Every thinking Jew must at some point address the question of whether chicken kaparos violates the prohibition of tzar ba’alei chaim. The rules of tzar ba’alei chaim forbid the deliberate abuse or misuse of animals. Why isn’t waving a chicken over one’s head considered an unnecessary abuse?

For close to two thousand years, the halachic literature has almost unanimously promoted the minhag to use chickens for kaparos. The practice of using animals for kaparos is even mentioned incidentally in three places in the Talmud (see Shabbos 81b, Chullin 95b, 110a and Rosh Yoma §8:23). The Rishonim and Acharonim who address all questions of Talmudic law from multiple angles sanction the custom and the Rama (§605) refers to it as “the custom of the devout.” Aside from a solitary negative passage from the Rashba and a follow-up statement by the Mechaber, kaparos has never faced any serious opposition. Even Sephardim, who typically follow the Mechaber, are very passionate about kaparos.

The laws of tzar ba’alei chaim govern when it is permissible or forbidden to harm an animal. Tzar ba’alei chaim is a severe Torah prohibition, but it is frequently invoked incorrectly. Let’s take a closer look at this mitzva and what it does, and does not, demand from us.

Tzar ba’alei chaim is not explicitly discussed in the Torah nor is it on the list of the 613 principal mitzvos. But animal welfare is alluded to as the rationale behind several mitzvos. These mitzvos require us to help struggling animals, to be sensitive to their needs, and—when slaughtering an animal—to make its death swift and painless.
The lesson of these mitzvos is that people must proactively seek the welfare of, and refrain from, harming animals. Examples of seeking their welfare include an owner’s obligation to feed his animals before he may eat (O.C. §167:6), allowing a cow to be milked on Shabbos by a goy (O.C. §305:20 and M.B. §71) and attending to an injured animal on Shabbos (O.C. §305:19).

While the Torah, often referred to by the Gemara as Rachmanah (The Compassionate), prohibits the needless harming of animals through the laws of tzar baalei chaim, it still does not deny people the ability to use animals in ways they see fit. Many of these uses will disturb the animal, but they are permitted nevertheless. It is permissible to ride a horse although the horse may not want to be ridden. One may plow with an ox although the ox may not want to wear the yoke.

How is it that the Torah mandates the refined treatment of animals, but permits forcing animals to bear burdens and plow fields? How is it that the Torah requires owners to feed their animals before they eat, but permits these same owners to slaughter their animals?

The answer is that the rules of tzar ba’alei chaim were not designed to prevent the legitimate use of animals. As is apparent from the examples cited, human gain at the expense of animals is permitted. Only pointless exploitation is forbidden. If pulling feathers from a live bird will cause it to produce more valuable schmaltz, doing so is permitted (Even Haezer §5:14). If waving a chicken overhead will inspire a person to live a better life, it is permitted as well.

If human benefit at an animal’s expense is permitted, how does the issur of tzar ba’alei chaim relate to kaparos?

Waving a chicken overhead should not hurt the birds at all if the chickens are handled properly. Problems occur when wranglers unfamiliar with chicken husbandry mishandle birds. As the kaparos industry becomes increasingly commercialized, there seem to be more and more eruptions of alleged abuses. Anti-chicken activists constantly seek new ways to interfere with this time-honored tradition, often invoking tzar ba’alei chaim. Whether their claims are real or imagined, it is within the control of the centers to prevent outbreaks. Even if the offenses are few and far between and of minimal consequence, management should train their workers in basic handling procedures.

Here are some small steps that the managers can implement that will improve the situation of the chickens and calm the opposition.

Tarps can be hung around the site and over the chicken crates. These will block the view from the street and shield the chickens from the sun. Small clip-on water troughs could easily be attached to the cages. They are versatile enough to be moved from crate to crate as needed and will keep the chickens watered and cool on hot days. These troughs are relatively cheap and can last through many seasons.

Kaparos is primarily a night business and by the time it’s over the workers are exhausted, but a thorough cleaning before going home would accomplish a lot for the remaining chickens and the neighborhood. Proper maintenance of the chicken yards is in the best interest of the proprietors. Clean, odor-free centers would attract more people, make existing customers more comfortable, eliminate the neighbors’ complaints and provide a kosher environment for reciting the berachos and pesukim. People would also appreciate handling the cleaner chickens.

Behaviors that are acceptable on farms or processing plants are not acceptable in public areas where customers will be offended. Wranglers should not hold many birds at once, and new workers and visitors should be trained in how to hold a chicken.

Consumers can take the initiative to solve many of these problems. Why not present a proprietor with tarps or water troughs? The management and certainly the chickens would be glad you did. It would be an excellent opportunity to pair with the activists who seem to have endless amounts of energy and resources to distribute these troughs. Everyone wants a clean and presentable environment and this would be an ideal time to join with the activists to work towards an outcome everyone can appreciate.

Holding a chicken properly is not hard—it just takes training. Why not show the workers how to do it? (See below for instructions on how to hold a chicken).

Kaparos is a great opportunity for activists to get beyond the rhetoric and actually do something – like educate people about how to hold the birds comfortably, sponsor food for the birds or form a team to clean the cages. The activists should be invited to partner with the management to preserve the tradition while benefiting the chickens.
The chicken was the animal of choice for millions of devout Jews for millennium. Basic kaparos is within the parameters of permitted use of an animal. It would be wise for the management of the centers to take the steps necessary to address the legitimate complaints of neighbors and to partner with activists in a way that everyone wins—clean sites stocked with fed and watered chickens.

May all of us be zoche to perform kaparos with a properly cared for chicken and through it merit atonement on Yom Kippur.

Instructions for Holding Chickens:

Accept the chicken from the wrangler by taking one wing in each hand. Lift and cross the wings for a grip that requires only one hand to hold and will prevent the chicken from flapping its wings and leave you a free hand to hold the machzor. This position is comfortable for the chicken and akin to holding a baby from under his arms. Be careful not to squeeze or jerk the chicken.

Step-by-Step instructions:

1) Lift both of the chicken’s wings. (Extend them fully.)
2) Draw them together.
3) Cross the wings placing left over right for a right-handed grip (most people) or right over left for a left-handed grip (for lefties).
4) Place your right (left) hand beneath the wings and close your fingers over the wings as shown.
5) Gently flip the bird onto its back. (The chicken’s body will now be resting on the back of your hand.)
6) Rotate overhead as you say “Zeh chalifasi.”

Always remain calm and treat the chickens gently. They’ll appreciate you for it.

About the Author: Avrohom Reit lives in Brooklyn and is the author of the Tekufas Hashana series – halachic works aimed at elucidating everyday mitzvos. Books in the series include: Teka Beshofar – Mastering Shofar Blowing (Feldheim), Zeh Kaporosi – The Custom of Kaparos (Mosaica Press), Lekicha Tama – A Lulav and Esrog Buying Guide (Feldheim) and Chalutz Hana’al – A Concise Overview of the Mitzvah of Chalitza (author).

(YWN World Headquarters – NYC)