Question: Some make pictures of Chayos and birds in their Machzorim. Is this acceptable?

Answer: This is improper. Since they look at the pictures, they do not direct their hearts to Hash-m;

However, there no Isur of "Lo Sa'aseh Lecha Pesel..." We conclude in Avodah Zarah (43b) that R. Gamliel (who had pictures of the moon, to interrogate witnesses who say that they saw the new moon) was different, for others made them for him.

There not even suspicion about pictures that are mere dyes, without any substance (thickness).

We are concerned for suspicion only regarding a signet ring that protrudes, but not if it recesses, and all the more so if it neither protrudes nor recesses, rather, mere dyes.

Assertion: Even a Yisrael may draw pictures with dyes, and Lo Sa'aseh Lecha Pesel does not apply;

Only a full face carved out [and colored] with dye is forbidden, but pictures are permitted.

Support: It says in Bava Basra 54a that one who draws a picture in the property of a convert (who died without heirs) acquired it;

Rav acquired the garden for Talmidim through drawing a picture in it. (Surely, Rav did not transgress!)

Question (R. Shmuel): We say that Kiyur (making a picture) acquires only if it is an Amah opposite the opening!

Answer (R. Shmuel): That does not refer to pictures of creations, rather, mere drawing for decoration or flowers;

A picture of a Chayah or bird is important. It need not be an Amah and opposite the opening in order to acquire.

Inference: Rav drew a Chayah or bird!

Conclusion: Rather, surely, mere dyes are permitted.

Implied question (Mechilta) Suggestion: Perhaps Lo Sa'aseh Lecha Pesel... - forbids making Glufah, but one may make Atumah (these will be explained);

Citation (ibid.) Answer: "V'Chol Temunah" [forbids...] even Behemos, Chayos, birds, fish, grasshoppers, and even Buvim and even Surzirim...

Explanation: It seems that Glufah is a protruding image, and Atumah is a recessed image;

"Asher ba'Mayim mi'Tachas la'Aretz" includes Buviya, i.e. he draws a picture and carves an image like a reflection in the water;

One might have thought that only what is "ba'Shamayim mi'Ma'al va'Asher ba'Aretz mi'Tachas la'Raki'a" is forbidden, but the form of an image of a reflection in the water is permitted;

Citation: "Va'Asher ba'Mayim" forbids this. Some say that it includes Surzirim...

It seems that this is a Sheretz in the water called Ninsa.

Assertion: All these, the Isur is only making carved faces, but not dyes, like I proved.

Question: However, Shlomo's throne is difficult. It says "u'Shnayim Arayos Omdim Etzel ha'Yados u'Shneim Asar Arayim..."!

Suggestion: This was Al Pi ha'Dibur (Hash-m permitted it through prophecy) - "va'Yashev Shlomo Al Kisei Hash-m l'Melech"! (Perhaps "Kisei Hash-m" connotes that Hash-m commanded about it.)

Rejection: From now (after Moshe died), a prophet cannot be Mechadesh new Halachos.

Answer #1: We can say that Migdar Milsa is different (one may temporarily permit an Isur in order to fence a breach), like Eliyahu [was permitted to offer a Korban outside the Mikdash] on Har ha'Karmel;

Perhaps also here there was Migdar Milsa. When witnesses came to testify in front of Shlomo, the lions would roar, like it says in the Midrash, and they feared to testify falsely;

Answer #2: Others made the lions for him.

There was no concern for suspicion, since many people were frequently by him, like we say about R. Gamliel.

Implied question: Why were they allowed to make carved pictures in the walls around the Heichal and Kodesh ha'Kodoshim? The face of a young lion faced the form of a date tree on one side, and the face of a [mature] lion faced the date tree on the other side.

Note: Si'ach Yitzchak points out that no verse says so about the walls of the Bayis. Melachim 1:6:29 mentions Keruvim and Timoros, and regarding the Mechonos (bases of the fountains) it mentions (1:7:36) Keruvim, lions and Timoros. In Yechezkeil, regarding the walls of the future Mikdash, mentions a human face on one side of the date tree, and the face of a young lion on the other side. He questions why Tosfos did not bring the verse about Bayis Rishon.

Answer #1: This was Al Pi ha'Dibur - "ha'Kol bi'Chsav."

Answer #2: "Lo Sa'aseh Lecha Pesel" applies only to what is detached, but not to walls of an attached building. It is merely for beauty. It is Batel to the wall.

Disclaimer: Even though I propose this last answer, I would not act based upon it.

Answer #3: Based on the Sugya in Avodah Zarah (43b), it is clear that all faces are permitted, even if they are carved and protruding;

The only exceptions are a human face, or an image of the four faces on the Kisei ha'Kavod together - a person, lion, bull and Nesher (eagle or vulture), and images of Hash-m's servants in the higher abode (angels) and the lower abode (sun, moon and stars)...

.... And matters [of, or] used for the Mikdash, e.g. to make a house in the form of the Heichal, and Achsadra (house without four walls) like the Ulam, like their length and width, a table like the Shulchan, a candelabra like the Menorah.

Other matters are permitted.

Proof: Abaye said there "the Torah forbids only servants that one could make like them", and then he said "the Torah forbids only an image of the four faces together", and then he said "the Torah forbids only servants in the higher abode."

Citation (43b) Question: Are [servants] in the lower abode permitted?!

Citation (cont.) (Beraisa): "Asher ba'Shamayim" includes the sun, moon, stars and constellations. "Mi'Ma'al" includes angels.

Citation (cont.) Answer: The Beraisa forbids [making them] in order to worship them.

Citation (cont.) Question: One may not make anything to worship it, even a small worm!

Citation (cont.) Answer: Indeed, that is correct. We learn from the end of the verse, "Asher ba'Aretz" to include seas, rivers, mountains and hills. "Mi'Tachas" includes even a worm.

Citation (cont.) Question: Is it permitted to merely make them [without intent to worship them]?!

Citation (cont.) Beraisa: "Lo Sa'asun Iti" - do not make like My servants who serve in front of Me...

Citation (cont.) Answer: R. Gamliel was different, for others made them for him.

Inference: The Gemara did not say "Ela" (to show a retraction), like it says regarding all the other answers. This shows that it did not retract from the initial answer. The Torah authorized Chachamim [to decide what is forbidden];

Matters used to serve in the Mikdash, we forbid only what has the same length and width as them;

Support #1: If not, no one would be allowed to build a house, table or Kelim, since they were in the Mikdash! Rather, surely the Torah forbids only what is truly like them.

Support #2: Also, since it is possible to make like them, presumably the Torah forbade only like them.

However, servants in the sky, which one cannot make like them, the Torah forbids their likeness, even though it is not the same length and width, since this is impossible.

[Images of] Hash-m's servants in the higher abode, e.g. (kinds of angels, i.e.) Chayos, Serafim and Ofanim, and serving angels, they are forbidden even if others made them for him.

This is even if there is no suspicion, when many are frequent by him, for it says "Lo Sa'asun" twice to expound "do not make with Me", i.e. servants with Me in the higher abode, do not make them at all;

We read this like "Lo Sa'asun Osi." (Man was created b'Tzelem Elokim.) Therefore, a human face is forbidden;

The four faces, i.e. a person, lion, bull and Nesher, are forbidden to make one transgress twice - for a human face, and for the four faces together, i.e. the image of the Chayos.

We need "Lo Sa'asu Lachem" for servants in the lower abode, e.g. the sun, moon, stars and constellations. This is only Lachem, i.e. for yourselves, but others may make for you.

Alternatively, we expound oppositely. It says "Ki Min ha'Shamayim Dibarti Imachem", and nearby it says "Lo Sa'asun." I.e. do not make anything from Shamayim, even servants in the lower abode;

Only you may not make, but others may make for you. We expound "Es Elohei Kesef vEi'lohei Zahav Lo Sa'asu Lachem" to forbid servants in the upper abode, even if others make them for you;

"Lachem" connotes that there will not be found for you.

Support - Citation (Toras Kohanim) Suggestion: It says "Elohei Masechah Lo Sa'asu." Perhaps others may make them!

Citation (ibid.) Rejection: It says "Lachem".

A Beraisa expounded "Asher ba'Shamayim" to include the sun, moon, stars and constellations. "Mi'Ma'al" includes angels, and we establish this to forbid in order to worship them;

This is even if others made them for him to serve, he transgresses from when they were made.

Implied question: One transgresses for angels even without intent to worship them, even if others made them for him!

Answer #1: [Mi'Ma'al] adds a second Lav that he transgresses [if it is in order to worship them].

Answer #2: This forbids even if they are in parts that can be assembled. He does not transgress for merely making them (Avodah Zarah 43b), but if he made them in order to worship them, he is liable.

Explanation: This means that both the middle of the world and the sides were created from Tziyon. (Maharsha - Tosfos did not want to say that Shamayim was created from Tziyon, so he had to say that "both of these" refers to the sides and the middle, which were discussed in the Beraisa above.)