Is there Tzar Balay Chaim for Fish?
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Pischei Teshuva YD 28:10 quotes noda bihudah that TBC only applies when keeping the animal alive. |
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In reference to scaling the fish while alive he answers NO.He brings a proof from a Pri Megadim in the name of the Chinuch that the reason that Schechting needs a knife with no blemishes is because of Tzar Balay Chaim and since fish do not require Shechting it must be that there is no Tzar Balay Chaim for fish. The Beis Yehudah(ביור''ד סימן י''ג)adds his own proof that everyone says you can cut a piece of fish when it is alive and no one says it is Tzar Balay Chaim therefore it must be there is no Tzar Balay Chaim for Fish. |
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There is someone on the other side of this argument I will not go in Depth but just a taste.It seems the SHU"T Mishanh Halachos(חלק ו' סימן רט''ו) says there is Tzar Balay Chaim for Fish. His proof is from the Gemara in Baba Kama which says two types of fish you can not Plow or use for your wagon with them and the Chinuch (Mitzvahתק''ז )says the reason for not putting to types of animals together to ride or plow is because of Tzar Balay Chaim it must be there is Tzar Balay Chaim by fish. Another proof could be That it says in the Gemara Beitzah that you do not give fish food on Yom Tov Rashi explains because they eat roots of the underwater plants and other things in the water and the Darchei Moshe (באור''ח סימן תצ''ז)says if the are in a bowl where there is no Plants or other things to eat it would seem you are responsible to feed them on Yom Tov. It must be because of Tzar Balay Chaim thefore again it would seem there is Tzar Balay Chaim by Fish. Choose your answer and vote it up and see who wins(; |
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