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

[Liron Kopinsky]

On Tue, Aug 14, 2012 at 4:21 PM, <cantorwolberg at cox.net> wrote:

> The following are further indications of tzaar baalei chayim:  (Some of
> which R' Micha fortunately has already articulated)
>
I don't think anyone is denying that there is a concept of Tzaar Baalei
Chayim. The question is what are its parameters and how far does it reach.

>
> 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).
>

Or as an attempt to make sure that they don't mate together. Among other
reasons.


> 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)."
>
So my question would be: What are the consequences halachikally if someone
does pen up their animals in order to create veal? R' Moshe says it's
assur, so presumably one would receive malkot for doing so. Would an
activist be allowed to enter a veal farm and free all the animals against
the owners wishes? Could a BD force the owner to free the animals?

> 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)."
>
Same question as #2.

>
> 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.
>
If it was purely about giving animals a day of rest, then an owner should
be allowed to own 2 animals, and work one of them from Sunday-Friday, and
the other one from Monday-Saturday, that way his farm could be operational
7 days a week. Why do the animals have to rest davka on Shabbat?

>
> 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).
>
Does anyone know how this Rambam deals with "imo"? From this quote it
implies that one removes the burden whether or not his friend is there.
This would imply that an activist should be allowed to free the animal
belonging to someone (at least their friend, maybe even their enemy) if
that animal is suffering.

>
> 7) It is also forbidden to eat before we feed our animals: Talmud, *Berachot
> 40a*; Mishneh Torah, Laws of Servitude 9:8
>
Presumably this has nothing to do with Tzaar Baalei Chayim, and is mostly
about our middot. If my animal is not starving, and I'm planning on feeding
him in 30 minutes, why shouldn't I be allowed to eat my lunch first?


Kol Tuv,
-- 
Liron Kopinsky
liron.kopinsky at gmail.com
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