Halakhah su Deuteronomio 25:3

Rav Moshe Feinstein (Teshuvot Igrot Moshe C.M. 2:66) was asked whether it is permissible for a young woman to undergo cosmetic surgery to improve her chances of finding a suitable marriage partner. Rav Moshe approved the surgery based on the Rambam’s (Hilchot Chovel Umazik 5:1) definition of the prohibition of chavalah (wounding). In general, the Torah prohibits both wounding another person (see Devarim 25:3) and, as the Gemara (Bava Kama 91b) adds, even wounding oneself. The Rambam specifies that wounding is forbidden when it is performed “in a degrading manner,” (derech bizayon) or, according to an alternative text, “in a belligerent manner” (derech nitzayon). Thus, although the Rambam rules in accordance with the Tannaitic view (ibid.) that an individual is forbidden to wound himself, Rav Moshe infers from the Rambam’s proviso that if the wounding (whether of others or of oneself) is done in a beneficial manner, the prohibition of chavalah does not apply.¹For further discussion and a summary of the authorities who either agree or disagree with Rav Moshe interpretation of the Rambam, see Rav Daniel Feldman, The Right and the Good pp. 159-161.

And from this you will see how many people err in these things [to the extent] that if something is stolen from them, and they suspect someone, they tell the city dignitaries that they have "indications" against him, and they "beat and punish" not in accordance with the din to make him confess. And, in truth, this is not in accordance with the din. For if "indications" were like proof to the act [of theft] itself (and the city dignitaries are considered like beth-din), would they not have to know first that it [the object] were stolen? Would witnesses to the "indications" not be required, or they themselves have to see [the "indications"]? (as in the story of Mar Zutra, viz. Sanhedrin 46a), but not rely on the claimant and smite a Jew in vain! And even only to believe the claimant in their heart that this man stole from him is forbidden because of acceptance of lashon hara. How much more so, to rely upon this and to beat him, whereby they perform a great issur and transgress the negative commandment of "He shall not [smite] more!" (Devarim 25:3).

(Ayin) And now let every man be enlightened and understand the need for the unity of the rich and the poor and give charity at all times – and especially to poor Torah scholars, to strengthen them in the Torah of the Lord. And they said in the Talmud (Makkot 22b), “How foolish are […] people who stand before a Torah scroll, and [yet] do not stand before a great man; as in a Torah scroll, it is written (Deut. 25:3), ‘[He shall strike him] forty,’ but the Sages came and subtracted one.” And it is asked from that which they said in Kiddushin 33b, “What is [the law] as to [whether one should] stand before a Torah scroll?” And they said, “One stands before those who study it;⁵³Based on Lev. 19:32. [is it] not all the more so [the case] before it?” And it is implied from this that the honor of the Torah is greater than that of those who study it. And it appears to me that [the solution to this apparent contradiction can be found] according to what is written in Tiferet Yisrael:⁵⁴54Maharal, Tiferet Yisrael, Chap. 89 (p. 216 in the 1955 London edition).
As when we contemplate the creation of the Creator, [we see that] all created things require refinement and a different making – as it is [found] in the Midrash (Bereishit Rabbah 11:6), “Everything that was created in the six days of creation requires refinement and another making – wheat needs to be ground, mustard needs to be sweetened.” And since the Torah was given from God, may He be blessed, to a prophet, and the level of the intellect is greater than that of prophecy – and as we say (Bava Batra 12a), “A sage is greater than a prophet” – and just as the acts of the intellect are greater than the acts of nature, so too is [the intellect] greater than prophecy; and so, the sages are the essence of the Torah and its refinement. And because of that, “the Sages came and subtracted one, etc.” And the Torah came to the world like all [natural] things that are not refined, but are only refined by man through his intellect. And [so] the intellect refines the prophecy, etc. And in the Midrash (Tanchuma, Tazria 5), it is written, “Turnus Rufus asked Rabbi Akiva, ‘Which are the greater works, [those of the Holy One Blessed be He, or those of flesh and blood?’ [R. Akiva answered] him, ‘Those of flesh and blood are greater.’]” Behold, that even the acts of God, may He be blessed, require refinement, etc. And let it not be a wonder in your eyes how man refines the words of prophecy with his wisdom, and likewise how wisdom can refine nature, which was created by God, may He be blessed. As everything is from God, may He be blessed – nature, wisdom, creation and refinement. [See there.]
And this was their intention, may their memory be blessed: “Foolish are the people who stand before a Torah scroll, and [yet] do not stand before the rabbis” – as the essential refinement and completion of the Torah is through the Sages, who “subtracted one.” And behold this is like one who has a vineyard [and] ‘planted a choice vine, ‘but there is no man to work its land.’ Behold his vineyard is as if it were not [in existence]. However, if he hires workers and they work on the ‘vineyard in the fruitful corner’ – then ‘the crushers will call out, “heidad, heidad”; they shall sing of it, “Vineyard of Delight.”’ And nevertheless, the workers will not be the best of his possessions. Rather the vineyard [remains] the main thing. Yet he needs the workers; and without them, it will not be established. So is it with the Torah: If there were no Torah scholars to clarify and refine [it], it would be like a ‘sealed book’ – as you do not have any commandment explained in the Torah. We would not know how many sections [to include] and what to write in tefillin; and so with fringes (tsitsit), mezuzah, forbidden mixtures of fabric (shaatnez) and many like these. And regarding lashes, they subtracted one. So without the Torah scholars, the Torah would be as if it were not [in existence]. But [in the case that] we have already strengthened the hands of those that strengthen [the Torah] – the Torah scholars that refine it – and we have already ‘eaten its bread and drank its wine,’ [the Torah] is the main thing and not its workers. This is like a pearl: At the beginning of its being found, it is sealed and covered and not worth anything. But when one has a servant that pierces pearls, he transforms it and gives it great value. Nevertheless, the servant is not the main thing, but rather the pearls. And so is it with Torah: “If we stand before those that study it” – who are its workers and have already refined it and completed it – “[is it] not all the more so [the case] before it,” as it is the main thing. And understand [this].