Halakhah su Levitico 19:28

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 Rishonim disagree about how long a tattoo must last in order to constitute a violation of the prohibition of kitovet ka’aka. While Rashi (commentary to Vayikra 19:28 and Gittin 20b s.v. Kitovet) and the Ritva (Makkot 21a s.v. Hakotev) describe kitovet ka’aka as something permanent, the Nimukei Yosef (Makkot 4b in the pages of the Rif s.v. Ad Sheyichtov) defines kitovet ka’aka as something that lasts “for a long time.”

Precisely how does one violate the prohibition of kitovet ka’aka – by actually inscribing the tattoo, or even by having it inscribed on his body? Which does the Torah intend when it commands (Vayikra 19:28), “Uchtovet ka’aka lo titenu bachem,” “You shall not put a tattoo on yourselves?” The Tosefta (Makkot 3:9) states that both aspects are included – both one who inscribes a tattoo and one who allows a tattoo to be made on his body violate the biblical prohibition.