Is Tzar Baalei Chayim Biblical or Rabbinic?

Q. Is tzar baalei chayim (the restriction against causing pain to animals) a Biblical or Rabbinic prohibition?

A. The position of most major Rishonim is that needlessly causing pain to animals is Biblically prohibited. This is the opinion of the Rif, Rosh and Rashba. Some maintain that according to the Rambam, tzar baalei chayim is Rabbinically prohibited. Shulchan Aruch (OC 305:19) and Rema (CM 272:9) both agree that tzar baalei chayim is a Torah prohibition.

What is the Biblical source for tzar baalei chayim? Most Rishonim infer this from the mitzvah of “prikah” (the requirement to help unload an animal in distress). However, the Meiri (Baba Metzia 32b) derives tzar baalei chayim from the prohibition of muzzling an animal while it works (Devarim 25:4), and the Hagos Chasam Sofer (Baba Metzia 36b) writes that it is based on the pasuk “ and His compassion is on all His creations” (Tehilim 145:9).

In general, there is no halachic difference if tzar baalei chayim is a Torah or Rabbinic prohibition, as either way, it is strictly prohibited. However, poskim point out one area where this issue is relevant. Shulchan Aruch Harav (305:29) writes, although it is prohibited to milk a cow on Shabbos, one may ask a non-Jew to do so. The justification is that if a cow is not milked for 24 hours, the animal will suffer much pain. Since the Shulchan Aruch rules that tzar baalei chayim is a Biblical prohibition, the Torah imperative overrides the Rabbinic injunction of amira lo’akum (the prohibition against asking a non-Jew to perform melacha on Shabbos).

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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.