Thursday, March 18, 2010

Spay Your Pets! (San. 33a)

cat picture

A few months ago a congregant asked me whether or not one is allowed by Jewish law to spay a cat. If we go strictly by legal precedent it seems the answer is no.

According to Rabbi Howard Jachter "Halacha forbids removal of reproductive organs from humans or animal, whether male or female" (Even Haezer 5:11). Therefore, we must ask the question, can a non-Jew (who doesn't care about Jewish law) do it for us. As it turns out there is a debate about this in Sanhedrin 56b. Different commentators throughout history have given their own opinions. Most agree that if it's to relieve pain in an animal then it's ok to ask a non-Jew, but to do it in order to control the number of pets in your house is not ok.

For this reason, many Rabbis have jumped through hoops to figure out how to permit the practice of spaying. Jachter explains that if we ask a non-Jew who in turn asks another non-Jew to do it for us then maybe we're removed ourselves enough from the request that it's ok.  Sound like a stretch to you too?
But in today's Daf it appears we have precedence. It turns out that in Mishnah Bechorot (28b) we have an example of removing a cow's reproductive organs for a very odd reason!
IT HAPPENED ONCE THAT A COW'S WOMB WAS TAKEN AWAY AND R. TARFON GAVE IT TO THE DOGS TO EAT. THE MATTER CAME BEFORE THE SAGES AT JABNEH AND THEY PERMITTED THE ANIMAL [FOR] THEODOS THE PHYSICIAN HAD SAID: NO COW NOR SOW LEAVES ALEXANDRIA OF EGYPT BEFORE ITS WOMB IS CUT OUT IN ORDER THAT IT MAY NOT BREED (Soncino Translation)
According to Rashi the reason why we cut out the womb is because Alexandria had a monopoly on on the good breads of cows and sows. In order to preserve this monopoly they made sure that all their animals were sterile upon leaving the city.

It seems to me that this "economic" reason has just as much (or little) standing as simply wanting to limit an animal's reproduction, maybe even less when one considers the cats roaming around Jerusalem in need of a home.

A simple search in the CCAR archive shows that they have indeed tackled this important issue. However, some of their resolutions are paltry at best. Perhaps the best responsa is a related one about caring for pets, however they do not speak about spaying or neutering.

Maybe it's high time we revisit this issue and add a few more strong halachic arguments (or aggadic precidents) in favor of the practice.

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