Kotzair 13 - Using Animals 2 (Klal 12 Siman 9-10) Hilchos Shabbos - S0359

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Kotzair 13 - Using Animals 2 (Klal 12 Siman 9-10) Hilchos Shabbos - S0359

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We have finished siman 9, and will discuss a few more points. We learned that animals are assur to use, out of a concern that one will perform kotzair to obtain a stick to prod the animal. Regarding use of an animal, the act of placing something on an animal--even without leaning on it--is considered using the animal and is assur. The same applies to taking something off of the animal. Similarly, when it comes to trees, one cannot retrieve something which is currently hanging on the tree, and certainly cannot place something on the tree.
Regarding the animal, if leaving the item on the animal will be a cause for tzaar baalei chaim, one can remove it by loosening it so that it will fall off. If one is concerned the item will break, one can place something on the ground underneath, but cannot remove it directly.

It is muttar to lean on a tree, provided that the tree is not moving as a result of the person. When it comes to an animal, it is assumed the animal will move if leaned on, so it is assur to lean on an animal

Regarding pets, we learned yesterday that they are muktzah like any other animal. To clarify, something which has a purposeful use on Shabbos is not muktzah, but the fact that one owns a pet which they enjoy is not called a “purposeful use” (hishtamshus) on Shabbos. Thus, even if one accepts the argument of the Maharach Ohr Zaruah, it applies to the fish tank because it fulfills a purposeful use by adorning the house. A pet is not an “adornment” or “toy” but rather its own living being, so it is not considered a kli in regards to Shabbos.

There is a halacha that if one wishes to use an animal’s hair to clean their hands (for example, to rub one’s hands on a horse tail to clean them), they may do so. It is understood along the lines of what we mentioned yesterday, that moving the hair of an animal alone is not considered moving the body of the animal. Thus, the animal remains muktzah and it is muttar to touch the hair, as we learned. If the person pushes hard or rubs hard against the animal, it would fall under the issur of muktzah.

Siman 10 discusses the issue of removing honey from honeycombs while they are in the hive. Since it is not so relevant to us, we will skip it. Be’ezras Hashem, we will begin the next Klal in the upcoming shiur.

Summary
It is assur to place something or remove something from an animal or tree. If there is a concern of tzaar baalei chaim, one can loosen the item off of the animal so it will fall, and place something on the ground to keep it safe from the fall.
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. Either way, it is hard to accept his thought process beyond his case (a fish tank) to apply it to pets.