Hot answers tagged shiluach-haken
It is easy to falsify the assertion that those are the only two mitzvos whose reward is stated. In fact, there is an entire category of mitzvos discussed in the g'mara, for which "matan s'charah b'tzidah" - "its payoff is [written] next to it". One ramification of being included in this group is that one cannot be coerced by the courts to perform those ...
It does not apply to "planned birds". (Chullin 12:1) Basically, it has to be that you encounter it in the wild.
There is a responsa of the Ben Ish Hai brought in the fourth volume of the set published by Ahavat Shalom, that says it must be for the sake of taking the eggs(or young) on account of Tzarat Ba'alei Haim, as the mother may not return and you would thus be the cause of the starvation of the young.
The sefer Shaleiach Tishalach (Hebrew ed. p. 38) cites a dispute about this. According to Raavad, Rokeach, the Aruch HaShulchan and others, one indeed recites a blessing before fulfilling this mitzvah. But most Rishonim (e.g., Rashba, Meiri, Rabbeinu Bachya) and many Acharonim disagree, and this seems to be the prevailing custom. Some recommend saying the ...
From http://www.star-k.com/kashrus/kk-shiluach-hakan.htm Even if one does not eat the offspring after taking them, and his sole motivation is to perform the mitzvah, he has properly fulfilled the mitzvah. To perform a halachic acquisition, they should be lifted to a height of three tefachim (about 12 inches). Upon completion of the mitzvah, one may ...
Common, common misunderstanding. It's not: Don't make the mother bird feel bad to see her eggs taken away. It is, instead: Maternal instinct prevents the mother from fleeing when a predator approaches the eggs. Don't take advantage of that maternal instinct and take the mother too. (Heard from my father in the name of R' Yaakov Weinberg zt'l; ...
I will, bli neder, try to find sources but I recall that there is a major shita that al pi sod one should do so even when one has no need.: Pischei Teshuvah 292:1 cites the Chavos Yair chapter 67 that one is required to send away the motherbird even if he has no need for the eggs/chicks. A number of authorities including the Aruch HaShulchan rules ...
I'm pretty sure that we try and do shiluach haken with any bird we reasonably think might be kosher (robin, finch, cardinal, etc.); even if we're not positive enough to eat it, on the (good) chance that it is a kosher species, we should do shiluach haken. While I could be mistaken, I've never heard of a shiluach haken story where someone stopped to ...
You overlooked it. It's in the Pitchei Tshuvah YD 292 sk 2
This is a big dispute between halachists who are more rationalist vs. those who are more mystically oriented. According to 'rationalists', who view it as an act of mercy, if you don't need the eggs / chicks, then it is an act of cruelty, for no reason, so of course you should not chase away the mother bird. Ones who hold like this include Rokeach, Meiri, ...
The source is the Gemara in Kedushin 39b and Chulin 142a. דתניא רבי יעקב אומר אין לך כל מצוה ומצוה שכתובה בתורה שמתן שכרה בצדה שאין תחיית המתים תלויה בה בכיבוד אב ואם כתיב (דברים ה) למען יאריכון ימיך ולמען ייטב לך בשילוח הקן כתיב (דברים כב) למען ייטב לך והארכת ימים
I think that the most straightforward answer to this question would be to suggest that, in Rabbinic Hebrew, קן ("nest") is also used metonymically to refer to the bird itself. So, for example, throughout Tractate Kinnim of the Mishna, where kinnim (קנים, "nests") is a way of referring to the birds. There are numerous examples of rabbinic metonyms. Another ...
The derivation is pretty straightforward -- the verse says "should you happen upon ..." which sounds like it's in the wild. As far as the underlying lesson, the point is not: Oh the mother bird doesn't see what happens to the babies. The point is: Normally the mother bird would flee, but because of maternal instinct it's staying. Don't take ...
The source of the story with Elisha Ben Abuya is Ruth Rabbah Parsha 6 #4 (on the paseuk 3:13). It's brought in shortened form in Tosafot Hagigah 15a.
The Posuk clearly implies it can be done for the birds too, not only for the eggs. In addition as inSeattle answered the requirement is regardless of need or want.
There are plenty of Gedolim pictures when they do exactly that: They look for a bird to chase it away and fulfill the mitzva(In general it is almost impossible to do it unintentionally as you actually have to push the bird, and not just scare it)
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