To Eat or Not to Eat: Animals, Kashrut and Ethics

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1 I. Introduction: Envisioning the Ideal Genesis 1: And God blessed them; and God said unto them: Be fruitful, and multiply, and replenish the earth, and subdue it; and have dominion over the fish of the sea, and over the fowl of the air, and over every living thing that creepeth upon the earth. 29 And God said: Behold, I have given you every herb yielding seed, which is upon the face of all the earth, and every tree, in which is the fruit of a tree yielding seed to you it shall be for food; 30 and to every beast of the earth, and to every fowl of the air, and to every thing that creepeth upon the earth, wherein there is a living soul, [I have given] every green herb for food. And it was so. Genesis 9:1-6 1 And God blessed Noah and his sons, and said unto them: Be fruitful and multiply, and replenish the earth. 2 And the fear of you and the dread of you shall be upon every beast of the earth, and upon every fowl of the air, and upon all wherewith the ground teemeth, and upon all the fishes of the sea: Into your hand are they delivered. 3 Every moving thing that liveth shall be for food for you; as the green herb have I given you all. 4 Only flesh with the life thereof, which is the blood thereof, shall ye not eat. 5 And surely your blood of your lives will I require; at the hand of every beast will I require it; and at the hand of man, even at the hand of every man s brother, will I require the life of man. 6 Whoso sheddeth man s blood, by man shall his blood be shed; for in the image of God made He man. Talmud Bavli Sanhedrin 59b R. Yehuda said in the name of Rav: Adam was not permitted to eat meat, as it is written [the vegetation] will be for you to eat, and for the beasts of the land (Genesis 1:29) but not the beasts of the land for you [to eat]. In the times of Noah God permitted everything as it says I have made all for you like the vegetational plants They posed a contradiction: [God said to Adam] Rule over the fish of the sea (Genesis 1:28) doesn t this mean for eating? No for work And over the birds of the sky isn t this for eating? No for work They posed a contradiction: R. Yehuda b. Tema says: Adam would recline in Gan Eiden, and the angels would roast meat for him and filter wine for him. The snake peered at him and saw his glory and became jealous. That was meat that came down from heaven. To Eat or Not to Eat: Winter Learning Seminar

2 II. Meat in the Real World A. Prohibited/Permitted items Exodus 22:30 Deuteronomy 14:21 Leviticus 11:2-3 Leviticus 11:41-42 Leviticus 3:17 Leviticus 11:43-47 Leviticus 20:23-27 Sifra Aharei Mot Parashah 9 Halakhah 10 Perform my mishpatim this refers to things that even had they not been written in the Torah, it would have been logical to write them, like laws pertaining to theft, sexual immorality, idolatry, blasphemy and murder [whereas the hukkim] are those which the id [yeitzer hara] and the nations of the world try to undermine, like the eating of pig and the wearing of wool-linen mixtures and release from levirate marriage and the purification of the metzora and the goat sent off into the wilderness The Torah says: I have legislated these and you may not make arguments against them. Sifra Kedoshim Parashah 10 Perek 11 Halakhah 22 R. Elazar b. Azaryah says: How do we know that a person should not say, I cannot bear to wear a woollinen mixture, I cannot bear to eat swine flesh, I cannot bear to be intimate with this forbidden partner, but rather should say, I would love to! But what can I do? My heavenly parent has decreed this upon me? Scripture says: I have separated you from the nations to be mine. Thus, one separates from a transgression and accepts divine sovereignty. Vayikra Rabbah 13 R. Tanhum b. Hanilai said: [The biblical food laws] may be compared with the case of a physician who went to visit two sick persons, one who [he judged] would live, and another who would [certainly] die. To the one who [he judged] would live, he said: This you may eat, that you may not eat. But as for the one who was to die, he said: Give him whatever he asks. Thus of the heathen who are not destined for the life of the world to come, it is written, Every moving thing that liveth shall be food for you; as the green herb have I given you all (Genesis 9:3). But to Israel, who are destined for the life of the world to come, [He said], These are the living things which ye may eat, etc. (9:2). Bereshit Rabbah 44 Rav said: The mitzvot were given only to refine humans. For what difference does it make to the Holy One Blessed Be He whether an animal is slaughtered from front or the back of the the neck? Therefore, [we see that] the mitzvot were given only to refine humans. Vayikra Rabbah 13 R. Berekhyah in the name of R. Yitzhak: The Holy and Blessed One will make a great banquet for the faithful in the future, and all who did not eat forbidden meats in this world will merit to eat from them in the next 2

3 Vayikra Rabbah 22 God frees the bound That which I forbade to you, I permitted to you. I forbade the suet of domesticated animals and I permitted suet of wild animals. I forbade the sciatic nerve [even] of wild animals but permitted it in birds. I required slaughter [even] of birds, but dispensed with it for fish I forbade swine flesh but permitted the tongue of a fish. I forbade suet but permitted other fat I forbade meat and milk, but permitted the udder. B. Prohibited/Permitted Contexts 1. Sacrifice v. Personal Craving Deuteronomy 12:11-14, It shall be that the place which the Lord your God has chosen to rest His name there, there you shall bring all I have commanded you your burnt offerings and sacrifices, your tithes and priestly offerings, and all of your choice vows that you vow to the Lord. 12 And you shall rejoice before the Lord your God, you, and your sons, and your daughters, and your men-servants, and your maid-servants, and the Levite that is within your gates, forasmuch as he hath no portion nor inheritance with you. 13 Take heed not to offer your burnt-offerings in every place that you see; 14 but in the place which the Lord shall choose in one of your tribes, there you shall offer your burnt-offerings, and there you shall do all that I command you 20 When the Lord your God shall enlarge your border, as He has promised you, and you shall say: I will eat flesh, because your soul desires to eat flesh; you may eat flesh, after all the desire of your soul. 21 If the place which the Lord your God shall choose to put His name there be too far from you, then you shall kill of your herd and of your flock, which the Lord hath given you, as I have commanded you, and you shalt eat within your gates, after all the desire of your soul. 22 Howbeit as the gazelle and as the hart is eaten, so you shall eat thereof Only be steadfast in not eating the blood; for the blood is the life; and you shall not eat the life with the flesh. Sifrei Devarim 75 R. Elazar b. Azaryah says: The Torah is teaching proper behavior that a person should only eat meat out of a craving. Can one take [meat] from the market and eat it? The Torah teaches, You shall slaughter from your cows and sheep. A person may only eat meat if he has cows and sheep. Tosefta Arakhin 4:26-27 (tr. Aryeh Bernstein) 26. R. Elazar ben Azaryah says: See, it says, When the Lord your God expands your borders What if the meat is rotting in the pot: Is he going to desire it?! When it says, and you say, I will eat meat, it means only out of an appetite. Could it be that one buys from the market and eats? It teaches us, saying, When you slaughter from your cattle or from your sheep and eat. Could it be that one slaughters all of them and raise them up? It teaches us, saying, from your cattle, but not all of your cattle, from your sheep, but not all of your sheep. 27. And accordingly, R. Elazar ben Azaryah would say: One who has ten maneh should arrange to have 3

4 vegetables in the pot every day; twenty Maneh vegetables in the pot and stew; fifty Maneh a litra of meat from week from Friday to Friday; one-hundred Maneh a litra of meat every day. Even if there is not proof for the matter, there is a hint to the matter, as is said, On that day, each person should keep alive a heifer of the herd and two of the flock. And it will produce so much milk that he will eat curds (Isaiah 7:21-22) from one-hundred log of milk comes one log of curds. Kli Yakar, Devarim 12 (R. Shlomo Efraim of Lunshitz, 16 th c. Poland) This teaches that a person only yearns for cravings from a situation of great expansion Therefore it says When God will expand your borders. This will bring you to lose your embarrassment to the point that you say with a full mouth I shall eat meat. This is like casting off the yoke of heaven and questioning the institution of offerings. The reason for all of this is being far away from the place God chose, for anyone who is very close to the Sanctuary has utmost fear of heaven [Yet God says] I am permitting this to you and you may slaughter from your cattle not at all times but only periodically, when the urge overtakes you. That is why it says but like the gazelle or hart is eaten so shall you eat it if a person accustoms himself to eating animals found with him in the house then everyday he will have this craving and will become accustomed to eating it every day. But if he can only eat after hunting an animal in the wild, which involves great danger and toil, then the craving will quiet down because the consumption will not be worth the pain and toil Talmud Yerushalmi Nedarim 9:4 41b (~4 th c.) R. Dimi in the name of R. Yitzhak said: Is what the Torah forbade not enough such that you are seeking to make more things forbidden for yourself by taking on more restrictions? 2. Joy/Mourning Talmud Bavli Pesahim 19a R. Yehudah b. Beteirah says: When the Temple stood, there was only joy in meat, as it says, You shall slaughter sacrifices and eat there and rejoice before the Lord your God (Deuteronomy 27:7). Now that the Temple does not stand, there is only joy in wine, as it says, Wine brings joy to a person s heart (Psalm 104:15). Talmud Bavli Ta anit 26b When the month of Av begins, we limit joy on the eve of Tisha B Av a person should not eat two stews, nor eat meat nor drink wine. 3. Holidays and Shabbat Maimonides Laws of Holidays 6:17-18 On all holidays a person is obligated to be joyful, along with the entire household, as it says, You shall rejoice on your holiday. Even though this is referring to a sacrifice, it includes rejoicing in a way appropriate to everyone men should eat meat and drink wine, for there is only joy in meat and wine. And when he eats he must also feed the stranger, orphan and widow along with all other people who are destitute, but one who locks his door and only eats and drinks with his family it is not joy of a mitzvah but just joy of his own belly and it is a disgrace 4

5 Maimonides Laws of Shabbat 30:7-8, 10 What is the delight [of Shabbat]? It is what the Sages said that a person must prepare a very rich stew and spiced drink for Shabbat, all according to one s means. The more one spends on Shabbat and preparing many good foods, the more praiseworthy, but if one does not have the means, then even making a cooked vegetable or something like that in honor of Shabbat is considered Oneg Shabbat. One need not make things difficult and ask from others in order to have more food on Shabbat. The Sages said Make your Shabbat into a weekday rather than relying on others Eating meat and drinking wine on Shabbat is a delight for it, so long as one has the means. C. Treatment of Animals Leviticus 22:27-28 Deuteronomy 22:6-7 Talmud Bavli Bava Metzia 85a As for Rabbi [his afflictions] came as a result of an incident and they left as a result of an incident. For what incident did they come? There was a calf being brought to the slaughter. It went and hid its head in the skirts of Rabbi s clothes and cried. He said to it: Go, for this you were created. They said: Since he has no mercy, may afflictions come upon him. And [the afflictions] left as a result of an incident. One day Rabbi s maidservant was sweeping his house. [Seeing] some young weasels lying there, she swept them away. He said to her: Let them be! It is written, [God s] mercy is upon all His creations (Psalm 145:9). They said: Since he is compassionate let us be compassionate towards him. Ramban Deuteronomy 22:6 This mitzvah can be explained like not slaughtering an animal and its kid on the same day. The rationale for both of them is that we not have a cruel heart and be pitiless, or that the Torah does not permit destruction that uproots a species, even though that species is permitted to be slaughtered, behold one who kills a mother and kids on the same day or takes them when they had freedom to fly, it appears like cutting off that species. Maimonies wrote in the Guide (3:48) that the reasoning is to be careful not to slaughter the kid in the eyes of its mother because animals feel great pain in this, but it is more correct that it is so that we not be cruel Mitzvot have no effect on the exalted Holy One, but there is an effect for a person, to prevent harm or erroneous beliefs or negative behavior an example is slaughtering at the neck and not the nape [back of the neck], this shows that they are for us and not for the Holy One, for it does not make sense to say that slaughter fulfills some kind of purpose or honor for the Blessed Creator at the neck more so than the nape, or stabbing, but it is for us, to guide us on paths of compassion even at the time of slaughter God s mercy does not extend to a bird nor to an animal and its kind, for God s mercy does not extend to the animal soul to prevent us from using them for our needs if so it would be forbidden to slaughter! but the reason for the restraint is to teach us the attribute of compassion and that we not be cruel. For 5

6 cruelty spreads through a person s soul, as is known that butchers who shecht large cows and donkeys, they are men of blood, violent and very cruel. For this reason the sages said (Kiddushin 82a) the best of butchers are accomplices of Amalek. Behold, these mitzvot regarding animals and birds are not about being merciful towards them but are decrees for us to guide us and teach us good behaviors Terumat hadeshen (R. Yisrael Isserlin, 15th c., Regensberg) Question: Whether to pluck feathers from live geese, if it is like shearing sheep or if it is forbidden because of causing pain to animals? Also cutting a bird s tongue so it will speak, and a dog s ears and tail to make it pretty. It appears that these things are not forbidden due to causing pain to animals if it is done for one s needs, and to serve a purpose. For creatures were only created in order to serve people, as it says in Kiddushin 85a These proofs point slightly in the direction that there is no problem with these things, yet people are generally cautious and restrain themselves. Perhaps this is because they do not want to act cruelly towards animals, for they are afraid that they might get punished for this, as we find with Rabbi even though it was totally permitted to slaughter the calf for consumption, even so he was punished and received afflictions for this. I later found out that R. Yitzhak rules that there is not a prohibition of causing pain to animals unless a person is not getting any benefit [from the act] III. Factory Farm Animals Talmud Bavli Hullin 11a-12a How do we know we can rely on a majority?... R. Ashi said: From shekhitah, for the Torah says: Slaughter and eat. We might think to be concerned that there was a lesion in the place of slaughter [i.e. on the neck], but we don t need to be concerned about this because we can follow the majority [of animals that don t have lesions on the neck]. R. Ashi said: I said this to R. Kahana and he said: Maybe wherever it s possible to check you check, but where it isn t possible you don t have to. If you didn t say this, then for R. Meir, who is concerned about minority cases [and doesn t rely on majority], how could he ever eat meat? You can t just say that he didn t [eat meat], because of the Passover sacrifice and other sacrifices! So it must be that wherever you can check you check, but where it isn t possible, you don t have to. Rashi, ad loc It is a principle from Sinai that we rely on majority, even when it is possible to check and this is what we rely on when we don t check for the eighteen treifot. But we do check for lung lesions, since it is common for lungs to have a problem. Maimonides Laws of Forbidden Foods 4:12 An animal that is sick because it is weak and close to death, since it does not have a specific fatal injury it is permitted, since the Torah only forbade specific kinds of lesions like those that result from being torn up by a wild beast, which can be fatal. Even though it is permitted, great sages would not eat an animal that was hurried off to be slaughtered such that it wouldn t die This is not technically forbidden, but anyone who wants to be strict with himself regarding this matter it is praiseworthy. 6

7 IV. Modern Responsa R. Moshe Feinstein, Even ha Ezer vol. 4, #92 (Tr. R. Aaron Levy, Makom, Toronto) 2 Rosh Hodesh Tammuz, 5742 (1982). To my loved and beloved and dear son-in-law like my son, Rabbi Moshe Dovid Tendler On the topic of calves that are raised in a way that their meat takes on a white color. In this novel matter of the calves, not only is each calf raised alone in its own very narrow place, such that they don t have the space even to walk a few steps, and they are not fed any animal food that is appropriate for calves, and they never taste mother s milk, but they raise them on very fatty liquids from which animals don t benefit, the opposite of what is clear in Bekhorot 39a: It is certainly better to feed a sick animal while unfettered They are made sick from this and they need various medicines, and according to what the expert slaughterers say, only 15 out of 100 of them are kosher, and according to the lenient slaughterers it is about 44 or 45 kosher calves per 100, and all agree that the majority of them are treifot, the opposite of the presumption that animals are kosher. And it seems that this is just the treifot that the slaughterers see from checking the lungs, but it is possible that there are other treifot in the internal organs, that obviously also need to be checked, for it is reasonable to be very concerned for this. Therefore, it would be appropriate to forbid from doing this and pious people should not at all eat calves like these even if their internal organs have been checked. The checking of the internal organs is not only from the holes and abscesses that are made from holes, but even from the change in appearance of the internal organs and from the abscesses that are made by their weakness, and without checking the internal organs, one may not declare them kosher. And for those who do this, there is certainly a prohibition of causing pain to animals (tza ar ba alei hayyim). Even though it is permissible for human need, that is when there is need, like to slaughter them for food and to work them to plow and to haul loads and the like. But not just to cause them pain, for this is forbidden even if one would profit from it, for example if a non-jew wants to kill or maim an animal at which she s angry, it is certainly forbidden even to pay her for this evil deed. The profit that is permitted is for food, even for others and even for non-jews, but to kill or maim for the will of some sadist is forbidden even if one does it to make a profit, since one is paying someone for the cruelty that one says to do, since what accrues to one who profits from killing and maiming animals is forbidden, even if for profit for human needs, unless they are specifically for a thing that is the way of humans to do. And from this reason, it is forbidden for one who suffers greatly at the death of his father to hit an animal, from the prohibition of tza ar ba alei hayyim, and even not to burn and to destroy anything in honor of his father, even though it honors his father greatly, and his pain is great and the maiming of his animal and the wasting and burning of his vessels will abate his anger and his pain, as we find in Rashi on Shabbat 105b, that one who tears in anger is considered as one who constructs because it satisfies her desire because it abates her anger. However, it is forbidden when there is no human need that permits causing pain to animals, even when they are not actually injured or killed, and so it is not a human need to abate her desire and anger in burning and destroying objects and vessels, and this is just considered destruction that is not for necessary human benefit, medicine, or such, that people are permitted to do with their possessions. In any case, we see that a person is not permitted to do everything to animals that hurts them, even if it is to profit from this, unless it is something that really benefits people, like slaughtering animals for food and working them and such. And so it would be permissible to feed them things that are better to sweeten their meat or fatten their meat in a manner that people who will eat the meat will enjoy 7

8 more than if they were fed hay. But not something that is just to cheat and deceive the people who eat them, for also for people it is nothing but only to cheat them, for from this they will see that the color of the meat is white and not a little red, they will be deceived from this, that this meat is better for health and for enjoyment and will pay more for this. Even to improve the appearance of food, even when there is no purpose to this, in essence it is permissible within the law of fraudulent representation only when the truth is recognized that it only appears better. But when someone is deceived from this to say that this is high quality meat and better for enjoyment and health and such, it is forbidden by the law of fraudulent representation, as is explicit in Bava Metzia 60b, even when it won t raise the price, but is done in order to draw customers to one s store. For if so, it would be relevant to permit [veal] if people were informed that white meat is no better or of higher quality, only that it looks nicer, and people prefer to buy this meat because it looks nicer. However, it is forbidden to cause pain to an animal by feeding it things from which it doesn t benefit and that hurt it, and from which they get sick and suffer pains from the illness. For this benefit of being able to cheat people, it is forbidden to do so from the biblical prohibition of tza ar ba alei hayyim, and for this it is not permitted for people to cause pain to animals. Shevet halevy (R. Shmuel Wosner, 20 th c. Israel) I was asked regarding the feather that they do with old chickens, that they don t give them anything to eat for ten days, just water to drink, and they become very weak and many die from this, but many remain strong by living off their fat, and through this their down falls off and they grown new down and then they take care of them until they again start to lay eggs. The gain in this is that they don t have to wait five months for the small chicks to start to lay eggs, for this practice with old chickens gives them more time and money. He is deeply concerned about whether this is considered causing pain to animals, to starve them for ten days in order to make a financial profit. It seems to me that there are three principles in causing pain to animals : Lesser pain, severe pain, and cruelty. On what basis do I say this? For in the Talmudic debate about whether causing pain to animals is d oriata [of core status] or not, the Geonim and R. Alfasi rule like Rava, that it is d oraita Nevertheless even though causing severe pain is d oraita it is still permitted in service of human purposes And as to whether the permission for human purposes is specifically for something necessary or even for financial gain, I found in the responsa of the Binyan Tzion as follows: I saw that he wrote in explanation of what the Rema wrote, that anything is needed for medical purposes or other things is not an issue of causing pain to animals, that is if there is a medical need, even if for a non-fatal illness, and any similar case of need, but not for financial gain Yet I am astonished behold there is no doubt that it is completely permissible to load an animal with merchandise to travel from place to place, even just for financial gain, and in the old days they would go for weeks and months and did anyone ever imagine that this was prohibited if it wasn t for necessity and was just for financial gain? This is all with regard to causing severe pain, which is permitted for need as I have shown, but wanton cruelty, such as starving animals for a long time, I have found that earlier sages have cried out against butchers who starve animals for a day or two, saying that this starvation makes the meat more valuable they are violating causing pain to animals and how much more so in our case of starving for ten days, even if it is not a core prohibition since it is ultimately for financial benefit still he is acting like the Goyim who are cold-hearted, as the Rambam wrote the children of Abraham who have the gift of the Torah s goodness bestowed by the Holy One should be merciful to all and cruelty and brazenness is only found among pagans therefore I agree that they should refrain from this. 8

9 And as for debeaking fowl so that they do not peck and hurt each other, it is clear that one should be lenient in this matter 9