Halochos Pertaining to Animals

It used to be very common for Jews to have animals such as horses, donkeys, sheep, chickens, ducks, etc., in their houses or yards, and the relevant halochos were very applicable. Although they are not as relevant today, there are still halochos that are applicable; e.g for those who house pets; we will discuss the more common ones.

Tzaar Baalei Chayim

Deoraiso or Derabonon?

1. The Tannoim (ב"מ ל"ב.), Amoroim (שם, שבת קי"ז. ועוד), and poskim debate whether the issur of tzaar baalei chayim is deoraiso or derabonon. Most rishonim hold it is deoraiso (הרי"ף, כס"מ בדעת הרמב"ם ורמב"ם בפיה"מ ביצה פ"ג מ"ד, רמב"ן שבת קנ"ד,: רמב"ן עה"ת בראשית א', כ"ט, רשב"א ב"מ ל"ג.).
2. Others say the issur is only derabonon (יראים סי' שנ"ב, פנ"י ב"מ שם וביאור הגר"א שו"ע חו"מ סי' רע"ב סקי"א אור שמח פכ"ה שבת הכ"ו ורוב פוסקים בדעת הרמב"ם פי"ג הל' רוצח ושמירת הנפש).
3. Non-Jew’s animal. An important ramification of whether tzaar baalei chayim is deoraiso or derabonon pertains to a non-Jew’s animal. That is, if it is deoraiso, the issur also applies to a non-Jew’s animal, whereas if it is only derabonon, it does not.
4. Mechaber, Ramo. The Mechaber (חו"מ סי' רע"ב ס"ט) understands from the Rambam’s wording that the only reason one must help a non-Jew’s animal with its load is to prevent animosity [eivoh]. This seems to show that he holds tzaar baalei chayim is not deoraiso. The Ramo comments on this that, “Some hold one must help unload the animal even if the non-Jewish owner is not there because of tzaar baalei chayim, which is deoraiso. Even when a person is potur from unloading, he must still help because of tzaar baalei chayim.” It is clear from this that the Ramo holds tzaar baalei chayim is deoraiso.

Types of Animals

1. Dogs, cats. Some poskim are unsure whether tzaar baalei chayim applies to dogs and cats, being that they find their own food (יעב"ץ או"ח סי' י"ז). However, most poskim hold the issur of tzaar baalei chayim does apply to dogs and cats (שו"ת שבות יעקב ח"ג סי' ע"א, שו"ת חבלים בנעימים ח"א סוף סי' מ"ג, שו"ת משנה הלכות ח"ו סי' רט"ז).
2. Mice. Some poskim write that there is no issur of tzaar baalei chayim for mice since they do not do work or serve any purpose for humans (שו"ת זבחי צדק סי' א'). However, several poskim write that the issur does apply, just the reason one may kill mice is because they damage people and food (see below, 9) and scare people (שו"ת אג"מ חו"מ ח"ב סי' מ"ז). [Whether or not the issur of tzaar baalei chayim applies to them will affect lab rats.]
3. Fish. Some write that there is no issur of tzaar baalei chayim for fish, the proof being that they may be eaten without shechitoh (יד יהודה סי' י''ג, השואל בשו"ת משנה הלכות ח"ו סי' רט"ז). However, most poskim hold the issur does apply to fish (שו"ת שאילת יעב"ץ שם, שו"ת משנה הלכות שם).
4. Insects, bugs. Since insects do not benefit humans, can cause aveiros if they are eaten, and even present some danger and distress to people, there is no basis in the Torah to avoid causing them pain or killing them (שו"ת יעב"ץ הנ"ל). Additionally, they have a weak life force (תשוה"נ ח"ב סי' תשכ"ו).
5. Harmful animals. One may kill animals which cause humans distress such as snakes, mad cats (שו"ע חו"מ סי' רס"ו ס"ד), mad dogs (מהרש"ל הובא בט"ז יו"ד סי' קט"ז סוף סק"ו), bees, mosquitos, and the like. Even creatures that are just bothersome, e.g., ants, flies, cockroaches, etc. may be killed (שו"ת הרדב"ז ח"ב סי' תשכ"ז). Still, if possible, it is better to avoid directly killing them with one’s body, and instead use something else, such as poison (שו"ת אג"מ חו"ח ח"ב סי' מ"ז).
6. Midas chassidus. The Arizal did not cause pain to any of Hashem’s creations, including insects, and he instructed his talmid not to kill even a louse. This conduct befits a tzaddik and holy person of his stature (תשוה"נ שם). Still, no one should cause pain to any creature just for fun. Thus, children should be stopped from pulling off an insect’s legs or wings for example (שו"ת תולדות יעקב י"ד סי' ל"ג דף ע"ד). Also, if a fly or bug is slowly dying, one should kill it so that it does not suffer longer (חזו"א, דינים והנהגות חזו"א ח"ב עמ' מ' ס"ד).

Select Hilchos Shabbos

Feeding Animals

1. Responsible to feed it. One may feed an animal on Shabbos if he is responsible for its sustenance, i.e., it does not have food other than what is given to it (שו"ע סי' שכ"ד סי' א'). Thus, if someone has an animal such as a cat, rabbit, bird, parrot, etc., in his home, since he is responsible for its sustenance, he may feed it on Shabbos. Still, if possible, it is better to give them enough food on Erev Shabbos to last until Motzei Shabbos (הגר"ח קנייבסקי, דולה ומשקה עמ' ק"ע).
2. Also, they should only be fed what they are usually fed during the week. One should not add unnecessary treats, e.g., sunflower seeds for a parrot in addition to its regular food, even lechovod Shabbos.
3. Fish. One may feed fish on Shabbos. Thus, someone who has an aquarium at home may feed the fish on Shabbos (ארחות שבת פל"א אות כ').
4. Not responsible to feed it. One may not feed an animal on Shabbos if he is not responsible for its sustenance (שו"ע שם). Even if it belongs to him, if it can find its own food, he should not feed it. The reason is because doing so is unnecessary effort (מ"ב סקכ"ט).
5. Dogs. One may put food before a dog even if it is ownerless because dogs require little food and it is somewhat of a mitzvoh to feed them (שו"ע שם, שו"ע הרב ס"ז, מ"ב סקל"א).
6. Food that will be thrown outside regardless. If a person usually throws his leftover food outside even if there is no animal that needs feeding, he may throw the leftovers out in front of an animal – even if it is ownerless – since he is doing it for himself, not for the animal (א"א בוטשאטש מהדו"ק). Likewise, in a place that has an eiruv, one may shake the crumbs out of a tablecloth for the birds to eat since he is doing so for his own purposes (שש"כ פכ"ז ס"כא).
7. Whimpering cat. If a person hears an ownerless cat whimpering and it is disturbing his sleep, strictly speaking, he should not feed it since he is not responsible for its sustenance. However, if the cat is in distress, one may put milk or food out for it because of tzaar baalei chayim. It is better if this can be done by a child or non-Jew (שו"ת אבני ישפה או"ח סי' פ"ח).

Muktzeh

1. One may not move animals on Shabbos (שו"ע סי' שח"ס סל"ט); they are muktzeh just like trees or stones since they are not meant for people’s use. Thus, they should not be moved whatsoever (מ"ב ס"ק קמ"ו). One may not even touch an animal’s surface hair or fur since doing so moves a part of it (מ"ב ס"ק קנ"א).
2. Pets. Animals that people commonly have in their homes and often pick up, move, and pet during the week, such as dogs, cats, rabbits, turtles, birds, and the like are also muktzeh and should not be moved on Shabbos. This is because Chazal did not differentiate within their decree (שו"ת מהר"ח או"ז סי' פ"ב בשם תשו' הרא"ש, הג' רע"א שו"ע שם סקי"ז, דעת תורה שם).
3. For health purposes. A pet needed for a person’s health, such as a seeing eye dog (הגרשז"א, שש"כ פי"ח הע' ס"ב), may be walked on Shabbos, e.g., to shul (שו"ת אג"מ או"ח סי' מ"ה). The owner should try to move it as little as possible though. Also, if someone has an emotional disorder and a doctor said that stroking a pet can benefit his health, he may do so on Shabbos since it is designated for that even during the week, and he may rely on the opinions that allow moving it (שו"ת אג"מ ח"ה סי' כ"ב אות כ"א, שו"ת אז נדברו ח"ח סי' ל"ו).
4. Where there is tzaar baalei chayim. In a situation of tzaar baalei chayim, one may move an animal on Shabbos as much as he needs to remove the animal’s pain. Thus, if an animal in a yard is unable to walk on its own, one may hold it by the neck or wings and walk it (שו"ע סי' ש"ח ס"מ). If an animal fell into a water ditch on Shabbos and it might die, the poskim argue whether one may lift it out (מ"ב סי' ש"ה סק"ע). If it cannot be assisted by putting pillows or blankets under it for it to climb up by itself, one may lift it with his hands since we hold tzaar baalei chayim is deoraiso (above, 1) and overrides the issur of muktzeh (מ"ב שם).
5. One Shabbos, someone saw a cat stick its head in an empty yogurt container to lick up the remains. Lo and behold, its whole face got stuck, and it was walking around like a crazy cat with a container that it could not get off its face. He asked, if he was allowed to help the cat with its plight. Since it was in distress, we ruled he could move the cat around in place as much as necessary to get the container off its face, but he could not lift it at all since it was in a reshus horabim.
6. Ants, other insects. On Shabbos, one may gently sweep ants, other insects, and the like that are bothering him into a dustpan in a way that will not definitely kill them. Then he can lift the dustpan and drop them into the garbage. This is not a problem of muktzeh since he is moving them indirectly. If they are very repulsive, one may remove them due to the heter of "geref shel re'i" (פמ"ג סי' שט"ז משב"ז סק"ח, תהלה לדוד שם סקי"א).

Trapping [Tzeidoh]

1. There is an issur to trap animals on Shabbos (שו"ע סי' שט"ז), which sometimes applies to animals in a house. We will therefore go through some important halochos.
2. Dogs, cats by their owner. Animals that grew up in someone's possession, are naturally tame, and do not run away from people, e.g., goats, sheep, and dogs or cats in relation to their owners (א"א בוטשאטש), are not subject to the issur of trapping whatsoever. One may therefore push and direct them to enter their pen or cage and close the door behind them (מ"ב סי' שט"ז סקנ"ט) unless they disobey their owner. In such a case, the issur of trapping is in force, and one may not return them to their cage and lock the door.
3. Rabbits, hares, hamsters. Some animals grow up in a person's possession but naturally run away when someone tries to hold them, but then return to their cage in the evening, for example rabbits, hares, hamsters, dogs and cats that belong to someone else, coloured birds, and parrots. Regarding these animals, the Mechaber (סי' שט"ז ס"ב) rules there is no issur of trapping, and one may push them into their cage and lock the door. They shouldn't be moved with the hands, though, because they are muktzeh (above, 18).
4. The Ramo holds they are subject to the issur of trapping miderabonon, and all the acharonim follow this psak (בן איש חי ש"ב וארא אות ח', כפה"ח ס"ק קי"ז ועוד). If one is afraid they will be stolen or get lost, he may be meikel to have a non-Jew return them to their cage (מ"ב סקנ"ז). Also, there is no need to stop a child from trapping them on his own (מ"ב שם).
5. If an animal of this sort got out of its cage into the room, and within the room, one needs to run after it to catch it, he may lock the room's door to minimize the space the animal can flee to since even when they are within a room, they are not considered trapped.
6. Potential damage. If an animal of this sort is in a big, fenced area and is likely to cause damage, break things, etc., one may be meikel to get it into its cage and lock the door. This is because his goal is to prevent damage, not to trap it, as the area is fenced and anyway the animal will return to its cage at night (מ"ב שם).

Feeding Animals First

Eating, Tasting, Drinking

1. Eating. One may not eat before giving his animal food (ברכות מ.). Some say this is deoraiso (שו"ת מהר"ם מרוטנבורג ח"ד סי' ש"ב, מג"א סי' רע"א סקי"ב, שו"ת אבני צדק או"ח סי' ק"ט בדעת הט"ז); others hold it is derabonon (פר"ח או"ח סי' ס"ו ס"ט, ביה"ל סי' קס"ז ד"ה ומ"מ בשם כמה אחרונים); yet others hold it is merely a midas chassidus (רמב"ם פ"ט עבדים ה"ח).
2. Tasting. Some poskim hold only a significant amount of food may not be eaten before one feeds his animal, but he may taste some food, i.e., less than a kebeitzoh (ט"ז סי' קס"ז סק"ז). However, most poskim hold one may not even eat less than a kebeitzoh before feeding his animal (ב"י, שו"ת שבות יעקב ח"ג סי' י"ג, מ"ב סי' קס"ז סק"מ). Tasting something just on the tongue is mutar (שו"ת אבני צדק שם).
3. Drinking. Some hold even when it comes to drinking, one must give his animal first (שו"ת כתב סופר או"ח סי' ל"ב, אור החיים הק' חיי שרה כ"ד, י"ט). However, most poskim hold one may drink before his animal (מג"א סי' קס"ז סקי"ח בשם ספר חסידים, א"ר, מ"ב שם).

Who Has This Chiyuv?

1. The owner. The chiyuv to feed an animal before eating is only incumbent on the animal's owner. Thus, one may give his wife and children food before feeding his animal since they are not the ones with the chiyuv (טהרת השלחן הג' סוף השו"ע).
2. His animals. This chiyuv only applies to animals one is responsible to feed. Although it is good to feed any hungry or thirsty animal because of tzaar baalei chayim; and anyone who is merciful toward Hashem's creations receives Heavenly mercy; and Hashem Himself is merciful toward all His creations; one does not need to feed an animal he is not responsible for specifically before he himself eats (פמ"ג סי' קס"ז משב"ז סק"ז, שלחן הטהור).
3. Fish. The chiyuv to feed animals first applies to fish too (מו"ר בשו"ת שבט הקהתי ח"ו סי' קי"ב).
4. Shliach, appointee. One may appoint a shliach or make someone in the house in charge of feeding the animals. If he does this, he is potur from this chiyuv (יד אפרים בהג' שו"ע), and the shliach or appointee may not eat before feeding the animals (ספר צער בעלי חיים בהלכה ואגדה פט"ז הע' 1053). Even if an animal owner appointed someone else to feed his animals right before he was about to eat, he may go ahead and eat even before his shliach feeds the animals (משמעות שו"ע או"ח סי' קס"ז ס"ו, כפה"ח סקנ"ב, מו"ר בשו"ת שבט הקהתי ח"א סי' שע"ג).
5. Thus, if one has a pet in his home, he may appoint a family member to be in charge of feeding it, and then everyone else in the home is potur from this chiyuv. It could be one may even appoint a child [who is old enough to be responsible] to be in charge of feeding the pet since this is not typical halachic shlichus and does not need a "chalois" – it's just a task that must be done by someone responsible.
6. On Shabbos or Yom Tov. Some poskim are unsure if the chiyuv to feed one's animals first applies on Shabbos; perhaps the chiyuv to eat on Shabbos and Yom Tov overrides the chiyuv to feed the animals first. Still, one should be machmir (שו"ת כתב סופר או"ח סי' ל"ב, שו"ת משנה הלכות ח"ז סי' מ', שו"ת קרן לדוד סי' מ"ז ססק"ב).