Misva #294: Not to Slaughter an Animal and Its Young on the Same Day

The Torah commands in Parashat Emor (Vayikra 22:28), “Oto Ve’et Beno Lo Tish’hatu Be’yom Ehad” – that one may not slaughter an animal and its young on the same day. This applies regardless of whether the animals are slaughtered as sacrifices or for food. The Sefer Ha’hinuch offers two explanations for this command. First, he writes that slaughtering an animal and its young on the same day gives the impression as though one wishes to eradicate the species. Symbolically, slaughtering a mother and a child in the same day reflects the destruction of this species of animal. The Sefer Ha’hinuch writes that although animals are not under the same level of Hashgaha (providence) as human beings – as G-d oversees even the details of the life of every human being (called “Hashgaha Peratit” – “detailed providence”), but not of animals – nevertheless, G-d protects every animal species. He ensures to preserve each and every species which He created, and indeed, the Sefer Ha’hinuch writes, no species which G-d created has ever or will ever become entirely extinct. We are to acknowledge His care for every species by refraining from slaughtering an animal and its young on the same day, which would symbolize the eradication of that species. Secondly, the Sefer Ha’hinuch writes, the Torah issued this command in order to avoid developing a cruel character. Although we are permitted to slaughter animals for food, nevertheless, the Torah put a number of restrictions in place in order to ensure that we do not develop an element of cruelty as a result of animal slaughter. Slaughtering an animal and its young involves a degree of cruelty, and so the Torah forbade it. This command forbids both slaughtering the mother and then the child, as well as slaughtering the child and then the mother. The Gemara teaches that there were four days during the year when it could be assumed that people who purchased an animal planned on slaughtering it for meat that day. As such, on these four occasions, one who sells an animal after having sold its mother or young that same day must inform the buyer that the animal he purchases may not be slaughtered that day. The buyer is not required to ask whether the animal’s mother or young was sold that day; it is the seller’s responsibility to provide this information to the seller. The reason is that from the buyer’s perspective, this is a situation of “Sefek Sefeka” (two uncertainties). First, he does not know whether or not this animal has a mother or a child in the first place; and, secondly, even if the animal does have a mother or child, it is unknown whether the mother or child is going to be slaughtered that day. If an animal has two children, and, after the mother was slaughtered, one slaughters both children that same day, he has violated this prohibition twice, and is thus liable to two sets of Malkut. This prohibition does not forbid slaughtering an animal and its grandparent or grandchild. Although regarding human beings there is a Halachic principle that grandchildren are, in certain respects, considered like children, this rule does not apply to the animal kingdom. Therefore, it is entirely permissible to slaughter an animal and its grandparent or grandchild the same day. This prohibition applies at all times, in all places, and to both males and females. One who violates this prohibition is liable to Malkut.