1)

Why does the Torah use the expression "Ki Yikarei Kan Tzipor ... ".

1.

Rashi: To confine the Mitzvah of Shilu'ach ha'Ken to where one comes across the nest by chance - to preclude what is Mezuman 1 (available for you to take whenever you want). 2

2.

Chulin 139b & 140b: To teach us that the Mitzvah of Shilu'ach ha'Ken is confined to where one comes across the nest, and that one is not obligated to go and search for one in order to fulfil the Mitzvah, 3


1

See also Ba'al ha'Turim.

2

See Torah Temimah, note 45.

3

This implies that if one comes across a bird's nest, it is a Mitzvah to send the mother bird away and take the egs - even if he does not want to eat the eggs. See Torah Temimah, note 67, who elaborates on this point.

2)

What are the implications of the words "Kan" and "Tzipor"?

1.

Chulin 140b: "Kan" implies that one is Chayav to send away the mother even for one chick or one egg, 1 whereas the term "Tzipor" applies to a Tahor bird exclusively - Chulin, 139b. 2


1

See Torah Temimah, note 47.

2

See Torah Temimah, note 48.

3)

Why does the Torah insert the word "Lefanecha"?

1.

Chulin, 139b: To teach us that the obligation to send away the mother bird applies even to a nest which belonged to you but where the birds rebelled (and no longer allowed to come close). 1

2.

Chulin, 139b: "Lefanecha", implies that the nest is in the R'shus ha'Yachid, 2 "ba'Derech", that it is in the R'shus ha'Rabim.


1

See Torah Temimah, note 49.

2

See Torah Temimah, note 50.

4)

Why does the Torah insert the word "ba'Derech"?

1.

Refer to 22:6:1.2:2.

2.

Chulin, 139b: To confine the Mitzvah of Shilu'ach ha'Ken to a nest where the birds, like a road, are not under your jurisdiction - such as doves that nested in a dove-cot or in the attic, in a pitcher or in a pit, and geese and chickens that nested in an orchard, but to preclude homing pigeons and 'Yonei Hardesi'os - pigeons that King Herod bred. 1

3.

Chulin, 139b: To include a bird's nest that one finds in the sea 2 - which the Navi also calls 'Derech'. 3


1

See Torah Temimah, note 51.

2

See Torah Temimah, note 52.

5)

What are the connotations of "Lo Sikach ha'Eim al ha'Banim"?

1.

Rashi: It means that one may not take the mother whilst she is still (crouching) on the babies [or eggs]. 1


1

See Sifsei Chachamim.

6)

Why does the Torah insert "Lefanecha ba'Derech"?

1.

Chulin, 139b #1: "Lefanecha" refers to a Reshus ha'Yachid. "Ba'Derech" refers to a Reshus ha'Rabim, and precludes birds that have made their nests inside your house and Herodian pigeons. 1 which are 'in your hand..' 2

2.

Chulin 139b #2: "Lefanacha" includes birds that were owned and fled. "Ba'Derech" includes a nest on the sea - "ba'Yam Darech."


1

Which roam among the people - See Sifsei Chachamim.

2

The Gemara retracts from this, for we include all places from "b'Chol Etz Oh Al ha'Aretz." (PF)

7)

Why does the Torah add the words "O Al ha'Aretz"?

1.

Chulin 139b: To include a nest that is inside a pit, a trench or a cave.

8)

What are the implications of "Rovetzes"?

1.

Chulin, 140b: It precludes where the mother is hovering above the fledglings or the eggs, but includes where its wings are touching the nest.

9)

What are the ramifications of the comparison of the "Efrochim" to the "Beitzim"?

1.

Chulin, 140b: To compare the eggs to the fledglings, in that they can live, 1 and the fledglings to the eggs, in that, like the eggs, they are not (yet) able to fly. 2


1

To preclude eggs that have gone rotten (and cannot produce fledglings).

2

To preclude birds that are able to fly and are no longer dependent on their mother. See also Ba'al ha'Turim.

10)

What is the underlying reason behind the Mitzvah of Shilu'ach ha'Ken?

1.

Ramban #1, Rashbam and Targum Yonasan: Refer to Vayikra, 22:28:3:1. 1

2.

Ramban #2: The same reasons apply here and to the Mitzvah of "Oso ve'Es B'no Lo Sishchatu be'Yom Echad." Refer to Vayikra, 22:28:3:2.

3.

Ramban #3 (citing Moreh Nevuchim): Because the feelings of a mother towards her children are the same in an animal as in humans, and it is therefore particularly cruel to kill a baby animal in front of its mother. 2

4.

Rashbam: Because it is cruel. 3

5.

Oznayim la'Torah #1: Because, due to the fact that, as opposed to other species of animals, it lays eggs - which rely on the mother for a long time until they hatch and then, again, until the fledglings are ready to fend for themselves, the love between the mother and the babies is exceptionally strong and it would be cruel to take the babies from in front of the mother. 4

6.

Oznayim la'Torah #2: The Torah forbids to take the mother, not the eggs or the fledglings, so as not to exploit the bird's love for its babies (See answer #5) - seeing as it is only due to that love that it did not fly away when the person approached the nest, but remained to defend its babies with its life if necessary. 5


1

Ramban: The same reasons apply here and to the Mitzvah of "Oso v'Es Bno Lo Sishchatu b'Yom Echad" - in Vayikra 22:28.

2

See Ramban DH 've'Kasav ha'Rav'. And the same reason applies to "Oso ve'es Bno Lo Sishchatu be'Yom Echad", in Emor Vayikra, 22:28.

3

Rashbam: And that is also the reason for the Mitzvah of "Lo Sevashel G'di ba'Chalev Imo" - in Mishpatim Sh'mos, 23:19, and "Oso v'es B'no Lo Sishchatu b'Yom Echad" - in Emor Vayikra, 22:28. See Rashbam.

4

See Oznayim la'Torah, DH 'Ki Yikarei ... '.

5

See Oznayim la'Torah DH 've'ha'Eim Rovetzes'.

11)

What if a male bird is sitting on the eggs?

1.

Chulin 140b (according to the Chachamim) and Sifri: He is exempt from the Mitzvah of Shilu'ach ha'Ken, even if it is a male Korei (partridge), which normally sits on the eggs. 1


1

Torah Temimah, note 55. According to R. Eliezer, he is Chayav with regard to a male Korei.

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