Animal mercy killing – May one kill a sick or injured creature in order to relieve it from its suffering?

Animal mercy killing – May one kill a sick or injured creature in order to relieve it from its suffering?

1. Background:[1]

The general prohibition of killing a creature: It is Biblically forbidden to actively cause pain to any[2] living creature[3] unless doing so serves some purpose to humanity, such as if to rid oneself of a nuisance pest[4], or to use its hide or eat its flesh.[5] It goes without saying that one may not kill a creature for no justifiable reason, due to the prohibition of Tzaar Baalei Chaim.[6] Despite the above cases of allowance, the Arizal[7] was careful never to kill any living creature, even if it was a mere insect and was a nuisance. This was likewise the custom of the Rebbe Rashab.[8]

The Halachic dilemma of mercy killing: The practice of mercy killing for animals presents a profound halachic dilemma rooted in the Biblical prohibition of Tzaar Baalei Chaim. On the one hand, due to Tzaar Baalei Chaim it is forbidden to kill living creatures without a purpose that serves humanity. On the other hand, killing a suffering creature relieves it if its pain, hence preventing Tzaar Baalei Chaim. Also, central to the dilemma is the challenge of assessing the extent of an animal’s pain and its prospects for survival. Unlike human beings, animals cannot verbally express their suffering, leaving owners and caretakers to rely on observations and veterinary advice. The uncertainty surrounding the nature and magnitude of an animal’s pain complicates the decision-making process.

The secular law: In the U.S., animal euthanasia generally must be performed by licensed veterinarians and must be humane, minimizing pain and distress. The decision often involves assessing the animal’s quality of life. Laws vary by state, but generally, it’s regulated to ensure ethical treatment. Euthanizing a pet just because it’s old or no longer wanted is usually not allowed by law or by veterinary ethical standards. Generally, euthanasia is considered only when the pet is suffering from a terminal illness or a significantly diminished quality of life. The determination process typically involves assessing the animal’s medical condition, quality of life, and any suffering. Vets consider factors like the pet’s ability to eat, move, breathe, and their pain levels. Pet owners are usually asked about the pet’s behavior, appetite, and any notable changes in their health or behavior.

1. The law:

In general, the Poskim[9] have defended the practice of mercy killing for animals in cases of illness and suffering, with some saying that it is even a Mitzvah to do so, although conditioning that it be done in a method that minimizes pain. This applies even if the animal does not pose a nuisance to the public, and the individual does not plan using the animal hide for any purpose. Certainly, it is permitted to do so if the sick or dying animal is causing a nuisance to the public.

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[1] Admur Hilchos Ovrei Derachim 4; See the article of Rav Chaim Rappaport in Koveitz Ohalaei Torah 993-994

[2] This would include all living creatures, even an insect.

Other opinions: Some Poskim rule the prohibition of Tzaar Baalei Chaim only applies to animals that perform productive work. [Sheilas Yaavetz 1:110]

[3] Admur ibid; O.C. 266:25; Rama C.M. 272:9; Bava Metzia 32b

[4] Admur ibid; Taz Y.D. 116:6; Ramban Avoda Zara 13b

The reason: As the Torah permitted to slaughter an animal, hence teaching that when there is benefit for man we do not pay attention to the pain of the animal. [ibid]

[5] Admur ibid; Rama E.H. 5:14; Issur Viheter 59:36

[6] Implication of Admur ibid; Shemiras Haguf Vehanefesh 8; Ran Chulin 5b; Shita Mekubetzes Bava Basra 20a

Background: Some Rishonim rule that killing creatures is forbidden due to Tzaar Baalei Chaim. [Ran Chulin 5b; Shita Mekubetzes Bava Basra 20a in name of Riy Migash] From the wording of Admur ibid “If the creature is a nuisance to a person then it is permitted even to kill it” it is implied that killing a creature is forbidden due to Tzaar Baalei Chaim, and so explicitly rules Admur in Shemiras Haguf Vehanefesh 8. 

Other opinions: Some Rishonim hold that killing a creature is forbidden due to Baal Tashchis and not due to Tzaar Baalei Chaim. [Tosafus Bava Kama 115b; Taz 116:6] Some Poskim rule that killing a creature is not forbidden neither due to Tzaar Baalei Chaim or due to Baal Tashchis. [Nodah Beyehuda Tinyana Y.D. 10] Vetzaruch Iyun Gadol on his omission of all the above Rishonim!

[7] Shaar Hamitzvos Noach Noach; Shaar Hagilgulim 38; Torah Leshma 397; See also Kav Hayashar 83 “One should not kill any creature for no reason, even if it can cause one pain, so long as it is not chasing after you”

[8] Reshimos 154:473

[9] Nishmas Avraham 2:28-2; 3:5-20; Asher Chanan 8:18; Beir Eliyahu O.C. 2:5; Dinim Vihanhagos 2:40 in name of Chazon Ish; Veshav Virapei 3:257 in name of Rav Shternbuch that it is a Mitzvah to do so