Tzaar Baalei Chaim
1. According to the Torah. One reason we cited (Issue 329, par. 10) for the Torah’s commandment to specifically shecht an animal is because the Torah is concerned for an animal’s pain, and shechita is the best way to minimize an animal’s pain. Most Rishonim hold the issur of tzaar baalei chaim is d’oraisa (see Issue 153, par. 1). Several mitzvos in the Torah show how we must be careful about an animal feeling pain, e.g., the issurim of אותו ואת בנו (ויקרא כ''ב, כ''ח ); לא תקח האם על הבנים (דברים כ''ב, ו' ז'); לא תחסום שור בדישו (דברים כ''ה, ד'); the mitzva of הקם תקים עמו (דברים כ''ב, ד'); and others.
2. Shechita is permitted. Although we are warned about an animal’s pain, we are allowed to eat meat via shechita. This does not contradict the caution we must have regarding an animal’s pain, as the Torah says (בראשית א', כ''ו ), “וירדו בדגת הים ובעוף השמים ובבהמה ובכל הארץ וכו'.” The posuk also says (נח ט', ב') “ומוראכם וחתכם יהיה על כל חית הארץ ועל כל עוף השמים וכו'.” We see that Hashem gave man the power of control over animals.
3. For people’s use. The way to understand this is that any time something is necessary for people’s use, e.g., for food, medicine, or other things, there is no issur of tzaar baalei chaim (רמ''א אבהע''ז סי' ה' סי''ד ). Thus, the concept of killing an animal for food is mutar according to Torah; we should just avoid causing an animal unnecessary pain or engaging in use that is unnecessary within the parameters set by the Torah and Chazal. Thus, hunting for sport is assur (שו''ת נודב''י מהדו''ת יו''ד סי' י').
4. Acts like a human. We find another precondition for the right to control over animals: When one acts like a human, he is elevated over animals, so the Torah gives him the right to kill an animal for food. However, when one does not act on the level of humans and resembles an animal, he indeed loses his advantage over animals. This is the intent of Rebbi’s statement in the Gemara (פסחים דף מ''ט ע''ב ) that An am ha’aretz may not eat meat ... Whoever engages in Torah may eat meat of animals and birds; whoever does not engage in Torah may not eat meat of animals and birds. The Torah is what makes man higher and loftier than animals; only when he is loftier than animals may he exercise control over animals.
[See Be’er Yosef on Parshas Balak who writes that this was Bilam’s donkey’s argument to Bilam – “Why did you strike me?” – when it refused to walk. What is this argument? Wasn’t Bilam right that that is the only language a donkey understands when it stubbornly refuses to walk? But Bilam acted and lived like an animal (גמ' סנהדרין דף ק''ה ע''ב ). If so, he had no right to oppress animals.]
5. Animal rights organizations. There are several animal rights organizations in the world that try to interfere with the rules of our holy Torah, despite the fact that they are also interfering with the right to freedom of religion. Everything is done under the banner of claims of tzaar baalei chaim, and they disavow all meat consumption. Indeed, when people are not elevated above animals and do not act like humans, they are correct that they do not have the right to control and kill animals for personal use (above, 4).
6. Unfortunately, in many countries they try to completely stop or impose harsh conditions on the fulfillment of shechita with strict adherence to halacha. They propose various bills to the authorities which are sometimes accepted by legislators, to the point that in multiple countries it is already impossible to shecht. They sometimes impose harsh conditions which require us to compromise on some halachos and aspects of shechita that have been done for generations, as will be explained בעזהשי"ת
