From the Rav’s Desk: Abortions by animals-Terminating the pregnancy of a pet

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Abortions by animals-Terminating the pregnancy of a pet

Question:

My pet dog became pregnant unbeknownst to us. [We did not spay it due to the prohibition against castrating a living creature, and simply hoped that it would not mate and get pregnant.] My question is whether we can abort and terminate this unwanted pregnancy. It would be most challenging and expensive for us to care for the litter of puppies, and it would be illegal for me to abandon them once they’re born, and it’s also not so simple to get him into an animal shelter not to mention that they will charge us a fee per puppy.

Answer:

It is permitted for you to terminate the pregnancy of your dog.

Explanation:

We do not find any explicit prohibition against aborting the fetus of an animal, and it is not relevant to the abortion prohibition relevant to human fetuses. It is likewise not relevant to the prohibition against castrating a creature, which only applies when one damages the actual reproductive organs, and not the fetus itself.

However, killing an animal fetus would be no different than any other matter of damage and pain that one causes to an animal, which is a possible biblical prohibition of Tzaar Baalei Chaim. Hence, it may only be done for a purpose, which would include for the sake of not being a nuisance or financial burden to you. Accordingly, just like you may poison an animal that is a nuisance to you, so too you may terminate a pregnancy of a pet, if the birth will be of a nuisance to you.

Sources: See regarding the prohibition of castrating any living creature: Michaber E.H. 5:11; Rambam Issurei Biyah 16:10-11; Chinuch Mitzvah 291; Shabbos 110b; Vayikra 22:24: “Ubeartzechem Lo Sasu.” See regarding the prohibition of Tzaar Baalei Chaim: Admur Hilchos Ovrei Derachim 4; Taz Y.D. 116:6; Ramban Avoda Zara 13b; Article of Rav Chaim Rappaport in Koveitz Ohalaei Torah 993-994

About The Author

Rabbi Yaakov Goldstein is a 6th generation descendent of the famous Chief Rabbi of Izhmir, Rav Yehoshua Avraham Krispin, who authored a number of Sefarim, and was a colleague of Rav Chaim Falagi, and father in-law of the Pesach Hadvir. He currently lives with his wife Shayna, and twelve children K”H, in Tzfas, Israel. Rabbi Goldstein received Semicha from Rabbi Schneur Zalman Labkowski of the Tomchei Temimim headquarters in 2005 and served as a chaplain in the Lotar/Kalatz and K9 unit of the IDF from years 2005-2008. He is also a certified Shochet, and has performed Hashgacha work in slaughterhouses. Rabbi Goldstein is the director of Shulchanaruchharav.com, the world’s leading web-based Halacha database, and is the director of the Home Study Semicha Program, a self-study web-based Semicha program. He is a prolific author of over 50 Sefarim studied by a wide range of readers throughout the world, which is used regularly in Semicha programs around the globe. He is a world renowned Posek, answering questions to a web-based market, and serves as a local Posek, Rav, and Lecturer, in the Tzemach Tzedek community Shul in Tzefas, Israel. His many classes can be heard both from his website, Vimeo and YouTube channel. Students can join live to classes given in the Tzemach Tzedek Shul, through the “בית חבד צפת Chabad Tsfat” YouTube channel.

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