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

Parashat Naso in the Diaspora

(From the teachings of Maran Rabbeinu Ovadia Yosef ztvk”l) (written by his grandson HaRav Yaakov Sasson Shlit”a) (translated by our dear friend Rav Daniel Levy Shlit”a, Leeds UK) Trading Places! The Parashah states, “The sacred offerings of each individual remain his ......

Read Halacha

Taking Haircuts and Shaving During the Omer Period- 5786

Abstaining from Taking Haircuts During the Omer It has become customary among the Jewish nation to refrain from taking haircuts during the Omer counting period: According to the Ashkenazi custom, until the 33rd day of the Omer and according to the Sephardic custom, until the morning of the 34th day......

Read Halacha

The Omer Counting Period

The period of the counting of the Omer is exalted indeed and filled with sanctity, as the Ramban writes in his commentary on Parashat Emor that the days between the holidays of Pesach and Shavuot, i.e. the Omer counting period, retain the sanctity of Chol Ha’Moed and are not days of national t......

Read Halacha

The Holiday of Pesach- The Zodiac of Aries

The Torah (Shemot 12) states: “Speak to the community leadership of Israel and say that on the tenth of this month each of them shall take a lamb to a family, a lamb to a household. But if the household is too small for a lamb, let it share one with a neighbor who dwells nearby, in proportion ......

Read Halacha


Arriving Late to or Skipping Some Portions of the Megillah Reading

Every member of the Jewish nation is obligated to read the Megillah on the day of Purim. One must read it during the night and once again the next day, as the verse states, “My G-d, I call out to you during the day, and you do not answer; during the night I have no rest.” This verse is w......

Read Halacha

Leaning During the Seder

The Mitzvah of Leaning The Gemara (Pesachim 108a among other places) states that there are several things during the Seder that must be eaten or drunk while leaning, i.e. while leaning to one’s left side. Indeed, the Midrash states on the verse “And Hashem led the nation in a roundabout......

Read Halacha

Food Products for Pesach Use Nowadays

Beginning from thirty days before Pesach, the Mitzvah of eliminating Chametz takes effect. This includes all of the Pesach cleaning and all measures taken to ensure one does not transgress the prohibition of consuming or owning Chametz on Pesach. It is therefore incumbent on each of us to begin t......

Read Halacha

The Custom of the “Commemoration of the Half-Shekel”- 5786

In the beginning of Parashat Ki-Tisa, which we read again not long ago for Parashat Shekalim, the Torah commands the Jewish nation to donate a Half-Shekel during the times when the Bet Hamikdash stood. This Mitzvah was auspicious in that it protected the Jewish nation from all plague; indeed, the......

Read Halacha