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Tza'ar ba'alei chayim

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Tza'ar ba'alei chayim (Hebrew: צער בעלי חיים), literally "suffering of living creatures",[1] is a Jewish commandment which bans causing animals unnecessary[2][3] suffering. This concept is not clearly enunciated in the written Torah, but was accepted by Talmudic scholars as being a biblical mandate (Genesis 9:4).[9] It is linked in the Talmud from the biblical law requiring people to assist in unloading burdens from animals (Exodus 23:5).[10]

Literal meaning

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Tza'ar is an (ancient) Hebrew word for "suffering" and is used in this context with the meaning of "suffering that does not advance some legitimate human good", according to The Oxford Handbook of Jewish Ethics and Morality.[11] Ba'alei chayim is an expression literally meaning "owners of life", which is used in the Talmud for "animals".[12]

Laws

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Slaughter

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Main article: Shechitah
Further information: Cruelty to animals and Kosher foods

In traditional Jewish law, kosher animals may be eaten if killed using the slaughter method known as shechitah, where the animal is killed by having its throat cut swiftly using an extremely sharp and specially designed knife.[13] Many rabbis assert that these regulations were put in place to reduce the animal's suffering[14] and to ensure that the animal has the easiest possible death.[15] The design of the kosher knives as well as regulation relating to how the cut is made have been seen to greatly reduce or completely eliminate reaction from the kosher cut.[16] Even modern-day scientists critical of shechita agree that it greatly improved welfare at slaughter in historical periods,[17] though experts disagree regarding shechita's efficacy compared to modern slaughter methods.[18][19]

In 2000, the Rabbinical Assembly of Conservative Judaism's Committee on Jewish Law and Standards banned the common slaughter method of "shackling and hoisting" (pulling a conscious animal into the air with a chain before slaughter). Rabbis Joel Roth and Elliot Dorff wrote a responsum on this topic which concluded that shackling and hoisting "unquestionably constitutes a violation of Jewish laws that forbid us to cause undue pain to animals."[20]

Animal research

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According to the Shulkhan Aruch, "anything that is necessary for medical purposes, or for anything else, is exempt from the prohibition of causing suffering to animals".[21]

Most Jewish authorities allow medical research if it will help people in need, and if the animals do not undergo any unnecessary suffering. Reform Judaism's Central Conference of American Rabbis, for example, affirms that animal research is permissible if it will save human lives, so long as animals are subjected to little pain and not used in "frivolous" experiments such as cosmetic testing.[22]

In the Noahide Covenant

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Main article: Seven Laws of Noah

A concern for suffering caused to animals is found in the Seven Laws of Noah (Sheva Mitzvot B'nei Noach), a set of universal moral laws which, according to the Talmud, were given by God as a covenant with Noah and with the "sons of Noah"—that is, all of humanity.[25] One of the seven Noahide laws, ever min ha chai, prohibits eating flesh torn from a living animals.[26] This law is derived from Genesis 9:4, as interpreted in the Talmud.[27]

Vegetarianism and veganism

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Main articles: Judaism and environmentalism and Jewish vegetarianism
Further information: Abolitionism (animal rights), Animal rights movement, and Jewish Veg

A number of authorities have described tza'ar ba'alei chayim as requiring or leading to the adoption of a vegetarian or vegan diet. Israeli rabbi Asa Keisar has argued that the slaughter of animals in contemporary times violates tza'ar ba'alei chayim and should not be considered kosher.[28][29] Israeli rabbi Simchah Roth has argued that contemporary slaughter "constitutes cruelty to animals [tza'ar ba'alei chayim] which is forbidden by the Torah."[30][31] American rabbi Geoffrey Claussen has written that considering tza'ar ba'alei chayim may lead to "committing to a vegan diet and boycotting the animal agriculture industry."[32] American author Richard H. Schwartz has claimed that tza'ar ba'alei chayim is a central reason for Jews to become vegetarians.[33]

Other areas of concern for animals in Jewish law

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Further information: Animal welfare and rights in Israel

Resting on the Sabbath also meant providing rest for the working animals, and people are instructed to feed their animals before they sit down to eat.[34] At harvest time, the working animals must not be muzzled, so that they can eat of the harvest as they work.[35]

A prohibition against using two different kinds of animals teamed together, such as ploughing or doing other work, is derived from the Torah in Deuteronomy 22:10 and the Mishnah in tractate Kila'yim elaborates upon this prohibition. The underlying concern is for the welfare of the animals, particularly the weaker of the pair.[36][37]

Sports like bullfighting are forbidden by most authorities. Rabbi Ovadia Yosef has characterized bullfighting as "a culture of sinful and cruel people" which is opposed by Torah values.[38]

Narrative traditions

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One midrash declares compassion for animals to have been the merit of Moses that made him the shepherd of his people.[39] This midrash has sometimes been linked with the commandment of tza'ar ba'alei chayim.[40]

In one narrative in the Talmud, Judah ha-Nasi saw in his own ailment the punishment for having once failed to show compassion for a frightened calf.[41] This midrash has sometimes also been linked with the commandment of tza'ar ba'alei chayim.[40]

Organizations

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The Shamayim V'Aretz Institute

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The Shamayim V'Aretz Institute is a Jewish animal protection group that educates leaders, trains advocates, and leads campaigns for the humane treatment of animals.[42] Shamyim V'Aretz is led by rabbi Shmuly Yanklowitz and has run campaigns which seek to end: kosher certification of veal, the practice of kapparot, and the kosher certifying of cattle that are killed using shackle and hoist techniques.

Magen Tzedek

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Enforcing a commitment to tza'ar ba'alei chayim in food production has been part of the effort of Conservative Judaism's Magen Tzedek commission, formerly known as Hekshher Tzedek. The Magen Tzedek commission sees compliance with the Humane Farm Animal Care Standards (HFAC) as sufficiently preventing unnecessary suffering to animals.[43] Amid disputed claims of Orthodox opposition[44] the Magen Tzedek commission has not been successful in recruiting any food producers into its certification program.[45]

The Jewish Initiative For Animals

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The Jewish Initiative For Animals (JIFA) supports innovative programs that seek to turn the Jewish value of tza'ar ba'alei chayim into action and build Jewish American communities in the process.[46] In November 2016 JIFA partnered with kosher meat distributors KOL Foods and Grow and Behold to bring a run of kosher certified heritage breed chickens to market for the first time in approximately 50 years.[47] Heritage breed chickens and turkeys are able to achieve highest possible welfare outcomes.[48] Thus, the renewed availability of heritage chicken to kosher consumer has helped expand values of tza'ar ba'alei chayim within the modern kosher meat industry.[49] JIFA has also sought to spread the values of tza'ar ba'alei chayim into the Jewish world through its Ark Project, a service-learning curriculum for b’nai mitzvah. This curriculum seeks to engages with Jewish teaching and real life problems about topics such as homeless animals, animals used in entertainment, farmed animal welfare, conservation of wildlife and more.[50]

Jewish Veg

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Jewish Veg is an organization whose mission is to encourage and help Jews to embrace plant-based diets. The organization teaches that "tsa'ar baalei chaim, the prohibition on causing animals pain, is one of the most beautiful teachings in Judaism. Our Jewish sacred texts strongly emphasize compassion for animals, and strongly oppose the infliction of suffering on another living creature."[51]

Hazon

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Hazon is a Jewish environmental education organization. In December 2015, it introduced animal welfare as a core value of its agenda.[52] The organization teaches that "preventing unnecessary cruelty to animals, or tzaar baalei chayim, is a core value in Judaism."[53]

See also

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Further reading

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  • Cohen, Noah J. (1976). Tsa'ar Ba'ale Hayim: Prevention of Cruelty to Animals: Its Bases, Development and Legislation in Hebrew Literature. Jerusalem and New York: Feldheim Publishers.
  • Cohen-Sherbok, Dan (2006). "Hope for the Animal Kingdom: A Jewish Vision". In Patton, Kimberley; Waldau, Paul (eds.). A Communion of Subjects: Animals in Religion, Science and Ethics. New York: Columbia University Press. pp. 81–90.
  • Labendz, Jacob Ari; Yanklowitz, Shmuly (2019). Jewish Veganism and Vegetarianism: Studies and New Directions. SUNY Press.
  • Kalechofsky, Roberta (1992). Judaism and Animal Rights: Classical and Contemporary Responses. Marblehead: Micah Publications.
  • Levi, Ze'ev (2001). "Ethical Issues of Animal Welfare in Jewish Thought". In Yaffe, Martin D. (ed.). Judaism and Environmental Ethics: A Reader. Plymouth: Lexington. pp. 321–332.
  • Sears, David (2003). The Vision of Eden: Animal Welfare and Vegetarianism in Jewish Law and Mysticism. Spring Valley: Orot.
  • Slifkin, Nosson (2006). Man and Beast: Our Relationships with Animals in Jewish Law and Thought. New York: Lambda.

References

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  1. ^ "Tza'ar Ba'alei Chayim" (PDF). Torah to Go. 1 (13). The Adult Centre for Liberal Jewish Learning. Archived from the original (PDF) on March 15, 2012. Retrieved June 30, 2017.
  2. ^ Rabbi Moses ben Israel Isserles (Rama), Even HaEzer 5:14: Anything that is for health purposes or other purposes, there is no concern for tza’ar ba’alei chayim...
  3. ^ Barnhill, David Landis; Gottlieb, Roger S. (2010-03-29). Deep Ecology and World Religions: New Essays on Sacred Ground. SUNY Press. ISBN 9780791491058.
  4. ^ a b c "Noahide Laws". Encyclopædia Britannica. Edinburgh: Encyclopædia Britannica, Inc. 14 January 2008. Archived from the original on 21 January 2016. Retrieved 10 November 2020. Noahide Laws, also called Noachian Laws, a Jewish Talmudic designation for seven biblical laws given to Adam and to Noah before the revelation to Moses on Mt. Sinai and consequently binding on all mankind.
    Beginning with Genesis 2:16, the Babylonian Talmud listed the first six commandments as prohibitions against idolatry, blasphemy, murder, adultery, and robbery and the positive command to establish courts of justice (with all that this implies). After the Flood a seventh commandment, given to Noah, forbade the eating of flesh cut from a living animal (Genesis 9:4). Though the number of laws was later increased to 30 with the addition of prohibitions against castration, sorcery, and other practices, the "seven laws", with minor variations, retained their original status as authoritative commandments and as the source of other laws. As basic statutes safeguarding monotheism and guaranteeing proper ethical conduct in society, these laws provided a legal framework for alien residents in Jewish territory. Maimonides thus regarded anyone who observed these laws as one "assured of a portion in the world to come."
  5. ^ a b c Vana, Liliane (May 2013). Trigano, Shmuel (ed.). "Les lois noaẖides: Une mini-Torah pré-sinaïtique pour l'humanité et pour Israël" [The Noahid Laws: A Pre-Sinaitic Mini-Torah for Humanity and for Israel]. Pardés: Études et culture juives (in French). 52 (2). Paris: Éditions in Press: 211–236. doi:10.3917/parde.052.0211. eISSN 2271-1880. ISBN 978-2-84835-260-2. ISSN 0295-5652 – via Cairn.info.
  6. ^ a b c Singer, Isidore; Greenstone, Julius H. (1906). "Noachian Laws". Jewish Encyclopedia. Kopelman Foundation. Archived from the original on 5 February 2012. Retrieved 7 November 2020.
  7. ^ a b c Berlin, Meyer; Zevin, Shlomo Yosef, eds. (1992) [1969]. "BEN NOAH". Encyclopedia Talmudica: A Digest of Halachic Literature and Jewish Law from the Tannaitic Period to the Present Time, Alphabetically Arranged. Vol. IV. Jerusalem: Yad Harav Herzog (Emet). pp. 360–380. ISBN 0873067142 – via Google Books.
  8. ^ a b c Spitzer, Jeffrey (2018). "The Noahide Laws". My Jewish Learning. Retrieved 7 November 2020.
  9. ^ [4][5][6][7][8]
  10. ^ Bava Metzia 32b
  11. ^ Elliot N. Dorff; Jonathan K. Crane, eds. (2013). The Oxford Handbook of Jewish Ethics and Morality. Oxford Handbooks (First ed.). Oxford University Press. p. 428. ISBN 978-0-19-973606-5. Retrieved 2018-09-26. ...tza'ar--literally "suffering" and understood to mean suffering that does not advance some legitimate human good...
  12. ^ Rabbi Yonatan Neril and Evonne Marzouk of Canfei Nesharim, Compassion Toward Animals and Tza'ar Ba'alei Chaim prepared as part of the Jewcology project
  13. ^ "Deconstructing Kosher Slaughter Part 2: The Basics".
  14. ^ אשכולי, יצחק נחמן (2002). צער בעלי חיים בהלכה ובאגדה. אופקים. p. 79.
  15. ^ Maimonides, Guide for the Perplexed, III:48
  16. ^ Grandin and Rogenstein (1994). "Religious slaughter and animal welfare: a discussion for meat scientists". www.grandin.com. Reactions to the throat cut.
  17. ^ Adams & Sheridan (2008). "specifying the risks to animal welfare associated with livestock slaughter without induced insensibility". Prepared as a Contribution from the Animal Welfare Branch, Product Integrity Animal and Plant Health Division, Australian Government Department of Agriculture, Fisheries and Forestry for the Animal Welfare Working Group of the Animal Health Committee, Primary Industries Standing Committee of Australia: vii - 3. historical aspects.
  18. ^ "Religious slaughter and animal welfare:a discussion for meat scientists". www.grandin.com. Retrieved 2017-06-16.
  19. ^ Rawlinson, Kevin (2014-03-05). "Top vet calls for reform of kosher and halal slaughter practices". The Guardian. ISSN 0261-3077. Retrieved 2017-06-16.
  20. ^ "Shackling and Hoisting" (PDF). Archived from the original (PDF) on 2007-06-30.
  21. ^ Even ha-Ezer 5:14
  22. ^ "You lost?".
  23. ^ Novak, David (1992) [1989]. "The Doctrine of the Noahide Laws". Jewish-Christian Dialogue: A Jewish Justification. Oxford and New York: Oxford University Press. pp. 26–41. doi:10.1093/acprof:oso/9780195072730.003.0002. ISBN 9780195072730 – via Google Books.
  24. ^ Compare Genesis 9:4–6.
  25. ^ [4][5][23][6][7][8][24]
  26. ^ [4][5][6][7][8]
  27. ^ Sanhedrin 59a
  28. ^ "Veganism and Kashrut". Asa Keisar. 2018-01-02. Retrieved 2019-12-19.
  29. ^ "טבעונות כהלכתו: החרדי שטוען שלא חייבים בשר ודגים בארוחת שבת". xnet (in Hebrew). Retrieved 2019-12-19.
  30. ^ "You shall be holy people to Me". www.bmv.org.il. Retrieved 2019-12-19.
  31. ^ "An Interview of Rabbi Simchah Roth". Jewish Vegetarian Society. 2013-08-24. Retrieved 2019-12-19.
  32. ^ Claussen, Geoffrey (2019). Labendz, Jacob; Yanklowitz, Shmuly (eds.). "Musar and Jewish Veganism". Jewish Veganism and Vegetarianism: Studies and New Directions. Albany: SUNY Press: 210–211.
  33. ^ Schwartz, Richard H. (2001). Judaism and Vegetarianism. New York: Lantern Books. pp. 15–39.
  34. ^ See Talmud, Tractate Gittin, Page 62A
  35. ^ Deuteronomy 25:4
  36. ^ Wald, Stephen (2007). "Kilayim". In Skolnik, Fred (ed.). Encyclopedia Judaica (2nd ed.). Detroit, MI.: Macmillan Reference. ISBN 978-002-865-928-2.
  37. ^ Israelstam, I. (1948). "Kil'ayim". In Epstein, I. (ed.). The Talmud. Vol. Zeraim vol. II. London: The Soncino Press. pp. 87–88. ISBN 9789562913447.
  38. ^ "Bullfighting and Visiting a Zoo". 28 June 2018. Retrieved 2022-10-05.
  39. ^ Exodus Rabbah 2
  40. ^ a b Labendz, Jacob Ari; Yanklowitz, Shmuly (2019-03-25). Jewish Veganism and Vegetarianism: Studies and New Directions. SUNY Press. ISBN 9781438473611.
  41. ^ Talmud, Baba Metzia 85a
  42. ^ "The Shamayim V'Aretz Institute | מכון שמים וארץ". The Shamayim V'Aretz Institute | מכון שמים וארץ. Retrieved 2017-06-16.
  43. ^ "Unknown" (PDF).[permanent dead link‍]
  44. ^ "Magen Tzedek, Ethical Kosher Seal, Stalled Amid Orthodox Opposition". 20 May 2013.
  45. ^ Claussen, Geoffrey. "'Kosher' Should Not Be Synonymous With Factory Farming". blogs.timesofisrael.com. Retrieved 2023-09-01.
  46. ^ "Mission - Jewish Initiative for Animals". Jewish Initiative for Animals. Retrieved 2017-06-15.
  47. ^ "The Return of Heritage Kosher Chicken". Jewish Initiative for Animals. 2016-11-15. Retrieved 2017-06-16.
  48. ^ "BuyingPoultry.com - Products that match your values". BuyingPoultry.com. Retrieved 2017-06-16.
  49. ^ "But is it kosher?". New Food Economy. 2017-06-08. Retrieved 2017-06-16.
  50. ^ "Raising a New Generation of Jewish Animal Advocates". Jewish Initiative for Animals. 2016-12-02. Retrieved 2017-06-16.
  51. ^ "Mercy for Animals". Jewish Veg. Retrieved 2020-12-29.
  52. ^ Labendz, Jacob Ari; Yanklowitz, Shmuly (2019-03-25). Jewish Veganism and Vegetarianism: Studies and New Directions. SUNY Press. p. 320. ISBN 978-1-4384-7361-1.
  53. ^ "Animal Welfare". Hazon. Retrieved 2020-12-29.
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