[Avodah] Tzar Ba'alei Chaim

[Micha Berger]

On Fri, Jan 19, 2018 at 12:22:07PM +0000, Chana Luntz via Avodah wrote:
: Asher on Devarim in Perek Ki Tavo, siman 51.
: 
: RAW there sees TBC as the quintessential example of "Ratzon HaShem"...
: and identifies two different paths by which the meforshim identify Ratzon
: HaShem, the first by learning it out from within halachot (such as
: unloading an animal or not muzzling an animal) which he brings, and the
: second from the narrative text of the Torah.
...
: When I have time, I will do a hunt to see if anybody else (perhaps more
: obscure) brings aiver min hachai as the source for TBC, but in the
: meantime, if anybody has a source for this, I would be interested to see it.

The whole enterprice of route 1, identifying Retzon H' from halakhah,
requires taking a non-legal approach to halakhah, so we're dropping
precision. I am not sure how that works, how one would decide which
details are defining as to the moral intent of the din, and which can
be generalized beyond.

For example AMhC includes an eiver removed while under sedation. Or
even if a non-Jew took the eiver off after shechitah but before the
animal stopped moving. (For Jews, once shechitah defines death, it's
not min hachai.)

And ZBC does not prohibit use of the final product. Whereas AmhC is
all about use of the final product, and says nothing about a ben Noach
making an eiver min hachai, nor for that matter getting hana'ah other
than akhilah.

Maybe it's only incidentally ZBC reducing, like shechitah?

Tir'u baTov!
-Micha

-- 
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