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Aslong as it is not possible to determine with certainty that the amount ofsuffering caused by one method is considerably greater than that causedby another, and realizing that some permitted methods involve evenmore suffering than ritual slaughtering, it is difficult to accept anyreason whatsoever why kosher shechita should be banned.
However, we need to recognize that the issues involved inslaughtering are not only physiological, i. They are also moral and ethical. As a moralagent, man has a moral responsibility toward those who have a differentmoral status. For a Jew, shechita mustbe pure, clean and humane, and he must constantly be on the lookoutfor the best way of preventing suffering to the animal.
Jewish lawimposes strict demands regarding the professionalism of the slaughterernot required in other cultures.
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The Jewish slaughterer must haveextensive training, and above all, he must have moral integrity andmust exhibit right conduct. It is in this spirit that Jews and Muslims could easilymaintain that kosher shechita or halal slaughtering ought to berecognized as an acceptable method to be practiced by society as awhole, but this is probably going too far. For most Europeans andAmericans, schechita or halal is simply a ritual identified with particularreligions and it would be difficult to conceive it as part of the Europeanor American cultural pattern. The moral approach of Jews can bediscerned from the description of the late Rabbi Kook of his vision ofthe futureThe free inclination of morals concerning animals in general andthe demand for their rights from humankind is rooted spirituallyand naturally in the depths of the Torah.
In the treasure house oforiginal man the seed of spiritual light which later was to befound in Israel was scattered among unmarked individuals in thenational fabric. Theblood of the slaughtered animal or fowl is covered so that theiniquity done to them should be recognized and noticed. Cover the blood! Hide your shame! These actions will yield theirfruit, in the course of time the generations will learn. The laws of sacrifice, in a particular order, easing the pain, allthese strengthen the impression that this is not anarchy, that youare not dealing with an automaton that has no living spirit but witha soul.
Though you are so hard and cruel as to eat meat, the right of thesuckling has a natural precedence for the milk, it precedes you. At least have mercy on the forlorn if yourhard heart does not pity the healthy and the strong! As Peter Singer puts it:If a being suffers there can be no moral justification for refusing totake that suffering into consideration. No matter what the natureof the being, the principle of equality requires that its suffering becounted equally with the like suffering—in so far as roughcomparisons can be made—of any other being.
Certainly, the prevention ofcruelty to animals is not a static concept but must evolve as scientificresearch sets different parameters for animal suffering and foralternative ways to prevent it. We would suggest that these new techniques should cause allpersons who are concerned about humane treatment of animals,whatever their religious beliefs, to approach the problem from a newangle. The acceptance of this pain underscores theinstrumental character of animals in our culture, a reality which certainlymay jeopardize the protection of animals precisely because it is alwayspossible to argue that every human consideration, including economicefficiency, justifies the suffering of animals.
Defining the line betweennecessary and unnecessary suffering is difficult, though it is perhapsmore difficult for most modern people to accept the fact that thisdistinction rules out some human behavior toward animals as improperand even immoral. For example, the distinction between necessary and unnecessarysuffering has been described by the Colorado Supreme Court:Every act that causes pain and suffering to animals is prohibited. Where the end or object in view is reasonable and adequate, the actresulting in pain is, in the sense of the statute, necessary orjustifiable, as where a surgical operation is performed to save life,or where the act is done to protect life or property, or to minister tosome of the necessities of man.
Rather, it refers to the current reality in which man usesanimals for his own ends and determines the measure of acceptablesuffering only according to needs, preferences and values of humans. This description is extremely problematic because it implies that undercertain circumstances, mankind is at liberty to cause suffering to animalswhen it suits his purposes, whereas when an action affects humanbeings, there can be no justification for causing suffering irrespective ofany benefit it might bring to another.
Ratherexperiments should concentrate on ethical procedures to ensure thatexperiments are carried out with minimum suffering, with a commitmentto refining methods and seeking less painful alternatives whereverpossible. For example, they have been stumped by the question ofwhether moral considerations for the suffering of animals shouldoutweigh economic ones if it turns out that the replacement of animalswith other experimental objects is too expensive to make the proposedproduct marketable.
At the same time, there is no reason why a similar kind ofbalancing of moral alternatives might not be sought with regard toreligious slaughter. The very idea of unnecessary suffering is based to acertain extent on the dialectics between ends and means. Forexample, killing a fowl or a cow for food is acceptable except forvegetarians , whereas killing that occurs during an animal contest suchas cock-fighting is not because its sole purpose is the amusement ofhuman beings. Suffering that is imposed on animals in order to enhancea public performance, such as in a movie, is not acceptable, while thesame amount of pain might be considered legitimate in the case ofanimal experiments which are designed to prolong life.
Similarly, when the purpose is a proper one, care must be takenthat the methods used are also properly tailored. The theory behind theprevention of cruelty to animals maintains that a specific practice canlegitimately be described as causing unnecessary pain as soon as anothermethod can be substituted without interfering with the legitimatepurpose of the practice or other legitimate, overriding interests.
Moving from these general principles to the particular case weconsider, how does religious slaughter fit in with the conflict betweenfreedom of religion and prevention of cruelty to animals in this model? One whose premise is that religious slaughter causes more suffering thanother slaughtering methods still concedes that the basic purpose ofslaughtering, killing for human consumption, is legitimate or at least isaccepted as legitimate by the majority.
It is the means that he or sheclaims are not acceptable because as long as it is possible to use adifferent technique which seems to cause less pain, the sufferinginvolved is unjustifiable. However, this calculus ignores the fact thatritual slaughter involves not just the purpose to feed human beings, butthe protection of freedom of religious expression for a particular group,which is certainly a fitting principle. The prohibition ofshechita defines both acts as maltreatment by using different criteriafrom those used to define cruelty to animals.
By contrast, our proposed approach tries to put the essence of theproblem within a wider framework of the ethical and religiousperceptions about the suffering of the animal. When animals are usedfor human purposes in other cases, the moral decision-maker takes forgranted that certain amounts of suffering should be permitted. The determination a priori that a method runcounter to animal protection without consideration of all interestsinvolved marks a departure from the ethical criteria used to prohibitunnecessary suffering in general.
The apriori assertion that the right to religious practice is offset by theprevention of pain caused by religious slaughter ignores the values of,and benefits to all parties involved. While it may be difficult, at first, toaccept that the judgment that action cruel to animals must be governedby different criteria in one case than in another, it seems to us thatanimal protectionists should not jeopardize their goals by ignoringreligious obligations that are an essential part of determining whetheranimal suffering is unnecessary or not.
Conversely, Jews and Muslimsshould be open to understanding the feelings of those who care aboutanimal suffering, and take their concerns seriously as they deal with allanimal life, including in ritual slaughter and the consumption of meat. To recognize a current exception for traditional ritual slaughterdoes not entail that the decision about acceptable slaughtering practiceshas to be made for all time.
All moral reflection must consider thepromise of technological advance; and on the future, it may be possibleto talk about some system that produces no pain at all in slaughtering, orto discover a method of stunning that will be congruent with thereligious principles of Judaism or Islam. But at present, this is only atheoretical possibility. When scientific advances offer a way ofunequivocally preventing animal suffering, Jewish and Muslim religiousleaders will have to sit down and discuss whether religious law can beharmonized with science and adapted to the new knowledge.
We will thus consider the alternative of importing kosher orhalal meat instead of ritual slaughtering in a country with such a ban. Indeed, most countries that prohibit ritual slaughtering do go to thetrouble of regulating the permitted import of kosher meat; and inSweden, it is even subsidized. But permitting importation is not a true solution to this difficulty,since it is not just the consumption but also the shechita itself that is partof the Jewish way of life, just as the Jewish community, like any otherreligious community, must have its schools, synagogues and cemeteries.
Moreover, it is not clear how the importation solution would resolve anyjustifiable concern with animal suffering, since animals still must beslaughtered elsewhere to make kosher meat. Should it make anydifference whether the animal is slaughtered in Switzerland, Italy orIsrael? Is the suffering of a Swiss animal more important than one ofanother country?
Of course, one might justify this distinction by noting that Swedenand Switzerland have no right to interfere in the laws and policies ofother countries which permit kosher shechita. Similarly, if shechita does take place elsewhere, there is nothing wrongwith Jews or Muslims consuming such meat in countries that banschechita, for they are not engaging in any act which violates the ban.
However, this argument is a bit deceiving because it pays no heed to theissue of supply and demand. A country permitting ritual slaughter willclearly slaughter more cattle knowing that some of the meat is destinedfor citizens of a foreign country, thereby causing suffering to moreanimals. Force-feeding, which entails considerable maltreatment of geese, issolely a commercial matter aimed at satisfying the discrete demands of aparticular public that wants to partake of a non-essential delicacy.
Theramifications of forbidding kosher shechita are far greater—if one wereto imagine that all the countries of the European Union were to agree onforbidding the consumption of any meat slaughtered by shechita orhalal, the potential human rights violation with regard to Jews andMuslims would be considerable. In considering the acceptability of a kosher import alternative, wemust also consider the economic implications of this alternative, just asthe case of the ultra-orthodox Jewish community in France raised thisconsideration. We would need to consider the effect of the significantcost of importing kosher meat on the religious freedom of Jews andMuslims.
Either alternative represents aninfringement on religious freedom, albeit a somewhat lesser one thanwhere there is a complete ban on the import of kosher meat. In banningschechita, Sweden has offered a more palatable alternative bysubsidizing the import of kosher or halal meat, so that the economicburden of preventing cruelty to animals falls upon the whole populationinstead of the minority which needs to be protected. Of course,subsidies may have other paradoxical consequences. For example, theymay even encourage the consumption of meat and thus more animalswill be slaughtered abroad.
Or, subsidies might lead to even morereligious discrimination, since the larger the religious minoritypopulation, and thus the greater the general burden of subsidizing koshermeat or halal, the more public opinion might oppose the entry of Jews orMuslims. Besides the question of religious freedom for meat consumers,importing does not provide a satisfactory solution to the problem offreedom of choosing an occupation since the prohibition of koshershechita does not allow anyone whose job is kosher slaughtering to earna living. Sincemost suffering by animals in agriculture occurs in the context of theslaughtering livelihood, the effect of a ritual slaughtering ban is toeliminate a number of slaughterers, which produces a rise in prices andpossibly a lowering of profitability and customer base.
In fact, in somecountries, such as Italy, ritual slaughter is permitted to enable Italianfarmers to export meat to Muslim countries. However, it is impossible to concludewithout wondering whether Israel, too, should not forbid koshershechita. Unlike countries which forbid kosher shechita but permit theimport of kosher meat, Israel, where kosher slaughter is obviouslypermitted, forbids the import of non-kosher meat.
This situation poses apossible offense to animal supporters, who for ideological reasonssupport stunning but cannot obtain access to meat produced bystunning. We must concede that, just as a far-reaching prohibition on ritualslaughter creates a conflict for observant Jews and Muslims in Europe,where they are minorities, non-vegetarians in Israel who believe theyshould not eat the meat of an animal killed by methods at odds with theirbeliefs about animal protection pose a valid challenge to the state ofIsrael.
And, certainly, there are those in Israel who believe that kosherslaughtering creates unnecessary suffering for animals and would like tocompel stunning. However, no operative proposals have been put forthto create non-kosher alternatives for such people, and since kosher andhalal slaughtering will not be banned in a Jewish state, we do not foreseesuch a likelihood.
This is particularly true since there is not unanimityon this issue as there was in the case of force-feeding geese for pate,which was banned by the Israeli Supreme Court. Given that thereappears to be more cruel treatment of animals in Israeli agribusinessthan in slaughtering, this issue is also not likely to play a central role onthe agenda of animal welfare groups in Israel. However, it may in thefuture assume much more importance if new methods that cansignificantly diminish the suffering of slaughtered cows are discovered.
There is no doubt that if the issue came up for public debate or before acourt, the European experience would carry significant weight; and forthis reason, the Israeli public needs to be conversant with the situation inother countries. SUMMARY We have argued that the struggle on behalf of animals needs tobalance the prevention of cruelty to animals and religious freedom froma broader perspective. It is doubtful whether such a balance can bereached by a comprehensive prohibition of kosher shechita. Moreover,permitting schechita and halal does not exclude the advisability ofbringing Rabbis, Jewish halakhic authorities and Muslim clericstogether for creative thinking about how we might minimize thesuffering of animals while observing the religious values which are thebasis of a pluralistic and tolerant society.
Never beat nor inflict pain onany animal, beast bird or insect. Do not throw stones at a dog or acat, nor kill flies or wasps. We hope that theinternational community of persons involved in these discussions, bothreligious and secular, can agree to treat other people, not just the animalsthat are the focus of these discussions, with kindness and compassion.
Responsa, Minhath Yitzhak Also see Rabbi B. See Animal Welfare in Europe, supra n. NOTE 1. Ps We chose to focus on this problem as it surfaces in Europe, where Jews and Muslims themost injured parties of this prohibition are minorities. Obviously some parts of the presentanalysis are appropriate if and when the subject is raised, for instance, in Israel. We decided toprepare this paper in view of the renewed interest in the subject, as expressed by the decision ofthe Italian authorities who appointed a special commission to prepare a report on the topic. Wedeal with this report below.
As will be explained later, this is an equivocal issue. Many experts are of the opinion thatthere is no scientific evidence that ritual slaughter causes more suffering than other methods. On the problems involved in the definition of animal suffering as unnecessary see infraSec. See e. Steinberg, Cruelty to Animalsand the Halakhah, 1 Assia For example Pythagoras who, according to some accounts was opposed to animalsacrifices and was a vegetarian advocate, as was testified to by Plutarch.
Helmbold trans. Press ; seealso James A. See Peter Singer, Animal Liberation 2d ed. It is worthwhile to point out that thinkers like Seneca who was a strict vegetarian overhis youth and Plutarch showed due concern for animal welfare. See Plutarch, supra n. Gummere trans. Costa ed. Gen Rashi to Gen Rashi is an important Jewish commentator of the Bible and the Talmud.
Silbermann trans. Rashi to Gen , also based on BT Sanh. See Rashi, supra n. See J. See S. Many, Animaux, Dictionnaire de la Bible Supplement ff. Paris ; S. It mustbe noted that the Halakhah does not permit attendance at bull-rings and similar spectacles whereanimals fight each other. Jerusalem Press Jewish L. Exod ; see Deut regarding the ownership status of animals as comparable, inseveral aspects, to that of slaves ; see e. Lev Friedlander trans. Deut Deut ; Maimonides, The Guide for the Perplexed, supra n.
House We should also note the consideration for animals required at meal times. The Talmudsays that one must not start a meal before feeding his animals. BT Babylonian Talmud ,Berakhoth 40a. See Richard D. See Radford, supra n. Cruelty of Animals Act Experiments , , L. Animal Welfare Act, 7 U. Wilkins ed. For example, a number of laws in Israel relate to animals, without precisely dealing withthe question of animal protection.
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Those laws include the Ordinance of Tort which includesdamages caused by animals Sec. Approvazione del regolamento per vigilanza sanitaria della carni, regio decreto20 dicembre , n. Singer, Animal Liberation, supra n. Nussbaum eds. Press ; David J. Similarly, with regard to pigs, rules were set out about the requirements of illumination,ventilation, sanitary conditions and abuse of the animals. Radford, supra n. Animal Welfare in Europe, supra n. Andrew N. Rowan et al.
Animals Pub. Policy We shall see below that, according to numerous learned opinions, kosher slaughteringdoes not cause more suffering than any other method. See infra Sec. Sometimes it is questionable whether the transportation of poultry in harsh conditionsdoes not render them unfit for kosher slaughter. Maimonides indeed lists the laws BT Chullin passim ; R. Josef Caro, Shulhan Arukh passim ; R. Josef Caro, Yore Deah passim.
Perhaps this is the reason that particularly in non-Jewish circles, it is argued that theJewish law does not oppose stunning. This interpretation of Jewish law, which ignores theTalmud, is clearly mistaken. Sefer Hahinukh Precept And slaughtering has to be performed at the throat, with a knife that has been examined,in order to spare the animal from suffering, because Scripture permitted man to eatanimals and use them for his needs, but not to impose upon them unnecessary suffering. Cruelty to animals was extensively discussed by the Sages of the Talmud, who concluded that itwas a Scriptural prohibition.
Maimonides, The Guide for the Perplexed, supra n. It is a mere figure of speech meaning that He had slain them like sheep. Atfirst, He commanded them that all meat to be eaten should bear the quality of perfectionof the sacrifices, and the animals killed according to the procedures of the sacrifices. This is the plain meaning of Scripture. It may well be that the Sages meant to say this Sifre Reeh 39 —as I commanded thee—both sacrificial and other animals must bekilled by shechita. Chavel trans. See Curnutt, supra n. That is, instructions by the prophet Mohammed. That is, religious tradition.
That is, a Summary of Islamic learning. According to Shimrit Golan,in Sweden this method is accepted by the majority of Muslims, although not by orthodox Jews. Jerusalem, July Sometimes this part ofthe opinion has been omitted to show a liberal approach of Islam toward ritual slaughtering, anapproach that runs counter to the view of all those who want to stick to the religion provisions. See also text accompanying nn.
See Conforti, supra n. Decree No. Official Gazette of France Fra. A law of June20, permits religious slaughter for Jews and Muslims. The matter was settled by an agreement between the Spanish authorities and the Jewishand Muslim communities in Decreto Real 53 I Federal Law Gazette at Ger. In the state of Saxony, Kosher slaughtering had beenbanned in but the law was rescinded in Michael L. Jewish Scholarship There is an exception on the island of Aland, where stunning is compulsory. SeeMacellazioni Rituali, supra n.
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See P. Danish law requires stunning immediatelyfollowing the incision. This method may serve as an alternative for the integration between theswift cessation of pain and religious freedom because perhaps such stunning is not against theHalakhah and it might well be adopted by other countries.
This law was passed much later than in most European states. See Curnutt,supra n. Some states e. Butz, F. Perhaps the American approach to religious methods is due to the separation betweenreligion and state, and a completely different view of farm animals. Farm Sanctuary, Inc. In fact, the absence of licensing and supervision create the problems for groups without apermit. See Garde, supra n. Documento approvato nella Seduta Plenaria del 19 settembre In Denmarktoo, a distinction is made between cattle and poultry, the killing of which does not require licensedpremises.
Animal Welfare Act, Pub. Act No. See Schochet, supra n. Lande ; Munk et al. Golan, Current Challenges, supra n. See Macellazioni rituali, supra n. The European Parliament has repeatedly called for banning ritual slaughtering. SeeGolan, supra n. The first part of the Rocella report discusses the issue and sets out the conclusions. The Appendices deal with various aspects of the problem and are mainly concerned withJudaism and Islam. This opinion is based on the premise that slaughteringwithout stunning is not obligatory for Jews or Muslims. The opinion is given on the basis of aparticular religious interpretations given by the authors of the opinion and not by religiousauthorities.
This approach reminds us of periods of intolerance when religious interpretationsgiven by the State replaced religious opinions. This was, for example, the way of the EmperorJustinianus Codex 1. Milano Macellazioni rituali, supra n. This question should be understood as part of the question of multiculturalism. But see supra n. See nn. Press [hereinafter Barry, Culture and Equality]. Barry, Culture and Equality, supra n. Forum 1, 2 In our view secularism should not be tantamount to religious intolerance. Truesecularism should be accompanied by admission that people are free to practice their religion,ensuring the right to be different.
Ghandi ed. See C. Evans, supra n. France GC ,no. VI regarding theimporting of kosher meat. It could be argued, though,that the law was intended in the ecological sense, and does not refer to animal abuse. It is arguable that the exclusive consideration of religious freedom might lead to extremesituations, such as sacrificing animals by adherents of various cults.
We do not examine this topic in this article. Of course, it is possible to claim that precisely to support the secular character of theFrench state, it is necessary to prohibit ritual slaughtering. As we have pointed out, we shouldunderstand that secularism should leave room for religious tolerance. Supra Sec. III A. Garde, supra n. See Gary L. Kant recognizes that man has an indirect obligation not to be cruel to animals. His opinionis vulnerable to criticism on the basis that animals do not exist to fulfill the needs of man but existby their own right. The Kantian attitude dominates, to a certainextent, the debate on the status of animals.
See generally infra Sec. Bentham recognized that different species merit equal treatment. Hisopinion about animals is well known:The day may come when the rest of the animal creations may acquire those rights whichnever could have been withheld from them by the hand of tyranny. The French havealready discovered that the blackness of the skin is no reason why a human being shouldbe abandoned without redress to the caprice of the tormentor.
It may one day come to berecognized that the number of legs, the villosity of the skin or the termination of sacrumare reasons equally insufficient for abandoning a sensitive being to the same fate. Singer is a supporter of utilitarianism, but on the basis of equality. Speaking in terms of utilitarianism may be too sweeping because utilitarianism includes variousconcepts and could be used in different contexts.
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Bentham, supra n. Coleman ed. That is considered discriminating between a human and non-human animals on theground they belong to different species. Regan, The Case for Animal Rights, supra n. It is noteworthy to point outthat Rabbi I. Ein Haia, Shabbat, vol. His ideas have beenharshly criticized. See id. Gary L. Press [hereinafter Francione, Animals, Property, and the Law] proposing that we should not relate toanimals in terms of property. Press [hereinafterRaz, The Morality of Freedom].
According to Raz, rights are based on the principle ofreciprocity. Animals cannot have rights because they cannot claim rights. Furthermore, how canwe maintain that animals have rights if they are the property of man and subject to his will withcertain limitations? If so, is not man obliged to honor those belonging to different referentialgroups?
Person A can only claim rights from B if A has the choice to demand a certain conductfrom B and is in a position to enforce it. According to this criterion, animals cannot be regardedas having rights because they do not have the choice to implement their rights. Only humans can. This approach does not explain why people with handicaps, who cannot claim their rights arenevertheless regarded as having rights.
For example no one would argue that animals have a right to education or citizenship. Where utilitarianism fails to provide for concern and respect for persons, rights becomenecessary. The idea of rights as trumps has generated critics. Dworkin, Taking RightsSeriously, at providing a response to Prof. Raz, The Morality of Freedom, supra n. This argument is based on the view that the issue of cruelty to animals concerns theprotection of human feelings, not the enforcement of an ethical norm.
The case of bull fighting is justified in countries like Spain on the ground that it is part ofa national tradition, indeed sometimes understood as ritual practice. There is, of course, adistinction in that the discussion on ritual slaughtering is not as much about the practice, slaughtering as about the particular method.
In the countries condoning bull fighting, the verypractice is at stake. We can point out the position of Rabbi Ovadia Yoseph who argues that this practice isprohibited according to Jewish law. See Eshkoli, supra n. Although protection is needed for religious sentiments, the freedom of religion orfreedom from religion are universal values, as we shall see below.
Wilson eds. For example, in certain countries, Sikhs riding motorcycles are exempted from wearingcrash helmets because they wear turbans. Jacob T. Press ; see also Kymlicka, supra n. Wemight also cite the permission for the church to produce wine during Prohibition in the U. Levy, id.
Paolo Borsellino: Il Valore Di Una Vita by Umberto Lucentini
Jones, F. According to Jewish tradition, this practice stems from the times of Noah—after thedeluge. See supra nn. From thepoint of view of species survival, it could be argued that domesticated animals are a biologicalsuccess because they survived in greater numbers than wild species. Humans have a vestedinterest in cattle and poultry and promote their proliferation by methods which are not alwaysacceptable. Whether bringing a living thing into the world also gives the right to put it to death isa complex issue outside the scope of this discussion.
See Jones, F. Pamela D. Frasch et al. Jerusalem Hebrew [hereinafter Kook, Telalei Oroth] essay on vegetarianism. See text accompanying infra nn. For some observant Jews, eating meat should be understood as an obligation on Shabbatand Holidays. See Barry, Culture and Equality, supra n. Dworkin, Taking Rights Seriously, supra n. It is sufficient to mention certain cults performing unusual actions, including cruel tortureof pets. The problem here is not the permission for whaling, but the cruel methods used by theaboriginals. European Convention on Human Rights art.
Indeed, there are cases in which thefreedom of religion is impaired and it is not deemed discrimination, for example, if the prohibitionof displaying religious expressions was applied to the entire population. PoliticalConstitution of the United States of Mexico art. Nahrstedt v. Lakeside Condo.
Savinon, A. Valley Auth. Hill, U. See Golan, supra n. The prohibition began with the emigration of Jews to Switzerland from Czarist Russia. This is the opinion expressed in the report of the Swiss Institute of Comparative Law. It is interesting to note that the liberal Italian newspaper La Stampa also found aconnection between the prohibition and antisemitism. Warhaftig, supra n.
This was the case also for my late grandfather, Prof. Alfredo Michael Rabello A. Rabbi B.
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Uziel, Sefer Mishpete Uziel Responsa , vol. Rabbi J. Weinberg, Seride Esh: sheelot uteshuvot, Responsa edited by A. Hacohen Rapoport, Havaad lehozaat kitve hagaon harav J. The subject of this Responsum is himum habeemot aliede chashmal the stunment of animals by electricity. Sheelotutshuvot Responsa Seridei Esh. The foul tyrant, head of the Nazi regime and thousands more like him will perish fromthis world, but our holy religion will prevail forever.
The Jews in Germany must standthis ordeal for our holy religion and for the sake of our brethren all over the world. If—God forbid—we rule to be lenient regarding this type of slaughter, we would endangerJewish kosher slaughter all over the world.
We have to show the world that we areprepared to suffer for our religion, and when our enemies see that the prohibition ofkosher slaughter does not divert Israel from religion—perhaps they would let it go. Church of the Lukumi Babalu Aye v. City of Hialeah, U. Church of the Lukumi Babalu Aye, U. Incidentally, Justice Scalia commented that even if the ordinances only intended toprotect animals, it was illegal. Indeed, militant defense of animals, even withoutulterior motives, could harm minorities. See infra at text accompanying nn. Around 3,, Muslims are living in Germany. See Euro-Islam.
The number of Jews is around , Curnutt, supra n. City of Hialeah U. Press Kan. We do not know of any other religion in Europe with problems regarding the slaughteringof animals for food. A similar problem concerns Confucianism but it is about treatment ofanimals after death. In any case, the question is of theoretical interest. We have referred before to the leniency we find in certain non-European legislation as totribal practice. This is the case of Filipino law. See supra n. Conversely, we can take theexample of Hinduism that, unlike other faiths, considers the cow a sacred animal.
We certainly donot expect a uniformity of religious attitude to animals, but this does not mean that it is necessaryto abandon improvements in the situation of animals throughout the world and avoid cruelty. VI regarding the issue of imported meat. See T. See supra Sec. It should be noted that University of Cairo is not a Muslimreligious authority, and there were some misunderstanding as to the exact meaning of this fatwa. The case concerned a Turkish resident without German citizenship.
In Germany, local arrangements have been in force for many years to satisfy the needs ofMuslims, including importing halal meat.
Langenfeld, supra n. Kastner, supra n. Kymlicka, supra n. They areprotected by special laws. The provisions dealing with things shall analogously apply to them,insofar as not yet otherwise provided. See 7 U. AnimalWelfare in Europe, supra n. Slaughter cannot be humane byany method, for slaughter is cruel.
And yet the slaughter of animals being a necessity, must beperformed as humanely as possible. Judah the Patriarch editor of the Mishnah. The Talmud inquires the reason for thesuffering which R. Judah has had to endure, and says that they had come and gone as a result ofhis conduct. Kook, Hazon ha-tsimhonut veha-shalom, supra n.
See Rowan et al. Of course scientific developments always involve ethical issues. See Weinberg, supra n. Schochet, supra n. In this interview Dr. Chason argues also that CO2 induced anesthesia was preferable to electric stunning.