If he doesn’t need the egg to eat, what right does he have to be M’tzar (cause pain) the Mother. Its pure Tzar Balei Chaim.
We never Pasken like the Zohar when he disagrees with the Poskim Rishonim or B’feirushe Toisfos. There aren’t any Rishonim that hold that you’re allowed to be M’tzar the mother when you don’t need anything.
ader: Is long life a good reason? Besides it’s a mitzvah to do shluach Hakan.
does no one learn the shulchan aruch or the gemara?– (1) Ki Yikarai is only in a ya’ar where no one owns the land, -definitely not on the streets of B’klyn; at the very least owned by NYC (2) from the pictures it clearly is being done with a crowd of children around– shiluach hakan by definition is a spontaneous act– a moment of auspicious time in which to immediately do a rare mitzvah– if you gather children around, open seforim at a table, get a ladder, etc. it goes from spontaneous to planned, voiding the mitzvah
nothing here but tzar l’baal chaim– better they should go back to the BM to learn
The Prishah says b’feirush that no matter what, if you see a mother on eggs or babies in the right circumstances, you are MICHUYAV to perform shalach hakan.
*Shiluach hakan.
The issue of tzar baalei chaim applies only inasmuch as there are various criteria for things such as which type of bird qualifies, what is the location of the nest, is it absolutely a female on the nest, and more. If not all criteria are in place, THAT is what would overrule the mtzvah in favor of the tzaar baalei chaim issue, and also the method in which the mother bird is shooed away – it must also be in a kind way. To add to that, after the mitzvah is done one may be mafkir the eggs or chick and replace it right away, once again so as not to torment the mother. Well, that would be soser the commentor’s claim that you take it only if you have a use for it. NOT. And btw, do your research. Its a myth that mother birds reject their offspring after handled by a human. They dont even have a good enough 0sense of smell to detect if a human had handled the baby. Rejection only occurs when the mother is in self-preservation mode. If the nest looks really disturbed she’ll sense danger, leave, and find a new place to build a nest. The same thing happens if a windstorm blows a nest off a tree. So just be gentle on the mom, the baby or egg, and the nest. I did this mitzvah on pesach! Fed the newly hatched chick for 2 days, returned it to the nest, and the mom was back the next day on duty as if nothing happened.
But here’s what really irks me. Please spread the word: IT IS NOT SHLUACH HAKAN. IT IS SHLUACH HAKEIN. KAN means nest, as in ki yikarey KAN TZIPPOR lifanecha. KEIN means mommy bird. That’s what my very scholarly rabbi taught me. Check it out.
See Pischei Tshuva siman 292 seif koton 1, that the Chavos Yoir concluded that there is a chiyuv even when he doesn’t need the eggs, based on the Rashba, and the mashmo’us of the gemora, as well as the Zohar, and only the Tosfos seems to disagree. We do follow the Zohar to be machria when there is a machlokes haposkim. (Rabbi Akiva Eiger on Shulchan Aruch also refers to the Chavos Yair.
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If he doesn’t need the egg to eat, what right does he have to be M’tzar (cause pain) the Mother. Its pure Tzar Balei Chaim.
We never Pasken like the Zohar when he disagrees with the Poskim Rishonim or B’feirushe Toisfos. There aren’t any Rishonim that hold that you’re allowed to be M’tzar the mother when you don’t need anything.
ader: Is long life a good reason? Besides it’s a mitzvah to do shluach Hakan.
does no one learn the shulchan aruch or the gemara?– (1) Ki Yikarai is only in a ya’ar where no one owns the land, -definitely not on the streets of B’klyn; at the very least owned by NYC (2) from the pictures it clearly is being done with a crowd of children around– shiluach hakan by definition is a spontaneous act– a moment of auspicious time in which to immediately do a rare mitzvah– if you gather children around, open seforim at a table, get a ladder, etc. it goes from spontaneous to planned, voiding the mitzvah
nothing here but tzar l’baal chaim– better they should go back to the BM to learn
The Prishah says b’feirush that no matter what, if you see a mother on eggs or babies in the right circumstances, you are MICHUYAV to perform shalach hakan.
*Shiluach hakan.
The issue of tzar baalei chaim applies only inasmuch as there are various criteria for things such as which type of bird qualifies, what is the location of the nest, is it absolutely a female on the nest, and more. If not all criteria are in place, THAT is what would overrule the mtzvah in favor of the tzaar baalei chaim issue, and also the method in which the mother bird is shooed away – it must also be in a kind way. To add to that, after the mitzvah is done one may be mafkir the eggs or chick and replace it right away, once again so as not to torment the mother. Well, that would be soser the commentor’s claim that you take it only if you have a use for it. NOT. And btw, do your research. Its a myth that mother birds reject their offspring after handled by a human. They dont even have a good enough 0sense of smell to detect if a human had handled the baby. Rejection only occurs when the mother is in self-preservation mode. If the nest looks really disturbed she’ll sense danger, leave, and find a new place to build a nest. The same thing happens if a windstorm blows a nest off a tree. So just be gentle on the mom, the baby or egg, and the nest. I did this mitzvah on pesach! Fed the newly hatched chick for 2 days, returned it to the nest, and the mom was back the next day on duty as if nothing happened.
But here’s what really irks me. Please spread the word: IT IS NOT SHLUACH HAKAN. IT IS SHLUACH HAKEIN. KAN means nest, as in ki yikarey KAN TZIPPOR lifanecha. KEIN means mommy bird. That’s what my very scholarly rabbi taught me. Check it out.
See Pischei Tshuva siman 292 seif koton 1, that the Chavos Yoir concluded that there is a chiyuv even when he doesn’t need the eggs, based on the Rashba, and the mashmo’us of the gemora, as well as the Zohar, and only the Tosfos seems to disagree. We do follow the Zohar to be machria when there is a machlokes haposkim. (Rabbi Akiva Eiger on Shulchan Aruch also refers to the Chavos Yair.