Kotzair 12 - Using Animals (Klal 12 Siman 9) Hilchos Shabbos - S0358

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Kotzair 12 - Using Animals (Klal 12 Siman 9) Hilchos Shabbos - S0358

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We are beginning siman 9, which discusses the issur of riding and using animals on Shabbos.

Chazal instituted that animals are muktzah. Obviously, if they are muktzah, one can not use them. However, the question is which came first, in that if one is allowed to ride an animal, it would not be muktzah, as it would have a utilitarian purpose and would be the equivalent of a utensil. Now that Chazal prohibited the use of animals, they are muktzah, but that does not explain why they instituted such a prohibition.

The Chayei Adam explains that the reason one cannot use an animal in any way on Shabbos is due to the issur of kotzair. Chazal were concerned that one would cut a branch off of a tree in order to prod the animal. Due to this concern of kotzair, Chazal prohibited using the animal. Once they enacted this issur, they also applied the concept of lo plug, that this issur applies across the board. Thus, even if a person is in a place where there are no trees, such as a desert, it is still assur to use the animal.
Apparently, Chazal understood that this concern was common enough that they felt the need to prohibit it. If it was not of significant concern, they would not have prohibited it, as we have a concept that milsa d’lo shechicha lo asru rabbanan, Chazal do not institute issurim on issues which are uncommon.

We have another concept that even when the reason for the takana is no longer relevant, it remains in place. Therefore, since Chazal instituted this issur against using an animal on Shabbos, it remains in place nowadays. It goes without saying that as animals do not have a useful purpose on Shabbos, they are muktzah.

We have learned that if one climbs a tree on Shabbos, Chazal instituted a fine to require him to remain in the tree for the duration of Shabbos (s354). This fine was not instituted by animals, due to the tzaar baalei chaim of the animal having a human on top of it unnecessarily until the end of Shabbos.

We will digress to discuss the concept of an animal being muktzah. Therefore,it is an issur to pick up or move an animal, and it applies to pets as well. However, some poskim permit petting an animal, since one is not moving it but only moving its hair. Most poskim do not differentiate. Either way, to push the animal in any way, and certainly to pick it up, would be assur.

The Ohr Zaruah, Rav Yitzchak from Vienna, was one of the baalei hatosafos. His son, Rav Chaim, wrote a sefer of teshuvos called Sefer Maharan Ohr Zaruah. Rav Chaim suggests that an aquarium functions for a human being, in that it serves as an adornment to the home. Since it has a function, it is considered a utensil and is no longer muktzah. Some poskim suggest that this thought process can be applied to contemporary pets as well. It is important to note that even if it can be applied, Rav Chaim’s suggestion about the fish tank is not mentioned in halacha, so it does not seem to be accepted.

Summary
Animals are muktzah on Shabbos, due to a gezeira derabanan out of concern that one will trangress kotzair to prod the animal.
Some poskim permit petting an animal, due to the consideration that one is just moving the animal’s hair, and not the animal itself.
Some suggest that pets may not be muktzah, based on a teshuva from Maharach Ohr Zarua, but he does not seem to be quoted by any of the major poskim.