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Drawing or Sculpting Forbidden Images: Difference between revisions

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Drawing or Sculpting Forbidden Images (view source)

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→‎Human Images: rewritten to include more poskim and details part 1 - partzuf
(→‎Human Images: rewritten to include more poskim and details part 1 - partzuf)
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==Human Images==
==Human Images==
# 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>
Another facet of Lo Taasun Itti prohibits producing images of humans for even decorative purposes if they protrude,<ref>Shulchan Aruch (Yoreh Deah 141:7)</ref> as the word Itti is darshened to be read Oti - "Do no create Me."<ref>The Sefer Chinuch 39 explains that we are all created with Tzelem Elokim - not that we have Hashem's body literally, but that our intellect stems from him. Rabbeinu Bechayeh (Shemot 19:20) quotes the Rambam in Moreh Nevuchim 1:1 who says similarly, and the Ritva (Rosh Hashanah 24a) explains that Oti is a refence to the vision of Hashem that Moshe Rabbeinu saw in his Nevuah. The Shach (Yoreh Deah 141:21) notes this, as well. Some (see Rabbeinu Yehonatan and Nimukei Yosef cited in the footnotes to Sefer HaChinuch ibid) write that Oti is a refrence to Moshe Rabbeinu.</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>
# The prohibitions of construction and possession only apply to whole images of humans, also known as a "Partzuf", not partial ones.<ref>Shulchan Aruch and Rama (Yoreh Deah 141:7). See Mabit (vol. 2 Yoreh Deah 35) and Shach (Yoreh deah 141:32) who read Tosafot as disagreeing with this principle.</ref> That said, the Poskim debate the definition of partial. Most argue that "Partzuf" means the whole body<ref>Rosh (Avodah Zarah 3:5), Shulchan Aruch (Yoreh Deah 141:7)</ref> and further debate that even omitting or removing a finger or limb suffices,<ref>Beit David (Yoreh Deah 74), Chatam Sofer (Yoreh Deah 6:6), Yechave Da'at 3:64, Yabia Omer (vol. 10 Yoreh Deah 58:6)</ref> while others argue that half the body must be removed, not just a minor appendage.<ref>Kisseh Eliyahu (Yoreh Deah 141:7), Rav Pe'alim (vol. 4 Yoreh Deah 10). Rav Ovadia (Yabia Omer vol. 10 Yoreh Deah 58:6) argues that their read of Shulchan Aruch is not correct and the Halacha follows the Beit David.</ref> Others argue that "Partzuf means" any figure that has a fully etched out face.<ref>Ritva (Avodah Zarah 42b), Samag (Lavin 22) quoted by Maharshal, Perishah (Yoreh Deah 141:37), Taz (Yoreh Deah 141:15). Shach (Yoreh Deah 141:32) says that one is stringent is praiseworthy. The Maharit YD 35 argues that we should follow the Samag and brings a proof from Tosfot Yoma 54b.</ref> This has relevance to coins with faces minted on them.<ref>Pitchei Teshuvah (Yoreh Deah 141:10) quotes She'elat Yaavetz 170 is who is very strict based on his readings of the aforementioned Rosh</ref> However, if the image is only of one full side of a human (known by some as "profile"), it is permissible according to all opinions.<ref>Ben Ish Chai (Shanah II, Masei 10), Halichot Olam vol. 7 pg 285, Masei 4-5, Yalkut Yosef (Kitzur Shulchan Aruch Yoreh Deah 141:2, 7)</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>
# 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>
# 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>
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