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Shiluach HaKan: Difference between revisions
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==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> | ||
#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 | #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> | ||
