Question:
What is the halacha with regarding to moving an animal on Shabbos?
Answer:
With regarding to the following shaila of whether an animal or pet can be moved on Shabbos will depend on its status of being muktzah and what type or category of muktah it shall be.
Moving an animal is forbidden because of Muktzah as cited in The Shulchan Aruch O.C. 308:39, Shulchan Aruch Harav 308:78. The Gemora in Shabbos 128b states that animals are muktzeh.the Maggid Mishneh on the Rambam Hilchot Shabbos 25:25 says that since they have no use they are in the category of muktzeh machmat gufo. This is the explanation of the Beit Yosef OC 308 s.v. kofin, and Mishna Brurah 308:146. The Iggros Moshe OC 4:16 (see however 5:22:21 aswell ), R’ Shlomo Zalman Auerbach (Shmiras Shabbos K’hilchasa 27 – see footnote 96) concur. The Mishna Brurah 308:146 adds that this would be true even if not moving the animal would cause financial loss.
Some poskim permit moving a pet that can be used to quiet a child such as a domesticated pet.With regarding to the aspect of Touching a pet ,it is however permitted (as is the halacha with all other muktzeh items).
The Shemiras Shabbos Kehilchsa 27:27, the Orchot Shabbos 19:124 v. 2 p. 59,the Daat Torah 308:39, the Kaf Hachayim on Shulchan Aruch, Orach Chayim 308:235:1, Rav Moshe Feinstein (Tiltulei Shabbos p. 118), and Shulchan Aruch Harav 308:78 consider pets to be muktzeh. Tosafot Shabbos 45b s.v. hacha, Mordechai Shabbos 316 and Hagahot Ashri (on Rosh Shabbos 3:21) all cite those who are lenient for this, but themselves are stringent. The Rosh quoted in Maharach Or Zarua 82 is also stringent.
Rav Moshe Feinstein’s opinion although quoted in Tiltulei Shabbos p. 118 and the corresponding teshuva in Igrot Moshe 5:22:21 further reiterates this point. Nonetheless, in the emendations in the Tiltulei Shabbos, it appears that pets are not muktzeh. Some explain that the emendation was approved by Rav Moshe Feinstein
However,the Sh”t Halachot Ketanot 45 is lenient and the Sh”t Merosh Tzurim 38:6 quotes that Rav Mordechai Eliyahu zt’’l was lenient that one shouldn’t admonish those who are lenient , though proper conduct would be to be stringent. Rav Shlomo Zalman Auerbach in Shulchan Shlomo vol. 2, 308:74 is also lenient.
According to some poskim, if the animal is in a cage or tank, then the whole cage or tank becomes muktzeh as a base for the muktzeh animals themselves, Others disagree with this.(see the Shemiras Shabbos kihilchatah 18:footnote 62, 27:footnote 96 for further in to this discussion).
A blind person who uses a dog to help him walk my do so on Shabbos even with a leash because he doesn’t carry the dog. Others permit it since it is designated to be used and isn’t even muktzeh.
Someone who has a dog as a pet and needs to walk it daily, may do so on Shabbos, but he should make sure he does not lift the animal or dog. If one is going in a reshut harabim one must be careful that he doesn’t let the leash hang by more than a tefach from his hand, otherwise this will constitute a prohibition of carrying. One should avoid walking an animal beyond the eruv with anything that does not benefit the animal itself.There is a dispute if this applies to a tag.
The Shulchan Aruch 305:17, 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. |