We are continuing in siman 5. The siman began with discussing using a dog to capture another animal, and the cases in which one would be chayav mideoraysa and chayav miderabanan.
The Chayei Adam continues, and writes that there is an additional concern of muktzah in these cases. In the way the Chayei Adam described the case, the dog tired the animal until the human was able to grab it. However, Chazal imposed an issur on riding an animal, out of concern that one would use a branch as a prod to move the animal. Once they imposed an issur on riding the animal, they made all animals muktzah as well. Thus, in addition to the concern of tzad, grabbing the animal is muktzah as well.
This point leads us to the question regarding handing pets on Shabbos. There is a seif in Shulchan Aruch which discusses drying one’s hands on the tail of a horse on Shabbos, which would seem to indicate that touching an animal is not muktzah. The Biur Halacha concludes, based on this halacha, that petting an animal may not be a problem of muktzah, even though picking up the animal would still seem to be muktzah.
On the other end, it is clear in halacha that it is muttar to walk an animal. Even though tiltul muktzah (carrying muktzah) is generally assur, it is clear in halacha that walking an animal is muttar, because the animal moves on its own.
Regarding picking up an animal, the Maharach Ohr Zarua writes that if one has a small aquarium with fish, since it is used by people as an adornment to the home, it now has a function and is not considered muktzah. (The Maharach Ohr Zarua, Rav Chaim, was the son of the Ohr Zarua who named his sefer of Teshuvos after his father.) The poskim–including the Chayei Adam, Mishnah Berurah, and Kitzur–do not quote this argument, but nevertheless there are people rely on it and extend it to any pet. Obviously, even according to those who accept this opinion, the specific parameters of this argument have to be figured out. For example, a horse, which is clearly meant for riding, is not precluded from being muktzah. If it is relevant, one should discuss the question further with their rav.
Summary
- In the cases of using a dog to tire an animal in order to capture it, there is an additional issue of muktzah when the human touches and picks up the prey.
- This issue of muktzah applies to pets as well. There is an argument brought in a rishon that maybe a pet could be considered an adornment for the home and therefore not assur. However, the primary poskim do not quote this heter. If relevant, one should discuss the question with their rav.
