BY: RABBI MOSHE BILLER
There are many mitzvos in the Torah whose rationale is due to our concern not to cause physical pain or emotional distress to animals. Twice a day during the recital of krias shema we remind ourselves that it is forbidden for an animal owner to feed himself or even his family prior to feeding his animals. It is even permitted to speak between the bracha of hamotzee prior to consumption of bread to ensure that an animals’ food is ready to be eaten and it is not considered a hefsek, since such preparation is necessary for our consumption.¹
An example is found in the Aseres haDibros regarding the prohibition against using one’s animal to do melacha on Shabbos. Rashi explains that the prohibition does imply that an animal should be looked at home and not be allowed to graze and eat, which is a violation of the melacha of koizer, because such a prohibition is impossible as it would cause the animal pain. Rather, the prohibition is for the animal’s benefit so that it too, like its owner, can have a break and enjoy Shabbos.²
A third example is the commandment to help someone unload an animal when you see that the animal is struggling. The reason for this mitzvah is not only to help your friend, but to ensure that the animal does not suffer needlessly. Some offer that this mitzvah is in fact the source for the prohibition not to cause pain to an animal which would make that prohibition of Biblical origin.³
A fourth example is the prohibition against restraining an animal from eating from the grains when it is working to thresh the kernels. Some say this mitzvah is the source for the prohibition not to cause pain to an animal. The Chinuch further expounds on the reason for this mitzvah and explains that it is to teach human beings to be compassionate and kind in general and even to animals which were created to serve us. If an animal is working for us, then we must be kind to it and allow it to eat while it is working. This is the way of our holy nation.⁴
A fifth example is the prohibition against slaughtering a mother and child animal on the same day. The Ramban explains the reason for this prohibition is to prevent emotional pain to the animals. Similarly, the mitzvah of Shiluach haKayn, according to some, is rooted in acting kindly toward the mother bird who would be consumed with grief should her child be taken from underneath her.⁵
Yet another example can be found in the prohibition against eating a limb from a living animal which is prohibited even for gentiles. The Chinuch explains that there is nothing crueller than the consumption of a limb from an animal that is alive (in front of the animal). Humans must be merciful, and people may not perform acts of cruelty such as this.⁶
A final example is the prohibition against using two different species of animals together to plough a field. Some explain that the reason behind this is because it causes pain to the animal to work together with a different animal that has different strengths. For example, a donkey would have to work extra hard to keep up with an ox and that would cause it pain.⁷
The Ramban cites a Midrash which explains that the mitzvah to perform shechita, ritual slaughter, with a perfectly sharpened blade, checked immediately prior to the shechita, is specifically designed in order not to cause any unnecessary pain to the animal. The Torah tells us that we may eat kosher animals but that does not give us the right to cause undue pain. The Torah restricts us to perform only the most humane method of slaughter, which is kosher slaughter, deeming every other method of kill as not kosher.⁸
From all of the above examples we can clearly see that the Torah is concerned not only to save an animal from pain that it might be experiencing, to care for its needs before we care for our own, to avoid causing an animal to suffer emotionally from hunger or from anything else that may make it worried or upset, but we must even ensure that it has a day off once per week on Shabbos. These are not “rights” granted to animals by the Torah. They are a duty of care that we must display towards animals. And anyone who believes that the Torah’s prescribed method of slaughter is anything but the most humane and least distressful way to kill an animal has obviously never taken the time to study or even to understand the pleasant ways of the Torah. Hashem’s mercy towards animals is so great that many refuse to say “hachadesh” to someone who purchases new shoes or leather clothing because making them would involve killing another animal.⁹
The Torah’s prescribed method of slaughter is the most humane and least distressful way to kill an animal.
Let us now try to understand the application of the prohibition of tzaar ba’alei chaim – causing unnecessary pain to animal – when does it apply and when is it deemed necessary and waived? It is quite clear that it is permitted to consume kosher animals, birds and fish and therefore killing an animal for the purpose of consumption is not prohibited under this rubric. It is also permitted to use animals for riding, bearing heavy loads, ploughing or other work purposes. This is true even though it might cause pain to the animal because animals were created for the benefit of mankind.¹⁰ It is also permitted to conduct medical trials and tests on animals for the purpose of research and the ultimate benefit to mankind.¹¹ It is further permitted to chase away¹² or, when necessary, to kill animals who are causing damage.¹³ For the sake of performing a mitzvah, the Torah also waives the prohibition of tzaar ba’alei chaim.¹⁴
Although we have said that it is clearly permitted to slaughter an animal for the purpose of consumption there are many restrictions in the way kosher slaughter is to be performed.¹⁵ It is not permitted to slaughter an animal unless it is needed for consumption or if it is suffering.¹⁶ While it is permitted to ride an animal, those who hit the animal too hard will ultimately be subject to divine judgment.¹⁷ It is important to note that the Poskim are very careful to make clear that it is forbidden to pluck the feathers from a bird unless it is absolutely necessary for a proper shechita.¹⁸
There is a fascinating discussion in the Node B’Yehuda as to whether it is permitted to hunt for recreational purposes, and he concludes that it is forbidden.¹⁹ On the other hand, it is permitted to trap animals and bring them to a zoo which is for human recreation.²⁰ However, it is forbidden to entertain oneself by watching a bull fight.²¹
According to Kabbalistic sources even flies and certainly other animals should not be killed unnecessarily and the killing of animals for no reason is tantamount to murder.²² It is also worthy to ensure that species of animals do not become extinct.²³
Rabbi Moshe Biller is the Rav Hamachshir for COR’s Shechita Division
Kashruth Council of Canada | www.cor.ca — 2023 / 5784, Halachic Corner, pp. 7–8
COR, the Kashruth Council of Canada, is one of the world’s largest kosher certification agencies, certifying thousands of products, restaurants, and facilities. Learn more at cor.ca, or read about our certification services at corkosher.com.