Shiluach HaKan
From Halachipedia
Who is obligated in this mitzvah?
- This mitzvah may be performed both by men and women . [1]
Which Birds are included in this mitzvah?
- Only kosher birds are eligible for this mitzvah. When determining which birds are kosher to eat, we require a clear mesorah, tradition, that our ancestors ate these birds.[2] However, when determining which birds are fit for the mitzvah of Shiluach Hakan, we may rely on the physical signs of kosher birds as delineated by Chazal.[3]
Therefore, we can distinguish among three categories of birds: 1) Kosher birds which we eat and may use to fulfill the mitzvah, for example certain species of pigeons, doves, geese, and ducks; 2) Birds which exhibit kosher signs [4], yet do not have a clear mesorah, for example sparrows, robins, cardinals, and orioles. These birds may be used to fulfill the mitzvah, but they are not considered kosher to eat; and 3) Birds which are definitely non-kosher with which we should not perform Shiluach Hakan. This includes eagles, ravens and other birds of prey.
- It is important to note that the mitzvah is only performed when sending away the mother bird. This is usually the bird that is resting on the nest at night. Therefore, night is the optimal time to perform the mitzvah.
When is the mitzvah applicable?
- The mitzvah may only be performed before the chicks develop the ability to fly on their own (approximately two weeks after hatching) Cite error: Closing
</ref>missing for<ref>tag. Therefore, if one has a nest in one's property the mitzvah may not be performed. However, some authorities hold that one may declare the nest hefker (ownlerless) in front of three non-related people, thereby allowing the mitzvah to be performed. [5]
References
- ↑ Sefer HaChinuch 545
- ↑ Ramo Y.D. 82:3. The Torah lists twenty-four species of non-kosher birds; all others are deemed kosher by the Torah. However, our translation of the Hebrew names for birds is not always accurate.
- ↑ Responsa Minchas Elazar 3:43
- ↑ Briefly, kosher birds that are sitting on a branch place three toes in front and one in back, non-kosher birds place two in front and two in back. Kosher birds also have a crop and their gizzards can be peeled. In general, birds of prey are not kosher (Chulin 59a). Another sign of kosher birds is that their eggs are not symmetrical; one end is wider than the other
- ↑ If the mother has not yet left the nest since laying her eggs, all would agree that one may fulfill the mitzvah on his property (Shulchan Aruch Y.D. 292:2). Since the owner himself is forbidden to take the eggs while the mother is incubating them, the property cannot acquire on his behalf at that point. However, it would be extremely difficult to determine that the bird has never left the nest.
