Drawing or Sculpting Forbidden Images: Difference between revisions
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==Replications of the Vessels of the Temple== | ==Replications of the Vessels of the Temple== | ||
# The Torah prohibits one from constructing exact replicas of the Mishkan, Beit HaMikdash, and their vessels, such as the Menorah | # The Torah prohibits one from constructing exact replicas of the Mishkan, Beit HaMikdash, and their vessels, such as the Menorah, Shulchan, and Mizbeach.<ref>Shemot 22:19, Avodah Zarah 43a, Rosh Hashana 24a, Shulchan Aruch (Yoreh Deah 141:8). Rav Moshe Feinstein (Iggerot Moshe Yoreh Deah 3:33) notes how the measurements of all versions of the Mishkan and Beit HaMikdash are included. Halichot Olam vol. 7 pg 288</ref> | ||
# According to some Rishonim, even possessing any such object is Assur Min HaTorah<ref>Rashba as quoted by the Ritva (Rosh HaShanah 24b and Avodah Zarah 43b) and Ran (Avodah Zarah 43b).</ref>, while some Poskim disagree.<ref>Pitchei Teshuvah (Yoreh Deah 141:12)</ref> | # According to some Rishonim, even possessing any such object is Assur Min HaTorah<ref>Rashba as quoted by the Ritva (Rosh HaShanah 24b and Avodah Zarah 43b) and Ran (Avodah Zarah 43b).</ref>, while some Poskim disagree.<ref>Pitchei Teshuvah (Yoreh Deah 141:12)</ref> | ||
# The Rambam placed these Halachot in Hilchot Beit HaBechirah (7:10), not in Hilchot Avodah Zara, potentially because he saw the issur to be a function of Mora Mikdash.<ref>Minchat Chinuch 39:1</ref> Others suggest that it's because he includes building the vessels of the Beit HaMikdash in the grander Mitzvah of building the Beit HaMikdash itself,<ref>Rambam Sefer HaMitzvot (Aseh 20), Shevet HaLevi 3:106</ref>, unlike the Ramban who thinks they are separate.<ref>Hasagot leSefer HaMitzvot Shoresh 12, Aseh 33. See Beis Yitzchok 29 pg. 454.</ref> | |||
===Drawings=== | |||
# Drawings of these are permitted, as well.<ref>Ritva Avodah Zarah 43 and Rosh Hashanah 24a</ref> | # Drawings of these are permitted, as well.<ref>Ritva Avodah Zarah 43 and Rosh Hashanah 24a</ref> | ||
===For Education Purposes=== | |||
# Making a model to demonstrate what the Torah is referring to (i.e. educational purposes) is permissible.<ref>Iggerot Moshe (Yoreh Deah 3:33), Halichot Olam vol. 7 pg 288</ref> | # Making a model to demonstrate what the Torah is referring to (i.e. educational purposes) is permissible.<ref>Iggerot Moshe (Yoreh Deah 3:33), Halichot Olam vol. 7 pg 288</ref> | ||
# Ultimately, any deviation that would render a vessel invalid for Mikdash purposes renders it permissible to be construct outside of the Mikdash. <ref>Ritva Avodah | ===Vessels of the Bet Hamikdash=== | ||
# Ultimately, any deviation that would render a vessel invalid for Mikdash purposes renders it permissible to be construct outside of the Mikdash. <ref>Ritva Avodah Zarah 43 and Rosh Hashanah 24a</ref> | |||
===Making a Seven Branch Menorah=== | |||
# 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 flowers and bolts of the menorah.<ref>Avodah Zarah 43a, Rosh HaShanah 24a, Shulchan Aruch (Yoreh Deah 141:8)</ref> However, it’s permissible to make it out of wood or non-metals.<ref>Shach (Yoreh Deah 141:35</ref> Having curved as opposed to straight branches does not make it permissible.<ref>Bechor Shor quoted in Pitchei Teshuvah (Yoreh Deah 141:14)</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 flowers and bolts of the menorah.<ref>Avodah Zarah 43a, Rosh HaShanah 24a, Shulchan Aruch (Yoreh Deah 141:8)</ref> However, it’s permissible to make it out of wood or non-metals.<ref>Shach (Yoreh Deah 141:35</ref> Having curved as opposed to straight branches does not make it permissible.<ref>Bechor Shor quoted in Pitchei Teshuvah (Yoreh Deah 141:14)</ref> | ||
# If one ends up in possession of a seven branch menorah, he should remove or add a branch.<ref>Shiurei Beracha (Yoreh Deah 141:8)</ref> If there is no trunk and just seven branches coming out of a flat base, the prohibition does not apply, especially if they're not all in a straight row.<ref>Mishpetei Uziel 2:18, Shevet HaLevi 10:129</ref> | # If one ends up in possession of a seven branch menorah, he should remove or add a branch.<ref>Shiurei Beracha (Yoreh Deah 141:8)</ref> If there is no trunk and just seven branches coming out of a flat base, the prohibition does not apply, especially if they're not all in a straight row.<ref>Mishpetei Uziel 2:18, Shevet HaLevi 10:129</ref> | ||
# Many poskim permit a seven branch electrical menorah, because the variation of electric bulbs as opposed to cup of oil with wicks is significant enough to avoid the issur. On this basis, a shul is allowed to keep such a Menorah if they end up in possession of it.<ref>Rav Ben Tzion Meir Chai Uziel (Misheptei Uziel 2:18) and Rav Ovadia Yosef (Yabia Omer vol. 2 Orach Chaim 12, Yechaveh Daat 3:61 and 7:142, Halichot Olam vol. 7 pg 288) were lenient because it's significantly different from the Menorah in the Mikdash, plus it's made by other people, even though the Shoel Meshiv thinks that a shinui in nerot isn't me'akev to be posel. Also, when used as a decoration in shul, the good intentions of wanting to adorn the miniature House of Hashem and the lack of intention to copy the Mikdash are additional reasons to be lenient. Yaskil Avdi (vol. 7 Yoreh Deah 16) quotes Rav Herzog who thought that the lack of beit kibbul is enough to be mattir, but he recommends one be strict since it's a Torah level prohibition. Yesodei Yeshurun R' Gedalia Felder vol. 1 page 47 (Maarechet Beit HaKnesset #31) quotes the Machloket. Rav Schachter (oral communication) recommends staying away. See also [https://itorah.com/global-search/menorah%20seven%20branches Rabbi Eli Mansour' Daily Halacha on iTorah]</ref> | # Many poskim permit a seven branch electrical menorah, because the variation of electric bulbs as opposed to cup of oil with wicks is significant enough to avoid the issur. On this basis, a shul is allowed to keep such a Menorah if they end up in possession of it.<ref>Rav Ben Tzion Meir Chai Uziel (Misheptei Uziel 2:18) and Rav Ovadia Yosef (Yabia Omer vol. 2 Orach Chaim 12, Yechaveh Daat 3:61 and 7:142, Halichot Olam vol. 7 pg 288) were lenient because it's significantly different from the Menorah in the Mikdash, plus it's made by other people, even though the Shoel Meshiv thinks that a shinui in nerot isn't me'akev to be posel. Also, when used as a decoration in shul, the good intentions of wanting to adorn the miniature House of Hashem and the lack of intention to copy the Mikdash are additional reasons to be lenient. Yaskil Avdi (vol. 7 Yoreh Deah 16) quotes Rav Herzog who thought that the lack of beit kibbul is enough to be mattir, but he recommends one be strict since it's a Torah level prohibition. Yesodei Yeshurun R' Gedalia Felder vol. 1 page 47 (Maarechet Beit HaKnesset #31) quotes the Machloket. Rav Schachter (oral communication) recommends staying away. See also [https://itorah.com/global-search/menorah%20seven%20branches Rabbi Eli Mansour's Daily Halacha on iTorah]</ref> | ||
===Replicating the Bet Hamikdash=== | |||
# It is only forbidden to make the a house the dimensions of the Hiechal, a porch the dimensions of the Ulam, and a courtyard the dimensions of the Azara of the Bet Hamikdash.<ref>Rosh Hashana 24a, Avoda Zara 43a, Shulchan Aruch Y.D. 141:8</ref> The dimensions of the Heichal in the second Bet Hamikdash were 60 amot by 20 amot by 40 amot tall.<ref>Mishna Middot 4:7, Rambam Bet Habechira 4:3. See there for the thicknesses of the walls.</ref> In the first Bet Hamikdash it was 30 amot tall<ref>Melachim 1:6:2, Bava Batra 3a</ref> and it is forbidden to replicate the dimensions of the first Bet Hamikdash as well.<ref>Pitchei Teshuva YD 141:13 citing Bet Efraim OC 10, Mikdash Dovid Kodshim 1:3</ref> The Ulam was 90 amot by 11 amot by 40 amot.<ref>Mishna Middot 4:7, Rambam Bet Habechira 4:4. See there for the thicknesses of the walls.</ref> The Azara was 135 amot by 187 amot.<ref>Mishna Middot 5:1, Yoma 16b, Rambam Bet Habechira 5:4</ref> If one alters the dimensions even slightly it is permitted.<ref>Rashi Avoda Zara 43a, Shach 141:33</ref> | |||
# The prohibition applies whether or not one makes rooms or attaches it to another house.<ref>Darkei Teshuva 141:54 citing the Torat Moshe</ref> Making a structure that mimics the Ulam is forbidden whether it has 3 or 4 walls.<ref>Shach 141:34 based on Tosfot</ref> | |||
# There is no prohibition to make a courtyard mimicking the dimensions of Har Habayit.<ref>Mikdash Dovid Kodshim 1:3</reF> | |||
# If a non-Jew made a courtyard or house according to these dimensions that replicate the Bet Hamikdash, some say that one can nonetheless live in it, while others forbid.<ref>Pitchei Teshuva YD 141:12 citing the Tiferet Lmoshe is lenient, while the Darkei Teshuva 141:52 is strict. Darkei Teshuva quotes the Maharam Rotenberg cited by Bet Yosef s.v. vhashta, Pri Haadama v. 3 a"z ch. 3, Gra 141:21, and Shiurei Bracha 141:8 are strict. He does quote the Dvar Moshe 1:122 and Mekor Mayim Chaim who are lenient.</ref> | |||
=Further Reading= | =Further Reading= | ||
