By Rabbi Yair Hoffman for 5tjt.com It is known as the Muktzah Book versus the New Igros Moshe Debate.  The former was published by Rabbi Pinchos Bodner from Lakewood, and the New Igros Moshe of Rav Moshe Feinstein zt”l was published by editors after Rav Feinstein zt”l was niftar. But we jump ahead of ourselves. So let’s start at the beginning. Today, a great majority of American pet owners consider their pets not as mere animal companions. Rather, they are considered as full-fledged members of the family. Often the passing of a dog or cat can create much sorrow – equal and often beyond that of a relative. Among observant Jews, however, owning a pet is somewhat controversial. It is pretty much fully acceptable in the modern orthodox community, and almost non-existent in more right-wing religious circles and communities. Try to find a veterinarian in New Square or Kiryas Yoel and you will see what I mean. What follows is a discussion of the halachic debate – put preceded by a short overview of the history of pets as pets. A HISTORY In most of ancient history, animals were kept and raised mostly for utilitarian purposes. There were some exceptions, however, In Ancient Greece and Rome, and among the wealthy. In Ancient Greece and Rome there were dogs that were buried along with signs, tombstones if you will, written by their owners who grieved their loss. Pets as we know them to be, however, did not come around until Victorian era England. Sara Amato in her, “Beastly Possession: Animals in the Victorian Consumer Culture” writes that it grew in 17th century and 18th century England, but only fully took hold in 19th century England, and from there it spread to the rest of the world. A HALACHIC PERSPECTIVE From a halachic perspective, it seems pretty clear from numerous Gemorahs throughout the tractate that animals were looked at as Muktzah on Shabbos. The Gemorah in Shabbos 45b, the Mishna in Shabbos 128a, and the discussion between Abaye and Rava in Shabbos 154b, all indicate that pets were clearly “not a thing.” Baalei Chaim were considered Muktzah. And yet, if we look at Tosfos on Shabbos 45b, we find a very interesting question. The Gemorah explains that one may not move the chicken pen under discussion on Shabbos because it contains a dead chick. Tosfos asks: If, in fact, animals are Muktzah – why does the Gemorah explain that it is because of a dead chick? It would also be Muktzah on account of a live chick! The first opinion cited (which is rejected by the Baalei Tosfos) is that of HaRav R’ Yoseph who explains that a live chick would not be Muktzah because a child can play with it. The Tosfos ultimately answer that the pen would not be Muktzah because if there were live chicks there, it would be possible to shoo them away and the pen underneath would not be considered Muktzah. OTHERS THAT HOLD A CHICK IS NOT MUKTZAH The Mordechai (page 57 in the new four volume edition) cites the view of Rav Shimshon that when the Gemorah says that chicks are Muktzah it means a chick born that day – but the Mordechai himself rejects that view. The Ritvah as well cites the view of […]

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