Parshas Tazria Metzora 5786 – Intriguing Questions & Answers

Rabbi Yaakov Aron Skoczylas   -  

Reducing a Boy’s Nose Through Plastic Surgery

Q: I was asked by a young man who broke his nose in several places. It is now crooked, and he needs plastic surgery to straighten it. He asked me two questions:

1. Is a person allowed to undergo plastic surgery in general? After all, the procedure involves wounding the body, and there is a prohibition against injuring oneself, as explained in the Gemara in Bava Kama 91a and in the Shulchan Aruch (Choshen Mishpat 420:31). If so, how is it permitted to undergo plastic surgery for the sake of beautification?

2. Additionally, since most people who undergo plastic surgery for beauty are women, perhaps there is an issue of the prohibition of “lo yilbash” (a man adopting practices associated with women). Maybe undergoing surgery for beautification is considered a feminine act and is therefore prohibited. Practically, his main uncertainty was as follows: since his nose is somewhat large, can he ask the surgeon, at the same time that the nose is being straightened, to also reduce its size—especially for the purpose of shidduchim? Or is there a concern of lo yilbash since the reduction is specifically for aesthetic purposes?

A: In my humble opinion, there is no concern of self-injury (chavalah), nor is there a concern of lo yilbash. It is even permissible to request that the plastic surgery include reducing the size of the nose while it is being straightened. To explain: Regarding why there is no prohibition of self-injury in plastic surgery—even when done purely for beautification—Rav Moshe Feinstein zt”l writes in Igros Moshe (Choshen Mishpat 2:66) that cosmetic or plastic surgery is permitted. This includes procedures on the nose, face, or other parts of the body for the sake of beauty. Although it is generally forbidden for a person to injure himself (as Tosafos writes in Bava Kama 91b), nevertheless, when the injury is for the person’s benefit, it is not included in the prohibition. The prohibition applies only when the injury is done in a degrading or quarrelsome manner. Injury for the sake of improvement or benefit—like bloodletting—is permitted, since it is done for the person’s good.

As for the concern of lo yilbash (engaging in practices associated with women), Rav Shlomo Zalman Auerbach zt”l writes in Minchas Shlomo (Tinyana 86:3) that in cases where the act is not done merely for beautification but due to distress—such as when a person’s nose is unusually different and causes embarrassment—there is room to be lenient. This is supported by Tosafos in Yevamos 48a and the Gemara in Nazir 59b. Furthermore, the issue of self-injury also does not apply here, since the act is corrective in nature. Many later authorities likewise permit such actions in cases of embarrassment.

I also heard from my Rebbe, Rav Avigdor Nebenzahl shlit”a, that he permitted such a case: a young man with a broken and crooked nose for purposes of shidduchim may undergo plastic surgery without concern. He added that if, at the same time, the young man wants to reduce the size of his nose, there is likewise no issue, since once the surgery is permitted to correct a defect, this additional improvement is included in that permission.

Although at the end of the sefer Kerem Shlomo it is written b’shem gedolei hora’ah that altering one’s appearance through cosmetic surgery purely for beautification (such as changing skin appearance) is forbidden, nevertheless, in practical halachah many permit it, as we have written. This is also supported by later authorities who allow procedures to remove facial blemishes in order to avoid embarrassment, in which case there is no concern of lo yilbash. Therefore, a man who wishes to do so—whether because of embarrassment due to excess tissue, or to shorten an unusually long or abnormal nose, and the like—is permitted.


Haircuts on Erev Shabbos Kodesh When It Falls on Rosh Chodesh Iyar

Q: What is the practical halachah when Erev Shabbos coincides with Rosh Chodesh Iyar—may one shave or get a haircut?

A: The commonly accepted ruling among many leading halachic authorities is that when Rosh Chodesh Iyar falls on Erev Shabbos, even though some are careful to follow the directive of Rabbi Yehuda HaChassid not to take a haircut on any Rosh Chodesh—even when it falls on Erev Shabbos—nevertheless, the practical ruling is to permit haircuts even for those who are stringent in following that directive. This is because, due to the customs of Sefiras HaOmer, one was unable to get a haircut beforehand.

To explain: The Mishnah Berurah (siman 493:5) and Kaf HaChaim, bring down in the name of the great Achronim, that it is permitted to take a haircut on Erev Shabbos in honor of Shabbos when it is also Rosh Chodesh. The reason is that there is an added element of joy—both Shabbos and Rosh Chodesh—and therefore one may take a haircut in honor of both. However, according to the directive of Rabbi Yehuda HaChassid, as brought in the Mishnah Berurah (siman 260:7), one should not shave or take a haircut on Rosh Chodesh. As it states there, some places have the custom not to cut hair or nails on Rosh Chodesh even when it falls on Erev Shabbos, because such was the instruction of Rabbi Yehuda HaChassid. According to this custom, one should be stringent when Rosh Chodesh Iyar falls on Friday.

Nevertheless, in Igros Moshe (Orach Chaim, vol. 6, end of siman 36), Rav Moshe Feinstein writes that when Rosh Chodesh Iyar falls on Erev Shabbos, haircuts are not prohibited on account of Rabbi Yehuda HaChassid’s directive, since one was unable to cut hair earlier due to his established custom. This is also the ruling of Rav Yosef Shalom Elyashiv zt”l, as cited in the responsa Yisa Yosef (vol. 4, siman 118).

Additionally, in Kovetz MiBeis Levi (p. 341), the view of the author of Shevet HaLevi zt”l is brought: if Rosh Chodesh Iyar falls on Friday, those who follow Rabbi Yehuda HaChassid’s directive may take a haircut earlier—on Thursday after midday. He cites Kaf HaChaim (siman 493:47), who b’shem Shiyarei Knesses HaGedolah and other Acharonim brings leniencies in this matter. Therefore, some halachic authorities permit beginning haircuts even on Thursday night after sunset, and one who is lenient in this has authorities to rely upon.


Asking a Non-Jew to Turn Off an Alarm Activated on Shabbos

Q: If someone has an alarm system in his home that goes off in the middle of Shabbos late at night, is it permitted to ask a non-Jew to come on Shabbos and turn off the alarm—especially since it is making a very loud noise?

A: It appears that if an alarm goes off on Shabbos and is very noisy, disturbing neighbors and the like, it is permitted to ask a non-Jew to turn it off on Shabbos. To explain: The Rambam (Hilchos Shabbos 6:9–10) writes that something which is not a melachah d’Oraisa but only prohibited mishum shvus (which is an issur mederabana) may be done via instructing a non-Jew on Shabbos, provided there is some illness, a significant need, or for the sake of a mitzvah. This is codified in the Shulchan Aruch (siman 307:5).

The Magen Avraham (307:7) discusses permitting amirah l’nochri in a case of financial loss even when dealing with a rabbinic prohibition. The Tosafos Shabbos (307:12) rules like the Magen Avraham, allowing leniency in cases of significant loss, and this is also the view of the Shulchan Aruch HaRav (307:12). The Eliyah Rabbah disagrees, and the Mishnah Berurah (307:22) brings the dispute without deciding definitively. However, later (307:68), it seems he leans toward the lenient view in cases of significant loss, and earlier (247:18) he appears to allow leniency even for ordinary loss.

Regarding our case: as mentioned elsewhere, although some (like the Chazon Ish) are stringent regarding electricity on Shabbos, considering it potentially a biblical prohibition (such as boneh), nevertheless, authorities such as the author of Igros Moshe and Minchas Yitzchak treat electricity—at least regarding amirah l’nochri—as a rabbinic prohibition. Therefore, this situation is considered a case of shvus d’shvus (a double rabbinic prohibition). If there is any element of loss or distress, one can rely on lenient opinions among the later authorities.

The Aruch HaShulchan (307:18) writes that for something prohibited only mishum shvus, one may ask a non-Jew to do it on Shabbos in cases of slight illness, significant need, or for a mitzvah. From his words it appears that even in a case of ordinary loss one may be lenient. Therefore, in a situation like this—where there is disturbance to neighbors and distress—it is treated like a form of loss, and it is permitted.

I later saw in the sefer Divrei Chachamim (p. 221) in the name of some poskim that if an alarm went off mistakenly, it is permitted to ask a non-Jew to turn it off, as it is a case of shvus d’shvus b’makom mitzvah or significant need, since it greatly disturbs one’s peace of mind and that of others. Similarly, in Mesoras Moshe (vol. 1, p. 77), it is brought that Rav Moshe Feinstein zt”l said that since this request is for the sake of oneg Shabbos—because the loud noise disturbs neighbors—it is permitted to ask a non-Jew, especially since later authorities allow shvus d’shvus in cases of great need.

It should also be noted that in Kovetz Halachos by Rav Shmuel Kamenetsky shlit”a (Hilchos Amirah L’Nochri, p. 296), he rules that if an alarm system is already connected and active on Shabbos (but not currently making noise), it is forbidden to directly instruct a non-Jew to disconnect it. However, one may hint to the non-Jew in an indirect manner to do so. This follows the ruling of the Shulchan Aruch (siman 307:19), that one may hint to a non-Jew on Shabbos to perform a melachah when the Jew does not directly benefit from the act on Shabbos. Therefore, turning off an alarm system may be hinted at. In that case, the discussion is about preventing a future disturbance, not stopping an active one—hence only hinting is permitted.