DEUT1118 In considering the implications of Torah legislation concerning animals, Jewish tradition concluded that Tza'ar ba'alei chayyim de-oraita -- the prevention of suffering by animals is a biblical law (Bava Metzia 32b, Shabbat 128b). As such, the Halakhah permitted certain forms of assistance to animals in distress on the Sabbath even though the measures involved were forbidden by rabbinic ordinance. The reason given was, of course, that biblical law supersedes rabbinical law (Activities such as the following, which are ordinarily forbidden on the Sabbath, are permitted for animals in order to relieve discomfort and pain: (1) using pillows and bedding to aid an animal that has fallen into a ditch; (2) certain materials ordinarily considered muktseh could be handled when being used as fodder for living creatures; (3) a non-Jew can be instructed to milk the cows on the Sabbath where not doing so would cause the animal pain; (4) an animal suffering from fresh wounds may be smeared with oils and salves. Orach Chayyim, Hilkhot Shabbat 324 and 332:2). The rabbis pointed in particular to the following laws in the Pentateuch: [Exodus 23:5 and this verse]. Not only is it forbidden to directly inflict pain upon an animal but if you come upon an animal in distress due to its owner's greed or stupidity, even if the owner be your enemy, you are more morally obliged by the Torah to come forward and become involved in bringing relief to the beast.
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