[Avodah] Pets on Shabbos, according to R' Asher Weiss

Micha Berger micha at aishdas.org
Wed Jan 10 14:47:27 PST 2018


The teshuvah is at https://en.tvunah.org/2018/01/07/pets-on-shabbat

Interestingly, before even getting to heterim based on tza'ar ba'alei
chaim, R Asher Weiss discusses whether the concept of animals being
muqatzah even applies to pets. Tosafos (Shabbos 45b "hakhah") quotes
R"R Yoseif that a live chick, since it is used to entertain a crying
baby, may be carried on Shabbos. However, they end up rejecting that
shitah, and in Mes' Beitzah (2a "dilma") they say it's a muqtza gamor.

Shu"t Halakhos Qetanos (1:45) raises the question of carying a bird
to chear up a baby and doesn't quote the Tosafos in Shabbos. (RAW is
surprised.) Instead he brings Tos BM (36b "peirei") about shor and chamor
being keilim -- the focus being about qinyan chalifin, but he concludes
this would also be true to exclude them from muqatza.

And Chiqrei Leiv (OC 1:59) limits this to a shor ha'omeid lacharishah.
Unlike the bird, which isn't omeid for chearing up babies.

RAW questions the extrapolation from qinyan chalipin to muqtza.

The Or Zarua #81 permits tiltul of songbirds that are kept for singing.
But in the next siman (#82) quotes Teshuvas haRash who was unhappy to be
meiqil for baalei chai, like pebbles (even those in your own yard) --
they aren't really keilim.

So, machloqes rishonim. R"R Yoseif and Halakhos Qetanos say usable
animals are not muqtza. The Rosh says they are plausibly not muqtza,
but it's a qula he's unhappy relying on. The Chiqrei Leiv and Or Zarua
permit animals like pets, if they are designated for use like a keli.

RAW then explores the concept of lo pelug, and whether one can be meiqil
on pets, or whether we should (like the Rosh) assume lo peluq.

First then RAW discusses the topic I expected to hear about, tzaar ballei
chaim. He has a fine survey, but of ideas I had encountered before (and
therefore think it's likely you did too). See the link.

Tir'u baTov!
-Micha

-- 
Micha Berger             I always give much away,
micha at aishdas.org        and so gather happiness instead of pleasure.
http://www.aishdas.org           -  Rachel Levin Varnhagen
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