By Rabbi Yair Hoffman for 5tjt.com

Most readers are aware that the Torah�s obligations of following halacha are not exclusively for Jews.� �Gentiles as well must follow a certain set of halachic guidelines.� The guidelines are
known as the Seven Laws of Noah.

The Sefer HaChinuch points out that these seven laws are not, in fact, laws, but categories of laws.� The Seven Laws are found in the Tosefta to tractate Avodah Zarah (9:4) and are cited in the Babylonian Talmud (Tractate Sanhedrin 56a).� They are:

• The obligation to believe in G-d
• The prohibition of Murder
• The prohibition of theft
• The prohibition against adultery and other forms of similar immorality
• The prohibition in cursing G-d
• The prohibition involved in eating flesh from a live animal
• The obligation to establish a just court of law to enforce the laws.

The question is do these laws include the idea of Tzaar Baalei Chaim?� Is a gentile obligated in observing this halacha?� If he is, under which of the Seven Noachide Laws is it subsumed?

In Rav Binyomin Cohen�s excellent new Sefer Chelkas Binyomin on Pru uRvu � he cites the Otzer HaPoskim which cites the Sefer Toldos Yaakov who is unsure as to whether they are commanded in it.� Rabbi Cohen suggests (page 336) that it may be subsumed under prohibition #6 � Aiver Min haChai � eating a limb of a live animal.

There is yet another possibility.� The Minchas Chinuch in Mitzvah #80 states that the Mitzvos of Prikah and Te�ina are subsumed under #7 dinim.� It would be logical to also extend this to include Tzaar Baalei Chaim.

The Pri Magadim in his Mishbetzes HaZahav (468:2) writes that a gentile is not commanded in this Mitzvah, however.

The Orach Chaim on Bereishis 29:7 writes that Yaakov Avinu chastised the shepherds on account of their Mitzvah of Tzaar Baalei Chaim � which would indicate that the Orach Chaim did not think that the halacha was like the Pri Magadim.� Also, there is a Ramban in parshas Bereishis that states that Adam was initially forbidden in eating meat because of Tzaar Baalei Chaim.� This halacha was adjusted later to allow it for eating purposes according to the Ramban.

There is another possibility that this author would like to suggest.� Believing in G-d (Mitzvah #1) perforce indicates that one should try and be like Him too.� The verse tells us, �V�rachamav al kol Maasav � And His mercies extend to all His Creations.�� It could also be subsumed under the first one as well.

It is a bizarre reality that many people are unaware that for Torah observant Jews Tzaar baalei Chaim is a real prohibition.� Indeed, most Rishonim are of the opinion that Tzaar Baalei Chaim is, in fact, a biblical prohibition, as is the implication of the Talmud (Shabbos 128b). The Rambam, however, is understood by most commentators as holding that it is of Rabbinic origin. [See Vilna Gaon CM 272:11, notwithstanding the view of the Keseph Mishna who reads the Rambam as holding that the prohibition is biblical as well].

As an interesting aside, Rabbi Dovid Parro in his monumental work Chasdei Dovid on the Tosefta writes (Korbanos 13:1) that each of the seven�Noachide�laws have an associated positive commandment.

The author can be reached at [email protected]