It is forbidden by Torah law to inscribe letters or designs into the skin in a manner that causes them to remain there permanently * The prohibition applies equally to men and women, and to every part of the body * The prohibition against tattooing is a chok—a divine statute whose reason is not explained in the Torah * Nevertheless, several of the early authorities explained that this was the practice of idol worshippers * A person who permanently tattoos a design onto his skin becomes subservient to that design and prevents himself from continuing to renew and develop * Once a tattoo already exists, there is no prohibition in the continued existence of the result, and therefore there is no Torah obligation to remove it.
Today, tattoos can be removed using lasers. It is therefore proper to make an effort to remove them, in order to express one’s rejection of the sin
Tattoos
Q: Are the tattoos that people make today all over the world the same tattoos that the Torah prohibits? Perhaps the tattoos prohibited by the Torah are those associated with idol worship, while decorative tattoos are permitted? And is it permissible to have a non-Jew make a tattoo?
Defining the Prohibition
A: It is forbidden by Torah law to inscribe letters or designs into the skin in a manner that causes them to remain there permanently, as it is stated: “You shall not place a tattoo inscription upon yourselves; I am the Lord” (Leviticus 19:28).
In general, the skin has two layers. The outer layer (epidermis) is composed of cells that are replaced and shed within a few weeks. Therefore, as long as the pigment penetrates only the outer layer, it will gradually fade. By contrast, in the inner layer (dermis), the pigment remains trapped inside cells that are not shed. Thus, although even these cells are eventually replaced, since they are not shed, the pigment remains within the same tissue. Consequently, it remains there for many years, and only after many years does it fade somewhat.
In the past, a prohibited tattoo was made by cutting the skin and inserting pigment through the incision. Once the skin healed and the wound closed, the pigment remained trapped deep within the skin permanently. Today, this is done by puncturing the skin with tiny holes through which the pigment is inserted deep into the skin. The prohibition applies equally to men and women, and to every part of the body (Rambam, Laws of Idolatry 12:11; Shach, Yoreh De’ah 180:2).
The Prohibition Also Applies to Jews Who Have a Non-Jew Make the Tattoo
A non-Jew is not prohibited from tattooing his own body, and a Jew is also permitted to tattoo the body of a non-Jew (Noda BiYehuda, Second Edition, Even HaEzer 135). However, it is forbidden by Torah law for a Jew to ask a non-Jew to tattoo his body (Levush, Yoreh De’ah 180:2; Shach, 180:4; Vilna Gaon, 180:3).
Every Type of Tattoo Is Forbidden
According to Rabbi Shimon, the Torah prohibition applies specifically to writing the name or image of an idol, since such a tattoo expresses the tattooed person’s subservience to idolatry. Other designs are not prohibited by Torah law, but only by rabbinic decree (Makkot 21a, according to most commentators, including Tosafot, Gittin 20b, s.v. “Ketovet”; Tosafot HaRosh, ad loc.; Rabbi Yehuda of Lunel, ad loc., 21a).
In contrast, according to the first Tanna, every type of tattoo is prohibited by Torah law, and anyone who makes one is liable to lashes. The overwhelming majority of the early authorities maintain that the halakha follows the first Tanna (Rambam, Laws of Idolatry 12:11; Yere’im 338; Orchot Chaim, Laws of the Sideburns and Beard 4; Meiri, Makkot 13a; Ritva, Makkot 21a; Rabbeinu Yerucham, Toldot Adam VeChavah, 17:5; and many other early authorities).
The Reason for the Commandment
The prohibition against tattooing is a chok, a divine statute whose reason is not explained in the Torah. We fulfill it out of faith in God, who gave us His statutes in order to bring us merit and elevate us.
Nevertheless, several of the early authorities explained that this was the practice of idol worshippers (Rambam, Laws of Idolatry 12:11; Sefer HaChinuch 233). Even when a tattoo is not connected to any particular form of idolatry, it involves a prohibition associated with idolatry. This is because faith in God connects a person to the infinite light, and through faith in God, a person becomes free, liberated from all subservience to any limited idea or value. Idolatry, by contrast, confines faith to one particular value alone (Peninei Halakha: Faith and Its Commandments 2:2).
Even someone who tattoos one of God’s names onto his body violates a Torah prohibition. This is because even God’s name does not express God’s essence, but only His manifestation (Peninei Halakha: Sacred Objects 11:1). A person who inscribes a sacred name upon his flesh fixes himself to one of God’s manifestations, turning away from the infinite Source and thereby narrowing his faith in God, making it resemble idolatry (see Rabbi Samson Raphael Hirsch on Leviticus 19:28).
Distorting the Divine Image
In addition, a human being was created in the image of God, and his body, as God created it, reflects this idea. A person who tattoos a design onto his body tattoos the form of the divine revelation (Rakkanati on Leviticus 19:28; Radbaz, Metzudat David 72). In other words, instead of allowing the body to reflect the intrinsic value of the human being as a divine creation, he tattoos and degrades himself, turning his body into a foundation and instrument for various designs.
A Tattoo Prevents Renewal
There is another problem with tattooing. A person, who was created in the image of God, must remain connected to the Source of life and, through that connection, constantly renew and elevate himself throughout his life. Someone who permanently tattoos a design onto his skin becomes subservient to that design and prevents himself from continuing to renew and develop. This is the impurity caused by a tattoo: it subjugates a person to a particular design, which seals him off from connecting to the Source of life and receiving infinite inspiration from God.
For a time, the person getting the tattoo may feel that he is adding something that gives his body meaning and beauty. However, as time passes, the tattoo prevents him from opening himself to new things. Even his old ideas and values grow weaker and fade away.
Is There a Commandment to Remove a Tattoo?
Q: If a person deliberately or inadvertently sinned and made a tattoo on his body, is there a commandment for him to remove it?
A: The Torah prohibition is against tattooing the body, as it is stated: “You shall not place a tattoo inscription upon yourselves” (Leviticus 19:28). However, once the tattoo already exists, there is no prohibition in the continued existence of the result, and therefore, there is no Torah obligation to remove it. Our Sages also did not establish that there is a commandment to remove it.
Nevertheless, one must understand that in the past it was extremely difficult to remove a tattoo. When slaves who had been freed wanted to remove tattoos that marked them as slaves, they had to cut their skin and remove the portion containing the pigment, burn the area, or use highly corrosive substances in an attempt to dissolve the pigment, while damaging the skin. This procedure involved terrible pain, left a large scar, and sometimes even caused death as a result of infection. And after all that, sometimes part of the tattoo still remained on the skin. Therefore, many freed slaves preferred to leave the tattoo on their bodies rather than undergo the suffering and danger involved in attempting to remove it. It is therefore understandable that our Sages did not raise the possibility of removing tattoos when doing so involved mortal danger, and terrible suffering.
Is There a Commandment to Remove a Tattoo Through Surgery?
In modern times, approximately 150 years ago, doctors learned to perform surgery under anesthesia while maintaining sterile conditions to prevent infections. As a result, approximately 70 years ago, wealthy people in Western countries were already accustomed to undergoing cosmetic surgery for aesthetic purposes, and it had become possible to remove tattoos surgically without significant risk. This gave rise to the question: Is someone who has tattoos commanded to remove them?
The response of the halachic authorities was that although there is value in removing a tattoo, as we learn from the words of the Minchat Chinuch, who prohibited removing a tattoo on Shabbat because doing so constitutes a form of repair (Mosekh HaShabbat 32, Mochek 4), they ruled that according to the strict letter of the law there is no prohibition against remaining with the tattoo, and therefore there is no obligation to remove it.
This was the ruling of Rabbi Shlomo Zalman Auerbach (quoted in Shevet HaKehati 5:154, published in 5758 [1998]) and Rabbi Yosef Shalom Elyashiv (Chashukei Chemed, Pesachim 75b, 5766 [2006]). The same was written in Responsa LeHorot Natan (8:72, 5750 [1990]), Ravvot Ephraim (8:306, 5758 [1998]), and Mar’eh HaBazak (5:78, 5761 [2001]).
However, Holocaust survivors were instructed not to remove the number that the Nazis, may their names be erased, had tattooed on their arms, because it serves as a remembrance of the deeds of the wicked, and as a sanctification of God’s name (kiddush Hashem), demonstrating that a Jew who survived the Holocaust continues to live his life (Responsa MiMa’amakim 4:22, 5736 [1976]).
The Invention of the Laser
The laser was invented in 5720 (1960), and over time methods were developed to remove tattoos using it. Laser beams are directed at the pigment particles trapped in the skin. Through a series of treatments, the pigment is broken down into tiny particles that the body gradually clears from the skin, until the tattoo disappears.
Removing tattoos with laser beams involves more pain than getting the tattoo in the first place, but the pain is not so severe that it is extremely difficult to endure. The darker the tattoo pigments, the fewer treatments are generally required to remove them, since darker colors absorb more of the laser beams that break them apart. In practice, tattoo removal today takes an average of approximately ten treatments, and its cost can reach ten times or more the price of getting the tattoo.
Laser tattoo-removal treatments began approximately 30 years ago. However, it was only about 20 years ago, beginning around the year 5765 (2005), that tattoo-removal treatments became widespread in Israel. From the year 5775 (2015), there was a significant leap forward in their quality. Thus, the responsa written by rabbis who stated that it is proper to remove a tattoo but that there is no obligation to do so, were referring to surgical removal, which involved considerable suffering, a certain degree of risk, and the leaving of a scar.
It Is Proper to Make an Effort to Remove a Tattoo Using a Laser
Accordingly, the practical halakhic conclusion appears to be that now that it is possible to remove a tattoo using a laser, it is proper to make an effort to remove it, in order to express one’s rejection of the sin. Someone who does not make the effort to remove it indicates that he is not ashamed of it, whereas a person ought to be ashamed of a transgression he committed upon his body. Therefore, even when the tattoo is in a concealed place, it is proper for a person to be ashamed of it and remove it, especially when it symbolizes improper values. However, if someone has tattooed God’s name, it is forbidden to remove it. (When entering a bathroom or bathing, it must be covered so as not to compromise its honor.)
If the tattoo is visible, it is proper to remove it also in order to prevent a desecration of God’s name (chillul Hashem), so that people will not mistakenly think that the person is proud of his sin, and to prevent others from wanting to imitate him. It is possible that if our Sages had had the ability in their time to remove tattoos using laser beams, they would have ruled that one is obligated to remove them. However, in practice, since no obligation to remove a tattoo was established, there is no absolute requirement to do so; rather, it is the proper course of action. In any event, a person who finds it difficult to remove his tattoos should not delay drawing closer to the Torah on account of them.
This article appears in the ‘Besheva’ newspaper and was translated from Hebrew.
