Halachot and Customs
Is There a Prohibition of Causing Suffering to Animals in Fish?
Halachic Guidance on Fish, Ben Pekuah, and Causing Suffering to Animals
Question
Greetings,
I wanted to ask whether it is permitted, for example, to roast a fish [or a grasshopper, for one who eats them] without killing it first [and likewise to be careful to kill it before cutting it]. Recently I heard that people are not particular about this and that it is not considered a limb from a living animal or causing suffering to animals. For example, there is what is written about one of the Tannaim that he would eat a live "ben pekuah," and it was said that in such a case the issue of corrupting one’s character traits does not apply.
Thank you very much
Answer
Greetings,
A. There is no prohibition of a limb from a living animal with fish (Tosefta Terumot, chapter 9, halacha 6, and Rambam, Laws of Slaughter, chapter 1, halacha 3), and this ruling is accepted by all without dispute.
However, it is not agreed that there is no prohibition of causing suffering to animals with fish, for although the view of the Rema in Yoreh Deah (section 13, paragraph 1) is that it is permitted to cut off a limb from a fish and eat it, it is forbidden to eat them alive because of disgust. His view indicates that there is no prohibition of causing suffering to animals with fish.
However, some say that the entire permission to cut off a limb from a fish applies only for the purpose of healing (Hagahot Mordechai, Chullin, siman 843), meaning that the healing is to cut the limb while it is still alive and eat it, and therefore there is no issue of causing suffering to animals, because anything done for medical purposes is not included in the prohibition of causing suffering to animals (Rema, Even HaEzer, section 5, paragraph 14); however, when not for medical purposes, it is forbidden because of causing suffering to animals.
And so ruled many poskim, that there is also a prohibition of causing suffering to animals with fish -
1. In Sheilat Yaavetz, part 1 (siman 17), it was ruled that just as a person may not eat before giving food to his animal because of causing suffering to animals, so too he may not eat before giving food to the fish in his possession. The same was ruled in Shevet Halevi, part 6 (siman 216).
2. In Yabia Omer, part 5 (Orach Chaim, siman 26), it was ruled that although on Shabbat it is forbidden to move an aquarium containing fish because of muktzeh, nevertheless, if the sun is shining on them and there is suffering to animals, it is permitted to move them from the sun to the shade.
3. In Shevet Halevi, part 12 (siman 432), it was ruled that it is forbidden to catch fish merely for amusement, to entertain oneself and take pleasure during leisure time, and then throw them back into the sea - because of the prohibition of causing suffering to animals.
Accordingly, it seems that there is no general permission to roast live fish unless there is some need for it, since anything done for a person's need is not included in the prohibition of causing suffering to animals (Rema, Even HaEzer there).
B. Regarding a ben pekuah - it is true that the Taz (Yoreh Deah, siman 13, subsection 3) wrote that there is no prohibition of a limb from a living animal with a ben pekuah. However, Rabbi Eliahu Klatskin, may his memory be for a blessing, already wrote in She'elat Yashar (siman 34, letter 15) that this applies only in a post facto case, meaning that if one has already cut off a limb from a ben pekuah, it is permitted to eat it. However, it is obvious that initially it is forbidden to cut it while alive because of causing suffering to animals.
With blessing,
Hillel Meirs
