Question: Is it permitted to raise sheep or goats in Israel nowadays?
Short Answer: There is a dispute amongst the contemporary poskim whether this is permitted or prohibited.
Explanation:
I. The Source
The Mishnah (Bava Kama 79b) states that it is forbidden to raise “small animals,” such as sheep and goats, in Eretz Yisrael. It is permitted, however, to raise such animals in Suria (a conquered town that had the status of Chutz LaAretz) or in the wilderness of Eretz Yisrael. The Gemara (79b-80a) adds that it is likewise permitted to raise small animals in the forests of Eretz Yisrael. The Gemara likewise states that one may purchase and hold small animals 30 days before Yom Tov or before a wedding, as long as these animals are no longer held in your possession after the holiday/wedding.
The Gemara also cites the opinion of Rabban Gamliel, who holds that it is permitted to hold small animals in your possession, as long as they are “tied to your bed.” Rashi notes that the chachamim disagree. This is clear from the next line of Gemara, which recounts a story about a sick person who kept an animal by his bed for medicinal purposes but regretted this “sin.”
The Gemara further quotes Rav, who held that Bavel has the status of Eretz Yisrael for the laws of small animals.
II. The Reason
Rashi (on the Mishnah, ibid) explains the reason for the prohibition of raising small animals in Eretz Yisrael as “yishuv Eretz Yisrael.” In other words, the small animals will destroy the land, which is supposed to be for B’nei Yisrael to use themselves.
The Rambam (Hilchos Nizkei Mamon 5:1-2) gives a different reason. You cannot raise small animals in Eretz Yisrael because the animals will invariably damage other people’s property and you will be liable.
The Shulchan Aruch (Choshen Mishpat 409:1) paskens the reason of the Rambam, that there is a concern that the small animals will cause damage to the neighbor’s property and fields.
III. Nowadays
The Shulchan Aruch (ibid) adds that nowadays, where it is not common for Jews in Eretz Yisrael to own fields, this prohibition does not apply. The Sma (1) adds that this prohibition would apply to raising the small animals in the house. The Sma (2) further adds that this prohibition would apply in any country where a majority of the Jews live and have fields, but that this is not relevant “nowadays” (the late 1500s) because such a country does not exist.
Notably, this author adds that neither the Shulchan Aruch nor the Sma discuss simply owning animals, including 30 days before the holidays, as opposed to raising them, despite the Gemara discussing such distinction.
The Vilna Gaon (Biurei HaGra 1) explains that the Shulchan Aruch himself is the poseik who introduced that this law does not apply nowadays, but it is loosely based on Rashi (and Tosafos) who understand that this prohibition only applies when a majority of Jews are in the area (as opposed to being connected to yishuv Eretz Yisrael which may apply nowadays).
The Kaftor VaFerach (perek 10) disagrees with the Shulchan Aruch. He is clear that even if nowadays there are no other Jews in Eretz Yisrael, it is forbidden to raise small animals there. Since the reason is because of yishuv Eretz Yisrael, it is forbidden, regardless of the existence of Jews. The k’dushah of Eretz Yisrael is eternal.
The upshot so far is that even though the Shulchan Aruch himself permits raising small animals in Eretz Yisrael “nowadays,” the Kaftor VaFerach disagrees. Moreover, it is unclear what the Shulchan Aruch would rule in the 21st century, where a large part of the Jews are in Eretz Yisrael. Does the prohibition return?
IV. Other Leniencies
Regardless, the Rama MiPano (85) suggests a different leniency. The prohibition only applies to cases where the small animals are allowed to freely roam on the land (similar to a large farm). It is permitted, however, to raise them if they are kept locked up in a protected barn or gated area.
The obvious question on this Rama MiPano is that his ruling appears to contradict the Gemara, which held that it is forbidden to raise these small animals even if they are “tied to your bed.” The magia (footnotes) on the Rama MiPano address this question. The Gemara was only dealing with a “gavra rabbah” – a great person – who should have been strict, and therefore it is forbidden for such an individual to raise these animals even if tied to his bed. For a regular farmer, though, it is permitted to raise these small animals if they are guarded.
V. Practically Speaking
May we rely on any of these leniencies nowadays to permit the owning of small animals in Eretz Yisrael?
The Sheivet HaLevi (4:227) was asked this question. He responded by citing the above machlokes between the Shulchan Aruch and the Kaftor VaFerach whether this prohibition applies to Eretz Yisrael that lacks “rov Yisrael” (majority of Jews). He posits that even the Shulchan Aruch would have agreed with the Kaftor VaFerach had he known of his opinion. Moreover, a further proof to the opinion of the Kaftor VaFerach is that many poskim do not distinguish between nowadays and in the times of the Gemara, implying that both are forbidden. Also, nowadays, there is a majority of Jews living in Eretz Yisrael, so the reasoning of the Shulchan Aruch no longer applies. The Sheivet HaLevi thus concludes that he does not know how or why people are lenient on this matter nowadays.
The Tzitz Eliezer (7:24), on the other hand, suggests a few reasons to be lenient nowadays. First, the Rama MiPano is certainly a reason to be lenient, especially if there are other reasons to be lenient, as well. Second, the animals are often watched and guarded by a dedicated third party, thereby preventing damage. Third, the implicit understanding of these yishuvim that raise such animals is that everyone waives their claims for damages done by each other’s animals. Fourth, if the animals are kept inside, there is certainly room to be lenient. The Gemara was only strict because it was a big tzadik who had done so, and the chachamim felt that he should have refrained from taking in the animal.
Rav Yosef Shalom Elyashiv zt”l (cited in Chashukei Chemed, Pei’ah 2:3) held that it was forbidden to raise small animals, but noted that in Petach Tikva’s by-laws, it is written that people waive their rights to collect damages incurred by other’s animals. This is a valid leniency.
The T’shuvos V’Hanhagos (4:322) was asked how we can support companies that sell goat milk and goat cheese in Eretz Yisrael, as there is seemingly a prohibition to raise small animals in Eretz Yisrael. He suggests that this prohibition does not apply nowadays, when animals are not left to graze freely. Certainly, we should not penalize companies by not buying their products, even if there was a prohibition nowadays. However, the T’shuvos V’Hanhagos concludes that he visited Rosh HaAyin, and he saw that all the farmers are lax about letting their animals graze in other people’s fields. He chastised them that they are violating this prohibition.
Finally, Klalei Hilchos N’zikin (p. 195) cites Rav Chaim Kanievsky zt”l, who said that b’nei Torah should refrain from raising such animals, but that there is certainly room to be lenient for the general populace.
Rabbi Ephraim Glatt, Esq. is the Associate Rabbi at the Young Israel of Kew Gardens Hills, and he is a Partner at McGrail & Bensinger LLP, specializing in commercial litigation. Questions? Comments? Email This email address is being protected from spambots. You need JavaScript enabled to view it..