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

Zev Sero zev at sero.name
Tue May 19 13:40:49 PDT 2009


kennethgmiller at juno.com wrote:
> R' Zev Sero asked:
>> But in fact even for derabanans your kal vachomer doesn't
>> work.  Tzaar baalei chayim is an explicit de'oraisa ("lo
>> sir'eh"), so it makes sense that it overrides issurim
>> derabbanan.  But where do you see an explicit de'oraisa
>> for tzaar nochri?
 
> We don't *need* an explicit de'oraisa for tzaar nochri! They are
> alive, aren't they? Is it written somewhere that tzaar baalei chayim
> applies only to nonhuman baalei chayim?

All it says is shor and chamor.  We don't *know* that it applies to any
other animals, but we can extend it to them by binyan av.  But where do
we find *explicit* authority to extend it to humans, so that we could
then treat it as a d'oraisa that overrides issurim derabbanan?

Q: How *do* we know that it applies to birds and fish?  For that matter,
how do we know it applies to chayot?

-- 
Zev Sero                      The trouble with socialism is that you
zev at sero.name                 eventually run out of other people’s money
                                                     - Margaret Thatcher



More information about the Avodah mailing list