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Shiluach HaKan: Difference between revisions
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#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.<Ref>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.</ref> 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.<Ref>Responsa Minchas Elazar 3:43</ref>. 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 <Ref>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</ref>, 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. | #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.<Ref>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.</ref> 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.<Ref>Responsa Minchas Elazar 3:43</ref>. 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 <Ref>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</ref>, 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. | #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. | ||
#Common Birds Fit for Shiluach Hakan by Geographical location include:1)American Robin-North America 2)Canada Goose- North America 3) European Robin Europe, Eretz Yisroel 4)Mallard Duck- North and Central America, Europe, Asia 5)Mourning Dove – North and Central America 6)Northern Cardinal- Eastern and Central U.S., Central America7)Palm Dove – Eretz Yisroel, Africa, Europe | #Common Birds Fit for Shiluach Hakan by Geographical location include:1)American Robin-North America 2)Canada Goose- North America 3) European Robin Europe, Eretz Yisroel 4)Mallard Duck- North and Central America, Europe, Asia 5)Mourning Dove – North and Central America 6)Northern Cardinal- Eastern and Central U.S., Central America7)Palm Dove – Eretz Yisroel, Africa, Europe 8)Pigeon – Worldwide 9)Sparrow- Worldwide | ||
8)Pigeon – Worldwide | |||
9)Sparrow- Worldwide | |||
==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.</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> | ||
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#Once the mother bird has flown away, one must take the eggs or chicks.<Ref>Chazon Ish (Y.D. 175:2). See Chofetz Chaim in Sefer Hamitzvos Hakatzar 74 and Aruch Hashulchan 292:4. However, in a minority opinion, Responsa Chacham Tzvi (83) holds that one need not take any offspring. He interprets “Habanim tikach lach” as optional, similar to “Sheshes yamim ta’aseh melachtecha.” Even if there is only one egg or chick, the mitzvah may be fulfilled, though the Torah uses the plural “Banim” (Shulchan Aruch Y.D. 292:1).</ref>Even if the mother bird is watching, one still fulfills the mitzvah. To perform a halachic acquisition, they should be lifted to a height of three tefachim (about 12 inches).<Ref>Based on Beiur Halacha (O.C. 366 s.v. tzarich), they could alternatively be held entirely in one’s hand to create a kinyan chatzer.</ref> Upon completion of the mitzvah, one may put back the eggs or chicks and need not keep them.<Ref>Shiluach Hakan, Feldheim, pg. 65, quoting contemporary poskim.</ref> | #Once the mother bird has flown away, one must take the eggs or chicks.<Ref>Chazon Ish (Y.D. 175:2). See Chofetz Chaim in Sefer Hamitzvos Hakatzar 74 and Aruch Hashulchan 292:4. However, in a minority opinion, Responsa Chacham Tzvi (83) holds that one need not take any offspring. He interprets “Habanim tikach lach” as optional, similar to “Sheshes yamim ta’aseh melachtecha.” Even if there is only one egg or chick, the mitzvah may be fulfilled, though the Torah uses the plural “Banim” (Shulchan Aruch Y.D. 292:1).</ref>Even if the mother bird is watching, one still fulfills the mitzvah. To perform a halachic acquisition, they should be lifted to a height of three tefachim (about 12 inches).<Ref>Based on Beiur Halacha (O.C. 366 s.v. tzarich), they could alternatively be held entirely in one’s hand to create a kinyan chatzer.</ref> Upon completion of the mitzvah, one may put back the eggs or chicks and need not keep them.<Ref>Shiluach Hakan, Feldheim, pg. 65, quoting contemporary poskim.</ref> | ||
#After one takes the eggs or chicks, they may be declared hefker by the one who acquired them and then returned to the nest.<Ref>Under certain circumstances it is possible that if a child fulfilled the mitzvah no one else may fulfill the mitzvah on those same eggs or chicks since a child cannot effect hefker. (See Mishne L’melech Hilchos Mechira 29:1 that hefker m’daas is considered da’as acheres makneh. Therefore if an adult was mafkir and then the child was koneh, the child could not be mafkir.)</ref> After the mother bird returns, another person may fulfill the mitzvah. In this way, the same nest may be used over and over again.<Ref>If the eggs cool down too many times, they may no longer be viable (University of Arkansas Division of Agriculture). The mitzvah is not fulfilled on non-viable eggs.</ref> | #After one takes the eggs or chicks, they may be declared hefker by the one who acquired them and then returned to the nest.<Ref>Under certain circumstances it is possible that if a child fulfilled the mitzvah no one else may fulfill the mitzvah on those same eggs or chicks since a child cannot effect hefker. (See Mishne L’melech Hilchos Mechira 29:1 that hefker m’daas is considered da’as acheres makneh. Therefore if an adult was mafkir and then the child was koneh, the child could not be mafkir.)</ref> After the mother bird returns, another person may fulfill the mitzvah. In this way, the same nest may be used over and over again.<Ref>If the eggs cool down too many times, they may no longer be viable (University of Arkansas Division of Agriculture). The mitzvah is not fulfilled on non-viable eggs.</ref> | ||
==References== | ==References== | ||
<references/> | <references/> | ||
