Religion Magazine

Restraining Order on a Rooster, Preferring Fowl Surrogacy

By Gldmeier @gldmeier

When I used to have fowl running around our porch and yard, our neighbors did not complain, but enjoyed sending their kids to look at the goose, the ducks or the chickens. Even when they occasionally made noise too early in the morning, people let it slide. Th eone time we heard a complaint about our bird was when the bird-flu was running rampant, a neighbor was nervous our goose might get stricken with the bird-flu and present a danger to the neighborhood. Eventually all the kosher pets were shechted and eaten.
In Pardess Hana things work differently.
A person raising eggs ran into trouble with his neighbors. A couple sued their neighbor for keeping hens in his yard, along with a rooster for the purpose of fertilizing the eggs. The rooster was the problem, as it would make a lot of noise. The plaintiff, the neighbor, is handicapped from his army service, rated at 100% disability, and the noise form the rooster is very disturbing to him. The rooster is a serious nuisance, and is even causing him health problems due to anxiety. They even got the veterinary services to remove the birds from the yard. So he claims in his lawsuit.
Eventually the fellow got birds again, including a couple of roosters that made a lot of noise during all hours of the day and night. The plaintiff even bought one of the roosters from his neighbor and removed it form the area, but the second one remains a problem.
There is a general lawsuit pending, and this appeal to the court was basically just an attempt to get a restraining order to remove the rooster and not allow him to get a new rooster until the main lawsuit would be heard.
The defendants response is that he wants to raise his eggs into chickens and to do so he needs a rooster for the purpose of fertilization of the eggs.
The judge said that he leans towards deciding in favor of the neighbor. There is no loss to the chicken owner, as he can buy fertilized eggs and have his hens sit on them to hatch them, yet it remains a serious nuisance to the neighbor. The hens are able to bring baby chicks int the world even sitting on a different hens eggs that  have already been fertilized.
The judge stressed this is only a temporary order, and eventually the rooster will be able to be brought home, depending on the decision of the main lawsuit.
(source: Ladaat)
It sounds to me like this judge decided the hens must be directed towards a surrogate pregnancy, until further notice...

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