cut off a finger of the manikin.[14]
  4. It is forbidden to create an image of a person if it is protruding (three dimensional). That is only forbidden if it is a complete image and not a half image.[15] Some say that if the image is very accurate it is forbidden even if it is an incomplete image such as the picture of a person’s head on the side of a coin.[16]
  5. It is permitted to draw a two dimensional drawing of a person, therefore, it is permitted to take a picture of a person.[17] Some gedolim were strict upon themselves and didn't want others to take pictures of them.[18]
  6. Many poskim hold that it is permitted to buy dolls even though they are a three dimensional creation of humans. A minority of poskim hold that one should damage the doll’s image. However, to manufacture dolls is a more serious question and one should consult one’s rabbi.[19]

Animals and Plants

  1. It is permitted to create an image of animals, plants, or earth.[20]

Sources

  1. ↑ Gemara Avoda Zara 43b, Shulchan Aruch YD 141:8
  2. ↑ S”A Y”D 141:8
  3. ↑ Shach 141:35
  4. ↑ Rabbi Ovadyah Yosef in Sh”t Yabia Omer Y”D 1:12, Sh”t Yechave Daat 3:61 (pg 194), Rabbi Mansour on Dailyhalacha.com. See Igrot Moshe YD 3:33.
  5. ↑ The opinion of Tosfot Avoda Zara 43b s.v. veha citing Rabbenu Tam, Ri, and Riva is that the sun, moon, and stars may not be drawn even if they’re not protruding. Rosh A"z 3:5 and Rambam Avoda Zara 3:11 agree. The Shulchan Aruch YD 141:4 follows the opinion of the Rambam and Rosh. Chachmat Adam 85:5, Igrot Moshe OC 5:9:6, Halichot Olam (vol 7 pg 287), and Rabbi Mansour on Dailyhalacha.com concur with Shulchan Aruch. Taz 141:13 suggests that a two dimensional drawing of the sun is permitted.
    • Ran a”z 19a quotes some who think that if it isn’t protruding it isn’t Biblical prohibition for any forbidden image. The Tzitz Eliezer 9:44:2 writes that some rishonim hold that it is permitted if it isn’t protruding and he writes that one should look in the Ramban, Ritva, and Meiri on A”z 43b.
    • Rav Chaim Palagi in Ruach Chaim YD 141:2 asks how were they allowed to have a picture of the sun on the tombstone of Yehoshua like Rashi Yehoshua 24:30 writes? Tzitz Eliezer 9:44 answers that since the purpose was to make a kiddush Hashem and not for avoda zara it was permitted. The Tzitz Eliezer 9:44 answers that a non-Jew made it for them and there's no rabbinic issue of keeping it since it was in public (see Avoda Zara 43b).
  6. ↑ Igrot Moshe OC 5:9:6 writes that once a child reached the age of chinuch they should be taught not to draw a picture of a sun, moon, or star. If their drawing is so inaccurate that most adults couldn’t tell what it was then it is permitted but still an adult shouldn’t teach children to draw that because they will grow up thinking that it is permitted and do so when their drawing skills improve. Star-K writes that perhaps making a cake in the shape of a sun (circle with cookie sticks as rays) is permitted since it isn't an accurate representation.
  7. ↑ Minchat Yitzchak 10:72 writes that it is forbidden to temporarily create the image of a sun or moon since it is considered an asiya (creation). See however Darkei Teshuva 141:27.
  8. ↑ Igrot Moshe YD 1:69 writes that it isn't considered a violation of Al Tifnu El Haelilim to use a stamp with a cross on it. His reasons are: 1) Since the images are just used for decorations and not actually for religious purposes it is permitted to look at them (Tosfot Shabbat 149). 2) Since it is used all the time a person is used to that symbol (Tosfot Avoda Zara 50). 3) It isn't an deity it is just a symbol to remind them of their deity. 4) Since the stamps are disgraced by being marked up and also being thrown out that isn't considered something a person would worship.
  9. ↑ Rav Ovadia in Yechava Daat 3:65 permits wearing a medallion with a cross on it that was given to a person as an honor. He begins with the Rama YD 141:1 who writes that crosses are permitted in benefit since they're not avoda zara themselves. Although the Shach limits this to a case where you knew it wasn't worshiped but in general you have to assume that they were worshiped Rav Ovadia says that the Shach's concern doesn't apply to medallions. He also cites the Zera Emet 2:45 and Rav Chaim Palagi in Lev Chaim 3:100 who say that a jewelry with a cross isn't usually worshiped and can be worn if necessary.
  10. ↑ Rav Asher Bush in Shoel Bshlomo 1:60:2. His proofs are:
    1. Tosfot A"z 50 and Shabbat 149 by using coins with religious symbols on them say that they are muter since they are for decorative purposes and they are used all the time. Igrot Moshe YD 1:69 cites these Tosfots.
    2. He also cites Rav Ovadia in Yechava Daat 3:65 who permits wearing a medallion with a cross on it for the same reasons. He has many proofs but for one the Rama YD 141:1 who says crosses are muter bhanah if they weren't worshiped since they're not a"z themselves. Although the Shach 141:6 says you have to assume that they were worshiped but Rav Ovadia quotes the Zera Emet 2:45 who says that doesn't apply to medallions.
    3. He lastly cites Ritva A"Z 42b that crosses on cups are for decorative purposes and are permitted.
  11. ↑ Kol Mevaser 1:14 writes that creating a protruding image of a human is a Biblical prohibition of Lo Tasun Itti which is a detail of Avoda Zara. Therefore, he writes that one should give up one's life to avoid violating that prohibition. He cites the Minchat Chinuch 39. He also cites a story in Josephus (Antiques of the Jew v. 18 ch. 3 n. 1) about a town that opposed the Cesar's decree to put up flags with his image on them and were killed because of that.
  12. ↑ Rabbi Mansour on Dailyhalacha.com
  13. ↑ Rabbi Mansour on Dailyhalacha.com
  14. ↑ Az Nidabru 8:59 writes that it is permitted to own a store manikin which is used to show how certain clothing looks on a person. He bases his ruling on the logic of the Chachmat Adam 85:6 who writes that nowadays there's no suspicion that people worship a human image and also that the manikin is meant to be viewed by the public. He adds that if one wants to be strict one one can avoid all issues by cutting off a finger.
  15. ↑ The Rosh Avoda Zara 3:5 rules that it is only forbidden to create a protruding picture of a person if it is a complete person and not just the head or just the body without the head. However, the Smag (Lavin 22) argues that even part of a person is forbidden as there’s no proof to be lenient. Shulchan Aruch YD 141:7 accepts the Rosh. Yachava Daat 3:64 accepts Shulchan Aruch. The Maharit YD 35 argues that we should follow the Smag and brings a proof from Tosfot Yoma 54b. Perisha 141:37 and Taz 141:15 cite the Smag.
  16. ↑ Yavetz 170 cited by Pitchei Teshuva YD 141:10
  17. ↑ The Ramban Avoda Zarra 43b s.v. dakshinan holds that it is forbidden to draw a two dimensional image of a person. However, the Rambam Avoda Zara 3:11 holds that it is only forbidden if it is three dimensional. That is also the opinion of the Rosh Avoda Zara 3:5. Shulchan Aruch 141:5 codifies the opinion of the Rambam.
  18. ↑ The Yavetz 1:170 writes that his father opposed anyone drawing a picture of him.
  19. ↑ Yachava Daat 3:64 writes that it is permitted to buy a doll. He cites other poskim who agree with this leniency including the Nachal Eshkol 3:50, Maharit YD 35, Pri Hasadeh 3:38, and Netsiv (Emek Shaylah 57:3). Yachava Daat himself extends the leniency to even producing dolls based on the Maharit but the others who were lenient weren't that lenient.[http://www.dailyhalacha.com/Display.asp?ClipDate=10/5/2010 Rabbi Mansour on Dailyhalacha.com agrees. However, Teshuvot Vhanhagot 1:804 writes that it is permitted to have dolls but a God fearing person would damage the image of the doll. He quotes the Chazon Ish as having said so. He says it is sufficient to break off the ear or somewhere that would be immediately noticeable. Shevet Halevi 7:134:1 writes that one shouldn't have a doll of a human and therefore one needs to break part of the face of the doll.
  20. ↑ Abaye on Avoda Zara 43b, Tosfot Yoma 53b, Rambam Avoda Zara 3:11, Shulchan Aruch YD 141:6
Retrieved from "http://localhost:80/index.php?title=Mitzvot_Aseh_SheHazman_Grama&oldid=22594"