<div dir="ltr"><div class="gmail_quote">On Wed, Aug 8, 2012 at 3:35 AM, <span dir="ltr"><<a href="mailto:cantorwolberg@cox.net" target="_blank">cantorwolberg@cox.net</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
Is there a point at which someone can forfeit ownership of an animal of<br>
theirs because they cause it too much pain? Or do we say "azov taazov<br>
*imo*" shows that even if the animal is being afflicted, there is no<br>
responsibility on anyone else to remove that suffering unless the owner is<br>
involved as well?<br>
<br>
In common law, it is a criminal act when someone causes an animal unnecessary pain.<br>
People are arrested for this and prosecuted to the full extent of the law.<br>
Why would Torah law be more lenient?</blockquote><div><br></div><div>The Torah obviously prohibits Tzaar Baalei Chayim, and someone who violates it should be prosecuted to the full extent of the law. My question is "What is "the full extent" of the law?" Would the person receive malkot, but still maintain ownership of the animal? Or would the animal be confiscated as well, as this owner has proven he is unfit to have it? Or would he even forfeit the right to own any subsequent animals?</div>
<div><br></div><div>To me it seems, (from the fact that the pasuk says "imo" implying that the animal that is being afflicted still belongs to its owner), that there is no legislation that someone would have to give up their right to ownership. The deterrent would be in the malkot, and presumably the person would learn their lesson and refrain from harming animals again.</div>
<div><br></div><div>In common law, it seems that the people enforcing the law seem to take it for granted that if someone abuses their property, that property can be removed from them. But in Torah law, it seems that the rights of the owners on the property are stronger, and can't necessarily be removed for harming their property.</div>
<div><br></div><div>To take this even further, does "imo" imply that if Reuven sees the struggling animal of his enemy, and that enemy is *not* helping that animal, that Reuven is not allowed to help the animal, since that would be violating the property of the owner? In this case, Reuven's only recourse to help the animal, (and presumably this would be morally incumbent on him to do so), would be to go to Beit Din and get them involved. (Which would go back to my original question of what power BD have in this situation.) I find this hard to believe, misvara, but then what does "imo" come to teach?</div>
<div><br></div><div>Kol Tuv,</div><div>Liron</div></div>
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