[Avodah] Do we Owe Respect to Old Bones?

[kennethgmiller at juno.com]

R' Arie Folger wrote:

> I never suggested that it would have been permitted to murder a
> pre-Adam homo sapiens sapiens. That would have been a gaping
> ethical hole in any theory suggesting Adam was not the first
> homo sapiens sapiens, just the first to be endowed with a tzelem.
>
> However, given that pre-Adam homo sapiens sapiens (and
> reasonably, any homo sapiens, be it a neanderthal or whatever,
> too) would still be protected by the prohibition on murder, and
> nonetheless, unlike later humans, his bones would still not
> convey tum'a ...

I am getting confused by the mixing of scientific terms and halachic terms. I'd like to rephrase the above in purely halachic terms, simply to insure that I'm understanding you accurately.

Suppose there was a creature whose appearance and behavior was indistinguishable from Bnei Adam. However, we were somehow able to determine that this creature did NOT possess a Tzelem Elokim. 

You seem to be saying that it would be assur to murder such a creature, yet at the same time, its bones would not be m'tameh.

I do not understand that nature of such a creature. Is it a Ben Adam or a Baal Chayim? If a creature is in the category of a Ben Adam, then it is assur to murder him, and his bones are m'tameh, and Tzaar Baalei Chayim is irrelevant although Chesed and Nezikin are very relevant. If a creature is in the category of a Baal Chayim, then it is mutar to kill it for a good reason, and its bones are not m'tameh, and Tzaar Baalei Chayim is very relevant while Chesed and Nezikin do not apply.

I had always thought that Tzelem Elokim is what distinguishes a Ben Adam from Baalei Chayim. Perhaps I was mistaken. It seems that there is a third category, that of Adnei Hasadeh, creatures which appear to be Bnei Adam, but have no Tzelem Elokim. I would have expected appearances to be irrelevant, and that the halacha would be determined by our knowledge that it has no Tzelem Elokim, thus placing it in the Baal Chayim category.

You seem to be saying that despite our knowledge that it has no Tzelem Elokim, the mere fact that it LOOKS like a Ben Adam is enough to create an issur against murdering it. Can you explain to me why this should be so? Thanks.

Akiva Miller

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