The Torah commands in Parashat Ki-Teseh (22:6) that when one encounters a bird’s nest, he may not take the mother bird together with the eggs or chicks. He may take the eggs or chicks only after sending away the mother bird. This command is formulated as a Misvat Lo Ta’aseh – a prohibition against taking the mother bird together with her young. In the next verse (22:7), the Torah adds a Misvat Aseh (affirmative command) to send away the mother bird. This command is known as Shilu’ah Ha’kan – “sending away the bird.”
The Sefer Ha’hinuch writes that one who takes the mother bird with her young is not liable to Malkut, despite transgressing a prohibition by committing a forbidden action, because this command falls under the category of “Lav Ha’nitak La’aseh.” Meaning, this violation can be rectified by fulfilling the associated affirmative command: after taking the mother bird with the chicks or eggs, the individual can rectify his wrongdoing by now sending away the mother. Violating a “Lav Ha’nitak La’aseh” is not punishable by Malkut, and so one who takes a mother bird with her young is not liable to Malkut. However, the Sefer Ha’hinuch adds, this applies only if the violation can still be rectified. If one took the mother bird with the eggs or chicks, and the mother died before the person sent it away, then he indeed is liable to Malkut, because his transgression can no longer be corrected.
The Sefer Ha’hinuch then adds that because of this possibility – that the mother bird might die before it is sent away – one should not first take the mother bird together with the chicks. Instead, one should first send away the mother bird, before taking the eggs or chicks, because otherwise, if he takes the mother with her young, the mother might die and he will then be in violation of this command. Later writers noted the surprising implication of the Sefer Ha’hinuch’s comments, that the Misva can be fulfilled either way – by first sending away the mother bird, or by taking the mother with the eggs and chicks and then sending away the mother. The Sefer Ha’hinuch merely recommends sending away the mother bird first due to the risk that it would die before being sent away – strongly implying that inherently, it is perfectly valid to first take the mother with the eggs and chicks and then send her away. This is very surprising, as from the text of the verses it certainly sounds as though one is required to first send away the mother bird, but may rectify his mistake if he didn’t by sending the mother away afterward.
In explaining the reason for this command, the Sefer Ha’hinuch writes that G-d’s Hashgaha (providence) extends to all creatures, including animals. Hashem cares for each and every species of animal, and sees to it that no species He created will ever go extinct. For this reason, the Sefer Ha’hinuch explains, the Torah forbids taking a mother bird together with her young – because this gives the appearance of wishing for the extinction of the species. Taking the eggs or chicks together with the mother symbolizes the elimination of that entire species, which is contrary to G-d’s will for the world. Ensuring to first send away the mother bird leads a person to recognize this concept – that Hashem created every species for a purpose, and wants every species to remain in existence. This will, in turn, heighten the person’s awareness of G-d’s providence over the world, leading him to greater meticulousness in his Torah observance, such that that he will earn long life in this world, and a share in the world to come.
The Sefer Ha’hinuch adds that the fulfillment of this Misva brings the blessing of fertility. The verse states, “You shall send away the mother, and the children – you shall take for yourself,” which could be read to mean that by sending away the mother bird, one will be blessed with children.
The Sefer Ha’hinuch proceeds to cite the Mishna’s famous ruling in Masechet Berachot (33b) that if one prays, “Al Kan Sipor Yagi’u Rahamecha” – that G-d should have compassion on him like He has mercy on the mother bird – he must be silenced. Such a prayer is considered illegitimate. One view in the Gemara explains that a person is not allowed to pray in this manner because this prayer expresses the notion that this command was given out of compassion for the mother bird. We are to approach this Misva as a divine decree which we are to obey, and not as a measure of compassion toward the bird.
However, the Rambam, in Moreh Nebuchim, advances the view that indeed, the reason for this Misva is to show mercy to the mother bird, that it should not witness its young being taken. The view expressed in the Gemara, the Rambam writes, is not the accepted opinion. That view follows the school of thought that Misvot are to be regarded solely as divine decrees, and we should not make any effort to understand their underlying reasons. The accepted opinion, however, is that while we are, of course, bound to all the Misvot unconditionally, regardless of whether we understand their reasons, we are to try to understand their reasons to the best of our ability. According to the Rambam, then, the reason for the Misva of Shilu’ah Ha’kan is to show compassion for the mother bird, and the view in the Gemara that denies this reason is not accepted.
The Ramban, as the Sefer Ha’hinuch cites, explains differently. The purpose of this Misva cannot be to show compassion for the mother bird, the Ramban argues, for if this were true, then it would be forbidden to slaughter birds and animals for meat. Rather, the Torah wants us to become more compassionate and sensitive. We show mercy to the mother bird not for its sake, but for our own personal growth and development, to engender within us the quality of mercy and compassion.
After this discussion, the Sefer Ha’hinuch proceeds to articulate the philosophical basis for his entire work. He points out that both the Rambam and the Ramban make it clear that there is a reason for the Misva of Shilu’ah Ha’kan. They work off the assumption that we should not simply follow the Misvot, without trying to understanding their reasons, but should rather endeavor to uncover their purpose. Both the Rambam and the Ramban – whom the Sefer Ha’hinuch describes as “Amudeh Olam” (“pillars of the world”) – advanced the view that we are encouraged to find the reasons behind the Misvot, the benefits that they provide. The Sefer Ha’hinuch writes that it was on the basis of these two luminaries that he wrote this book, in which he endeavors to explain the reasons for the 613 Misvot. He emphasizes that our performance of Misvot certainly provides no benefit to G-d, who is not lacking anything and does not need anything. The benefits of the Misvot are for us, and the Sefer Ha’hinuch strove to find the benefits provided by each and every Misva. He adds that although there were some Misvot for which he was unable to find any explanation, this is due to his limited intellect, and not because these Misvot have no reasons.
These Misvot – the prohibition against taking the mother bird with its young, and the affirmative command to send the mother bird away – apply in all times and places, and are binding upon both men and women.
It is worth sharing in this context a personal story about the Misva of Shilu’ah Ha’kan and its rewards. After the terrible tragedy that occurred at Meron in Israel on Lag Ba’omer, 5781 (2021), when 45 precious souls were lost in a stampede, I took it upon myself to help the families. I succeeded in raising a quarter of a million dollars, and I obtained a list of all the affected families and the information about each one’s needs, to determine how much to allocate for each family. Finally, one Mosa’eh Shabbat, I sat down with the Rabbi who was helping me, and we ate Melaveh Malka and wrote all the checks. We put the checks in envelopes with a warm letter expressing our sympathy and friendship, and prepared them to be delivered to the families. I then suggested to the other Rabbi that we go drink “Le’haim” to thank Hashem for the opportunity to perform such a precious Misva.
Several minutes later, I received a phone call from a Rabbi I know.
He said, “Rabbi, remember a few years back, you told me that if I ever come upon an opportunity for Shilu’ah Ha’kan, I should get in touch with you? Well, I found one right now, here on McDonald’s Ave. The nest is Hefker (ownerless), so you can perform the Misva.”
I was amazed. As the Mishna in Pirkeh Abot (4:2) famously teaches, “Sechar Misva Misva” – the reward for a Misva is another Misva. I told him that I would come right away. I recited Birkat Ha’mazon, and proceeded straight to the bird’s nest to perform the Misva of Shilu’ah Ha’kan. I sent away the mother bird, and now this Rabbi and I found ourselves with a number of tiny chicks. The Rabbi suggested that we go to a Shohet (slaughterer). At 1:30am, that Mosa’eh Shabbat, we went to a Shohet who performed the Shehita and cleaned the carcasses for us. The next day, we enjoyed a small barbeque.
After presenting the Misva of Shilu’ah Ha’kan, the Torah discusses the Misvot relevant to a new home, a new vineyard, and garments. The Sages inferred from this sequence of presentation that in reward for fulfilling the Misva of Shilu’ah Ha’kan, one is blessed with a new home, a new garden, and new clothing. Sure enough, several weeks after this incident, I received a phone call from somebody involved in the yeshiva where I recently accepted a new job, suggesting that I should wear new suits for this job. He asked if he could pay for five new suits. Never before had anyone offered to buy me suits. Around the same time, my wife started doing renovations in our home, which, with G-d’s help, worked out very well. Then, one day I was sitting out on my porch, and a young man approached and offered to make a nice garden for me. He explained that he does landscaping and was making a garden for my neighbor, so he thought he would ask if I would like one, as well. And thus, within a month or so of fulfilling the Misva of Shiu’ah Ha’kan, I was blessed with new clothing, a renovated home, and a new garden. (Additionally, we were blessed with grandchildren.) I saw firsthand that the Torah’s promises are true, that showing compassion to G-d’s creatures – even the animals – arouses His compassion upon us, and brings us great blessing.