Question: Is it permitted for a person to own a dog nowadays?

Short Answer: Many poskim permit owning a non-violent dog and possibly even a violent dog if always on a leash. Nevertheless, the poskim primarily frown upon the practice of b’nei Torah owning dogs.

 

Explanation:

I. The Source

The Mishnah (Bava Kama 79b) writes that it is forbidden to raise dogs unless they are perpetually tied with a chain. Rashi explains that the fear is that the dog will bite and bark, and a pregnant woman will miscarry as a result.

The Gemara (Bava Kama 83a) adds that it is permitted to raise dogs in a city that borders a dangerous town of non-Jews. The dogs are to be tied up during the day but may be let loose at night to protect the city. The Gemara continues that one who raises dogs is cursed, just like one who raises pigs. The Gemara concludes that Bavel has the status of a city that borders a dangerous town.

The Gemara (Bava Kama 15b) likewise discusses dogs. Here, however, the Gemara holds that it is forbidden to raise a “bad dog” in your house because of the pasuk “Lo tasim damim b’veisecha.” See also Gemara (Shabbos 63a).

II. Shulchan Aruch

The Shulchan Aruch (Choshen Mishpat 409:3) holds that it is forbidden to raise a “bad dog” unless it is tied to an iron chain. The Shulchan Aruch permits one to raise such dogs close to a dangerous city, and these dogs may be allowed to roam unleashed at night for protection.

The Rama (ibid) cites an opinion that we are lenient “in all cases” nowadays, because we are always near a dangerous area surrounded by non-Jews. He adds that, nevertheless, one should only raise a “bad dog that attacks” if attached to an iron chain. Notably, the Yam Shel Shlomo (Bava Kama, Perek Merunah, siman 55) disagrees with the Rama: It is always forbidden to raise an unleashed bad dog, as we do not risk danger in order to save money.

III. Which Dog?

Interestingly, while the Shulchan Aruch appears to codify the above sources in the Gemara, the Shulchan Aruch limits this ruling to a “bad dog” – not all dogs, like the language of the Gemara. This implies that it is permitted to raise regular non-bad dogs anywhere and without a leash. The sefer Klalei Hilchos N’zikin (p. 195) notes that this is the opinion of numerous poskim, including the Hagahos Maimoniyos (Hilchos Rotzei’ach 11:3). This opinion understands that the Gemara (Bava Kama 15b), which limits the prohibition to “bad dogs,” argues with the other sources in the Gemara. We pasken like this gemara, and that only “bad dogs” must be perpetually leashed.

On the other hand, the Klalei Hilchos N’zikin (ibid) cites the Rambam (Hilchos Nizkei Mamon 5:9) who rules that all dogs are included in this prohibition. The Gemara (Bava Kama 15b) was the original prohibition, which was expanded to all dogs, as seen from the other Gemara sources. See Torah T’mimah (D’varim 22:8, n. 79).

Notably, Klalei Hilchos N’zikin clarifies that a “bad dog” is classified, according to Rashi, as a dog that barks or bites, thereby scaring and endangering pregnant women.

IV. Practically Speaking

From a practical level, the contemporary poskim debate whether one may own a dog nowadays.

The Maanei Lashon (5:8) holds that, despite the strict opinions on this topic, including the Yaavetz who forbids raising all dogs, we follow the simple understanding of the Shulchan Aruch and the Rama that a non-bad dog is permitted. This is especially true with a trained dog or a dog who serves a specific purpose for its owner. Nevertheless, he concludes that it is not appropriate to waste time with animal ownership, especially where the owner treats the animal better than a child.

Similarly, Kovetz Mah Tov Ohalecha Yaakov (Rav Meir Alkubi, 17, p. 385) writes that it is permitted to raise a non-dangerous dog nowadays, but it is not appropriate for one to do so, especially a family of “b’nei Torah.”

The Sheivet HaLevi (6:241) permits owning a non-dangerous dog and permits, as well, owning a dangerous dog on a leash. But, he does note that this is the manner of ignorant people.

Separately, the Mishneh Halachos (5:297) queries whether it is sufficient, according to the Shulchan Aruch who permits dangerous dogs on leashes, to instead put up a sign warning those about the (unleashed) dog. The Mishneh Halachos rules that it is insufficient to merely warn of the dog, but you may instead gate the dog (i.e., instead of a leash).

Finally, Rav Chaim Jachter shlita (Journal of Halacha & Contemporary Society No. XXIII, Spring 1992, Pesach 5752) concludes, in a comprehensive article on this topic, that the majority position is to permit owning non-violent dogs, even though many frown upon this practice from a hashkafic perspective. He also notes some positives in owning a dog, including acquiring an appreciation of the magnificence of Hashem’s creation.

 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..