Rabbi's Blog

There are many times the Torah repeats certain Mitzvos, and Chazal identify the distinctions. In this week's Parsha Emor the Torah seemingly repeats a number of Mitzvos regarding the laws of mourning and its practices. In Vayikra 21:5 the Torah states: "Lo Yikrichu Korcha B'Rosham, U'P'As Zkanam Lo Yigaleichu, UBivsaram Lo Yisritu Sarates":"They shall not make baldness upon their heads, and the corner of their beards they shall not shave off, and in their flesh they shall not make any cuttings". An almost identical idea is found in found in last week's Parsha Kedoshim 19:27,28. The only obvious omission from last week to this week is at the end of 19:28 where the Torah states: "U'K'soves Ka'a'Ka Lo Sitnu Bachem: "And imprints of marks you shall not affix on yourselves. This is the Issur -prohibition - of permanent tattoos. I can only speculate as to why the Torah only mentions tattoos in Kedoshim and not in Emor. The reason why tattoos are forbidden is a matter of different opinions. Rashi in Gemara Makkos says that it is strictly a gezeiras hakasuv, a decree of the verse meaning it is a chok, a law which reasons we cannot understand. The Rambam, in the laws of Avoda Zara 12:11, writes this was a custom among the non-Jews who would make an impression on their bodies as service to their deity. The individual wants to sell himself like a slave and is marked on his body that he is the property of this man. Therefore, according to the Rambam it makes sense why the Torah concludes the section by reminding the Jewish people that Hashem is our God. The Eben Ezer explains that the tattoo was a picture of the person who died and they are now mourning for him. They would tattoo the name or the picture of the deceased on the hand or arm of a living relative who was mourning his or her death. Baal HaTurim says the Gematria of the word Ka'a'ka is 340, the same as the word Shem/name. The writing is the name of the Tumah, bearing the name of an avoda Zara. The Netziv, Rav Naftali Yehuda Zvi Berlin, in his commentary Haamek Davar on Chumash explains tattooing was for the other nations of the world to add to their pain over the loss of a loved one by etching out lines on the flesh of a living person. As a remembrance to the deceased, mourners would scratch out his name. If there was someone who did not want to do this, he would "rent" a poor person and tattoo the name of the deceased on his body. This was similar to hiring professional criers at a funeral - people who were hired to evoke emotions from the attendees. When I was growing up, tattoos were only seen on people perceived to be thugs and members of the lower class of society. Perhaps there were also individuals who had low self-esteem or just wanted to make a statement about themselves who tattooed their bodies with permanent marks. Today I look around and it seems as though almost everyone has some sort of tattoo, including-the guy bagging groceries, lawyers, doctors, nurses and professional athletes. The tattoo is "in". Even children are getting permanent tattoos. Workers are adorned with more body art than ever, but generational and cultural divides still keep most of the ink covered up. I came across an article published by MSN last Friday which quoted from an annual survey of the Center for Professional Excellence at York College of Pennsylvania, stating that 61% of human-resources managers said a tattoo would hurt a job applicant's chances. That's up from 57% in 2011. The article further quoted a Pew Research poll taken in 2010 which found that 23% of the adult population of the United States have at least one tattoo. That number rises to 32% among Generations X and Y and to 40% among millennial with 18% of those having six or more tattoos. Pew also stated that approximately 70% of the millennial cover their tattoos beneath their clothing. MSN quoted the New York Times which spoke of tattooed individuals wearing long-sleeved shirts, sweaters, and other garments just to get through job interviews. Currently, there are no laws forbidding discrimination against tattooed applicants, but once hired, attitudes towards talented tattooed workers may very well change. According to Inc., in 2007 over 15,000 registered tattoo parlors throughout the U.S. declared gross sales of $2.3 billion annually. To me, the phenomena of a society seeking to invest in permanent in body art reinforces the relevance of the Torah today. Halachik issues come up time and time again in our society that affect us as Jews. The fact that the prohibition of tattooing our bodies is a Mitzva in the Torah demonstrates its challenges to us, just as any other desire that must be controlled as God-fearing, observant Jews. Perhaps I can take license here by suggesting that the omission of this Mitzva in this week's parsha sends a hint to us that if someone did intentionally get a tattoo it should be removed. *A number of contemporary Poskim/authorities discuss the pros and cons and the obligation or lack of obligation to remove a tattoo. Rav Ephraim Greenblatt and Rav Nosson Gestetner Zt"l conclude that there is no obligation to have it removed. The violation was committed, and now it is finished. Still, is it better to remove it anyway? This should be discussed with a person's own Rav/Rabbi for guidance. Ah Gut Shabbos Rabbi Avram Bogopulsky *The Halacha discussion of the obligation to remove a tattoo is ONLY when it was put on willingly. A forced tattoo does NOT fall into the purview of this article.