Anonymous

Drawing or Sculpting Forbidden Images: Difference between revisions

From Halachipedia
Line 65: Line 65:
# 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>
# The Rambam placed these Halachot in Hilchot Klei HaMikdash, 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>
# The Rambam placed these Halachot in Hilchot Klei HaMikdash, 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>
# Some also include understanding the meaning of the Torah's description of the Kelim to be justification to construct replicas. Therefore, a miniature Beit HaMikdash or Mishkan model would be permissible to construct.<ref>Halichot Olam vol. 7 pg 288. Rav Ovadia</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 zarah 43 and Rosh Hashanah 24a</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 zarah 43 and Rosh Hashanah 24a</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>
# 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, many Poskim allow a shul to keep such a Menorah if they end up in position 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, the 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' Daily Halacha on iTorah]</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)</ref>


=Further Reading=
=Further Reading=