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DEUTERONOMY — 25:4 muzzle

DEUT1430 Biblical consideration for animals was the basis for the following laws: … An animal which works in an operation that exposes it to food which is eaten by animals must not be muzzled [this verse]. In such circumstances, the prevention of the animal from eating is an act of cruelty. Josephus (1st cent.) places this injunction on a moral plane of equity and fairness. "It is not just to restrain our fellow-laboring animals… of the fruit of their labor" (Antiq. 4:8). The required degree of animal care reached a noble dimension in rabbinic literature. It is forbidden to buy animals or fowl unless preparation of food for their sustenance has been made in advance. (Jer. Yevamot 15:3). Rav (3rd cent.) is the author of a rule which stipulates that owners must feed their animals first before sitting down to enjoy their own meals (Berachot 40a). It is important to bear in mind that Rav's rule applies exclusively to owners, since they bear a responsibility for the feeding of their cattle. No such preference is proper when one has to satisfy the needs of a hungry guest and his hungry animal. The interest of man must precede that of an animal. The major concern for the welfare of man has led the rabbis to discourage the raising of dogs. A dog which attacks or frightens strangers will inevitably deter the poor from entering a home for the purpose of soliciting charity or help (Shabbat 63a). For the same reason the rabbis urged that all dogs be kept on a leash (Baba Kama 79b).

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DEUTERONOMY — 25:4 muzzle

DEUT1431 Do not muzzle an animal during its labors. Key concept: To instill in ourselves noble character traits, such as kindness and sympathy. This mitzvah is meant to incline one's heart towards the good, so that we pursue it and never swerve from it. By accustoming ourselves to human treatment of beings that were created only to serve us, we will custom ourselves to benevolent behavior towards our fellows in every way possible. Such is fitting for the Chosen People.

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DEUTERONOMY — 25:4 muzzle

DEUT1432 Let us analyze this. The interdict against muzzling applies to all animals. If so, let it be written: "You shall not thresh with muzzling." Why does Scripture specify "an ox"? To liken the muzzler [i.e., a man] to the muzzled [i.e., an animal], and the muzzled to the muzzler, viz.: Just as the muzzler [a hired laborer] it Is permitted to eat of what is rooted in the ground, so the muzzled must be permitted to eat of what is rooted in the ground; and just as the muzzled eats of what is "torn" [from the ground, i.e., the "threshing"], so, the muzzler must be permitted to eat of what is "torn" [if that is what he is working with] (Bava Metzia 89a)

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DEUTERONOMY — 25:4 threshing

DEUT1437 [This verse] forbids the muzzling of an ox while it is working in the field. Jewish law understands this prohibition as applying to any working animal, not just an ox (Maimonides, Book of the Commandments, negative commandment 219). It is cruel to muzzle an animal and thereby preclude it from eating of the food it is working with, seeing, smelling, and perhaps hungering for.

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DEUTERONOMY — 25:4 threshing

DEUT1438 While there is no explicit Torah law forbidding the causing of unnecessary pain to animals, the large variety of regulations ordaining the fair treatment of animals led the majority view in the Talmud to conclude that the prohibition of tza'ar be'alei chayyim (prevention of cruelty to animals) [The term literally means "the suffering of living creatures."] is a Torah prohibition (Bava Metzia 32b, and Shabbat 128b). [The Rabbis understood the law to help unload a burdened animal (Exodus 23:5) as mandating a general concern for the suffering of animals. Meiri, in his commentary on Bava Metzia 32b, argues that a general prohibition against causing unnecessary suffering to animals can be deduced from the previously cited law prohibiting the muzzling of an ox while it is working in the field (this verse; see paragraph 4). Maimonides and Judah the Chasid site yet another basis; see footnote on page 307.] Thus, even when situations arise that are not covered by specific biblical legislation, the operative assumption is that causing unnecessary suffering to animals is prohibited. The word "unnecessary" underscores that not all behavior that causes animals to suffer is forbidden. For example, the Bible permits the slaughtering of animals for human consumption, although Jewish law regulates the slaughter in an effort to try to minimize--though it is, of course, impossible to eliminate--the suffering. Similarly, animal suffering is permitted if there is substantial human benefit to be attained (for example, if insights gained through medical experimentation on animals can lead to a cure for disease; see pages 336 – 338).

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