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A become impure for his relatives (21:1). The Gemara into the abdomen.12 The reproductive tract, both ovaries,
explains that the words VeAmarta Aleihem, which and the uterus are completely removed through this
appeared at first to be redundant, actually teach a vital incision.13 Then the incision is closed with two layers of
H lesson: Emor VeAmarta--Lehazhir Gedolim
HaKetanim, [the purpose of both words] Emor and
Al stitches under the skin that will dissolve and be absorbed by
the animals body over time.14 The skin is then closed with
VeAmarta is for adults to warn their children about either skin glue, skin staples, or stitches. 15
the dangers of Tumah. The children of Kohanim must Male dogs have an incision made in the skin at the base
P be ingrained from a young age by their parents with the
ideas that their purity is incredibly important and that
of the penis nearest to the scrotum.16 Both testicles are
removed through this incision.17 The incision is closed with
A
they must be incredibly careful around transmitters of stitches under the skin that will dissolve and be absorbed by
impurity. the body over time.18 The skin is closed with skin glue, skin
Parashat Emor teaches us the obligation of parents staples, or stitches.19 Male cats have an incision made in the
R to edcuate their children. Elazar and Itamar, having
been anointed with oil, just as their father was, followed
skin of the scrotum, and the testicles are removed. 20 The
incision is not sealed, but closes on its own with time.21
A the laws of Tumah that normally applied only to the
Kohein Gadol. Even though the laws of Tumah for
In addition, there is a newer, non-invasive and non-
surgical process of sterilizing male dogs referred to as
R
Id.
there was an overpopulation of dogs and cats in New 10
Id.
York, the public policy of New York State became that 11
http://www.mspca.org/programs/spay-neuter/ask-a-vet-spay-
every feasible humane means of reducing the neuter-faq.html
production of unwanted puppies and kittens [shall] be 12
Id.
encouraged.4 As such, any shelter, pound, or a few 13
Id.
other similar organizations5 that release animals must 14
Id.
ensure that the dog or cat is spayed/neutered. 6 15
Id.
In other places, such as Dallas, Texas and Los 16
Id.
Angeles, California, there are spay/neuter ordinances 17
Id.
18
Id.
19
Id.
20
Id.
3 21
For an overview, see Id.
22
https://www.avma.org/Advocacy/StateAndLocal/Pages/sr-spay- http://suffolkveterinarygroup.com/well-pet-care--reduced-cost-
neuter-laws.aspx /well-pet-zeuterin-neuter/about-zeuterin-neuter.html
4 23
N.Y. Agric. & Mkts. Law 377-a(1) Id.
5 24
Humane society, dog or cat protective association, or duly Id.
25
incorporated society for the prevention of cruelty to animals. Id.
6 26
See Fn 2 at 2. Id.
after the injection.27 This procedure is 99.6% effective in although he notes that there are those that say that this is
causing sterilization.28
B. For a Jew
The Torah prohibits the sacrificial use of animals whose
"testicles are bruised, crushed, torn or cut29," and further
prohibits one from castrating any animal30. This prohibition
The Talmud states46 that if a Jewish person brings an
animal to a non-Jewish veterinarian to be sterilized, the
Rabbis penalize the violator and force him to sell his
applies to insects as well.31 The sages understood this verse
to prohibit sterilization of all male creatures, human and
animals alike.32
animal to someone else so that he does not benefit from his
sin. The Shulchan Aruch rules this way explicitly, 47 i.e.
that it is forbidden to have a non-Jew to castrate an animal
belonging to a Jew, and that if one does so, one must sell
A. Female Sterilization their animal.
The Torah verse forbidding sterilizing animals speaks
specifically about male animals33. The Sifra34 comments that
this prohibition does not apply to female animals. The
Rambam explains that while the sterilization of female
i. Possible Workaround
The Rama48 says that although it may be forbidden
to sell ones animal to a non-Jew if one knows the non-Jew
animals is permitted on a Biblical level, the act itself is
nevertheless prohibited on a Rabbinic level35. The Shulchan
Aruch rules in accordance with this view of the Rambam.36
will castrate the animal, there is a workaround in which
even those that forbid such a practice would allow an
animal to be castrated. This is if the non-Jew that
However, according to the Vilna Gaon, this prohibition
applies even to female animals on a Biblical level. 37
According to those that believe female sterilization is only
purchases the animal has another non-Jew castrate the
animal.49 The reason this is permitted is that there is no
prohibition of enabling someone help someone else sin.50
forbidden on a Rabbinic level, there can potentially be more
room for leniencies when it comes to spaying female
animals, as explained below.
The Chazon Ish51 was asked if one can sell their animal
to a non-Jew and instruct that non-Jew to have another
non-Jew castrate the animal. The Jew would then buy the
animal back from the non-Jew. The purpose of this
IV. Non-Jew procedure was to get around the penalty requiring one to
sell their animal if they have their animal castrated, 52 as
A. Non-Jew for himself/other non-Jew well as comply with the workaround of the Rama.53 The
The Talmud38 records a dispute regarding whether the Chazon Ish ruled that this practice is perfectly acceptable. 54
Torah forbids non-Jews to remove reproductive organs. The Rabbi Chaim Jachter55 notes that this ruling was given
Rosh, Rashba, and the Rambam all rule that a non-Jew is not regarding animals used for commercial purposes. He
commanded in the prohibition of castrating animals. 39 On points out that many contemporary halachic authorities56
the other hand, the Smag and the Hagahot Oshri rule that do not approve this method for household pets if done for
castration is included in the Noahide laws that non-Jews are convenience.57 On the other hand, Rav J. David Bleich is of
obliged to follow.40 The Beit Shmuel41 rules that because this the opinion that this practice would be perfectly acceptable
controversy has not been resolved, one must act in to be used for household pets as well, as there is no reason
accordance with the view that non-Jews are forbidden to to distinguish between commercial animals and household
remove reproductive organs. On the other hand, the Aruch pets.58
Hashulchan42 rules in accordance with the majority opinion, Given the lighter strictures regarding female species
that non-Jews are not commanded concerning this and claims of significant health benefits, Rav Shlomo
prohibition. Aviner allows a Jewish veterinarian to spay female pets,59
A difference between the two opinions is that if non- and Rav Shmuel Vosner60 does not protest having a non-
Jews are included in this command, then instructing a non- Jew perform the procedure for a female animal, although
Jew to remove reproductive organs would be a biblical
violation of do not put a stumbling block in front of the
blind43, which prohibits enabling and encouraging others to 45
Even Haezer 5:14
sin.44 The Rama rules that one can sell their animal to a non- 46
Fn 36
Jew even if the non-Jew will definitely castrate the animal, 47
Fn 43
48
Id.
49
Id.
50
Beit Shmuel Even HaEzer 5:19
27 51
Id. Choshen Mishpat 185
28 52
http://www.arksciences.com/faq.html See Fn 43
29 53
Leviticus 22:24 Id.
30 54
Id., with Rashis interpretation. Fn 49
31 55
Rabbeinu Gershom to Bava Basra 80a. Journal of Halacha & Contemporary Society - No. XXIII,
32
Shabbat 110b Spring, 1992, Pesach 5752
33
See Fn 27 (http://www.daat.ac.il/daat/english/halacha/jachter_1.htm)
34 56
Id. Id. Rav Reuven Feinstein and Rav Herschel Schachter)
35
Mishneh Torah, Hilchot Issurei Biah 16:11 See also Shu"t Bemareh Bazak 6:77.
36 57
Even Haezer 5:11 A discussion of spay/neuter done for medical purposes is
37
Even Haezer 5:25 beyond the scope of this paper.
38 58
Bava Metzia 90b Based on communication with the author 4/28/15. Rabbi
39
As cited in Beit Shmuel Even Hoezer 5:16 Bleich cautions, however, that it is very difficult to perform a
40
Id. halachically valid sale to a non-Jew, rendering such a practice
41
Id. ill-advised. This caution would seemingly carry over the
42
Even Haezer 5:26 Chazzon Ishs case as well.
43 59
Leviticus 19:14 She'elat Shlomo v.6
44 60
See Fn 36 Shevet Halevi 6:204
he suggests one should avoid doing so. Sephardic Chief spaying/neutering all cats and dogs. Therefore, unless a
Rabbi Shlomo Amar has reportedly contended that because halachically approved way of spay/neuter becomes
of public safety concerns from wild and ownerless animals, available, the general halachic view remains in opposition to
one may ask a non-Jewish veterinarian to spay and neuter the public policy on the issue of spay/neuter.70
pets of both genders.61 The common practice, however,
seems to forbid spaying and neutering animals.
V. Method of Castration
A. Spay/Neuter
The Shulchan Aruch says explicitly that removing
the reproductive organs of animals is completely forbidden,
for males on a Biblical level, and for females on a Rabbinic
level.62 As such, the classic methods of spay/neuter is
completely forbidden under Jewish law.
B. Zeutering
Another method of sterilization mentioned in the
Shulchan Aruch is by having the animal drink a substance
that causes it to become sterile.63 This method of sterilization
is only forbidden for males and is completely permitted for
females.64 Some hold that this form of sterilization for males
is forbidden on a Biblical level, while others maintain that it
is only Rabbinically forbidden.65
Zeutering seems directly analogous to drinking a
potion: In both cases the reproductive organs are not fully
removed, yet the animal is rendered sterile. There are two
possible differences, though, that may have significant
halachic ramifications. The first is that zeutered animals can
still reproduce for 30 days after injection. 66 As such, one can
argue that this is only gramma, which though forbidden in
many instances, provides room for leniencies in certain
situations.67 However, though not directly mentioned, one
can assume that whatever substance referred to in the
Shulchan Aruch would not cause instantaneous sterilization
it would presumably first need to be digested, which may
take some time. As such, the fact that it takes time before the
animal is rendered sterile after being zeutered likely would
not have a halachic impact.
The second difference is that zeutering is 99.6%
effective.68 Though statistically improbable not to work, this
possibility knocks zeutering down from an act of
sterilization to a psik reishei. Though sterilization using a psik
reishei is still completely forbidden,69 it likely would knock
down the prohibition from a Biblical to a Rabbinic level Editors-in-Chief: Tani Greengart, Shlomi Helfgot
according to those that are of the opinion drinking the Editors-in-Chief Emeritus: Hillel Koslowe, Yehuda
substance is Biblically forbidden.
Koslowe
Conclusion Publication Editors: Moshe Davis, Binyamin Jachter, Ned
Though advocated as public policy, it seems the
vast majority of halachic authorities do not approve of Krasnopolsky, Akiva Sturm
Publishing Manager: Eitan Leff, Avi Roth
61
Though reported on multiple websites, the author was Staff: Shmuel Bak, Zacky Berlin, Eli Englard, Nachum
not able to locate such a statement. See, e.g., Freedman, Gabe Greenberg, Meir Lightman, Shai
http://www.nrg.co.il/online/1/ART1/479/941.html. Editors
Rosalimsky, David Rothchild, Yehuda Saks
note: This reported ruling may apply only to Israel where there
are many stray cats. Rabbinic Advisor: Rabbi Chaim Jachter
62
Even HaEzer 5:11 Questions, comments? Contact us at:
63
Even HaEzer 12. Kol Torah
64
Id. c/o Torah Academy of Bergen County
65
Otzar Haposkim I, commenting on Id. Those that hold the 1600 Queen Anne Road
action is Biblically forbidden include the Bait Yehuda in the name of Teaneck, NJ 07666
the Ramach and the Rambam, as interpreted by the Nesivot and Torat Phone: (201) 837-7696
Chaim. The Meiri and the Yad Aharon both contend it is only koltorah@koltorah.org
forbidden on a Rabbinic level.
66
Fn 25 To subscribe to Kol Torah via email, message webmaster@koltorah.org
67
A discussion of gramma is beyond the scope of this paper. This publication contains Torah matter and should be treated accordingly.
68 70
Fn 26 Editors note: pet owners are encouraged to ask their Rabbanim if it
69
Beit Shmuel 5:13 is permitted to ask a non-Jew to zeuter their male pet.