Tattoo, You Shall Not Put: Is It Permissible to Write on Your Hand with a Pen?

Is it permissible for a person to write a phone number or other memory aid on their hand with a pen, or does this violate the prohibition against tattoos?

A. The Mishnah in Tractate Makkot (21a) states: One who makes a tattoo, if he wrote but did not tattoo, or tattooed but did not write, is not liable until he both writes and tattoos with his hand, using blue dye or any other permanent marking. The Tosafot (Gittin 20b, s.v. "regarding tattoos") write: "According to Torah law, there is no prohibition unless one both writes and tattoos with ink and blue dye, as taught in the third chapter of Makkot (21a), however, there is a rabbinic prohibition here." However, in Tosafot HaRosh (ibid), the version reads: "There is no prohibition, as taught in the last chapter of Makkot, unless one writes, tattoos, and applies blue dye."

B. The Rambam (Laws of Idolatry 12:11) wrote: The tattoo mentioned in the Torah refers to scratching one's flesh and filling the scratched area with blue dye, ink, or other permanent coloring. This was a custom of idolaters, who would mark themselves for idolatry, indicating that they were servants sold to it and marked for its worship. From the moment one makes such a mark using any permanent substance after scratching any part of the body, whether man or woman, they receive lashes. If one wrote but did not apply color, or applied color but did not scratch – they are exempt until they both write and tattoo, as it says, "tattoo marks," etc. From the Rambam's words, it appears that even applying color or ink to the flesh without tattooing is forbidden.

C. In the book Minchat Chinuch (Mitzvah 303), he forbids this based on the Beit Shmuel (Even HaEzer 124:16), who states that even writing without filling it with ink is rabbinically prohibited. However, the Minchat Chinuch concludes that there is no rabbinic prohibition unless the writing is permanent and cannot be erased, like the scratch itself. But ordinary writing on one's body, whether with ink or paint, carries no prohibition.

D. In Responsa Divrei David (Vol. 2, Yoreh De'ah 30), he quotes the book Be'erot HaMayim, which explains the Rambam's use of the word "exempt." He notes that since the Rambam did not write that one receives rabbinic lashes, it implies that since this matter is only forbidden due to gentile customs – if one did not follow gentile practices (i.e., both engrave and color), it is not forbidden.

E. In Responsa Shevet HaLevi (Vol. 3, Section 111), he writes that the Minchat Chinuch's words are puzzling, since the Beit Shmuel wrote: "wrote but did not fill with ink," meaning he scratched but did not fill the scratch with ink. But writing without any tattooing at all – there is no indication from this that it is forbidden. His words are very correct.

Therefore, since most poskim tend to be lenient, and even the Rambam's words do not necessarily forbid this, it remains a rabbinic doubt. Combined with the Minchat Chinuch's leniency regarding non-permanent ink, and the views of the Rosh and Rif who rule like Rabbi Shimon that one is not liable unless writing Hashem's name – it is permissible from the outset to write with ink on one's hand as a reminder or similar purpose.

Summary of the Law: It is permissible to write on one's hand or flesh with ink using a pen or similar instrument as a reminder, such as a phone number, and this does not violate the prohibition against tattoos.

Rabbi Shai Amar is a rabbi in the Halacha department of Hidabroot

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