Le Lévitique 19:28 Halakha : Gray Matter III, Mishneh Torah, Foreign Worship and Customs, Mishneh Torah, Negative Mitzvot & Sefer HaMitzvot

Recently, procedures have been developed to tattoo permanent or semi-permanent makeup on women. In the process of applying permanent makeup, also known as micropigmentation, dermapigmentation, or cosmetic tattooing, a needle deposits colored pigments made from iron oxide into the skin’s dermal layer (the layer between the permanent base layer and the constantly changing top layer). This procedure is performed on the lips or around the eyes under antiseptic conditions, with the patient under anesthesia. The tattooing can be either permanent or semi-permanent, with the latter form lasting up to three years and eventually disintegrating. These procedures are very tempting for observant women (especially those blessed with the task of caring for young children), as they save time and avoid the problem of applying makeup on Shabbat.¹We discuss the issue of applying makeup on Shabbat in a later chapter. However, there are serious halachic problems associated with such makeup. The consensus among contemporary poskim is that it violates the prohibition of kitovet ka’aka (tattooing; Vayikra 19:28). We will explore the prohibition of applying a tattoo and see how contemporary poskim relate it to the issue of permanent and semi-permanent makeup. As with countless other contemporary halachic issues, poskim are compelled to define the parameters of kitovet ka’aka very rigorously in order to arrive at a conclusion.

The etched-in writing against which it is spoken of in the Torah is, not to make an incision in one's flesh and fill in the incision with paint, or ink, or any other dyes which enface. This was an idolatrous custom, to make themselves to idolatry, proclamatory that every one of them is a sold slave to it, and indentured in its service. And, from the moment one will enface with any kind of dye which enfaces, after making an incision in any place of the body, whether it be done by man or by woman, he or she, is striped. If one wrote but did not enface with dye, or if he did enface with dye but did not write in the incision, he is not guilty; for he must do both, write by incision and etch-in with dye, even as it is said: "And any etched-in writing shall you not fix on yourselves" (Lev. 19. 28). This is to say against the one who does the writing, but he who upon whose flesh the etched-in writing was done is not guilty save if he assisted in a manner to constitute it an overt act; but if he contributed nothing to the work itself he is not striped.¹⁴Makkot, 21b; Sifre, Lev. Ch. 19. C. G.

One who makes a single incision in his flesh for the dead is striped, for it is said: "And for the dead shall ye not make any incision in your flesh" (Ibid.), regardless of whether a priest or lay-Israelite does it. If one made a single incision for five dead people, or five incisions for a single dead person, he is striped five times, provided warning was given him in each instance.¹⁵Kiddushin, 37b; Makkot, 20a. C.