Difference between revisions of "Animals on Shabbat"
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==Killing Insects on Shabbat==
==Killing Insects on Shabbat==
# It is forbidden to kill insects intentionally on [[Shabbat]], even if they rest on
# It is forbidden to kill insects intentionally on [[Shabbat]], even if they rest on skin and may bite (as long as there is no real danger). One may gently remove such insects, but may not place them in a sink or water fountain where they may drown. <ref> Menuchat Ahavah 3:18:3. </ref> Although [[trapping]] insects is normally forbidden, stinging insects that can inflict substantial pain may be trapped by covering them with an empty cup. Also, if a mosquito is near a small child who may suffer a reaction from a bite it would be permitted. <ref> The 39 Melachot pg.872 </ref>
==Moving an Animal==
==Moving an Animal==
Revision as of 22:50, 19 March 2014
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Letting one's Animal Rest on Shabbat
- Letting one's animal rest and not do the 39 Melachot on Shabbat is a Biblical commandment from the Pasuk לְמַעַן יָנוּחַ, שׁוֹרְךָ וַחֲמֹרֶךָ. The prohibition is called Shevitat Behemto. 
- One shouldn't take an animal out on Shabbat beyond the eruv with anything that doesn't benefit the animal.  There is discussion if this applies to a tag. 
- Renting out one's work animal (such as a horse, mule, or donkey) to a non-Jew for Shabbat is forbidden because the non-Jew may do work with it. 
- It's permissible to give to a goy one's animal for Shabbat as long as one doesn't collect a rental fee. 
- It's even permissible to give the goy one's animal on Shabbat itself. 
- The commandment applies to making an animal carry in a reshut harabbim and even in a karmelit for something that is categorized as a burden. 
- Commanding one's animal to perform a melacha on Shabbat is forbidden because of Amirah LeNochri. 
Feeding Animals on Shabbat
- It is forbidden to feed an animal which doesn't live in your house and doesn't depend on you for food. For example, it is not proper to place wheat before birds on Shabbat Shirah.  Otherwise, it is permissible to feed pets, such as by placing food in front of them or pouring fish food into a tank. In either case, a dog may be fed. 
- One should not unnecessarily exert himself too much in the preparation of the food for an animal. For example, if the dog can eat the meat straight from the bone, one shouldn't cut it into smaller pieces even if he avoids a violation of tochen. 
- One may not carry food for an animal even on Yom Tov unless there is an eruv. 
Killing Insects on Shabbat
- It is forbidden to kill insects intentionally on Shabbat, even if they rest on one's skin and may bite (as long as there is no real danger). One may gently remove such insects, but may not place them in a sink or water fountain where they may drown.  Although trapping insects is normally forbidden, stinging insects that can inflict substantial pain may be trapped by covering them with an empty cup. Also, if a mosquito is near a small child who may suffer a reaction from a bite it would be permitted. 
Moving an Animal
- Moving an animal is forbidden because of Muktzah.  Some poskim permit moving an animal that can be used to quiet a child such as a domesticated pet.  Touching however, is permitted as with all other muktzeh. 
- According to some poskim, if the animal is in a cage or tank, then the whole cage or tank becomes muktzeh as a base for the muktzeh animals themselves.  Others disagree. 
- A blind person who uses a dog to help him walk my do so on Shabbat even with a leash because he doesn't carry the dog. 
- Someone who has a dog as a pet and needs to walk it daily, may do so on Shabbat, but he shouldn't lift it. If one is going in a reshut harabim one must be careful that he doesn't let the leash hang by more than a tefach from his hand.  One should avoid walking an animal beyond the eruv with anything that does not benefit the animal itself.  There is a dispute if this applies to a tag. 
- One is permitted to move a pet to alleviate its suffering. 
- It is forbidden to place something on an animal or remove it from an animal on Shabbat, nor may one lean on an animal on Shabbat. 
Trapping Animals on Shabbat
- See the page on the melacha of Tzad (Trapping).
- One may kill an animal whose bite poses a danger to a person's life, such as a poisonous snake or yellow scorpion. 
Riding an Animal
- It's forbidden to ride an animal on Shabbat. 
- One who mistakenly got onto an animal must come down because of Tzaar Baalei Chayim. 
Milking an Animal
- It is forbidden to milk an animal on Shabbat, as this is a violation of mifarek, which falls under the melacha of Dosh. 
- It is permissible to tell a non-Jew to milk an animal for you on Shabbat because if you don't it will cause the animal pain, but the milk is considered muktzeh for the day.  If a non-Jew is not available one should let the milk go to waste so that the violation is only dirabanan which would be allowed to save the animal from the pain, and one should try to do it with a shinui.  This leniency to allow a Jew to do it, only applies if there are no baby animals who can milk the adults. 
- Shemot 23:12 is the source of Shevitat Behemto. Rambam Shabbat 20:1 brings it as halacha as does Yalkut Yosef Shabbat vol 1: pg. 33.
- Shulchan Aruch 305:1.
- Shulchan Aruch 305:17 extends this to a tag. Aruch Hashulchan 305:5 rules stringently even though nowadays a tag shows that the animal has an owner and should not be put to death because of the fear of rabies. Rav Shlomo Zalman Auerbach cited in Shemirat Shabbat Kehilchata 27 footnote 33 disagrees since these tags are worn for the benefit of the dog.
- S”A 246:3
- The dispute in the Rishonim is brought by the Bet Yosef 305:23:
- (a) The Hagahot Mordechai (kedushin) writes that it’s permissible to give a small animal to a goy because it’s not usually used for work implying that a large animal would be forbidden because it may do work. The Darkei Moshe writes that the difference is that a large animal would do work which is Deorittah and a small animal would only be traveling more than techum which is Derabbanan (or even if you hold it is Deorittah it’s still not the same Deorittah because it doesn’t get Sekilah).
- (b) The Kolbo (end of book) in name of Rav Hai Goan writes that one can’t give any animal to a goy because the goy might bring the animal past the techum.
- (c) The Shibolei HaLeket quotes Rav Hai Goan who said that as long as you’re not renting it on Shabbat (which would clearly be forbidden as in S”A 246:3) and you don’t know that the goy is working it, it’s permitted. However if you see the goy doing work with it one should tell him not to work it.
- (d) S”A 305:23 rules like the Shibolei HaLeket in name of Rav Hai Goan permitting giving animals to a goy on Shabbat.
- (e) Even though it's certainly forbidden to rent a animal to a non-Jew, concerning selling/giving one’s animal to a goy there’s a dispute in the Rishonim whether it’s permissible.
- (f) The reason given by many Achronim (brought by Mishna Brurah 205:78) to differentiate is that the goy is fearful to work the animal if he is only borrowing or perhaps just watching the animal. Therefore since one doesn’t want the goy to work the animal and one doesn’t know about it, it’s permissible. However, renting an animal over Shabbat is forbidden because the goy is free to use the animal as he likes and so he will work it to get his money’s worth.
- (g) The differentiation of the Gra 305:23 (see Beiur Halacha s.v. VeAf) is just like by Shevitat Avdo the slave is allowed to do work for himself as long as you don’t command him to do work. Therefore, renting one’s animal is forbidden because you’re getting benefit out of it. However, if one gives the animal to a goy, one doesn't get any benefit if the animal does work and so it’s like it was doing work for itself and is permissible. Beiur Halacha explains that if one sees the goy doing work with it one should protest because it looks like one is getting benefit from it.
- (h) One Nafka Minah is that of the Beiur Halacha, who explains that the language of S”A which is “if one sees the goy working the animal…” fits the explanation of the Gra precisely, however according to the other Achronim the language of one seeing the goy is inaccurate and the same would be true even if one didn’t see the goy but knew that such was true.
- Ba'er Heteiv 305:11 writes that implied from S”A is that it’s permissible to give or sell the animal to the goy even on Shabbat itself. However, the Sh”t Ram Alshaker 41 forbids giving it to a goy on Shabbat.
- Yalkut Yosef Shabbat vol. 1: pg. 526
- The Or Letzion 1:23 proves from the Gemara Shabbat 19a that there exists a rabbinic prohibition of Amirah LeNochri for animals. He explains that there are two reasons that apply to regular Amirah LeNochri: 1) it appears as though the non-Jew is the agent of the Jew working on Shabbat and 2) one is not supposed to speak about weekday activities, such as melacha, on Shabbat. He says that even though the first reason doesn't apply to animals, the second one does.
- Kitzur S"A 87:18, Magen Avraham 583:5, Mishna Brurah 324:31, Mateh Efrayim 598:11. See Aruch Hashulchan O.C. 324:3 for a possible defense of this minhag, that we're thanking them for singing at Shirat Hayam. Magen Avraham says the same is true of the minhag to throw bread crumbs to the fish during Tashlich. Aruch Hashulchan 324:2 writes that one can feed an animal that is visibly hungry and cannot find food
- Shulchan Aruch 324:11, Rabbi Eli Mansour. Beiur Halacha adds that it is even permitted to feed someone else's pets. Yalkut Yosef 324:9, however, says that if the fish can survive without you feeding them, don't feed them.
- Mishna Brurah 324:31.
- Mishna Brurah 324:3
- Mishna Brurah 512:3
- Menuchat Ahavah 3:18:3.
- The 39 Melachot pg.872
- S"A 308:39, S"A Harav 308:78, the Gemara in Shabbos 128b states that animals are muktzeh. Maggid Mishneh on Rambam Hilchot Shabbat 25:25 says that since they have no use they are in the category of muktzeh machmat gufo. This is the explanation of the Beit Yosef OC 308: "kofin", and Mishna Brurah 308:146. Iggros Moshe OC 4:16 (see however Iggerot Moshe 5:22:21), R' Shlomo Zalman Auerbach (Shmiras Shabbos K'hilchasa 27 - see footnote 96), and R' Ovadia Yosef (Yabiah Omer 5:26) concur. Mishna Brurah 308:146 adds that this would be true even if not moving the animal would cause financial loss.
- Yalkut Yosef Shabbat vol. 2 pg. 383, Orchot Shabbat 19:124, Daat Torah 308:39, Kaf Hachaim 308:235, S"A Harav 308:78 are stringent even in this case. Tosafot Shabbat 45b "hacha", Mordechai Shabbat 316 and Hagahot Ashri on Rosh, Shabbat 3:21 all cite those who are lenient for this, but themselves are stringent. Rosh quoted in Maharach Or Zarua 82 is also stringent.
However, Sh"t Halachot Ketanot 45 is lenient and Sh"t Merosh Tzurim 38:6 quotes that Rav Mordechai Eliyahu was lenient as well as the opinion of Rav Aharon Lichtenstein that one shouldn't admonish those who are lenient though proper conduct would be to be stringent. Shulchan Shlomo vol. 2, 308:74 is also lenient . see also Iggerot Moshe 5:22:21
- Yalkut Yosef Shabbat vol. 2 pg. 383
- Rabbi Eli Mansour
- Shemirat Shabbat kihilchatah 18:footnote 62, 27:footnote 96
- Yalkut Yosef vol. 2 pg. 384
- Shulchan Aruch 305:16, Yalkut Yosef Shabbat vol. 2 pg. 385. Shulchan Aruch 305:16 adds that one should make sure to hold it so that the leash doesn't hang within a tefach of the ground
- Shulchan Aruch 305:1
- Shulchan Aruch 305:17, Aruch Hashulchan 305:5 rules stringently even though nowadays a tag shows that the animal has an owner and should not be put to death because of the fear of rabies. Rav Shlomo Zalman Auerbach cited in Shemirat Shabbat Kehilchata 27, footnote 33 disagrees since these tags are worn for the benefit of the dog.
- Sh"t Yabea Omer 5:26, Chazon Ish 52:16. Although Magen Avraham 305:11 says that the laws of muktzeh aren't waived for tzaar baalei chayim, Eliya Rabba 305:18 disagrees. S"A Harav 305:26 says that one can be lenient if it will cause great loss. Mishna Brurah 305:70 quotes both opinions and concludes that one can surely make use of a non-Jew to move it in such a situation. see also Shemirat Shabbat Kehilchita 27:28 + 30 and footnote 98
- 39 Melachot (vol 3, pg 301) based on S"A 305:8, 18
- Shulchan Aruch 316:10, Shemirat Shabbat KeHilchata 25:1
- The Mishna in Betzah 36b writes that the Rabbinical Gezerot of Shabbat also apply to Yom Tov and includes on the list the prohibition of riding an animal on Shabbat. The Gemara explains that the logic of the Gezerah is that the Rabbis were concerned that a person riding an animal might come to pull a branch off a tree to use as a whip. Beit Yosef 305:18 quotes the Rosh in name of the Yerushalmi that says that riding an animal on Shabbat is forbidden because of Shevitat Behemto. Yalkut Yosef Shabbat vol. 2 page 108 codifies this as halacha
- Yalkut Yosef Shabbat vol. 2 pg. 108
- Yalkut Yosef Shabbat vol. 2 pg. 110. see there for discussion if this is a torah violation or rabbinic. for more see Zomet Institute
- Yalkut Yosef vol 2. pg. 110, Sh"t Yabea Omer 9:30
- Yalkut Yosef Shabbat vol 2. pg. 111
- Yalkut Yosef Shabbat vol. 2 pg. 112