[Avodah] "Yodei'a Tzaddik Nefesh B'hemto..." (Mishlei) 12:10)

[cantorwolberg at cox.net]

The following are further indications of tzaar baalei chayim:  (Some of which R' Micha fortunately has already articulated)

1) Lo tacharish b'shor uvachamor yachdav
Many interpret the Torah's prohibition against plowing with an ox and a donkey as an attempt to prevent injury or pain to these animals, who naturally work at different paces (D'vorim 22:10).

2) On the subject of veal, Rabbi Moshe Feinstein comments:
"[in regard to the situation in which] every calf is in its own pen, which is so narrow that it does not have space even to take a few steps, and the calves are not fed the appropriate food for them, and have never tasted their mother's milk, but they are fattened with very fatty liquids...this is certainly forbidden on the basis of tzaar baalei hayim. Even though it is permissible in order to satisfy human needs, by slaughtering animals for food, or by employing animals to plow, to carry burdens or other such things, it is not permissible otherwise to cause them suffering, even when one stands to profit from such practices (Igg'rot Moshe, Even haEzer 4:92)."

3) Building on the prohibition against causing unnecessary pain to work animals,the Arukh ha-Shulhan forbids working one's animal night and day, without a break, saying that such a practice violates the prohibition against tzaar baalei hayim (Hoshen Mishpat 307:13). Similarly, the Rambam comments, "If a thorn happened to be stuck in the animal's mouth and one threshed with it while it was unable to eat, or if one caused a lion to lie down nearby [thereby frightening the animal]...or if the animal was thirsty and one failed to give it water...all this is forbidden (Mishneh Torah, Hilkhot S'khirut 13:3)."

4) In addition to mandating a day of rest for human beings, the laws of Shabbat also provide a day off for animals. The biblical command to keep Shabbat specifies, "For six days, you shall do all of your work, but the seventh day is God's Sabbath; you shall not do any work, neither you nor your son or daughter or your servant or your animal, or the stranger who is in your midst (Exodus 20:8)." Like humans, animals cannot be expected to work seven days a week, but must be allowed one day a week to recuperate.

5) In the words of the Rambam, "If one encounters one's friend on the road and sees that that person's animal is suffering from its burden, whether the burden is appropriate for the animal or is excessive, it is a mitzvah to remove this burden (Mishneh Torah, Hilkhot Rotzeah 13:1)." While some interpretations understand this law as a mitzvah only to relieve one's friend of a burden, others stress that the basis for the mitzvah is the prohibition against tzaar baalei hayim and that one must relieve an animal belonging even to an enemy (Kesef Mishneh, Hilkhot Rotzeah 13:9).

6) In some instances, it is even permissible to break Shabbat in order to care for a wounded animal. The Talmud, for instance, allows a person to break certain laws of Shabbat in order to prevent the death of an animal that has fallen into a pool of water (Talmud Tractate Shabbat 128b). While it is not permissible to help an animal to give birth on Shabbat, some authorities allow assistance in the birth if an animal is suffering greatly or is in danger of dying. (See, for example, Har Tzvi Tal Harim Shvut 3, Rabbi Tzvi Pesach Frank [1874-1960]). While not as extensive as the laws that require one to break Shabbat in order to save human life, tzaar baalei hayim can overrule certain ritual laws when the life or comfort of an animal is at stake.

7) It is also forbidden to eat before we feed our animals: Talmud, Berachot 40a; Mishneh Torah, Laws of Servitude 9:8
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