Tzar Ba'aley Chayim Source Sheet

Sefer Tzar Ba’aley Chaim - pg. 47

First we must say that there is no clear source for the mitzvah of TB”H in the torah, mishna, or gemora. Therefore the rishonim disagreed on the matter and brought several different sources for the prohibition of TB”H and these are them:

1. We learn this from the mitzvah of prika

2. We learn this from the prohibition of muzzling

3. We learn this from the claim against Bilam

4. We learn this from the miracle which provided water for “the flocks and in the cities”

5. We learn this from the pasuk “and his mercy is on all his creations”

6. The ritva explains that this is halcha le’moshe mi’sinai

Sefer Tzar Ba’aley Chaim - pg. 47

TB”H is permitted for the needs of man, such as medical needs, for work, and for honor. Although, there are those that say that TB”H is not permitted for monetary benefit, for pleasure, or mere amusement.

Tzar Ba’aley Chaim 329

Until here we have seen that TB”H is allowed for the need of man (such as for eating, plowing, and transport of goods) but if this is allowed for financial gain is something the poskim disagree upon... However the majority of poskim assert that TB”H is allowed for financial gain.

Sefer Tzar Ba'aley Chayim 413

Fattening of livestock is not a new thing. We find this in a number of places, such as in Masachet Beitza regarding the fattening of birds, and in Masechet Avoda Zara regarding the fattening of calves, and in the songs on shabbat "and all day we prepare fattened fowl". Despite all of these things we have judged in this manner that it depends on the way the fattening is done, and if it is done against the animal's will and in the amount of food it is fattened with..... (description of force feeding of Geese/Ducks follows)

Despite this, when we look at the words of the poskim we see that this thing cannot simply be disallowed. And for this we must return to the words of the Ramah that wrote. "Any [action] needed for healing or other reasons, there is no prohibition of "causing pain to animals" (Issur V'Heter Extended 59). And therefore it is permitted to pluck the feathers of wild geese, and there is no potential problem of "causing pain to animals" (Mahar"i 105)." And according to this there is room to allow the fattening of the geese, since this is for the use of man for eating and for financial gain....(further discussion of modern ways of force feeding which may be more humane)

And therefor it is hard to say that there is no suffering for the (forcefed) geese in our days. Regardless, even if they do suffer behold it is allowed for the needs of man anytime there is not a totally cruel action involved, and we have allowed for this for those in Israel that have permitted this....

Sefer Tzar Ba'aley Chayim 415

Indeed in practice it is fitting not to be lenient with this even though the thing is allowed according to the law. That behold in the end of his words the Rama said "despite this the world does not do this because of ahzariut".