28 Apr PARSHAS EMOR: KILLING BUGS AND TZA’AR BA’ALEI CHAIM

And one who kills
an animal must pay
for it, a life for a
life.
Vayikra 24:18

Introduction
There are many different reasons why
one might be interested in killing a bug.
Some do it for protection, such as those
who kill mosquitoes or bees. Some do so
to keep their family members from
getting scared or upset. Some people kill
bugs because it’s easier than taking the
time to remove them from one’s home,
while others seem to enjoy the activity.
Are any of these reasons problematic, or
is one permitted to kill a bug whenever
and for whatever reason he wants?
Tza’ar Ba’alei Chaim
The Gemara (Bava Metzia 32b) teaches
that tza’ar ba’alei chaim is an issur
d’oraysa. Simply understood, this means
that the Torah absolutely forbids causing
unnecessary harm to animals. The
Gemara cites no specific pasuk as a
source for this, and the Radvaz (1:542)
writes that it is not an asei or a lav, but
rather an “issur bilvad.”
Rav Asher Weiss (Minchas Asher,
Devarim 51) collects eleven sources
where tza’ar ba’alei chaim can be found
in the Torah:
1. Rashi (Shabbos 128b) writes that the
issur is learned from the mitzvah to
help someone whose animal is
struggling under a heavy load
(Shemos 23:5).
2. The Shitah Mikubetzes (Bava Metzia
32b) suggests that it is based on the
issur to muzzle one’s animal while it
is working the field (Devarim 25:4).
3. The Ritva (quoted in the Shita
Mikubetzes) holds it is a Halacha
LeMoshe MiSinai.
4. The Rambam (Moreh Nevuchim
3:17) and the Sefer Chasidim (766)
learn it from the story of Bila’am,
who was admonished for hitting his
donkey.
5. The Sefer Yom Teruah (Rosh
Hashanah 27) writes that we learn it
from Hashem telling Moshe that he
can bring forth water from the rock
for the people and their cattle. It is
clear from here that Hashem is
concerned with the suffering of
animals.

6. Rav Yaakov Emden (Shu”t Yaavetz
1:17) writes that it is based on the din
that one may not begin eating his
own meal before he feeds his animals
(Berachos 40a).
7. The Chasam Sofer (Bava Metzia
32b) bases it on the pasuk in Ashrei
that teaches “verachamav al kol
ma’asav,” “His mercy is upon all of
His creations” (Tehillim 145:9).
8. Tosfos (Megillah 25a, citing Rebbi
Eliezer HaKalir) points to the issur to
slaughter a mother animal and its
offspring on the same day (Vayikra
22:28).
9. The Torah forbids plowing with an
ox and a donkey at the same time
(Devarim 22:10). The Sefer
HaChinuch (550) points out that this
might be because one animal is faster
or stronger than the other and might
cause the other pain when they work
together.
10. The Rambam (Moreh Nevuchim
3:48) writes that the mitzvah of
shiluach hakein helps to instill mercy
and kindness into a person’s heart,
seemingly making it another source
for treating animals well.
11. The Sefer Chareidim writes that it is
learned from the mitzvah of
“vehalachta bederachav,” imitating
the ways of Hashem (Devarim 28:9).
Just as He is merciful over all of his
creations, we should similarly treat
His creations well.
Based on all of these sources, Rav Asher
Weiss suggests that no single source is
the reason that the Gemara considers
tza’ar ba’alei chaim to be d’oraysa.
Rather, all of them together indicate that
the “ratzon haTorah,” the underlying will
of the Torah, is that one should treat
animals well and avoid harming them
needlessly.
Limitations on the Issur
Rav Moshe Feinstein (Igros Moshe, CM
2:47) rules that there is no violation of
tza’ar ba’alei chaim when human benefit
is involved. He proves this from the fact
that it is permissible for a Jew to shecht
an animal for the sake of a non-Jew. Rav
Moshe assumes that human benefit
includes if a bug is merely scaring or
annoying someone.
Rav Moshe considers a number of other
sources in this context. The Gemara in
Pesachim (49b) teaches that an am

ha’aretz is not permitted to
eat meat, seemingly
indicating that he is not
permitted to shecht an
animal. Thus, it seems that
human need is not always
sufficient to permit harming
an animal. Rav Moshe notes,
however, that the Rif makes
no mention of this Gemara,
demonstrating that he viewed
it as aggadah, not halacha.
Even if one assumes it is
halacha, the reason an am
ha’aretz may not shecht is not due to
tza’ar ba’alei chaim, but rather the
complicated procedures for preparing
kosher meat, regarding which such a
person is not trusted.
The Ran (Bava Metzia 32b) points out
that if it is beneath the dignity of an
individual to help load or unload his
friend’s animal, he is not obligated to do
so. This seems to prove that human need
trumps the obligation of avoiding tza’ar
ba’alei chaim. Rav Moshe adds that even
according to the Ramban, who holds that
one must help load or unload the animal,
that is because one should not have such
an arrogant perspective of himself, not
because tza’ar ba’alei chaim is more
important than his dignity.
The Gemara (Bava Metzia 85a) describes
a scenario in which Rebbi did not allow
his maid to kill a weasel, indicating that
even if a person is bothered by the
presence of a rodent, he should not kill it.
Rav Moshe points out, however, that the
Gemara is clearly speaking about a
middas chassidus, not the basic letter of
the law.
The Seridei Eish (2:91) adds that if one
stands to lose money because of bugs or
animals, he is permitted to kill them. For
example, if one has a restaurant or another
business, and his customers will not
patronize him if they see bugs or other
animals on the premises, he is fully
permitted to kill them for the sake of his
ability to earn a living.
Hunting
The Noda B’Yehudah (Tinyana 10) was
asked whether a Jew is permitted to hunt
for sport. He suggests that hunting is not
a violation of bal tashchis or tza’ar ba’alei
chaim, but it is not an appropriate way for
a Jew to spend his time. He points to a
Gemara in Chullin (7b), which refers to
torture of an animal as tza’ar ba’alei
chaim, not killing. Thus, hunting is not

tza’ar ba’alei chaim, because one is not
causing pain to the animal by killing it.
The Seridei Eish cites many additional
sources to prove that the Noda
B’Yehudah’s ruling is correct.
Useless Animals or Insects
Rav Yaakov Emden (110) suggests that
tza’ar ba’alei chaim is forbidden only
with regard to animals that have some use
to a person. He notes that even pets such
as dogs and cats are considered useful,
since they provide companionship, but
roaches and rodents are not included in
the issur at all, since they provide no
benefit to the individual.
Rav Menashe Klein (Mishneh Halachos
4:39) rejects this chiddush, noting
Gemaros that discuss causing tza’ar to
geese (Bava Basra 13) and pain to a
rooster (Shabbos 110) as violating tza’ar
ba’alei chaim. These were not generally
animals that were used for work or as
pets. Similarly, the Gemara in Shabbos
(128) teaches that one is permitted on
Shabbos to flip over a basket so that a bird
can climb onto it, since the needs and
comfort of the bird are considered
important enough that the item will not
thereby become muktzeh. Thus, it seems
that tza’ar ba’alei chaim applies to all
living creatures, not just those used for
work or as pets.
Conclusion
It seems that if one has a bug on his
person or in his house, he is permitted to
kill it if it makes him uncomfortable or
annoyed. However, one should not kill it
just for fun, even though the Noda
B’Yehuda does not consider killing to be
tza’ar ba’alei chaim. Rav Moshe simply
notes that one should avoid killing bugs
with one’s bare hands, as this teaches a
person to be cruel. More importantly, the
Torah always offers a berachah to one
who performs a mitzvah that involves
killing, so that he is protected from
becoming desensitized to cruelty.