[Avodah] cruelty to animals......

[Chana Luntz]

RHB wrote:
> >> telling a calf/kid a kind word), then why are we allowed to leave a
fallen animal
> >> in a bor, all shabbas to suffer (eg, broken bones, etc)
>
RZS replied:

> > What choice do we have?  What heter is there to move it?

And RMB responded:

> We allow violation of a shevus for tza'ar ba'alei chaim, e.g. milking
> cows in a way that the milk can't be used.

Or more directly on point, the previous halacha in the Shulchan Aruch,
namely Orech Chaim siman 305 si'if 19:

An animal that fell into a pool of water if the water is deep and because of
this it is not possible to sustain it in its place one can bring pillows and
coverings and put them beneath it because of tzar ba'alei chaim even though
this involves [the rabbinic prohibition of] being mevatel kli mechono

> If here the problem is karmelis, which is also derabbanan, one might
> make a similar argument.
> 
> >> are there chilul hashem issues also involved, eg, if goyim walk by
> >> and see us running home to chulent, while a donkey or horse brays in
pain??

But that shouldn't happen either.

After all, as both the Magen Avraham and the Shach make clear it is also
mutar to tell the non Jew to bring up the animal.  So while you cannot do an
issur d'orisa in relation to the animal, and you cannot bring it up with
your own hands*, you can (and it would seem you should) hang around and make
sure it is sustained in the hole in which it now finds itself until after
shabbas, and/or provide cushions to assist it and/or try and arrange for a
non Jew to bring it up.  That doesn't sound like running home to chulent to
me. 
 
* When I say you cannot bring it up with your own hands, implying this is
even if the cushions fail to work and the animal will die, this is according
to the Magen Avraham, but according to the ER brought by the Mishna Brura in
siman 305 si'if katan 70, while you should try the cushion first, if that
does not work you can bring the animal up with your own hands.

For a further discussion on this point see my post at:

http://www.aishdas.org/avodah/vol26/v26n101.shtml#17 - in the second half.

Regards

Chana
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