[Avodah] Pets

Joshua Meisner jmeisner at gmail.com
Mon Nov 26 12:23:15 PST 2007


A poster on Areivim asked about the permissibility of owning pets.

R' Yitzchak Nachman Eshkoli devotes a chapter to pets in his sefer
"Tza'ar Ba'alei Chaim".  Some excerpts:

- Rambam (N"M 5:10) says that it's assur to raise a dog unless it is
tied with a chain (based on a literal reading of Mishnah on BK 79b),
but most poskim
(inc. Shu"A Ch"M 409:3) say that the issur applies only to a bad dog.
The Yam Shel Shlomo (BK 87:45) limits the heter to "Kufri dogs" which
are especially unscary, but Rema, Knh"G, and Shu"A HaRav write that
the minhag is not like the Ysh"Sh, and that only a kelev ra is
problematic.  Rashba (BK end. ch. 4) and Pele Yoetz (s.v. Kelev) say
that there is a midas chasidus not to raise dogs, based on BK 83a.

- Ysh"Sh (BK 87:37) writes that there's no problem with raising cats
nowadays, as the cat mentioned on BK 80b as being dangerous is no
longer common.

- Shu"T Afrekasta d'Anya (R' David Sperber of Barshov - 163) and Be'er
Moshe (2:58), based on Maharsha on Sotah 48a, say that one cannot
raise songbirds.  Shu"T L'Horos Noson (11:77) writes regarding even
owning a mimic bird that "ein da'as chachamim nocheh mizeh".  Shu"T
Ateres Paz (1:2 - Yo"D 5) writes, though, that the explanation of the
Maharsha is not accepted la-halacha by rov poskim.  R' Elyakum Dvorkes
writes that keeping any bird in a cage may be problematic mishum
TzB"Ch, but acknowledges that this may not apply by all species.
Shu"T Sha'ar Asher (2:272:18) argues, being that TzB"Ch is hutar
l'tzorech bnei adam, and many poskim are mashma like him, also.

- Shu"T Chesed L'Avraham (R' Avraham Alkalai - Yo"D 117), Zivchei
Tzedek (117:43), and Levushei Mordechai (Mahdu"T Yo"D 50) prohibit
raising rabbits because they're b'heimos t'mei'os, but since their
stated reason is based on most rabbits being raised as food, Shu"T
Ateres Paz says the issur doesn't apply nowadays.  Shu"T Yachin uBoaz
(2:25) similarly allows raising monkeys.

He also discusses owning pets from a bitul zman/bitul mamon standpoint
(see Shu"T M'shaneh Halachos 6:216), although Shu"T Ateres Paz writes
that the issur is only if he exerts excessive torach on taking care of
them, and that if a person's mind will be calmed by them, efshar
l'hakeil.  Also, R"Ch Naeh (Ketzos HaShulchan-Badei HaShulchan 151:4)
and RSZA (brought down by ShSh"K (?) 18:62) discuss whether a fish
tank is muktzah, without mentioning any issue with owning fish in
itself.


Joshua Meisner



More information about the Avodah mailing list