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Beit Midrash Shabbat and Holidays The Melachot

Feeding the Birds

39
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Question #1: Was Mom Wrong?
"My mother always shook out crumbs in our backyard on parshas Beshalach. Although she was frum her whole life, she had little formal Jewish education, and all of her Yiddishkeit was what she picked up from her home. I discovered recently that Shemiras Shabbos Kehilchasah prohibits this practice. So how could my mother have done this?"
Question #2: Dog Next Door
"We have an excellent relationship with our next door neighbor, who happens not to be Jewish, although I am not sure if that affects the question. They are going away on vacation and have asked us to feed their pets while they are away. May I do so on Shabbos?"
Question #3: In the Zoo
"How are zoo animals fed on Shabbos?"
Introduction:
Many people have the custom of scattering wheat or breadcrumbs for the birds to enjoy as their seudas Shabbos on Shabbos Parshas Beshalach, which is called Shabbos Shirah. This practice, which we know goes back hundreds of years, has engendered halachic discussion as to whether it is actually permitted. I will first explain the reasons for the custom and then the halachic issues and discussion, which we can trace from the earliest commentaries on the Shulchan Aruch to the recent authorities. I am also assuming that there is no problem of carrying – in other words, we are discussing scattering food within an area enclosed by an eruv.

Manna on Shabbos
To explain the reason for this practice that my mother taught me and that my mother-in-law taught my wife, we need to first look at our parsha. Moshe informed Bnei Yisroel that no manna would fall on Shabbos morning, and that the double portion received on Friday would suffice for two days. The Torah teaches that some Jews went to look for manna anyway on Shabbos morning, but did not find any.
According to the traditional story, Doson and Aviram took some of their own leftover manna from Friday, which means that they went a bit hungry that day. They placed this manna outside the Jewish camp, and in the morning they informed the people that manna had fallen. Their attempt to discredit the miracle failed when the people went to look and found nothing there. This was because some birds had arrived to eat the manna before the people would find it. To reward the birds for preventing a chillul Hashem, people spread food for the birds to eat.

Like the birds
I saw another reason for this practice, also related to the falling of the manna. According to this reason, placing feed for birds is to remind us that Hashem provided food for us in the desert, similar to the way birds readily find their food without any difficulty.

Birds sing
Others cite a different basis for the practice. According to this version, the reason for feeding the birds on this Shabbos is because on Shabbos Shirah, we commemorate the Jews singing praise to Hashem after being saved at the Yam Suf. According to this reason, the birds also sang shirah at the Yam Suf, and we feed them to commemorate the event (Tosafos Shabbos 324:17, and several later authorities who quote him). As a matter of fact, the Hebrew word tzipor is based on the Aramaic word tzafra, which means morning, and expresses the concept that birds sing praise to Hashem every morning (see Ramban, Vayikra 14:4).
There is a fascinating account transmitted verbally from the Tzemach Tzedek of Lubavitch, who heard from his grandfather, the Ba’al HaTanya, that their ancestor, the Maharal of Prague, would do the following on Shabbos Shirah: First, he told the rebbei’im of the schools and the fathers to bring the children to the shul courtyard. He then instructed the rabbei’im to relate to the children the story of Keri’as Yam Suf, how the birds sang and danced while Moshe and the Bnei Yisroel sang Az Yashir, and that the children crossing Yam Suf took fruits from trees growing there and afterward fed them to the birds that sang.

No local songbirds
Although I have not yet explained the halachic controversy surrounding this custom, I will share a difference in practical halacha that might result from the dispute between the different reasons. According to the first two reasons, one would spread food for the birds, even if one lives in an area where the bird population includes no songbirds. According to the third approach, in such a place there would be no reason to observe the practice.

Questionable practice
Notwithstanding that Jews have been observing the custom of spreading food for birds on Shabbos Shirah for several hundred years, there is a major halachic controversy about its observance. This is based on a Mishnah and a passage of the Gemara that discuss whether on Shabbos one may provide water and food for birds and other creatures that are not dependent on man for their daily bread or birdseed. The reason for this prohibition is, apparently, because this type of activity, being unnecessary for one’s observance of Shabbos, is viewed as a tircha yeseirah. I will explain this as "distracting exertion," meaning that Chazal did not want us involving ourselves in what they determined to be unnecessary activities, since this detracts from the sanctity of the Shabbos day.
I have seen much discussion about the custom of feeding birds on Shabbos Shirah, but virtually all in Ashkenazic sources. It seems to me that this custom is either predominantly or exclusively an Ashkenazic practice. The only Sephardic authority I have found who mentions the practice is the Kaf Hachayim, who lived in the twentieth century, and whose work predominantly anthologizes earlier commentaries on the Shulchan Aruch. Therefore, his reporting the Ashkenazic authorities who discuss the custom does not necessarily reflect that any Sefardic communities observed this practice.
At this point, we need to discuss the background to the halachic question about the practice of feeding the birds on Shabbos Shirah.

The original source
The Mishnah (Shabbos 155b) rules that one may not place water before bees or doves that live in cotes, but one may do so before geese, chickens and Hardisian doves.

What type of dove?
There are actually three different texts of this Mishnah. According to one version, one is prohibited to water "Hardisian" doves (Rashi), which refers to a geographic location where they raised doves similarly to the way ducks or geese are raised as livestock. A second version prohibits providing water to "Herodian" doves (Rambam, Bartenura). This text refers to a variety of domesticated bird developed by Herod, or, more likely, by his bird keepers. (The Meleches Shelomoh cites a third text, which is not pertinent to our discussion.)
In a passage of Gemara relevant to the mitzvah of shiluach hakein, the prohibition against taking the mother bird and her eggs or young offspring, the Gemara (Chullin 139b) provides two texts and explanations as to which of these two types of birds, Hardisian doves or Herodian doves, is excluded from the prohibition. In the context of shiluach hakein, the prohibition is dependent on the birds being ownerless, and both Hardisian and Herodian doves have owners. (From the Gemara’s description, it appears that Herodian doves may have been a variety of parrot or other talking bird. We have no mesorah that parrots are a kosher species of bird, which is one of the halachic requirements for the mitzvah of shiluach hakein, but that does not preclude understanding the Gemara this way.)
In either instance, it is permitted to take both the mother and the offspring of both Hardisian and Herodian birds, because the Torah prohibits doing so only when the birds are hefker, ownerless, which these birds are not. The Gemara describes the large numbers of these birds that were raised, something that today’s breeders of chickens can only envy.
Although these varieties of birds were well known at the time of the Mishnah, by the time of the Gemara, these varieties were heading toward extinction.

Watering birds
Returning to the Mishnah in Shabbos, according to either text, "Hardisian" or "Herodian," one may provide these birds with water on Shabbos. Our first question is why the Mishnah permits one to water geese, chickens and these doves, but not bees nor doves that reside in cotes. The Gemara provides two answers to explain why there is a difference.
The first answer is that bees and most doves are not dependent on mankind for their sustenance, whereas geese, chickens, and these varieties of domesticated doves are. The Gemara then provides a second answer that limits the prohibition to water, since it is readily available without human assistance. According to the second answer, there is no prohibition against feeding birds on Shabbos. The prohibition is only that one should not provide water to those birds and insects that can easily get their hydration on their own.

Feeding on Yom Tov
According to some rishonim, we find a similar discussion regarding providing food for animals on Yom Tov (Rashi, Beitzah 23b).

Dogs versus pigs
In the same discussion of Gemara, it quotes a beraisa (a teaching dating back to the era of the Mishnah) that permits feeding dogs on Shabbos, but prohibits feeding pigs. The beraisa itself asks why there is a difference, and explains that the sustenance of one’s dogs is dependent on the owner, but the sustenance of his pigs is not.
This leads to an obvious question: Both of these species are non-kosher, yet the beraisa does not prohibit feeding one’s dogs. It also does not say that it depends on whether he owns them or not. Rashi explains that since a curse was placed on any Jew who raises pigs (see Sotah 49b), Jews should not be responsible for feeding them, and therefore Chazal prohibited doing so. Although pigs are often domesticated by people who are not concerned about observing the halacha that prohibits raising them (Sotah 49b), Chazal expanded this prohibition and ruled that, even should someone own a pig, he may not feed it on Shabbos since the sustenance of a pig should not be dependent on a Jew (see Rashi, Shabbos ad locum; Magen Avraham, Machatzis Hashekel). On the other hand, one may feed dogs on Shabbos, since it is permitted to own a dog, particularly in a farm setting, where dogs are useful for herding sheep and other activities.

Only my dog?
In relation to this question, we find a dispute among early acharonim. The Magen Avraham, one of the greatest of the early commentaries on the Shulchan Aruch, rules that you may feed any non-dangerous dog on Shabbos, whether you own it or not. He understands that the Gemara meant that you may feed any animals that are dependent on man, and you may feed all dogs, but you may not feed any pigs, even when they are dependent on man, since a Jew is not supposed to raise pigs (Machatzis Hashekel).
On the other hand, other authorities rule that one may feed a dog only when it is dependent on a Jew for food (see Elyah Rabbah 324:11).
The halachic authorities note that there are a few instances in which it is permitted for a Jew to own a pig. One situation is when he received it as payment of a debt; another is that he inherited it from someone not observant. The halacha is that he is permitted to sell it, and that he may wait until he is offered a market value price for it. In the interim, he is permitted to feed it, even on Shabbos, since it is dependent on him for food (Machatzis Hashekel).
Based on this analysis, the geonim permitted feeding silkworms on Shabbos (Beis Yosef and Shulchan Aruch, Orach Chayim 324:12). Similarly, some authorities explain that the Gemara’s discussion is only about feeding animals that one does as a matter of course, but that one may and should provide food to any animal that is hungry (Aruch Hashulchan, Orach Chayim 324:2).

Which way do we rule?
The authorities dispute which answer of the Gemara we follow. The Rif, the Rambam (21:36) and the Shulchan Aruch (Orach Chayim 324:11) conclude that we follow the stricter approach, whereas the Ran and the Olas Shabbos conclude that the more lenient approach may be followed. Thus, according to the Shulchan Aruch’s conclusion, one may not provide either food or water on Shabbos to bees, doves or any other creature that is not dependent on man, while according to the Ran, one may provide them with food but not water. It should be noted that, in situations where it is permitted to feed the animals, one may even put food directly in their mouths (Shulchan Aruch, Orach Chayim 324:10).

Nextdoor dog
At this point, we can mention the last of our opening questions. "We have an excellent relationship with our next door neighbor, who is not Jewish, although I am not sure if that affects the question. They are going away on vacation and have asked us to feed their pets while they are away. May I do so on Shabbos?" "How are zoo animals fed on Shabbos?"
The second question is easy to answer. Since these animals are in captivity, they are dependent on man for food, and one is not only permitted, but required, to make sure that they have adequate feed on Shabbos. The first question may be a bit more complicated. These animals generally are not dependent on the Jewish neighbor, but this Shabbos they will be. I refer those who want to analyze this question further to a short piece by Rav Shelomoh Zalman Auerbach, quoted in Shulchan Shelomoh (Chapter 324), in which he discusses a related topic.

The custom on Shabbos Shirah
At this point, we should discuss our opening question, whether it is indeed permitted to feed birds on Shabbos Shirah. The Magen Avraham (324:7) mentions the practice of providing grain for birds to eat on Shabbos Shirah, and states that the practice is in violation of the halacha. This approach is followed by most of the halachic commentaries, including the Elyah Rabbah, the Machatzis Hashekel, the Shulchan Aruch Harav, and the Mishnah Berurah. However, there are some authorities who justify the practice. For example, the Tosafos Shabbos suggests it is permitted, since we are doing it not to make sure the birds are fed but to perpetuate the minhag. Thus, he posits, the ethical and religious intent renders the activity permitted. A few of the later commentaries – those who, in general, strive to justify common practice – are lenient, either citing the reason of the Tosafos Shabbos, or similar approaches (Aruch Hashulchan 324:3; Daas Torah).

Muktzah
An interesting additional halachic side point is that the early authorities discuss scattering grains, or specifically wheat, to the birds. In earlier days, when people owned farm animals and used grains as feed, these grains were not muktzah on Shabbos. However, most of us do not own raw grain, and, since we can neither grind it nor cook it on Shabbos, and we do not eat it or feed it to animals as raw kernels, these grains are muktzah on Shabbos (see Aruch Hashulchan 517:2).

Shaking out the tablecloth
Even among the very late authorities, we find a dispute as to whether one may feed the birds on Shabbos Shirah. The sefer Shemiras Shabbos Kehilchasah (27:21) rules that one should not, following the approach of the Magen Avraham and the Mishnah Berurah. However, he suggests a way of fulfilling the custom without creating any halachic problem. His advice is to shake out the tablecloth after the meal in a place where the birds can eat the crumbs. He bases this on the ruling of the Eishel Avraham of Butchach (324:11 s.v. Gam), who says that, when throwing or discarding food, there is no requirement to make sure that one does not throw it in front of animals. The prohibition is doing extra work on behalf of animals that otherwise will be able to fend for themselves easily. Shaking out the tablecloth is not an unnecessary Shabbos activity.
Another suggestion is to spread crumbs before Shabbos, which allows the birds to feast on them on Shabbos without involving any halachic question.
On the other hand, Rav Eliezer Yehudah Valdenberg contends that feeding birds on Shabbos Shirah has an old, venerated history – he notes that he remembers it being practiced in the households of many gedolei Yisroel, without anyone questioning whether one may. He mentions the different reasons cited above why one may be lenient (Shu"t Tzitz Eliezer, Vol. XIV, #28). In conclusion, I advise each reader to ask his or her own rav or posek whether to follow the practice.

Conclusion
We should not conclude from this discussion that halacha is opposed to our taking care of animals. The Tosefta (Bava Kama, end of Chapter 9) states, "Rabbi Yehudah said, in the name of Rabban Gamliel: ‘Know this sign well: as long as you act with mercy, Hashem will have mercy on you.’" Sefer Chassidim #666 notes: If we are merciful to our animals, Hashem and others will be merciful to us.
The point is that when the animals can easily take care of themselves, we should be devoting Shabbos to our own personal growth and not become distracted from this goal. After all, Shabbos is our reminder that Hashem created the entire universe.



Rabbi Yirmiyohu Kaganoff
Was the Rabbi of the Young Israel of Greater Buffalo, the Congregation Darchei Tzedek and also served as a dayan on the Beis Din of Baltimore. Now is a Rabbi in Neve Yaakov, Jerusalem. His Shiurim and Q&A can be found on his site: www.rabbikaganoff.com
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