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Shiluach HaKan: Difference between revisions
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#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. | #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?== | ==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) <Ref>Shulchan Aruch Y.D. 292:7. | #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> | ||
