Good Morning! Here is Toraso 1.9, give by Menashe Brown! This is really a fascinating topic, full of tons of new facts and great points! I really think that everyone will enjoy this! It is amazing to see how complex every Halacha in the Torah can be - Menashe does a great job in getting us into it!
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Menashe, sorry for the delayed response. I can't believe I waited so long to do this shtickle as it was amazing. I really enjoyed it! Your presentation was awesome and the content was great as well. I have some questions though:
1) How do we know that the Rabanan and Reb Shimon don't also hold that tzar balei chaim is drabanan? They hold that there is a mitzah of prika and teina from the Torah and just that there is also a concept of tzar balei chaim that according to the Rabanan would make you have to do prika for free and Reb Shimon holds that you always have to do prika and teina for free? I just wasn't clea…
Shua,
Thank you for the correction. That is true, I was only going within the opinion of the Radvaz, however, like Shua said it would be a machlokes depending on how and where you learn out the issur.
If I may interject something here:
I believe that in regard to the matter if the mitzva is an asei or lo sasei (Abba's comment), there is no final answer other than it is a machlokes.
Menashe, please correct me on this.
According to :
Rashi in Shabbos it is learned from Azov and would be an asei.
Those her learn from Lo Sachsom it is a lav.
As Menashe said there is a Radvaz that says that it is neither but a biblical "issur). I wonder if that would fit well with the Rambam's mekor.
According to the Maharam Shik (not mentioned in chabura but in the comments) is would seem to be an asei.
Those who learn from…
Abba,
Thank you for your kind words, and for your participation in the discussion of my presentation.
(Abba)
> It remains unclear to me if the מצוה of צער בעלי חיים is an עשה or a לא תעשה .
(Menashe)
The issur of tzar baalei Chayim is actually not an asei or a lo saasei, but rather, it is in a separate category of just being an issur.
(Abba)
> When you refer to the דיוק of מכה רבה it seems to me that this could be the threshold that actually defines צער and does not allude to a quantitative statement of the "level" or amount of צער.
(Menashe)
This is a good point. I didn’t really think about it…
Noam,
Thank you for participating in the discussion of my presentation. This will help me with drilling into people’s teeth because I can just tell them that I’m doing it l’tzarich adam 😊.
(Noam)
what falls under category of paining an animal because there is seemingly accepted tradition by animals such as ‘whipping’ a horse to go faster. I'm assuming its ok because even the mishnah in shabbos mentions breaking off a switch from a tree (I know you mentioned this with the spurs, just want clarification)
(Menashe)
It could be that whipping the animal would not be considered tzar that falls under the category of tzar gadol making it ok to do to get the animal going. Also, getting…