Treatment of Animals

• Jewish law prohibits causing unnecessary suffering to animals
• Animals can be used to satisfy legitimate needs, like food and clothing
• Pets are permitted, but cannot be physically altered, and may cause complications
• Jewish law is compatible with a vegetarian diet, but involves some use of leather
"Herod also got together a great quantity of wild beasts, and of lions in very great abundance, and of such other beasts as were either of uncommon strength or of such a sort as were rarely seen.

These were trained either to fight one with another, or men who were condemned to death were to fight with them. And truly foreigners were greatly surprised and delighted at the vast expenses of the shows, and at the great danger of the spectacles, but to the Jews it was a palpable breaking up of those customs for which they had so great a veneration." -Josephus, Antiquities of the Jews.

A righteous man knows the soul of his animal - Proverbs 12:10

Tza'ar Ba'alei Chayim: Cruelty to Animals

Judaism places great stress on proper treatment of animals. Unnecessary cruelty to animals is strictly forbidden, and in many cases, animals are accorded the same sensitivity as human beings. This concern for the welfare of animals is unusual in Western civilization. Most civilized nations did not accept this principle until quite recently; cruelty to animals was not outlawed until the 1800s, and even now it is not taken very seriously.

The primary principle behind the treatment of animals in Jewish law is preventing tza'ar ba'alei chayim, the suffering of living creatures. Judaism expresses no definitive opinion as to whether animals actually experience physical or psychological pain in the same way that humans do; however, Judaism has always recognized the link between the way a person treats animals and the way a person treats human beings. A person who is cruel to a defenseless animal will undoubtedly be cruel to defenseless people. Modern psychology confirms this understanding, with many studies finding a relationship between childhood animal cruelty and adult criminal violence. Sadly, the converse is not always true, and those who love animals do not always value human life: Hitler loved animals; the animal rights group PETA wrote a letter to Arafat telling him, when he blows up a bus full of Israelis, could he please not hurt a donkey to do it.

In the Bible, those who care for animals are heroes, while those who hunt animals are villains. Jacob, Moses and King David were all shepherds, people who cared for animals (Gen. 30, Ex. 31, I Sam. 17). The Talmud specifically states that Moses was chosen for his mission because of his skill in caring for animals. "The Holy One, Blessed Be He, said 'Since you are merciful to the flock of a human being, you shall be the shepherd of My flock, Israel.'" Likewise Rebecca was chosen as a wife for Isaac because of her kindness to animals. When Abraham's servant asked for water for himself, she volunteered to water his camels as well, and thereby proved herself a worthy wife (Gen. 24).

On the other hand, the two hunters in the Bible, Nimrod and Esau, are both depicted as villains. The Talmud tells the story of a great rabbi, Judah Ha-Nasi, who was punished with years of kidney stones and other painful ailments because he was insensitive to the fear of a calf being led to slaughter; he was relieved years later when he showed kindness to animals. (Talmud Baba Metzia 85a)

In the Torah, humanity is given dominion over animals (Gen. 1:26), which gives us the right to use animals for legitimate needs. Animal flesh can be consumed for food; animal skins can be used for clothing. The Torah itself must be written on parchment (animal hides), as must mezuzah scrolls, and tefillin must be made out of leather.

However, dominion does not give us the right to cause indiscriminate pain and destruction. We are permitted to use animals in this way only when there is a genuine, legitimate need, and we must do so in the manner that causes the animal the least suffering. Kosher slaughtering is designed to be as fast and painless as possible, and if anything occurs that might cause pain (such as a nick in the slaughtering knife or a delay in the cutting), the flesh may not be consumed. Hunting for sport is strictly prohibited, and hunting and trapping for legitimate needs is permissible only when it is done in the least painful way possible.

Under Jewish law, animals have some of the same rights as humans do. Animals rest on Shabbat, as humans do (Ex. 20:10). We are forbidden to muzzle an ox to prevent it from eating while it is working in the field (Deut. 25:4), just as we must allow human workers to eat from the produce they are harvesting (Deut. 23:25-26). Animals can partake of the produce from fields lying fallow during the sabbatical year (Ex. 23:11).

Several commandments demonstrate concern for the physical or psychological suffering of animals. We may not plow a field using animals of different species (Deut. 22:10), because this would be a hardship to the animals. We are required to relieve an animal of its burden, even if we do not like its owner, do not know its owner, or even if it is ownerless (Ex. 23:5; Deut. 22:4). We are not permitted to kill an animal in the same day as its young (Lev. 22:28), and are specifically commanded to send away a mother bird when taking the eggs (Deut 22:6-7), because of the psychological distress this would cause the animal. In fact, the Torah specifically says that a person who sends away the mother bird will be rewarded with long life, precisely the same reward that is given for honoring mother and father (Ex. 20:12; Deut. 5:16), and indeed for observing the whole Torah (Deut. 4:40). This should give some indication of the importance of this law.

We are permitted to violate Shabbat to a limited extent to rescue an animal in pain or at risk of death. For example, we can move them if they are in pain, move objects that we would not otherwise be permitted to touch to relieve their pain, we may give them medicine, and we may ask non-Jews to do things that would violate Shabbat to help a suffering animal.

In the Talmud, the rabbis further dictated that a person may not purchase an animal unless he has made provisions to feed it, and a person must feed his animals before he feeds himself (interpreting Deut. 11:15).

Pets

Jewish law does not prohibit keeping pets, and indeed many observant Jews have dogs, cats or other household pets, though Jewish law does raise some complications for pet owners.

As with all animals, we are required to feed our pets before ourselves, and make arrangements for feeding our pets before we obtain them. Also, like all animals, household pets are entitled to Sabbath rest, thus you cannot have your dog retrieve the paper for you on Shabbat, etc.

Some sources consider pets are considered to be muktzeh, within the category of objects that cannot be handled on Shabbat. I haven't been able to get a clear idea of what exactly is and is not permitted with an animal on Shabbat. I have seen several sources say that walking a dog is permitted, but if an animal runs away on Shabbat, it is not permitted to trap the animal.

It is permissible to feed non-kosher food to pets, as long as you do not consume it yourself. This falls under the general rule that it is permissible to use products of non-kosher animals as long as you don't eat them; for example, it is permissible to use a toothpaste that contains non-kosher ingredients as long as the toothpaste is not fit for human consumption, and it is permissible to wear gloves made from pig suede. However, it is not permissible to derive any benefit from a mixture of meat and dairy; therefore, any food you feed your pet cannot contain both meat and dairy.

Similarly, during Pesach, there are rules for pets, but they are not as strict as for people. It is impermissible to have any chametz (leavened grain products) in your home, or to derive any benefit from chametz, thus you cannot use chametz to feed your pets. However, you can feed your pets food that contains kitniyot. Star-K's website usually has a good list of KFP pet foods when the time comes. You can also feed your pets Passover table scraps, and you can feed matzah meal or farfel to feed fish or rodents. I used to have a hamster who loved Passover: carrot and potato peelings, celery tips, and all the matzah farfel he could eat! If you cannot find suitable food, you must temporarily sell the pets to a non-Jew, as you temporarily sell your other chametz to a non-Jew during the holiday.

It is a violation of Jewish law to neuter a pet. The Torah prohibits castrating males of any species (Lev. 22:24). Although this law does not apply to neutering female pets, neutering of females is prohibited by general laws against tza'ar ba'alei chayim (causing suffering to animals). Please note that, while the law prohibits you from neutering your pet, it does not prohibit you from owning a pet that is already neutered. If you want a neutered pet, I strongly encourage you to adopt from one of the many reputable shelters, such as Spay and Save (where I adopted one of my cats), Kitty Cottage (where I adopted another) or the Delaware Humane Association. I also heard a amusing story about an Orthodox Jewish woman who gave her unaltered female cat birth control pills, but I don't know how much truth there is to that story. It certainly would not be a violation of Jewish law to do so.

It is a violation of the general prohibition against tza'ar ba'alei chayim to have your pet physically altered in any way without a genuine, legitimate need. For example, declawing cats and docking the ears or tails of dogs are forbidden. Again, there is no law against owning an animal in this condition, so you should look into adopting from a shelter if you want such an animal. The cat that I adopted from Spay and Save was neutered and declawed by her previous owner.

Judaism and Vegetarians

The vegetarian diet was considered the ideal for humanity. Note that in Genesis 1:29, G-d gives humanity all fruits and vegetables for food, but no meat. Meat is not permitted until after the Flood (Gen. 9:3). Even offerings before that time did not involve the death of animals: a traditional midrash indicates that Abel and Cain's offerings (Gen. 4) were wool and flax.

Certainly, a vegetarian diet simplifies the process of keeping kosher, as it eliminates the need to separate meat and dairy! (see Kashrut) In fact, I once heard a joke about a vegan who decided to keep kosher, but he thought it was too easy for him, so he designated certain vegetables "meat" and certain vegetables "dairy," and certain vegetables "pareve," and he wouldn't eat "meat" vegetables with "dairy" vegetables!

Most vegetarian foods are kosher; in fact, many vegetarians who do not keep kosher rely on kosher certifications to make sure that the foods they buy are vegetarian! Beans, grains, fruits, vegetables, and dairy products can all be eaten and in any combination, and do not require kosher certification if they are not processed. If they are processed, you should seek reliable kosher certification to make sure that they weren't prepared on the same equipment as non-kosher food and that they don't have any hidden non-kosher ingredients.

It is traditional to eat meat to celebrate on Shabbat and festivals, but it is not a requirement. There is no holiday or observance for which it is a mitzvah (commandment) to eat meat, and most symbolic foods eaten for holidays are not meat. In fact, on Shavu'ot, it is traditional to eat dairy meals (which could not be eaten with meat). Meat is a traditional part of Shabbat and festival meals to make them more festive, but as long as you eat something special, something out of the ordinary, that should be sufficient to create the necessary festive atmosphere.

The one area that may cause concern for vegetarians is the use of animal parts for ritual purposes. The Torah is written on parchment (animal skins), as are the scrolls in a mezuzah and the tefillin. The tefillin are made of leather. The shofar blown at Rosh Hashanah is a ram's horn. Jewish law requires all of this. What is a religiously observant vegetarian to do? The Jewish vegetarian website JewishVeg points out that only a very small number of animals are used for this purpose, and also notes that Jewish law allows us to make these ritual items using animals that died of natural causes (though no one is currently advertising that they are doing so -- an overlooked business opportunity?) Also keep in mind: the animal products currently used are merely a byproduct of the vastly larger meat industry. If there comes a time when the meat industry does not provide sufficient byproducts, you may find more Jewish ritual objects made from animals that died of natural causes.





Judaism 101

Judaism & Vegetarianism

Where's the beef?
Examining the pros and cons.

by Rebbetzin Feige Twerski and Rabbi Shraga Simmons

The vegetarian diet enjoys a degree of popularity in the West. Some choose to be vegetarian for aesthetic reasons: they don't like the taste of meat, or they regard a meat-based diet as less healthy. Others are vegetarians because they find it morally wrong to kill an animal for food.
What does Judaism say about all this?

First, some background on the Jewish worldview:
Ideally there should be no barriers between one's physical and spiritual existence. Life should be a seamless expression of connecting to the Master of the Universe, the Author of our being. From the Jewish perspective, activities that present themselves as mundane -- eating, sleeping, conducting business, relationships, etc. -- are part of serving God, no less than the ritual observance of prayer, study and giving charity. The act of eating should be a ladder to heaven - a means of bringing sanctity into our lives.

Earthly activities are the bridge through which we access higher realms. Therefore, the act of eating is not a meaningless, sensual indulgence, nor even a necessary means of maintaining our physical well being. It can and should be the proverbial ladder to heaven -- a means of bringing holiness and sanctity into our lives.

The Talmud says that at the end of one's life, the first question God asks is: "Did you taste every fruit that I put on Earth?" We are enjoined to appreciate all of life's bounty. Indeed, Maimonides deems it a mitzvah to partake of meat on the holidays, in order to increase one's pleasure and rejoicing. (In practice, this does not apply to those who do not enjoy these foods.)

In general, Judaism permits the eating of meat, provided that the animal: is a species permitted by the Torah (Leviticus chapter 11); is ritually slaughtered (shechita) (Deut. 12:21); has the non-kosher elements (blood and certain fats and sinews) removed (Leviticus 3:17; Genesis 32:33); is prepared without mixing meat and milk (Exodus 34:26); and that appropriate blessings are recited (Deut. 8:10).

By eating in the Torah-prescribed manner, and with the proper focus and intent, says the Talmud, one's table can become a virtual altar in the service of God.

COMPASSION FOR ANIMALS
At the same time, the Torah stresses compassion for animals. Indeed, the Jewish forefathers are known affectionately as the "Seven Shepherds," and the Talmud describes how God chose Moses for Jewish leadership based on his tender care for flocks of sheep. Here are some examples of Jewish legislation regarding the ethical treatment of animals:

It is prohibited to cause pain to animals - tzaar ba'alei chaim. (Talmud - Baba Metzia 32b, based on Exodus 23:5)

One is obligated to relieve an animal's suffering (i.e. unburden it), even if it belongs to your enemy. (Exodus 23:5)

If an animal depends on you for sustenance, it is forbidden to eat anything until feeding the animal first. (Talmud - Brachot 40a, based on Deut. 11:15)

We are commanded to grant our animals a day of rest on Shabbat. (Exodus 20:10)

It is forbidden to use two different species to pull the same plow, since this is unfair to the weaker animal. (Deut. 22:10)

It is a mitzvah to send away a mother bird before taking her young. (Deut. 22:7)

It is forbidden to kill a cow and her calf on the same day. (Leviticus 22:28)

It is prohibited to sever and eat a limb off a live animal. (Genesis 9:4; this is one of the "Noachide" laws that apply to Jews and non-Jews alike.)

Shechita (ritual slaughter) must be done with a minimum of pain to the animal. The blade must be meticulously examined to assure the most painless form of death possible. ("Chinuch" 451; "Pri Megadim" - Introduction to Shechita Laws).

Hunting animals for sport is viewed with serious disapproval by our Sages. (Talmud - Avoda Zara 18b; "Noda BeYehuda" 2-YD 10)
To deal casually or cavalierly with the life of an animal is antithetical to Jewish values. This sensitivity is illustrated by the following story:
In a small European village, a shochet (ritual slaughterer) fetched some water to apply to his blade in the preparation process. At a distance, he observed a very old man, watching him and shaking his head from side to side disapprovingly. Finally, the young shochet asked the old man for an explanation.
The old man replied that as he watched him prepare his blade, it brought back memories from many years earlier when, as a young man, he had observed the saintly Rabbi Israel Baal Shem Tov (founder of the chassidic movement) doing the same thing. But the difference, he explained, was that Rabbi Israel did not need to fetch water in order to sharpen the blade -- rather the tears that streamed from his eyes were adequate.

HIERARCHY OF CREATION
While Jewish law protects the ethical treatment of animals, Judaism also maintains that animals are meant to serve mankind, as it says: "Let man dominate the fish, birds and animals" (Genesis 1:26). There is a clear hierarchy of creation, with man at the pinnacle.

Maimonides identifies four levels in the hierarchy of creation, in which every creature derives its sustenance from the level beneath it:

Level 1: Domaim -- the silent, inanimate realm (i.e. earth and minerals) constitutes the lowest existence, and is self-sustaining.
Level 2: Tzomey'ach -- vegetation is nurtured by the previous level, earth.
Level 3: Chai -- the animal kingdom eats mostly vegetation.
Level 4: Medaber -- human beings (lit.: the speaking being) derive nourishment by eating both vegetation and animals.

When food is consumed, its identity is transformed into that of the one eating it. Thus the Talmud (Pesachim 59b) regards it as morally justified to eat animals only when we are involved in holy and spiritual pursuits. It is only then that the human actualizes his highest potential, and the consumed animal is, so to speak, elevated to the level of "human."

In Jewish consciousness, the highest level an animal can achieve is to be consumed by a human and used in the service of God. A chicken on a Shabbos table is a very lucky chicken! (see "Tanya" ch. 7)

If, however, the person is acting like an animal, then by what right may he consume his "peer"? What spiritual improvement can he confer upon this animal by eating it?

Therefore, before eating meat, we must ask ourselves the very sobering question of whether in fact, given who we are, are we indeed benefiting this animal?
When eating is not merely an act of "mindless consumption," but rather an act with clear intent that the strength and energy one derives from the food will be utilized to benefit the world, then eating has been sublimated to an act of worship.

RADICALIZED EXTENSION
Animal rights can be a double-edged sword: While the animal kingdom is important and must be treated ethically, we must recognize that there is no equivalence of species. Among all living things, humankind alone is created in the "image of God" (Genesis 1:26).
When the lines are blurred, when both human and animal life is considered equally sacred, this can trigger a dangerous philosophy that regards killing a human being as no more heinous than killing an animal.

Rabbi Yosef Albo (14th century) asserts that this philosophy has its roots in the biblical story of Cain and Abel. Genesis chapter 4 describes how Cain brought a sacrifice of grain, while his brother Abel offered animals. Rabbi Albo explains that Cain regarded humans and animals as equals and, accordingly, felt he had no right to kill them.

Cain then extended this misguided logic: If people and animals are inherently equal, then just as one could permit taking the life of an animal, so too could one permit taking the life of his fellow man. Thus Cain was able to justify the murder of his brother.
The Nazis passed laws protecting animals, while relegating Jews to the status of "sub-human."

In modern times, the radicalized extension of Cain's philosophy came afore during the 1930s, when the Nazis passed a number of laws protecting animals, e.g. restricting the use of live animals in biomedical experiments ("vivisection"). All the while, the Nazis were killing off millions of humans. (Actually, Jews were legally relegated to the status of "sub-human.") The lines between human and animal had been totally obscured.

Today this radical vegetarianism is expressed by the organization PETA (People for the Ethical Treatment of Animals). As one example, PETA's shocking multi-media display, "Holocaust on Your Plate," juxtaposes photos of Nazi concentration camp victims with photos of chicken farms, drawing a gross moral equivalence. (see http://www.masskilling.com)

In academia, too, Princeton Univ. philosopher Peter Singer has written and lectured extensively on how the welfare of animals supercedes that of ill babies; he also calls for society to accept human-animal domestic partnerships. (see www.naotd.org/singash.html)

Judaism's permitting animals for food serves as a pragmatic hedge against such extremism: constantly reminding man of his unique status among God's creation. The 18th century kabbalist, Rabbi Moshe Chaim Lutzatto, explains that all living things -- humans and animals -- have souls. However, not all souls are created equal. Animals have a soul which animates them and carries within it the instincts for survival, procreation, fear, etc. Only humans, with a Divine soul, have the ability to forge a relationship with God, the transcendent dimension. Only humans have the ability to choose higher "soul pleasures" -- like helping the poor, even at the expense lower "body pleasures" like hoarding more food for ourselves. You'll never see a hungry dog say to his friends, "Let's not fight over this," or "Let's save some for the other dogs who aren't here."

Rabbi Abraham Isaac Kook (purportedly a vegetarian) writes that man was granted dominion over animals in order to underscore our spiritual superiority and heightened moral obligations. Were man to accord animals the same rights as humans, then just as we don't expect high moral standards from animals, we would, tragically, lower our expectations of humans as well.

HISTORICAL PRECEDENTS
Historically, Adam and Eve were vegetarians, as it says: "vegetables and fruits shall be your food" (Genesis 1:29). God only permitted meat to Noah and his descendents after the Flood (Genesis 9:3; Talmud - Sanhedrin 59b).

Why the shift?

Some commentators explain that before the Flood, man was above the food chain, given the responsibility to take care of the world and everything in it. After the Flood, man sunk a level and became linked with the food chain, albeit at the top of it. Mankind had fallen in its ability to influence the animal world through actions and deeds, and it thus became necessary to influence the animal world more directly by ingesting them. After the Flood, mankind had fallen in its ability to influence the animal world through actions and deeds. Rabbi Yosef Albo, mentioned earlier, asserts that Cain's misguided philosophy was adopted by succeeding generations, and meat was permitted to Noah in order to emphasize the superiority of humanity over the animal kingdom.

Another commentator, the Malbim, explains the shift from a physical perspective: The post- diluvian era was marked by a general weakening of the human condition. As the quality of produce became nutritionally inferior, and as mankind became geographically dispersed and subject to varying climates, it became necessary to supplement the human diet with animal products.

Some cite the precedent of Adam and Eve as indication that in a perfect world, i.e. in the future time of the Messiah, humans will return to universal vegetarianism. The vast majority of rabbinic scholars, however, maintain that animal offerings will be resumed in the Messianic era. Indeed, the Talmud (Baba Batra 75a) declares that when the Messiah arrives, God will prepare a flesh-based feast for the righteous.

SUMMARY
In conclusion, Judaism accepts the idea of a vegetarian diet, though dependent on one's intention:

Vegetarianism based on the idea that we have no moral right to kill animals is not an acceptable Jewish view. Vegetarianism for aesthetic or health reasons is acceptable; indeed, the Torah's mandate to "guard yourselves carefully" (Deut. 4:15) requires that we pay attention to health issues related to a meat-centered diet. Some points to consider include the contemporary increase in sickness in animals created by factory farm conditions, and the administration of growth hormones, antibiotics and other drugs given to animals. All of these may be possible health risks to humans.

Rabbi Moshe Feinstein, forbade raising veal in cramped and painful conditions.
In addition, there is the possible violation of tzaar baalai chaim (causing pain to animals) resulting from mass production methods of raising, transporting and slaughtering animals. The great 20th century American sage, Rabbi Moshe Feinstein, forbade raising veal in cramped and painful conditions, and forbade feeding animals chemicals in place of food, since this would deprive them of the pleasure of eating. ("Igros Moshe" EH 4:92) Jewish consciousness requires constant attention to preserving and protecting our natural world. Rabbi Benzion of Bobov was strolling with a disciple, deeply engrossed in scholarly conversation. As they passed a tree, the student mindlessly pulled off a leaf and unconsciously shredded it into pieces.

Rabbi Benzion stopped abruptly. The student, startled, asked what was wrong. In response, the rabbi asked him why he had picked the leaf off of the tree.
The disciple, taken aback, could think of no response.

The rabbi explained that all of nature -- birds, trees, even every blade of grass -- everything that God created in this world, sings its own form of praise to its Creator. If they should be needed for food and sustenance, they are ingested and become part of the song of the higher species. But to pull a leaf off a tree for no purpose at all is to wastefully silence its song, giving it no recourse, as it were, to join any other instrument in the symphony of nature.

Yes, Judaism permits the eating of meat, provided that proper intent and mindfulness are present: to elevate the Divine energy contained in meat to a higher human level; to use energy derived from eating to discharge spiritual and moral responsibilities; and to serve God through the pleasures of His world.
For further reading: "Vegetarianism and Judaism" by Rabbi J. David Bleich, Contemporary Halakhic Problems, Volume III.



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