Tzaar Baalei Chaim Achar ha-Shechitah
I received a correspondence that perhaps KAJ really initiated the removal of the trachea and it was done so routinely at the Rubashkin plant per specific instructions. (as we wrote in Business aspects of the Rubashkin shechita, there is an opinion that removal of the trachea speeds up bleeding and decreases chances of blood clots. This procedure relies on the inference that shechita=death.)
Tzaar Baalei Chaim does not apply after Shechita according to the opinions. Can people versed in halocha please comment?
Dovid writes:
PS: Despite his affirmation that TBC may take place after shechitah, the Daas Kedoshim permits it if there is a legitimate human need and the pain inflicted is not gratuitous. To understand this inyan properly one should read Rav Eshkoli's footnotes "inside" and look up his mekoros.
UPDATE: Please note that we have been contacted by people with vast knowledge on this subject. They very much dispute the conclusion in the statements (above). We are now attempting to formulate a coherent opinion. Please stay tuned.
Dovid writes:
I looked up this inyan in Rav Yitzchak Nachman Eshkoli's "Tzaar Baalei Chaim bi-Halakhah u-vi-Aggadah" (Ofakim, Israel 2002). He states that this is a machlokes, primarily between the Daas Kedoshim (22:1) who holds that there is TBC after shechitah -- and Maharsham in Daas Torah, Hil. Shechitah (22:9), who hold that after the two simanim are cut, the animal is halachically dead and there can be no TBC.
In Rav Eshkoli's sefer, see pp. 128-129, ff. 295-296, esp. os beis in ff. 296; and p. 352, ff. 813 (which is somewhat repetitive, but it helped me to read all three footnotes).
Bottom line: Halachically, Rav Chaim Kohn (KAJ) has what to rely on -- but there is good reason to be more machmir on TBC.
Besides, we see that one of the main mekoros in the Gemara, the ma'aseh of Rebbi and the calf, strongly suggests that the inyan of TBC is lifnim meshuras ha-din -- because Rebbi did nothing wrong, strictly speaking. He was punished for failing to show compassion toward the distressed animal; and his punishment was not rescinded until he took mercy upon a nest of weasels in his home -- lifnim meshuras ha-din.
PS: Despite his affirmation that TBC may take place after shechitah, the Daas Kedoshim permits it if there is a legitimate human need and the pain inflicted is not gratuitous. To understand this inyan properly one should read Rav Eshkoli's footnotes "inside" and look up his mekoros.
UPDATE: Please note that we have been contacted by people with vast knowledge on this subject. They very much dispute the conclusion in the statements (above). We are now attempting to formulate a coherent opinion. Please stay tuned.
<< Home