Mishnah
Mishnah

Halakhah for Makkot 3:6

הַכּוֹתֵב כְּתֹבֶת קַעֲקַע, כָּתַב וְלֹא קִעֲקַע, קִעֲקַע וְלֹא כָתַב, אֵינוֹ חַיָּב, עַד שֶׁיִּכְתֹּב וִיקַעֲקֵעַ בִּדְיוֹ וּבִכְחֹל וּבְכָל דָּבָר שֶׁהוּא רוֹשֵׁם. רַבִּי שִׁמְעוֹן בֶּן יְהוּדָה מִשּׁוּם רַבִּי שִׁמְעוֹן אוֹמֵר, אֵינוֹ חַיָּב עַד שֶׁיִּכְתּוֹב שָׁם הַשֵּׁם, שֶׁנֶּאֱמַר (ויקרא יט) וּכְתֹבֶת קַעֲקַע לֹא תִתְּנוּ בָּכֶם אֲנִי ה':

If one writes with engraving (in the skin, i.e., tattooing), if he writes [on his skin with ink or bluing], but does not engrave [with a knife]; or if he engraves [with a knife], but does not write, [i.e., he does not fill it in with ink or bluing], he is not liable. (He is liable) only when he writes and engraves: with ink, bluing, or anything else that leaves an impression. [The language of Scripture is being followed, viz. (Leviticus 19:28): "writing that is engraved"; first writing, then engraving. But, in practice, the engraving is first, and then the writing. And the verse implies this: "Writing (in the midst of) engraving you shall not make upon yourselves."] R. Shimon b. Yehudah says in the name of R. Shimon: He is not liable until he writes the name there, it being written: "And writing that is engraved you shall not make upon yourselves; I am the L rd." [("until he writes the name there":) The Gemara explains that the name of idolatry is meant, the verse being understood thus: "Do not make upon yourselves the name of idolatry, for I am the L rd" — Do not join others unto Me. The halachah is not in accordance with R. Shimon.]

Gray Matter III

As mentioned, the Mishnah (Makkot 3:6) states that one receives malkot only if he both inserts the dye and scratches the skin. The Rivan (ad. loc. s.v. Kitovet) describes the process of kitovet ka’aka as specifically following that order – first writing and then making a tear in the skin. The Rambam (Hilchot Avodat Kochavim 12:11), on the other hand, describes kitovet ka’aka as first tearing the skin and subsequently inserting the dye. Might the status of cosmetic tattooing, in which a cut is made before dye is inserted, hinge on this dispute between the Rambam and the Rivan?
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Gray Matter III

The Mishnah (Makkot 3:6) records the opinion of Rabi Shimon that one is flogged for violating the prohibition of kitovet ka’aka only if he tattoos the name of an idol onto his skin. The Chachamim, however, require flogging for any tattoo. The Rishonim disagree about which opinion is regarded as normative. While we usually accept the majority opinion, the Gemara (ibid.) records a discussion of the opinion of Rabi Shimon, leading some Rishonim to conclude that his opinion is the accepted one. 8For a summary of the opinions, see the Otzar Meforshei Hatalmud, Makkot p. 847 note 20. The Beit Yosef (Y.D. 180 s.v. Shechayav) quotes Rabbeinu Yerucham, who cites conflicting opinions and concludes that the Halachah follows the view of the Chachamim. The Beit Yosef agrees, noting that this also appears to be the opinion of the Rambam.
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