Chapter 27
Laws Relating to Animals on Shabbath and Yom Tov
CATCHING ANIMALS
33.a. 1) The Torah prohibition is infringed only if the animal is held or if it is confined within a space
small enough for one to be able to catch it easily.
2) The prohibition includes, by way of example,
a) chasing a deer into a small building, fenced-off garden or enclosed yard in which it can easily be caught and shutting the door or gate on it,
b) chasing a bird into a cage and closing its door and
c) taking a fish out of the sea inside a container.
33.b.1) A Rabbinical prohibition is infringed if the animal is confined inside a space within which one cannot catch it easily.
2) Examples of the Rabbinical prohibition are
a) chasing a deer into a large, spacious building, fenced-off garden or enclosed yard, in which it cannot easily be caught, and shutting the door or gate on it,
b) chasing a bird into a house and closing the door and
c) chasing a fish into a pool which one then shuts off from the main body of water.
34.a. The prohibition against catching animals does not apply to those domestic animals, such as cows and sheep, which are not in the habit of trying to escape when one catches them.
34.b. One is permitted to drive such an animal into its pen, and one may then close the gate.
34.c. Nowadays, hens also fall within this category, as they are not in the habit of escaping from someone who tries to catch them.
34.d. At all events, one should not take an animal of this kind with one’s hand to put it into its pen or cage, since animals are muktzeh.
