"If you see the donkey of someone who hates you lying under its load, you shall not permit yourself to leave it to him; instead, you shall let all else go and hasten to his aid." (Exodus 23:5)
Dear Friend,
The above mitzvah enables us to help both a human being and an animal. It requires us to overcome our negative feelings towards a person who hates us by helping him to remove the heavy burden from his suffering animal. It is a topic for a different discussion, but this kind deed can actually help to eliminate the enmity between the two individuals.
Rabbi Samson Raphael Hirsch, in his commentary on the above verse, explains that the mitzvah to remove the burden from the suffering animal is an indication that avoiding "tzaar baalei chayim" – needless suffering to living creatures - is a Torah obligation; thus, this act of kindness towards the animal is part of the "Halacha" - the steps on the Torah path. Rabbi Hirsch writes:
"The Halacha regards the unloading of the animal as a duty not only to one's fellow human being in trouble, but also to the suffering animal, for tzaar baalei chayim is a Torah prohibition."
In fact, Rashi, in his commentary on the Talmud (Shabbos 128b), refers to the mitzvah to unload the animal as a primary source for the Torah's prohibition of tzaar baalei chayim.
Rabbi Hirsch discusses this Torah prohibition in his classical work on the mitzvos known as "Horeb" (Chapter 60), and he writes:
"There are probably no creatures that require more the protective Divine word against the presumption of the human being than the animals, which like the human being, have sensations and instincts, but whose body and powers are nevertheless subservient to the human being. In relationship to them the human being so easily forgets that injured animal muscle twitches just like human muscle, that the maltreated nerves of an animal sicken like human nerves, that the animal being is just as sensitive to cuts, blows and beating as the human being. Thus the human being becomes the torturer of the animal soul, which has been subjected to him only for the fulfillment of humane and wise purposes."
A mitzvah is a Divine mandate which also contains a Divine teaching. Rabbi Hirsch therefore discusses the following teaching of "Hashem" - the Compassionate One - which is contained in the above mitzvah:
"Behold! Here you are faced with Hashem's teaching, which obliges you not only to refrain from inflicting unnecessary pain on an animal, but to help and, when you can, lessen the pain whenever you see an animal suffering even through no fault of yours. As the Oral Law explains, to release an animal of its burden is not only a duty of love towards the distressed owner of the animal; it is above all a duty towards the suffering animal. Even without the owner, or where the latter has himself caused the collapse of the animal by overburdening, yes, even if he wants to sit down passively by the side of the fallen animal, you have an obligation towards the animal to release it of its burden (Choshen Mishpat 272).
As the above teachings indicate, the Torah's concern for tzaar baalei chaim requires that when we encounter a suffering animal, we should strive to alleviate its suffering. Rabbi Hirsch adds:
"It goes without saying, therefore, that you may hurt the animal and strain its powers only for sensible human purposes, and then only in the least painful manner. You may not burden the animal which serves you with excessive loads, you many not make it work constantly without rest, or deny it the fodder it needs."
In our next letter, with the help of Hashem, we will discuss a related mitzvah which reminds us not to deny an animal the food it needs.
Shalom,
Yosef Ben Shlomo Hakohen (See below)
Related Teachings:
1. The Talmud states that the mitzvah to unload the animal applies whether its owner is an Israelite or a Gentile. (Bava Metziah 32b)
2. Rabbi Hirsch stresses the importance of educating children about the prohibition of tzaar baalei chayim, and he writes:
"Above all, those to whom the care of young minds has been entrusted, see to it that they respect both the smallest and the largest animal as beings, which like the human being, have been summoned to the joy of life and have been granted sensitivity. And do not forget that the boy, who, in crude joy, finds delight in the convulsions of an injured beetle or the anxiety of a suffering animal will soon also be dumb towards human pain." (Horeb, chapter 60)
3. The purpose of this series is to give us a survery of Torah teachings, stories, and "halachos" - the requirements of the Torah path – regarding our relationship to other creatures. This series should not be used; however, as a source for final decisions in matters of halacha, especially since complicated situations can arise which involve conflicting Torah obligations. For such purposes, one should consult a qualified halachic authority.