Halacha for Tuesday 22 Iyar 5781 May 4 2021

Moving Animals on Shabbat

Question: May one move domesticated birds that live in a cage on Shabbat in order to move the cage from place to place as necessary? Similarly, may one remove a dead fish from one’s aquarium on Shabbat?

Answer: The Gemara (Shabbat 128b) states that it is forbidden to move or carry any animals or birds on Shabbat and they retain the law of other forms of Muktzeh on Shabbat which may not be moved.

Rabbeinu Nissim writes that the reason why animals are considered Muktzeh and forbidden to be moved on Shabbat is because animals are not able to be used for any purpose on Shabbat and thus, they retain the same law as wood and stones which are considered innately Muktzeh because they have no purpose on Shabbat. The Bet Yosef (Chapter 308) writes accordingly.

The same law applies to caged birds and since the birds themselves do not serve any purpose on Shabbat, they may not be moved, even when they are still in the cage. There is no distinction between moving animals or moving birds, as Maran Ha’Shulchan Aruch (Chapter 308, Section 39) rules, “It is forbidden to move any animals or birds on Shabbat.”

Nevertheless, Rabbeinu Chaim Ohr Zarua (one of the great Rishonim) rules that one may be lenient and move birds on Shabbat since people enjoy their voices on Shabbat and this enjoyment entails no prohibition. There is likewise no issue to move them, for they are not used for any type of forbidden work as people merely enjoy their appearance, voice, and chirping. Thus, according to Rabbeinu Chaim Ohr Zarua, caged birds may be moved on Shabbat. Nevertheless, halachically speaking, we follow the opinion of the Rosh and Maran Ha’Shulchan Aruch who rule that no animals or birds may be moved on Shabbat.  

Maran Rabbeinu Ovadia Yosef zt”l writes (Volume 5 of Responsa Yabia Omer, Chapter 26) that although we rule in accordance with the Rosh that birds may not be moved on Shabbat, nevertheless, in a situation where the animal is suffering, such as if the cage is in a place where the sun is beating down on it or if it is in a very cold place and this poses danger and great suffering to the birds, one may rely on the opinion of Rabbeinu Chaim Ohr Zarua and move the cage to a shaded place. Maran proceeds to support his opinion with various proofs.

The same applies to tropical fish and when the fish are in a small aquarium and one fish dies, this poses a danger to the rest of the fish since the dead fish decomposes in the water, one may remove the dead fish on Shabbat although it is Muktzeh. This is because of the issue of animal suffering, as we have explained.

Summary: It is forbidden to move animals on Shabbat. It is therefore forbidden to move a bird cage on Shabbat. Nevertheless, in a situation where the birds are suffering, such as if the sun is beating down on the birds’ heads and this can cause them to die sometimes as well, it will be permissible to move the bird cage to a shaded place.

8 Halachot Most Popular

The Fast of the Tenth of Tevet When it Coincides with Erev Shabbat

This coming Friday will mark the Tenth of Tevet, a public fast day observed throughout the Jewish nation until the arrival of Mashiach which marks the day the king of Babylon besieged Jerusalem with the intent of destroying it. The verse (Yechezkel 24) states: “And the word of Hashem was to me......

Read Halacha

Mincha Prayer on the Fast of the Tenth of Tevet

By popular request: This year when the Fast of the Tenth of Tevet coincides with Erev Shabbat, what is the best time for Mincha prayers to be held? The Custom Throughout the Year In general, Mincha on Friday afternoons is held in the synagogue approximately twenty minutes before sunset, after wh......

Read Halacha

Lighting Chanukah Candles on Motza’ei Shabbat and Electric Chanukah Candles

On Motza’ei Shabbat Chanukah, in the synagogue, Chanukah candles are lit first and only following this is Havdala recited in order to delay the departure of Shabbat as much as possible. Although the one lighting the Chanukah candles removes the sanctity of Shabbat from himself, nevertheless, t......

Read Halacha

Parashat Ki Tetze

Gathered from the teachings of Maran Rebbeinu Ovadia Yosef ztzvk”l (from the years 5744-5772) (written by his grandson HaRav Yaakov Sasson Shlit”a) (translated by our dear friend Rav Daniel Levy Shlit”a, Leeds UK) Ellul is the Time to Engage in Battle Against the Yetzer Hara, ......

Read Halacha


Eating and Washing Oneself on Yom Kippur

Regarding the custom of Kapparot, we have discussed in the past that this custom may be fulfilled through money. A bill is taken ($10, $20, etc.) and circled around the head of the atoned party three times, and the following text is recited: “This money is in your stead, your substitute, and y......

Read Halacha

Lighting the Chanukah Candles

The Mitzvah of Lighting Chanukah Candles There is a Mitzvah to light Chanukah candles throughout all eight nights of Chanukah (beginning from next Wednesday night). The Sephardic custom is to light one set of Chanukah candles per house. The Ashkenazi custom, however, is that every member of the hou......

Read Halacha

Eating Cake on Shabbat Morning

Today's Halacha is dedicated for the merit and protection of All Our Dear Soldiers May Hashem give them strength and courage to vanquish our enemies and may they return home safe and sound amid health and joy. May Hashem protect all the captives and have mercy upon them so that no harm befalls......

Read Halacha

The Order for Lighting Shabbat and Chanukah Candles

Tonight, we shall begin lighting Chanukah candles. One candle is lit tonight, besides for the additional “Shamash” candle. Let us now discuss the laws for lighting Chanukah candles this coming Friday. There is a disagreement among the Rishonim as to the order of lighting Shabbat and C......

Read Halacha