Parshas Noach - Ever Min haChai and SHAMAYIM: Jewish Animal Advocacy

In Parshas Noach we find the first divine allowance in the Torah for animal consumption: "Every creature that lives shall be yours to eat; as with the green grasses, I give you all these." (1) The very next verse, however, limits this permission: "You must not, however, eat flesh with its life-blood in it." Although a more literal translation would probably forbid blood consumption, the Gemara (2) sees in this Pasuk a prohibition against eating the limbs of living animals. 

The clear implication of this Mitzvah (3) is that there's some level of Torah obligation on human beings to engage compassionately with all living creatures. What exactly is that level? Where does the balance lie? What is its floor and what is its ceiling? Alas, these questions are a bit more complicated.

The Torah clearly indicates that, in the world's natural hierarchy, human beings are more important than animals. Immediately before allowing Noach to eat meat, God tells him that "the fear and the dread of you shall be upon all the beasts of the earth and upon all the birds of the sky...and upon all the fish of the sea; they are given into your hand." (4) This was in addition to what God had already told the first humans, that they ought to "rule the fish of the sea, the birds of the sky, and all the living things that creep on earth." (5) We have no reason to assume that this applied any less to Noach or, indeed, to us. 

And yet, what emerges from this are some essential questions on what the Torah is trying to teach us. Are we intended to be rulers in the sense of superiority with animals primarily here for our personal use? Are we intended to operate more as earthly representatives and stewards of God's vast and beautiful world? Does the golden mean lie somewhere in between, or oscillate between both extremes? 

These are not simple questions. 

Without getting into the issue of compassion to animals, the meat industry is quite harmful to humans. According to Scientific American, around 20% of America's overall methane emissions are produced by cattle. That makes up more greenhouse gases than are produced by all transportation industries combined. (6) Multiple studies have shown that the amount of meat in the average American diet far exceeds the recommended amount and leads to higher cases of cardiovascular diseases, diabetes, and certain cancers. Furthermore, according to the American Dietetic Association, vegan or vegetarian diets can be healthful and nutritionally adequate during all stages of life (7) and can confer several health benefits as well. (8) 

Additionally, the slaughterhouse is not an ideal place for spiritual ethical development. One study found that slaughterhouse employment increased total arrest rates, arrests for violent crimes, arrests for rape, and arrests for other sex offenses when compared with other industries. We do a disservice to slaughterhouse employees, our world, and to the Torah's spiritual ethical values if we don't examine why that is. 

In his commentary on Shemos 16:4, Abarbanel writes that meat is an "unnecessary food" that brings out a "cruel and capricious disposition" not only in human beings but even in carnivorous animals. This was in the 15th century and one could only imagine what he would write if he could see the state of animal farms today. 

Long before any animal reaches the perfectly sharpened blade of a Shechitah knife, (9) they live short, dirty, and miserable lives. Veal calves are restrained in tight cages and overfed to the point that they can't use their legs. Female, egg producing chickens are kept in overcrowded spaces and often die from wounds, infections, or other diseases. Male, non egg producing chicks, being useless to the egg industry and not financially beneficial enough to raise for meat, are often ground or buried alive. Dairy cows are routinely impregnated and separated from their calves in order to maintain a constant supply of milk. Mother cows and baby calves have been known to bleat for each other for days and weeks after separation, and this process goes on until the cow can't physically produce any more milk. Although cows can live for 20 or more years the average life of a dairy cow is less than 1/3rd of that, and veal calves live for less than 1/3rd of that. (10)

Often around Rosh haShanah and Yom Kippur I find raging debates on social media regarding the practice of Kaparos. It's a very religiously and politically charged issue, but I think it's important for those who find it objectionable to consider the following question: is Kaparos problematic because of an aesthetic issue or because of a moral issue? If because of the latter, what difference does it make if the chicken is restrained in a cold, dirty crate on a a street corner of Flatbush or in a slaughterhouse hidden away from public eyes? 

Another question to consider: if I offered you a free burger if you'd kick a dog in the ribs, would you take me up on that offer? If not a dog, what about a cow? If not yourself, would you pay someone to kick the cow for you? And if you wouldn't do that, why would you pay an industry that would keep that cow in conditions much worse than a swift kick to the ribs for that same burger? 

There have been animal activists who have gone undercover as animal farm employees to record some of the horrors described above. For those truly brave of heart, see this, this, and this. WARNING, these are graphic. 

These activists put their recorded footage online and their local and state governments were quick to act. Unfortunately, the action many states governments chose to take was the creation of "ag-gag" laws - legislation that banned the filming of animal cruelty, not the animal cruelty itself. Thankfully ag-gag laws have been repealed in many of the states where they were originally passed, but not everywhere. An ag-gag case has yet to reach the Supreme Court and until one does it's up to the discretion of each state legislature. (11)

It seems clear that the Torah expects more from us. The status of humans as higher on the natural hierarchy than animals is true but almost academic - there is no Torah license to abuse animals. Halakhically, the case could be made that as long as no Jew owned the animal when it was abused and the abuse didn't render the animal a T'reifah, (12) no Halakhah was technically violated. However, it's hard for me to imagine how such reasoning wouldn't put someone in the category of a Naval b'Reshus haTorah. (13) 

We ought to seriously examine what spiritual ethical message the Torah is trying to communicate even beyond what Halakhah technically allows. We can and should be better. 

Of course instant radical change isn't just hard, it's nearly always impossible. The changes that stick are the ones that are done slowly, and there are many little steps that people can take on in this area. One organization that guides and educates people about these issues is SHAMAYIM: Jewish Animal Advocacy. 

SHAMAYIM: Jewish Animal Advocacy has programs that help Jews on campus, shuls, Rabbis, community leaders, and individuals move slowly toward a more conscious, vegan-friendly world. They do this with a very hands-held approach, and they don't shame people regardless of where they are on their journey. 

It's not for me, or anyone else, to judge people for what they choose to eat. It is my job, however, to speak openly and honestly about spiritual ethical issues that I feel are important. 

This week, in honor of Parshas Noach and the Mitzvah of Ever Min haChai, I've donated to SHAMAYIM: Jewish Animal Advocacy and I recommend you do as well. 

Notes:

(1) Bereishis 9:3. Unless otherwise noted, all Tanakh translations are taken from the JPS translation in the second edition of The Jewish Study Bible.

(2) Bavli Sanhedrin 57a:8

(3) Sefer haChinukh Mitzvah 452, Rambam Lo sa'Aseh 182, Smag Lo sa'Aseh 136, Smak Siman 200, Bahag Lo sa'Aseh 176, Yere'im Siman 81

(4) Bereishis 9:2

(5) Bereishis 1:28

(6) In other words, if you care about the environment it's better to have a salad for lunch than it is to bike to work. I found this shocking.

(7) Including pregnancy, lactation, and infancy through adolescence. The study also specified athletes.

(8) "...a vegetarian diet is associated with a lower risk of death from ischemic heart disease. Vegetarians also appear to have lower low-density lipoprotein cholesterol levels, lower blood pressure, and lower rates of hypertension and type 2 diabetes than nonvegetarians.”

(9) cf. Rambam, Sefer Kedushah, Hilkhos Shechitah 1:14. Even the smallest perceptible knick in a Shechitah blade renders the slaughter not kosher. 

(10) In case that was unclear, cows can live for 20+ years. Dairy cows, on average, are slaughtered when they are six. Veal calves are almost always slaughtered before their second birthday. 

(11) The central issue in many cases has been whether going undercover as an employee to film abusive business practices with a hidden camera is a form of free speech protected under the First Amendment. Until an ag-gag case reaches and is decided by the Supreme Court the question remains open. 

(12) cf. Rambam, Sefer Kedushah, Hilkhos Ma'akhalos Asuros 4:6-9. A T'reifah is an animal (or human) that has been terminally wounded to the point that it will die within the year. Some have argued that all veal calves are so sickly that they ought to be considered T'reifos. 

(13) See Ramban's comment on Vayikra 19:2. The Pasuk tells us that we ought to "be holy, for I, the Lord your God, am holy." On that Mitzvah Ramban raises the incredible idea that one could follow every technical detail of Halakhah perfectly and still do it in a gluttonous, disgusting manner such that they would become a "Naval b'Reshus haTorah," literally "a disgusting person within the permissions of the Torah." That line is so central to modern Torah thought that I was sure it was at least as old as the Talmud. It seems, however, that the phrase originates with Ramban himself.

(14) This week I also got to interview Rabbi Dr. Shmuly Yanklowitz, Founder and CEO of SHAMAYIM: Jewish Animal Advocacy. You can watch that interview here. I honestly didn't expect to learn as much as I did from that conversation and I can't recommend it highly enough.