Question:
What is the halacha pertaining to pets and taking them for a walk?
Answer:
Letting one’s animal rest and not do the 39 Melachot on Shabbos is a biblical commandment from the Pasuk לְמַעַן יָנוּחַ, שׁוֹרְךָ וַחֲמֹרֶךָ. The prohibition is called Shevitat Behemto.
One shouldn’t take an animal out on Shabbos beyond the eruv with anything that doesn’t benefit the animal.There is discussion if this applies to a tag.
Shulchan Aruch 305:17 extends this to a tag. Aruch Hashulchan 305:5 rules stringently even though nowadays a tag shows that the animal has an owner and should not be put to death because of the fear of rabies. Rav Shlomo Zalman Auerbach cited in Shemiras Shabbos Kehilchsa 27 footnote 33 disagrees since these tags are worn for the benefit of the dog.
Renting out one’s work animal (such as a horse, mule, or donkey) to a non-Jew for Shabbos is forbidden because the non-Jew may do work with it.It’s permissible to give to a goy one’s animal for Shabbos as long as one doesn’t collect a rental fee.
The dispute in the Rishonim is brought by the Bet Yosef 305:23:
(a) The Hagahot Mordechai (kedushin) writes that it’s permissible to give a small animal to a goy because it’s not usually used for work implying that a large animal would be forbidden because it may do work. The Darkei Moshe writes that the difference is that a large animal would do work which is Deorittah and a small animal would only be traveling more than techum which is Derabbanan (or even if you hold it is Deorittah it’s still not the same Deorittah because it doesn’t get Sekilah).
(b) The Kolbo (end of book) in name of Rav Hai Goan writes that one can’t give any animal to a goy because the goy might bring the animal past the techum.
(c) The Shibolei HaLeket quotes Rav Hai Goan who said that as long as you’re not renting it on Shabbos (which would clearly be forbidden as in S”A 246:3) and you don’t know that the goy is working it, it’s permitted. However if you see the goy doing work with it one should tell him not to work it.
(d) S”A 305:23 rules like the Shibolei HaLeket in name of Rav Hai Goan permitting giving animals to a goy on Shabbos.
(e) Even though it’s certainly forbidden to rent a animal to a non-Jew, concerning selling/giving one’s animal to a goy there’s a dispute in the Rishonim whether it’s permissible.
(f) The reason given by many Achronim (brought by Mishna Brurah 205:78) to differentiate is that the goy is fearful to work the animal if he is only borrowing or perhaps just watching the animal. Therefore since one doesn’t want the goy to work the animal and one doesn’t know about it, it’s permissible. However, renting an animal over Shabbos is forbidden because the goy is free to use the animal as he likes and so he will work it to get his money’s worth.
(g) The differentiation of the Gra 305:23 (see Beiur Halacha s.v. VeAf) is just like by Shevitat Avdo the slave is allowed to do work for himself as long as you don’t command him to do work. Therefore, renting one’s animal is forbidden because you’re getting benefit out of it. However, if one gives the animal to a goy, one doesn’t get any benefit if the animal does work and so it’s like it was doing work for itself and is permissible. Beiur Halacha explains that if one sees the goy doing work with it one should protest because it looks like one is getting benefit from it.
(h) One Nafka Minah is that of the Beiur Halacha, who explains that the language of S”A which is “if one sees the goy working the animal…” fits the explanation of the Gra precisely, however according to the other Achronim the language of one seeing the goy is inaccurate and the same would be true even if one didn’t see the goy but knew that such was true. |