By the Grace of G-d8th of Elul, 5725 (Sept. 5, 1965) Brooklyn, N.Y.
William Mapol, Esq.
Administrative Vice-President
ASPCA
441 East 92nd Street
New York 28, N.Y.
Greetings:
This is to acknowledge receipt of your letter of August 27th, in which you inquire as to my position in regard to the introduction of a certain change in the method of preparing animals for Shechita.
I assume you have in mind specifically my position in regard to the Bill proposed for the State Legislature in Albany, which would make it mandatory to use a certain restraining pen in the preparation of the animal for Shechita.
I am unequivocably opposed to this or any similar legislation for the following reasons:
Firstly, the method used in preparation of the animal for Shechita affects the position of the head and throat of the animal. Hence it is directly connected with the process of Shechita which, as you know, is one of the most fundamental and sacred tenets of our religion.
Consequently, any attempt to legislate in this area would be a direct invasion of the religious practices of our Jewish people.
The question of whether or not the proposed method would accord with Jewish Law (Halacha) is therefore irrelevant to the issue, since the very deliberation by the Legislature on a matter of religious practice would be a violation of the principle of religious freedom.
Secondly, - and this is merely an added consideration, inasmuch as the reason stated above is sufficient in itself - there are Rabbinic authorities who have ruled that the proposed method is, in fact, inadmissible under Jewish Law.
I am fully aware, of course, that certain other Rabbinic authorities are of the opinion that the proposed method would not violate Jewish Law. Obviously, however, this is a matter to be resolved by the Rabbinic authorities, not by any government agency, nor by any lay body.
Moreover, there can be no justification to dictate to any community or congregation to go against their own Rabbis who prohibit the use of a particular method, however preferable it may seem to others; or leaving them the alternative of being deprived of kosher meat according to their own standards of kashrut, which would mean no meat at all for them.
As a matter of fact, it is astonishing that in this day and age there should be any attempt at all to introduce such a Bill. In the light of what you say about your sincere desire not to infringe in any way upon the matter of Shechita, which is so sacred to the Jewish people, nor pose any threat to it, I can only conclude that you have been misinformed on this matter.
Finally, may I say that it is not within the sphere of my activities to arbitrate, or resolve, differences of opinion arising between Rabbinic authorities in matters relating to the application of Halacha, nor have I been called upon to do so. In any casе, the crucial point is that the issue at hand does not rest on any such resolution, since what is involved here is the principle of religious freedom, as stated above.
I am certain that the Union of Orthodox Rabbis of the U.S.A. and Canada would be glad to answer any further questions you may wish to make pertaining to this matter.
I appreciate your thoughfulness in having written to me.
Cordially,
Notes and sources
Source: Secretarial carbon copy
Published: Tesurah Wenger-Rosenfeld (13 Kislev, 5786).
Note: This letter is sourced from the archives of Rabbi Nissan Mindel, the Rebbe’s secretary entrusted with transcribing the Rebbe’s orally dictated responses. The archive consists of secretarial copies that may not include the Rebbe’s final edits, as well as drafts and unsent letters.