Does the Mitzvah of chasing away the mother bird apply regardless of wanting the eggs or babies?
Question submitted to “Ask the Rabbi” by:
Name: Michael Abels
City: Jerusalem, Israel
Full Question:
Does the Mitzvah to chase away the mother bird apply regardless of wanting the eggs or babies?
If you take the eggs or babies, can you eat them? If not, why are you chasing the mother bird to acquire them?”
Rabbi Tully Bryks responds:
One of the 613 commandments is to shoo away the mother bird prior to taking the baby birds or eggs[1]. Like all other Divine commandments, we can never fully comprehend all of the potential multiple benefits and ripple effects of this Mitzvah. Here is just a glimpse at the potential meaning behind this Mitzvah:
- Instills compassion in the one performing the Mitzvah[2]
- Displays compassion for the mother bird[3]
- Helps to preserve G-d’s creations[4]
- Evokes G-d’s compassion on the world[5]
- Hastens the Redemption and the coming of the Mashiach (Messiah)[6]
- Recognizes the mother bird’s bravery in protecting her young[7]
In addition to these and many other potential physical and spiritual benefits to performing this Mitzvah, there are also specific rewards ascribed to this Mitzvah. These include:
- Longer life[8]
- Getting married[9]
- Having children[10]
- Obtaining a house[11]
- Protection from evil spirits[12]
With regard to whether this Mitzvah applies even if one has no desire for the baby birds or eggs, the answer is “sort of.” If one desires the baby birds or eggs, then the Mitzvah is obligatory and one must shoo away the mother bird first. If one has no need for them, then even though there is no obligation to shoo away the mother bird according to most authorities, many still rule that performing the action of temporarily shooing away the mother (in the proper fashion) would still be commendable. In other words, while one would not be obligated to take any action, one would reap the benefits of performing a Mitzvah by doing so[13].
It is noteworthy that one can only fulfill this Mitzvah with a Kosher bird[14] (such as a dove, duck, goose and some types of pigeons) or a bird which exhibits kosher signs, even though we may not consume them in the absence of a clear tradition[15] (such as a cardinal or robin). However, one cannot fulfill this Mitzvah with birds which are definitely not kosher (such as predatory birds).
To learn more, click on any of the suggestions below the footnotes:
[1] Devarim (Deuteronomy) 22:6-7, Sefer Hachinuch, Mitzvah 545
[2] Ramban (Nachmonides), Devarim 22:7
[3] Rambam (Maimonides), Moreh Nevuchim (Guide for the Perplexed) 3:48 – While this may seem to contradict the Mishna in Berachos (33B) which tells us to silence a person who claims the reason for this Mitzvah is compassion for the mother, it could be that the Mishna only meant to admonish someone who claims that compassion for the mother is the ONLY reason.
[4] Sefer Hachinuch, Mitzvah 545, Rabbeynu Bchaya, Devarim 22:7
[5] Tikkunei Zohar 6, Vilna Gaon on Mishlei (Proverbs) 30:17
[6] Midrash Rabbah, Devarim 6:6
[7] Meom Loez, Devraim 22:7
[8] Devarim (Deuteronomy) 22:6-7
[9] Midrash Tanchuma, Ki Seitzei 1-2
[10] Midrash Rabbah, Devarim 6:6
[11] Kli Yakar, Devraim 22:7, Maharal, Gur Aryeh 22:7
[12] Midrash Rabbah, Devarim 6:6
[13] Sefer HaChinuch, Mitzvah 545, Chacham Tzvi 83, Rav Hirsch, Chorev, Chapter of Shiluach Hakan, Aruch Hashulchan 392:1-3 and Sefer Shiluach Hakan, page 65, note 30 in the name of Rav Elyashiv and Rav Chaim Kanievsky
[14] Talmud Chullin 138B
[15] Rav Hirsch, Chorev, Chapter of Shiluach Hakan. For the criteria in determining which birds have Kosher signs, see Rema, Shulchan Aruch, Yoreh Deah 82:3
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