Spring 2021

The prohibition to gratuitously cause pain to an animal is known as tzaar baalei chayim. The Gemara presents a debate as to whether this is a Torah or a Rabbinic obligation.1 Most Rishonim pasken that it is forbidden mideoraissa,2 although some Rishonim pasken that it only prohibited midrabonon.3 The Nimukei Yosef suggests that the Torah forbids one to cause an animal significant pain, and the rabonnon extended this and forbade causing less substantial pain as well.4

There is some uncertainty as to the view of the Rambam. The Kesef Mishna states that the Rambam considers tzaar baalei chayim to be a Torah command,5 whereas the Ohr Sameach opines that the Rambam regards it to be a Rabbinic prohibition.6 The Netziv offers a unique resolution of the Rambam’s position. He suggests that the Rambam paskens that it is asur mideoraissa to cause pain to one’s own animals and asur midrabonon […]