CARR 22-23 - Central Conference of American Rabbis

Cosmetic

QUESTION: An eye surgeon has asked whether there would

be anything in Jewish law against the procedure of inserting an inert pigment into the superficial

dermis at the base of the eyelash. Its purpose is cosmetic in nature and has been requested by

many individuals. Some have physical handicaps which make the application of normal

cosmetics difficult or are allergic to a normal cosmetic. Others have requested it as a

convenience. The procedure has also been suggested to accompany a variety of

surgical procedures used to correct defects or following serious accidents which lead to the loss

of eye lashes. Appropriate tests to assure no allergic reaction will, of course, be made in each

instance. As Judaism is opposed to tattooing, is it permissible to use this procedure on Jewish or

non-Jewish patients? (Rabbi R. Agler, Boca Raton, FL)ANSWER: The Biblical text

of the Book of Leviticus (19.28) states, “you shall not make gashes in your flesh for the dead or

incise any marks on yourself. I am the Lord.” This passage has been interpreted by the

Talmud to deal primarily with incisions made at a time of mourning for the dead (Mak.

20b). However, the next Mishnah prohibits any “incised imprint”; an offender was to be

flogged. There was some discussion in the Talmud whether such an “imprint” refers only

to incisions of the name of God or of idolatrous deities. One authority, Rabbi Malkiah, even

prohibited the covering of a wound with burnt wooden ashes as it might appear like an “imprint”

(Mak. 21a). This prohibition against tattooing included the permanent marking of slaves to avoid

their flight (Git. 86a). Curiously, the writing of the Divine name on top of the skin, and covering it

to avoid erasure during a bath, was permitted (Shab. 120b). In each of these instances in which

tattooing is prohibited, it is done so on the basis of being an idolatrous practice or marring the

human body. Eye makeup and facial makeup is mentioned in the Bible (Jer.

4.30); it was a practice followed by women of doubtful morality, such as Jezebel (II Kings 9.30),

and was condemned by the prophets (Ez. 23.40; Jer. 4.30). In the Mishnaic period, eye makeup

was accepted although sometimes still frowned upon (Tosefta Sotah 3.3; Shab. 95a; M.

B. K. 1.7; B. K. 117a; Ber. 18b, etc.) There was some discussion about which eye makeup might

be provocative (Shab. 11b; 80a). Cosmetics are prohibited during the period of mourning (Ket.

4b). These traditional sources make it clear that there would be nothing wrong with

any temporary application of a cosmetic. They would prohibit its application in a permanent way

as marring the human body. When the procedure is used as a surgical procedure to

restore the eye after an accident, or to correct some other deficiency, it is permissible as any

other surgical procedure. It would also be appropriate for use with handicapped individuals. It

would, however, violate the spirit of tradition to use this procedure in a broad, general

manner.January 1985