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| Re: Who you CAN have sex with; Who you CAN'T have sex with; Who you MUST have sex with (959872) | |||
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Re: Who you CAN have sex with; Who you CAN'T have sex with; Who you MUST have sex with |
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Posted by Dave on Tue Jul 17 11:25:52 2012, in response to Re: Who you CAN have sex with; Who you CAN'T have sex with; Who you MUST have sex with, posted by RIPTA42HopeTunnel on Tue Jul 17 10:17:35 2012. Has anyone bothered looking at an authoritative source?Halachic Perspectives on Pets Rabbi Howard Jachter Member, Yeshiva University Kollel Lehoraah (Yadin-Yadin); Associate Rabbi, Congregation Beth Judah, Brooklyn, N.Y. Journal of Halacha & Contemporary Society - No. XXIII, Spring, 1992, Pesach 5752 III. Removal of Reproductive Organs Halacha forbids removal of reproductive organs from humans or animal, whether male or female (though debate exists regarding whether removal from females constitutes a biblical or rabbinic prohibition). The Talmud (Sanhedrin 56b) records a dispute whether the Torah forbids non-Jews to remove reproductive organs (even from animals not owned by a Jew), and Rishonim differ regarding which opinion is accepted as normative. Beit Shmuel (Even Haezer 5:16) rules that this controversy has not been resolved and when rendering halachic decisions a rabbinic decisor must consider the position that non-Jews are forbidden to remove reproductive organs. On the other hand, Aruch Hashulchan (Even Haezer 5:26) rules in accordance with what he perceives as the majority opinion, that non-Jews are not commanded concerning this prohibition. A difference between the two opinions is whether we are forbidden on a biblical or rabbinic level to instruct a non-Jew to remove the reproductive organs of an animal (see Shulchan Aruch, Even Haezer 5:14 and comments of Chelkat Mechokeik and Beit Shmuel thereupon). If non-Jews are included in this command, then instructing a non-Jew to remove reproductive organs would be a biblical violation of "do not put a stumbling block in front of the blind' (Leviticus 19:14) which prohibits enabling and encouraging others to sin.32 On the other hand, if non-Jews are not included in this commandment, then the prohibition involved in instructing a non-Jew to remove reproductive organs is the general rabbinic prohibition which forbids a Jew to instruct a non-Jew to perform an act forbidden by the Torah on behalf of a Jew. A practical difference between these two opinions is whether one may instruct a non-Jewish veterinarian to remove an animal's reproductive organs in order to alleviate the animal's suffering due to sickness. Whereas one may not violate a biblical prohibition to alleviate an animal's suffering, it would appear that one may violate the rabbinic prohibition to ask a non-Jew to do what a Jew may not do in order to alleviate suffering. Since Beit Shmuel, considered to be one of the most authoritative commentaries on the Even Haezer section of Shulchan Aruch, rules that one must consider the opinion which asserts that non-Jews are forbidden to remove reproductive organs, one should not ask a non-Jew to remove an animal's reproductive organs even to alleviate suffering. Nevertheless, there are a number of possible solutions to this problem. Some of the most prominent halachic authorities of the nineteenth century record (with varying degrees of approval) a common practice among observant Jews who owned animals for commercial purposes. This involved selling an animal to a non-Jew and instructing this non-Jew to ask another non-Jew to spay the animal. The purpose of this procedure is to create a situation of "aiding an aider" (lifnei delifnei iver) - encouraging one person to encourage another to violate a Torah law - which is not a violation of "do not put a stumbling block in front of the blind." It also creates a situation of "amira leamira leakum" - instructing a non-Jew to instruct another non-Jew to perform an act a Jew may not do - which many authorities believe to be permissible. In addition, by transferring title of the animal to a non-Jew, one avoids the rabbinic penalty which requires one who has had his animal's reproductive organs removed to sell the creature. Although many contemporary halachic authorities believe it inappropriate to utilize this procedure with household pets for purposes of convenience (e.g. to eliminate unwanted litters or to prevent the animal from trying to leave the house), it is quite possible that one may do so if it is necessary to alleviate an animal's suffering due to sickness. Aruch Hashulchan would very likely agree with this conclusion since he rules that non-Jews are not forbidden to remove reproductive organs. Beit Shmuel might also agree since in using this procedure one may avoid violating "do not put a stumbling block in front of the blind." In addition, there is greater room for leniency when a female pet is involved since many authorities believe neutering a female to be a rabbinic prohibition, and a minority opinion (Taz, Even Haezer 5:6) believes that one is permitted to neuter a female animal if the procedure is performed for the creature's benefit. A different solution to this problem has been offered by Rabbi I. Y. Unterman (Otzar Haposkim I, pp. 164-165). He describes a procedure of neutering which he believes constitutes only a rabbinic prohibition since it does not involve direct removal of reproductive organs. Instead, the blood supply to the testicles is eliminated, the testicles begin to shrivel, and the animal is rendered sterile. Rabbi Unterman asserts that one who performs this procedure violates the prohibition indirectly (grama) which is permitted on a Torah level and forbidden by the rabbis. The authorities who rule that non-Jews are forbidden to neuter animals concede that non-Jews are forbidden only to perform biblically forbidden acts of neutering. Non-Jews are not required to follow rabbinic legislation since, unlike Jews, they are not obligated to adhere to rabbinic rulings. According to this approach, one does not violate the prohibition of enabling another to sin if one instructs a non-Jew to perform this procedure. In addition, Rabbi Unterman writes that the prohibition to instruct a non-Jew to perform an act forbidden to a Jew does not apply to rabbinic prohibitions (other than the rabbinic prohibitions associated with the observance of Shabbat). Therefore, he rules that one may instruct a non-Jew to neuter an animal in this indirect manner. However, Rabbi Unterman cautions against implementing his opinion until eminent halachic authorities concur with this ruling. Hence, competent halachic guidance must be sought regarding whether one may follow this ruling. The best solution to this problem seems to be the use of one of the many newly developed (though still experimental) alternatives to castration and ovariohysterectomy which do not involve removal (direct or indirect) of reproductive organs. There appears to be no halachic opposition to these methods since the animals are only rendered infertile. The prohibition of "sirus" appear to apply only to the removal of reproductive organs and not to causing the animal to become infertile. One must consult a competent halachic authority to ascertain the permissibility of any of these procedures. |
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