[Avodah] r. ovadia; bullfighting; eiva, etc....

[harveybenton at yahoo.com]

From: http://www.koltorah.org/ravj/Bullfightandzoo.htm;

Bullfighting:

Rav Ovadia characterizes the institution of bullfighting as “a culture of
sinful and cruel people” that runs counter to Torah values. An important Torah
value is to avoid inflicting gratuitous pain on animals (Tzaar Baalei Chaim).
The Gemara (Bava Metzia 32-33) indicates that Tzaar Baalei Chaim is a Torah
level prohibition. According to the Gemara (Berachot 40a), it is improper to
eat before one has fed his animals...[snip] 

The following Halacha demonstrates the priority Chazal accord Tzaar Baalei
Chaim. The Gemara (Shabbat 128b) permits helping an animal that fell into a
water ditch on Shabbat by supporting it with a pillow, even though it is a
violation of the rabbinical prohibition to render an item Muktzeh on
 Shabbat.
The pillow was not Muktzeh when Shabbat began and becomes Muktzeh when it is
placed beneath the animal on Shabbat. Chazal waived this rabbinical prohibition
because of concern for Tzaar Baalei Chaim. This passage in the Gemara is
codified as normative by the Rambam (Hilchot Shabbat 25:26) and Shulchan Aruch
(Orach Chaim 305:19). In fact, this Halacha serves as the basis for the
Shulchan Aruch’s (O.C. 305:20) permission to ask a non-Jew to milk a cow on
Shabbat. Rav Ovadia points out that it is rare for Chazal to waive a rabbinical
prohibition relating to Shabbat. Tzaar Baalei Chaim is one of the very few
considerations that merit such a waiver.

HB:  why would chazal waive a rabbinical prohibition
(muktzeh) to alleviate the pain of an animal, while at the same time we are
told that we can save an a”y on shabbas only because of “eiva” (enmity)?* 

Can we apply the following kal vechomer:
 if to prevent an
animal from suffering that is not mechuyav on any mitzvos then for sure we
should be able to save a life of a ben adam, who is chayav 7 mitzovs and who
was/is created in Hashem’s image, by violating the shabbas?? [either midoraisa (a"y), or midirabonnon (muktzeh - animal) or  both...]
hb

   

* And/or if we (our doctor’s) don’t save them on Shabbas,
they will come to not save us.  

   

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