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Sanhedrin 080: Tza'ar Ba'alei Chayim
Rafi Goldmeier <[EMAIL PROTECTED]> asked:
Dear Kollel,
The gemara has been discussing when it is possible and how to punish with
death by Beis Din. The gemara discusses situations where death cannot be
rendered by Beis Din for various reasons and the solution is rather than
let the murderer go free is to "kill" him by sticking him in the kippa. The
same is true for animals in specific situation.
I understand that because beis din cannot kill him, this is a way of
punishing him without doing it byadaim. However it seems that there should
be other methods of accomplishing this. This seems like a gross violation
of tzaare baalei chayim. Letting the animal (or human) starve to death in
cramped quarters, or let him eat barley, so as to explode his stomach,
seems inhumane. Why is this not a problem of tzaar baalei chayim?
Furthermore, if you asked the person what he would prefer - he would
probably request the skilla/sayif, etc. rather than get stuck in the kippa..
Thank you,
Rafi Goldmeier
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The Kollel replies:
We are including here a copy of a response Rabbi Pearlman wrote for a
similar question. I am hoping that this will resolve most of your questions
on this subject.
Best wishes,
Kollel Iyun Hadaf
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Rosh Kollel: Rabbi Mordecai Kornfeld
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Yoma 050: Chatas Mesa
Joseph Neustein, M.D. <[EMAIL PROTECTED]> asked:
How do we reconcile the status of a chatas mesa which ostensibly appears
quite cruel with the injunction against tzaar baaleh chayim?
Respectfully yours,
Joseph Neustein, M.D., El Paso, Texas USA
----------------------------------------------
Rav Joseph Pearlman replies:
Animals exist for the service of mankind and are for food or sacrifice or
for other positive function. This includes the performance of Mitzvos and
also reasonable experimentation for medical purposes for the benefit of
mankind (Rema, Even ha'Ezer 5:14).
Thus, the goat to Azazel of the Avodah on Yom Kipur (Vayikra 1610) was
necessary for the sake of Hashem's commandment, however cruel it might seem
to us. Another good example is in the Shulchan Orech, Yoreh Deah 24:8, Rema
and Shach (#8), quoting the Mordechai and others, and see also the Pri
Megadim in Sifsei Da'as there, regarding plucking the wool or feathers from
an animal that interfere with the Shechitah.
It should be noted also that the Noda b'Yehudah (Mahadura Tinyana, YD #10)
holds that Tza'ar Ba'alei Chayim, the prohibition against cruelty to
animals, has no application where the animal is being put to death. Others,
though, disagree.
Hence, there is no problem with Chato'os ha'Meisos, as there is no
alternative possibility with sound Halachic reasons as to what to do with
the animal. (Since it is being left to starve for the sake of serving a
Halachic purpose as mandated by G-d, it is not considered Tza'ar Ba'alei
Chayim.)
However, where these considerations do not apply, one is certainly
obligated to treat animals with kindness, as a number of sources in the
Gemara and Halachah clearly indicate. Moreover, apart from all of the
specific Mitzvos in the Torah (such as lifting the heavy burden off of an
animal that has fallen down, the prohibition against muzzling an animal to
prevent it from eating while working, letting one's animal rest from work
on Shabbos, the prohibition against working two different types of animals
together, the requirement to feed one's animals first before eating, and
Tza'ar Ba'alei Chayim), there is the general overriding principle of
emulating G-d's trait of "v'Rachamav Al Kol Ma'asav," Hashem "is merciful
upon all of His creations."
Joseph Pearlman
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