“G-d is good to all and His mercy is upon all His creations” (Tehillim 145:9). If G-d has mercy on all His creations so too must man, created in G-d’s image, have mercy on all creations. Laws ranging from not killing a mother ox and her offspring on the same day, the laws of shechita, the prohibition to eat before feeding one’s animal, the prohibition to muzzle an ox while it works in the field, the prohibition of using two animals of unequal strength to carry a burden, all attest to the concern we must have towards animals. The Gemara relates how Rabbi Yehuda Hanassi, the editor of the Mishna, suffered from stomach ulcers for years because he callously said to a calf that had come running to him for protection “for this [the slaughter] you were created” (Bava Metzia 85a).
“There is a mitzva from the Torah to unload but no mitzva [from the Torah] to load; Rabbi Shimon says even to load” (Bava Metzia 32a). The Torah obligates one to help another unload a burden from his animal but not, at least according to the Sages, to help one load a burden on an animal. The reason for this distinction seems rather clear – we are obligated to relieve the burdens but not to increase them.
Rabbi Shimon agrees that unloading the burden from an animal takes precedence over helping to load. And the Sages agree that one must also help another to load an animal. They differ, the Gemara explains, as to whether one can demand compensation for helping another load an animal. Rabbi Shimon sees this as one of the many acts of chesed that we must do for others, whereas the Sages apparently see this as helping someone in his employment. One who assists another to earn income is entitled to be compensated. But whatever their dispute regarding loading an animal, both the Sages and Rabbi Shimon agree that that tzar ba’alei chaim, causing pain to an animal is a biblical prohibition.
Yet as important as it may be not to cause undue pain to animals we have a much greater duty not to cause pain – physical, emotional, financial or any other- to humans. And should a conflict arise between the two it is the human who takes precedence[1]. Not only pain but the moral improvement of homo-sapiens must take precedence over the temporary burden resting on an animal.
“A friend to [help] unload and an enemy to [help] load, one is obligated to first help his enemy.” On the surface this law makes little sense. If the law, for good reason, dictates that we first help one unload a burden, why is this case any different? Do I really need to help my enemy before my friend? To this the Gemara answers absolutely! “In order to subdue his evil inclination” one is required to help those you hate before your friends.
Modern psychology teaches[2] that how we act influences how we think, and not the other way around. More than we help those about whom we care, we care about those whom we help. There is no better way to break down the barriers between people than by helping those whom we may hate or, better yet, who hate us. It is hard to continue hating those whom you help. As developing the moral character of man must supersede our general concern for an animal, it is our enemy we must help, animal or not.
Moreover the Tosafists (Pesachim 113b s.v. shera’ah) claim that the priority we must give to those we dislike even extends to a case where we are legitimately allowed to hate a person, as might have been the case with certain types of sinners[3]. Even when hate is allowed we should never hate the sinner, only his sins. If we were to first help our friends, and leave our legitimate “enemy” to fend for himself, this would in the words of the Tosafists lead to “total hatred” of the person something we cannot ever allow and surely can’t encourage. In theory we should help the righteous before the sinner but in practice this will do little to promote peaceful relations amongst all[4]. And that is something we must constantly strive for.
[1] That we often invert our priorities is often manifested by how we treat the dead. Judaism demands we treat the dead with extreme dignity. If we must honour those who once lived, imagine how much more we must honour those who are still alive. Think how different society would be if we followed this most basic teaching
[2] This concept is a primary theme of the Sefer HaChinuch, the medieval book on the 613 mitzvoth, who explains that the Torah commands so many mitzvot as “actions mold character.”
[3] Already in Talmudic times our Sages (Erchin 16b) noted that we no longer have the ability to properly rebuke others with love and without proper rebuke we cannot fully blame people for their sinful ways.
[4] In a similar vein and as grating as it may be Israeli law demands that doctors treat terrorists with no less care than their victims. While one can debate the wisdom of this policy the idea of helping even our enemies is well rooted in Torah values – even if it may be in conflict with our instinctive moral sense.