How do we reconcile the status of a chatas mesa which ostensibly appears quite cruel with the injunction against tzaar baaleh chayim?

Respectfully yours,

Joseph Neustein, M.D., El Paso, Texas USA

Animals exist for the service of mankind and are for food or sacrifice or for other positive function. This includes the performance of Mitzvos and also reasonable experimentation for medical purposes for the benefit of mankind (Rema, Even ha'Ezer 5:14).

Thus, the goat to Azazel of the Avodah on Yom Kipur (Vayikra 1610) was necessary for the sake of Hash-m's commandment, however cruel it might seem to us. Another good example is in the Shulchan Orech, Yoreh Deah 24:8, Rema and Shach (#8), quoting the Mordechai and others, and see also the Pri Megadim in Sifsei Da'as there, regarding plucking the wool or feathers from an animal that interfere with the Shechitah.

It should be noted also that the Noda b'Yehudah (Mahadura Tinyana, YD #10) holds that Tza'ar Ba'alei Chayim, the prohibition against cruelty to animals, has no application where the animal is being put to death. Others, though, disagree.

Hence, there is no problem with Chato'os ha'Meisos, as there is no alternative possibility with sound Halachic reasons as to what to do with the animal. (Since it is being left to starve for the sake of serving a Halachic purpose as mandated by G-d, it is not considered Tza'ar Ba'alei Chayim.)

However, where these considerations do not apply, one is certainly obligated to treat animals with kindness, as a number of sources in the Gemara and Halachah clearly indicate. Moreover, apart from all of the specific Mitzvos in the Torah (such as lifting the heavy burden off of an animal that has fallen down, the prohibition against muzzling an animal to prevent it from eating while working, letting one's animal rest from work on Shabbos, the prohibition against working two different types of animals together, the requirement to feed one's animals first before eating, and Tza'ar Ba'alei Chayim), there is the general overriding principle of emulating G-d's trait of "v'Rachamav Al Kol Ma'asav," Hash-m "is merciful upon all of His creations."

Joseph Pearlman

Shalom Rav Pearlman:

Thank you for your thorough and detailed response to my question regarding chatas mesa. I believe there have been occasions where strict interpretation of Halacha would lead to potential for chilul hashem due to lack of understanding on the part of the world and Jewish population. Has not the concept of "Et Laasot Lashem Heferu Toratecha" been applied in such instances as by Eliyahu on Har Carmel and King David with the execution of Saul's sons? When the Bet Hamikdash will be rebuilt (Bimhera beyamaynu) would the issue of chatas mesa not present such a problem and would "et laasot" offer a potential solution?

Thank your your patience and attention.

Sorry for delay in reply. Am very busy now & just received your email. When Moshiach comes everyone will see with clarity the truth of Torah (see Isaiah 11:9). Hence chatos hamesos or indeed the whole sacrificial system will present no problem to even the most rabid animal lover. The concept of et laasot is a big one with differing applications (and I am too pressed for time now). Your concern is really about "Eivah" (enmity from the other nations) and potential pikuach nefesh. See Gitin 56a, R. Zecharia ben Avkoulas etc. and overriding Shalom Malchus. However, after Moshiach we should not need to worry about this since we will be liberated from such constraining influences (military or philosophical). Maybe there will be no need for chatos altogether!

Kol Tuv,

JP

(Note: If the principle of "Es La'asos" was applied wherever the proper fulfillment of the Halachah would be misunderstood, then all Halachah could be discarded for that purpose. Indeed, this was part of the foundation of the reformist movements, who argued that observance of Halachah in the modern era was the cause of antisemitism, and therefore they advocated discarding Halachic practice altogether under the holy call of "Es La'asos." Rather, Hash-m has commanded us to observe His Mitzvos regardless of what people will think (as the Mishnah in Avos says, "Be as brazen as a leopard... to do the will of Hash-m"). "Es La'asos" is a principle that, as Rav Pearlman pointed out, has very specific applications, all of which have the purpose of furthering the fulfillment of Hash-m's will, rather than detracting from it. -Y. Shaw)