The Gemera in Bava Metzia 32a-33a has the famous dispute about if צער בעלי חיים is a Biblical or Rabbinic prohibition, and both sides brings proofs one way and the other. My question is, we don't find among those proofs the prohibition of muzzling (Devarim 25:4) (which both the Shitah Mekubetzet and Raavad say is the source for צער בעלי חיים, and yet the question on them is why didn't the Gemera bring that as a proof), or the story of Bilam and the donkey (which I saw in Rav Chaim kanievsky on Chumash brings as a proof (but again, the Gemera should have brought the proof) and maybe the last proof from the prohibition of taking the chicks while the mother bird is still there (Shiluch Haken- Devarim 22:6-7). So why doesn't the Gemera bring three of these proofs?


1 Answer 1


I'd have to learn this B'Iyun but it would appear to me that the Gemara is specifically sourcing as close to dealing with loading and unloading and Tzar Balei Chayim.

The Gemara is not looking for proof what is right/wrong; rather, is it a Torah command or Rabbinic which will only alter if the person owes money for your helping for example and when.

The verses you cited might not help establish whether all cases of Tzaar are Rabbinic/Torah.

Finally, my personal quick read lead me to realize the Gemara may have wanted to prove that R' Yose HaGlili does not agree, and indeed holds it is Rabbinic. In fact the Pnei Yehoshua seems to argue that the general idea of Tzar Balei Chaim being D'Oraisa is pushed off by the Gemara and may be why the Rambam Paskens it is D'Rabanan - (at least in regard to unloading? I'd have to look properly). See Pnei Yehoshua (I will admit that it was hard to read, but that is what I made out).

  • its a good answer but I'm not satisfied Mar 22, 2023 at 11:58
  • Torah has no limit - I hope you eat more :).
    – msj121
    Mar 22, 2023 at 22:50
  • that is very true, thanks :) Mar 22, 2023 at 23:08
  • No problem, maybe if someone is learning this chelek they can be more help or try to remember around when the daf yomi comes around.
    – msj121
    Mar 22, 2023 at 23:32

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