Halakhah su Salmi 145:9

Whether denial of rights to animals is, or is not, barbaric is a value judgment regarding which reasonable men may differ. Whether or not Judaism actually denies such rights to animals is a factual matter which is readily discernible. The Bible abounds in passages which reflect concern for animal welfare. Concern for the welfare of animals is clearly regarded as the trait of a righteous person: "A righteous man regardeth the life of his beast; but the tender mercies of the wicked are cruel" (Proverbs 12:10). Divine concern for the welfare of animals is reflected in numerous passages: "And His tender mercies are over all His works" (Psalms 145:9); "The eyes of all wait for Thee, and Thou givest them their food in due season. Thou openest Thy hand and satisfiest every living thing with favor" (Psalms 145:15-16); "He giveth to the beast his food, and to the young ravens which cry" (Psalms 147:9); "Who provides for the raven his prey, when his young ones cry unto God and wander for lack of food?" (Job 38:41); "… and should not I have pity on Nineveh, that great city, wherein are more than six score thousand persons … and also much cattle?" (Jonah 4:11); and "Man and beast thou preservest, O Lord" (Psalms 36:7). De minimis, these verses serve to establish the theological proposition that divine mercy extends, not only to man, but to members of the animal kingdom as well.

It further follows that, as a religion in which imitatio Dei serves as a governing moral principle,²The obligation of imitatio Dei is derived from the verse “and thou shalt walk in His ways” (Deuteronomy 28:9). See Rambam, Hilkhot De‘ot 1:5-6. Judaism must perforce view compassion towards animals as a moral imperative. It is told variously of one or another of the leading exponents of the Musar movement that he kept a cat as a pet and insisted upon feeding the cat personally. That individual is reported to have remarked to his disciples that his motivation was simply to emulate divine conduct. Since God extends "His tender mercies over all His works" (Psalms 145:9), man should eagerly seek opportunities to do likewise. The story is perhaps apocryphal in nature but remarkable nonetheless because of its wide currency in rabbinic circles.³See also narratives concerning R. Eliyahu Lapian recounted by Aaron Soraski. Marbiẓei Torah u-Musar (Brooklyn, 5737), IV, 165, and concerning Ḥazon Ish by R. Shlomoh Cohen, Pe’er ha-Dor (Bnei Brak, 5726), I, 175. It is told of the hasidic master, R. Zusya of Anapole, that, saddened by the sight of caged birds, he would purchase them from their owner in order to set them free. He informed his disciples that he regarded this to be a form of “ransoming prisoners” which constitutes a moral imperative.

Other scholars advance less obvious sources as constituting the scriptural basis for obligations concerning za'ar ba'alei ḥayyim. R. Moses ibn Habib, Yom Teru'ah, Rosh ha-Shanah 27a, finds a source for such obligations in the verse "… and thou shalt bring forth to them water out of the rock; so thou shalt give the congregation and their cattle drink" (Numbers 20:8). Water was miraculously produced from the rock for the benefit of animals as well as of humans. Water was produced for the animals, states R. Moses ibn Habib, in order to obviate za'ar ba'alei ḥayyim. In the opinion of this authority, Scripture specifically records that the miracle was performed on behalf of animals as an admonition to man directing him likewise to alleviate the suffering of brute creatures. R. Moses Sofer, Hagahot Hatam Sofer, Baba Mezi'a 32b, similarly regards obligations with regard to animal welfare as predicated upon emulation of divine conduct. Thus Hatam Sofer cites the verse "And His tender mercies are over all His works" (Psalms 145:9) as imposing an obligation upon man to exercise compassion toward animals. Earlier, Sefer Haredim, chapter 4, expressed the opinion that compassion toward animals is mandated by the commandment "and you shall walk in His ways" (Deuteronomy 28:9). Rambam, Hilkhot De'ot 1:6, apparently basing himself upon Sifre, Deuteronomy 11:22, renders the verse as meaning, "just as He is merciful so also shall you be merciful."

A calf, when it was being to taken to slaughter, went and hung its head under Rabbi [Judah]'s cloak and cried. He said to it. "Go, for this wast thou created." [In heaven] they said, "Since he has no mercy, let suffering come upon him." … One day Rabbi [Judah]'s maidservant was sweeping the house; some young weasels were lying there and she was sweeping them away. Rabbi [Judah] said to her, "Let them be; it is written 'And His tender mercies are over all His works' (Psalms 145:9)." [In heaven] they said. "Since he is compassionate, let us be compassionate to him."