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#The mitzvah may only be performed before the chicks develop the ability to fly on their own (approximately two weeks after hatching) <Ref>Shulchan Aruch Y.D. 292:7.</ref> | #The mitzvah may only be performed before the chicks develop the ability to fly on their own (approximately two weeks after hatching) <Ref>Shulchan Aruch Y.D. 292:7.</ref> | ||
#The mitzvah must be performed on an ownerless nest. <Ref>This is derived from the pasuk which states, “Ki yikarei” -- when you happen upon a nest. Chulin 138b, Shulchan Aruch YD 292:2</ref>. 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. <Ref>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.</ref> | #The mitzvah must be performed on an ownerless nest. <Ref>This is derived from the pasuk which states, “Ki yikarei” -- when you happen upon a nest. Chulin 138b, Shulchan Aruch YD 292:2</ref>. 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. <Ref>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.</ref> | ||
# The mitzvah only applies when the mother is sitting on its eggs or chicks. If it is hovering over them and is touching there is a mitzvah, but if it is flying above them without touching them there is no obligation.<ref>Shulchan Aruch Y.D. 292:11</ref> | |||
#The mitzvah may not be performed on [[Shabbos]] or [[Yom Tov]]. <Ref>Responsa Chasam Sofer O.C. 100. One issue is that of [[muktzah]], and another is that according to the reasoning of the Zohar cited above, it is improper to arouse Heavenly distress on [[Shabbos]].</ref> | #The mitzvah may not be performed on [[Shabbos]] or [[Yom Tov]]. <Ref>Responsa Chasam Sofer O.C. 100. One issue is that of [[muktzah]], and another is that according to the reasoning of the Zohar cited above, it is improper to arouse Heavenly distress on [[Shabbos]].</ref> | ||
==Bracha Requirement== | ==Bracha Requirement== | ||
#There is no bracha recited prior to performing this mitzvah. One reason given for this is that the bird may fly away of its own volition after the brocha is recited, and the mitzvah will not have been fulfilled. <Ref>Most authorities state that no brocha is recited. See Birchei Yosef Y.D. 292:1 citing Rishonim. However, Aruch Hashulchan 292:10 interprets differently and holds a brocha is recited.See also: Responsa Binyan Tzion Hachadashos 14. See Pischei | #There is no bracha recited prior to performing this mitzvah. One reason given for this is that the bird may fly away of its own volition after the brocha is recited, and the mitzvah will not have been fulfilled. <Ref>Most authorities state that no brocha is recited. See Birchei Yosef Y.D. 292:1 citing Rishonim. However, Aruch Hashulchan 292:10 interprets differently and holds a brocha is recited.See also: Responsa Binyan Tzion Hachadashos 14. See Pischei Teshuva Y.D. 292:2.</ref> | ||
==Steps in fulfilling this mitzvah appropriately== | ==Steps in fulfilling this mitzvah appropriately== | ||
#Upon approaching the nest one should first intend on [[sending away the mother bird]]. One doesn't need to pick up the mother and send her away, but rather, any stimulus which can cause the mother to fly away is sufficient.<Ref>Rashi (Chulin 141b), Chazon Ish (Y.D. 175:2). ;However, many understand the Rambam (Hilchos Shechita 13:5) as ruling that one must pick up the bird with his hands and send her away. (Aruch Hashulchan Y.D. 292:6. See, however, Responsa Binyan Tzion Hachadashos 14 and Sefer Kan Tzipor pg. 30 ). Many contemporary gedolim were seen and photographed using a stick, and that is the common custom.See Responsa Torah Lishma 278.</ref> | #Upon approaching the nest one should first intend on [[sending away the mother bird]]. One doesn't need to pick up the mother and send her away, but rather, any stimulus which can cause the mother to fly away is sufficient.<Ref>Rashi (Chulin 141b), Chazon Ish (Y.D. 175:2). ;However, many understand the Rambam (Hilchos Shechita 13:5) as ruling that one must pick up the bird with his hands and send her away. (Aruch Hashulchan Y.D. 292:6. See, however, Responsa Binyan Tzion Hachadashos 14 and Sefer Kan Tzipor pg. 30 ). Many contemporary gedolim were seen and photographed using a stick, and that is the common custom.See Responsa Torah Lishma 278.</ref> | ||
