(ו) כִּ֣י יִקָּרֵ֣א קַן־צִפּ֣וֹר ׀ לְפָנֶ֡יךָ בַּדֶּ֜רֶךְ בְּכָל־עֵ֣ץ ׀ א֣וֹ עַל־הָאָ֗רֶץ אֶפְרֹחִים֙ א֣וֹ בֵיצִ֔ים וְהָאֵ֤ם רֹבֶ֙צֶת֙ עַל־הָֽאֶפְרֹחִ֔ים א֖וֹ עַל־הַבֵּיצִ֑ים לֹא־תִקַּ֥ח הָאֵ֖ם עַל־הַבָּנִֽים׃ (ז) שַׁלֵּ֤חַ תְּשַׁלַּח֙ אֶת־הָאֵ֔ם וְאֶת־הַבָּנִ֖ים תִּֽקַּֽח־לָ֑ךְ לְמַ֙עַן֙ יִ֣יטַב לָ֔ךְ וְהַאֲרַכְתָּ֖ יָמִֽים׃
(6) If, along the road, you chance upon a bird’s nest, in any tree or on the ground, with fledglings or eggs and the mother sitting over the fledglings or on the eggs, do not take the mother together with her young. (7) Let the mother go, and take only the young, in order that you may fare well and have a long life.
Why is an infant circumcised at eight days? Because the Holy One, had compassion on him, waiting until the child was strong. And just as the Holy One has compassion on human beings, so too He has compassion on animals. How do we know this? As it is said, “And from the eighth day on it shall be acceptable...” (Lev. 22:27). Furthermore, the Holy One said, “no animal ... shall be slaughtered on the same day with its young” (Lev. 22:28). And just as the Holy One extended His compassion over animals, so too He was filled with compassion for birds. How do we know this? As it is said, “If you happen upon a bird's nest along the road.” (Midrash Devarim Rabbah, parashat Ki Tetze 6:1)
Megillah 25A
Mishna[If one says], “May Your mercy reach the nest of a bird,” “... they silence him.
Talmud: what is the reason for prohibiting, “May Your mercy reach the nest of a bird”?
Two amoraim in the West [Palestine] differed over this: R. Yose b. Abin and R. Yose b. Z’vida.
One said, it is because he creates jealousy in the work of the creation,
and the other says it is because he makes the qualities of the Holy One, blessed be He, acts of mercy, whereas they are only decrees.
If the nest of a bird chances to be in front of you: Also this commandment is explained by "it and its son do not slaughter on one day" (Leviticus 22:28); since the reason in both of them is that we should not have a cruel heart and [then] not have mercy, or that the verse should not permit us to be destructive to destroy the species, even though it allowed slaughter within that species. And behold, one who kills the mother and the children on one day or takes them when they are 'free to fly' is as if he cuts off that species.
And the teacher (Rambam) in the Guide for the Perplexed 3:48 wrote that the reason of sending [the mother away from] the nest and the reason of "it and its son do not slaughter on one day" is to prohibit killing the child in the eyes of the mother, as animals have great concern about this. And there is no difference between the concern of a person and the concern of animals for their children, since the love of a mother and 'the appeal of the children of its belly' does not stem from the intellect and the [faculty of] speech, but rather it is from the effects of the faculty of thought that is found in animals just as it is found in man.
And if [it is as Rambam claims], the main prohibition of 'it and its son' is only [in the sequence] of its son and it, but [in other circumstances] it is all a distancing [from that main prohibition]. And more correct is [that the reason for the commandment is] so that we will not become cruel.
And the teacher said: And don't answer me from the statement of the sages [that comes to explain] (Berakhot 33b), "We silence the one who says, 'Your mercy reaches the nest of the bird.' [is because this commandment is a decree that has nothing to do with mercy]," as this is one of two explanations - the explanation of the one to whom it appears that there is no reason for the commandments except for the will of the Creator - but we hold of the second explanation, [according to which] there should be an explanation for all of the commandments.
And a further challenge to him is that which he found in Bereshit Rabbah 44:1, "And so what does the Holy One, blessed be He, care whether he slaughters from [the front of] the neck or slaughters from the back - behold, the commandments were only given to purify the creations through them, as it is stated (Proverbs 30:5), 'Every word of the Lord is purified.'" And this matter that the teacher asserted is very lucid regarding commandments that have a reason, as there is in each one a reason and a purpose and a refinement for the person, besides their reward from their Commander, may He be blessed.
And the rabbis, may their memory be blessed, have already said (Sanhedrin 21b), "For what were the reasons of the Torah not revealed, etc." and they expounded (Pesachim 119a), "'Ancient covering' (Isaiah 23:18) - this is the one who reveals things that were covered by the One of ancient days; and what are they? The reasons of the Torah." And they already expounded about the red heifer (Bemidbar Rabbah 19:3-4), that Shlomo said, "I have mastered it all, but about the topic of the red heifer, I have investigated, I have asked, I have searched - 'I said I will become wise, but it is far from me' (Ecclesiastes 7:23)." And Rabbi Yose beRebbe Chanina said, "The Holy One, blessed be He said to Moshe, 'To you do I reveal the reason of the red heifer, but to others it is a statute (without explanation),' as it is written (Zechariah 14:6), 'And it shall be on that day there will be no light, but heaviness and solidity' - it is written 'will solidify' (even though it is read 'and solidity,' such that the verse expresses a secondary meaning which is now elucidated): That which is covered from you in this world, will be visible in the world to come, like that blind man that [finally] sees, as it is written (Isaiah 42:16), 'And I will guide the blind ones in the path they did not know.' And it is written (there), 'I have done these things and not forsaken them' - as I have already done them for Rabbi Akiva." Behold, they elucidated that the impediment to the reasons for the commandments is not from Him abut rather [from] the blindness of our intellects and that the reason of the most difficult one was already reveled to the sages of Israel.
And there are many [statements] like this and many things in Torah and Scripture that indicate [it]. [And] those homiletical statements that were challenging to [Rambam], are about a different matter, according to my opinion. As they wanted to say that there is no gain in the commandment for the Holy One, blessed be He, Himself, may He be elevated; but [rather] the gain is for man himself - to prevent him from damage or a bad belief or a disgusting character trait, or to remember the miracles and wonders of the Creator, may He be blessed, and to know God. And this is [the meaning of] "to purify them" - that they should be like purified silver; as the action of a smelter is not without a reason, but [rather] to extract all the dross from it. And so [too] are the commandments to extract from our hearts every bad belief and to inform us of the truth and to always remind us of it.
And this [idea] is mentioned by the homiletical statement itself in [Midrash] 'Yilamdenu' (Midrash Tanchuma, Shmini 8 on Parshat Shmini) on the section, 'This is the animal,' "And so what does it matter to the Holy One, blessed be He, whether one slaughters an animal and eats or stabs [it] and eats - do you benefit Him at all or damage Him at all; or what does He care whether one eats pure things or eats impure things. 'If you have become wise, you have become wise for yourself' (Proverbs 9:12) - behold, the commandments were only given to purify the creations through them, as it is stated (Psalms 12:7), 'The words of the Lord are pure words' and it is stated (Proverbs 30:5), 'Every word of the Lord is purified.' Why? So that it protect you" Behold, it is explicit in here that they only came to say that the gain is not for Him, may He be elevated; that He should require the light - as might be thought - from the menorah (the candelabra in the Temple) or that he should require the sacrifices for food and the smell of the incense as it would appear from the simple meaning of [the verses]; and even the memory of His wonders that He did, that He commanded to do [things] in commemoration of the exodus from Egypt and the story of Creation, there is no gain for Him - just that we know the truth and merit through it, until we become fit that He should protect us. As our speech and memory of His wonders are considered nothing and void for Him.
And he brought a proof from one that slaughters from the [front] of the neck and [its] back, to say that they are all for us and not for the Holy One, blessed be He, as it is not likely to say about slaughter that there should be gain and honor to the Creator, may He be blessed, from the neck more than from the back or [from] stabbing; but rather they are for us to guide us in the paths of mercy, even at the time of slaughtering. And they brought another proof, "Or what does He care whether one eats pure things" - and these are the permitted foods - "or eats impure things" - and these are forbidden foods, that the Torah stated about them (Leviticus 11:28), "they are impure for you." And through this, he hinted that it is so that we be of clean souls, wise ones, that contemplate the truth. And their saying, "If you have become wise, you have become wise for yourself," they mentioned, because the active commandments - for example, slaughtering of the neck - are to teach us good character traits; and the commandments that are decrees that differentiate species are to purify our souls, as the Torah stated (Leviticus 20:25), "and you shall not make your souls disgusting with the animal and with the bird and with all that crawls on the ground, which I have separated for you as impure." If so, all of them are for our benefit alone. And this is like Elihu said (Job 35:6), "If you sin, how will you effect Him; and your transgressions are numerous, what will you do to Him?" and said (verse 7), "or what will He take from your hand?" And this is something that is unanimous in all of the words of our teachers.
And they asked in the Yerushalmi Nedarim 9:1, whether we can open [an avenue of regret] for [vows] that are between him and the Omnipresent, with the [damage done to the] honor of the Omnipresent; and they responded to this question, "which is [the damage done] to the honor of the Omnipresent - for example, the sukkah that I am not doing, the lulav that I am not holding, the tefillin that I am not laying?" And it is implied that it is [only the person] that [a commandment] helps, like the [verses], "If you are righteous, what do you give to Him, or what will He take from your hand?" [and] "If you sin, how will you effect Him; and your transgressions are numerous, what will you do to Him?"
Behold, they elucidated that even the lulav and the sukkah and the tefillin - that He commanded that they be 'a sign upon your arm and a memory device between your eyes, that the Lord took you out of Egypt with a strong hand' - are not for the honor of the Lord, may He be blessed, but [rather] to have mercy on our souls. And they already set this into the prayer of Yom Kippur, "You have separated man from the start and recognized him to stand in front of You, as who will say to You what to do, and if he is righteous, what will he give to You?" And so [too], it stated in the Torah (Deuteronomy 10:13), "for your good," as I have explained (Ramban on Deuteronomy 10:13); and so [too] (Deuteronomy 6:24), "And He commanded us to do all of these statutes to fear the Lord, our God, for our good all of the days."
And the intention in all of them is that it be good for us and not for Him, may He blessed and elevated; but all that we are commanded is [so that] His creatures be purified and cleansed without the dross of evil thoughts and disgusting character traits. And so that which they said (Berakhot 33a), "[It is because] he makes the traits of the Holy One, blessed be He into mercy and they are only decrees," is to say that God did not worry about the nest of the bird and His 'mercy did not reach' it and its child; as His mercy does not extend to creatures with an animal soul, to prevent us from doing what we need to them. As were it so, slaughtering would be forbidden. But [rather], the reason for the proscription is to teach us the trait of mercy and that we not become cruel.
Since cruelty spreads in the soul of a man, as it is known with butchers that slaughter large oxen and donkeys, that they are 'people of blood,' 'slaughterers of men' [and] very cruel. And because of this they said (Kiddushin 82a), "The best of butchers are the partners of Amalek." And behold, these commandments with animals and birds are not mercy upon them, but [rather] decrees upon us, to guide us and to teach us the good character traits.
And so [too] all of the commandments - positive and negative - are called decrees; as they said (Mekhilta, Bechodesh 6) about a parable of a king that entered into a country: "His servants said to him, 'Make decrees upon them.' He said [back] to them, 'When they accept My kingship, I will make decrees upon them.' So did the Holy One, blessed be He, say; 'You accepted My Kingship - "I am the Lord, your God" (Exodus 20:2) - [now,] accept My decrees - "there shall be for you no, etc."' (Exodus 20:3)."
But in the Midrash of Rabbi Nechunia ben HaKaneh, there is a midrash [that explains] that there is a secret in the commandment: "Rabbi Rechumai said, 'Why is it written, "Surely send away the mother" and it did not say, "the father?" But rather, "Surely send the mother" is in honor of that Discernment (Binah), the Mother of the world, as it is written (Proverbs 2:3), "But you will call discernment, Mother."' What is 'and the children take for yourself?' Rabbi Rechumai said, 'Those children that she grew.' And what are they? The seven days of the sukkah and the laws of the seven days of the week, etc." And behold, this commandment hints to a great matter, and therefore its reward is very large - "so that it will be good for you and you will lengthen your days."
(Tikkunei Zohar 23aThe Zohar, in Midrash HaNe’elam, 30 introduced a very different view of the mitzvah, which was further elaborated upon in Tikkunei Zohar: There is an angel appointed over the birds… and when Israel performs this commandment, and the mother departs weeping and her children crying, he agonizes for his birds, and asks God: “Does it not say that ‘His compassion is on all of His works (Psalms 145:9)’? Why did You decree on that bird to be exiled from her nest?” And what does the Holy One do? He gathers all of His other angels and says to them, “This angel is concerned for the welfare of a bird and is complaining of its suffering; is there none amongst you who will seek merit on My children Israel, and for the Shechinah which is in exile, and whose nest in Jerusalem has been destroyed, and whose children are in exile under the hand of harsh masters? Is there noone who seeks compassion for them, and will attribute merit to them?” Then the Holy One issues a command and says, “For My sake I shall act, and I shall act for My sake,” and compassion is thereby aroused upon the Shechinah and the children in exile. (Tikkunei Zohar 23a)
When the Torah chose the expression והאם רובצת על האפרוחים או על הביצים, “and the mother is roosting (reclining) on the chicks or the eggs,” (verse 6) the Torah revealed to us by that that the “eggs” mentioned here are equivalent to the “young ones” mentioned in verse 7 seeing that eventually the young chicks will emerge from these eggs. This also teaches that the command to dispatch the mother bird is applicable only when the eggs have advanced to the stage where it is practically certain that healthy young chicks will emerge from them (Chulin 109). If the eggs are broken or otherwise show signs that they will not be hatched, there is no need to send away the mother bird in order to take the eggs. The reason the Torah mentions both the chicks and the eggs in the plural is because this is the normal scenario. Even if the mother bird is brooding over only a single egg or chick the same legislation applies (Chulin 109).
We know, for instance that the reward for being hospitable and providing food and shelter for strangers is having children. We have proof of this from our matriarch Sarah (Genesis 18, 6-10) and we also know this from the woman in Shunam who was blessed with a child by a promise from the prophet Elisha whom she hosted on a regular basis (Kings II, 4-16). Other commandments such as honoring father and mother are rewarded by long life (Exodus 20,12), as is the commandment to send away the mother bird even though the principal meaning of this long life is understood to refer to life in a world beyond this terrestrial life on earth,
[In the following list of verses from scripture the author illustrates allegorically the eventual fate of the Gentile nations as retribution for their not having observed this commandment in their relationship to the Jewish people. Ed.]. Isaiah 16,2 writes: “like fugitive birds, like nestlings driven away, Moav’s villagers linger by the fords of Arnon.” The prophet refers to Jeremiah 17,11: “like a partridge hatching what she did not lay, so is one who amasses wealth by unjust means, in the middle of his life it will leave him, and in the end he will be proved a fool.” Immediately after this Jeremiah continues: “O throne of Glory exalted from of old. Our sacred shrine! O Hope of Israel, O Lord!” How do these verses form a continuation from what the prophet wrote before? The partridge brings eggs belonging to other species of birds and broods on them until they hatch from their shells. When these chicks hatch, the chicks feed on the partridge plucking its feathers and making it defenseless until they eventually devour it. Who is the cause of the partridge’s misfortune? None other than the partridge itself. If it had not stolen other birds’ eggs this would never have happened to it. This is what is going to happen to the nations of the world who dared stretch out their talons against the throne of G’d, i.e. destroy our Temple. They destroyed and burned G’d’s Sanctuary, exiled the Jewish people and, as a result, in the words of Tzefaniah 2,9, “Assuredly, as I live, declares the Lord of Hosts, the G’d of Israel: ‘Moav shall become like Sodom, and the Ammonites like Gomorrah; clumps of weeds and patches of salt and desolation evermore. The remnants of My people shall plunder them, the remainder of My nation shall possess them.’” Thus far the Midrash.
You will find the following comment in the Sefer Habahir item 104: Rabbi Rechumai said the reason that the Torah commands שלח תשלח את האם, “be sure to dispatch the mother,” whereas it does not say that one must dispatch the father bird, is to render recognition and give honor to the “mother” of the world seeing that the emanation בינה is perceived as the emanation everyone calls out for as we know from Proverbs 2,3 כי אם לבינה תקרא, “for you call out for insight.” [This may also be an allusion to Proverbs 1,8: ואל תטוש תורת אמך “do not abandon the teachings of your mother.” Ed.]
The emanation בינה as the emanation immediately “above” the lower seven emanations each of which symbolizes one of the seven days of creation, is perceived as the mother, i.e. the one giving birth to these other seven emanations.
Concerning the words ואת הבנים תקח לך the same Rabbi Rechumai writes that it refers to the בנים she has raised. This is a reference to the seven days of the week and the seven days of Sukkot. Thus far Sefer Habahir.
The dispatch of the mother bird legislated here applies only to pure birds, i.e. the ones permitted for consumption by Jews. This is a compliment and a form of religious service for these birds as they are considered above and beyond the domain of the seven days of creation, a domain which has not been completed (limited) by a number being given to it. [The reference appears to be to the emanation בינה, which is “higher” than the seven emanations below it. Ed.] A parallel to this is found in Psalms 147,8 ולתבונתו אין מספרת, “its insight has not been assigned a number such as have the days (which would limit it). Not only the emanation בינה but also the tenth emanation מלכות, (from כתר down) is known as אם as we know from the fifth commandment כבד את אביך ואת אמך, a commandment addressed to people in that sphere. [I assume that the word ואת in that commandment provides the linkage between בינה and מלכות. Ed.]
Our sages in Berachot 35 citing Proverbs 28,24 where Solomon lambasts those who rob father and mother, speak about man robbing G’d (in connection with enjoying food etc., without first reciting a benediction). The reason the simile is extended to both father and mother [who cannot both represent G’d. Ed.] is that “father” refers to Hashem, whereas “mother” refers to כנסת ישראל, the spiritual concept of the people of Israel.
The Torah promises long life as the reward for fulfilling both the commandment of honouring father and mother and the commandment of dispatching the mother bird. The only difference in the wording of the reward is that in connection with honouring father and mother the “long life” is promised על האדמה, an expression repeated in connection with having true weights (Deut. 25,15). In connection with our commandment the words על האדמה “on the earth” are missing, suggesting that the Torah speaks of extra terrestrial life in the hereafter, or as the sages put it “in a world which is all long life.”
The meaning of the words והארכת ימים is a reference to the תאריך אף מן הימים, “you will also enjoy other days,” i.e. after the world limited to ששת ימים, the six days of creation has come to an end.
This also clarifies that the emanation (attribute) בינה is the one responsible for the granting or denying of children. This is the meaning of the peculiar expression ותתפלל על ה' reported in Samuel I 1,10 where Channah is described as praying for children. We would have expected the text to say ותתפלל חנה אל ה', that Channah prayed “to the Lord,” not על ה'. The expression על ה' suggests a domain above that of the seven lower emanations, a domain of a world which is totally good, totally enduring, everlasting. This is implied in the words והתענג על ה', (Psalms 37,4) where the psalmist says: “seek favour of the Lord and He will grant you the desires of your heart.” If one penetrates to that emanation, to that attribute of G’d, one will have one’s wish for children granted.
Seeing that this is so the legislation before us concludes with the words למען ייטב לך והארכת ימים, “so that it will be good for you and you will enjoy long life.” We have learned in Niddah 70 “what is a person to do in order to be endowed with wisdom?” Let him ask for mercy from the One Who owns wisdom, for it is written וה' יתן חכמה, “the Lord will grant wisdom” (Proverbs 2,6). The Talmud there continues: “what is someone to do who yearns to have children?” “Let him ask for mercy from the One to whom the children belong.” as we know from Psalms 127,3: “sons are the provisions of the Lord, the fruit of the womb, His reward.”
It is worthwhile to analyse in this saying how the sages arranged the requirements (objects of prayer) in the descending order of the emanations. [Wisdom is stored in the higher emanation חכמה, followed by the next lower emanation בינה, which is the source of children. Ed].
This commandment belongs to the category we described earlier as מקובלות, [the author had divided the commandments into three groups, מושכלות, מקובלות,חוקים, compare beginning of commentary on Parshat Chukat Ed.] Normally, the sages instituted a benediction to be recited prior to the performance of any of the commandments which the author described as מקובלות. We do not know of any such benediction before the performance of this commandment. Why is this so? The reason is that it is not one of the commandments man should strive to fulfill, seek out opportunities to observe. If the occasion arises, the commandment needs to be fulfilled. This is why the whole paragraph is introduced with the words כי יקרה, “if it so happens.” Even if the opportunity arises, this commandment applies only if the finder wants to take the eggs or chicks for himself.
משרשי המצוה. שיתן האדם אל לבו כי השגחת השם ברוך הוא על כל מיני בעלי חיים בכלל, ועם השגחתו עליהם יתקימו לעולם, כי השגחתו בדברים זהו קיומם, ועל כן לא יבטל מן המינין לגמרי כל ימי עולם, ואף על פי שהשגחתו על מין האדם בפרט, וכמו שכתבתי למעלה בסדר ''אשה כי תזריע'' (מצוה קסט), לא כן מיני שאר בעלי חיים, אלא דרך כלל במין ישים השגחתו ברוך הוא, ועל כן נמנענו מלכלות האילן וענפיו ביחד, לרמז זה. ועוד נוכל לומר בענין על צד הפשט כמו כן, שהוא לקבע בנפשותינו מדת החמלה ולהרחיק מדת האכזריות שהיא מדה רעה, ולכן אף על פי שהתיר לנו האל מיני בעלי חיים למחיתנו, צונו לבל נהרג אתו ואת בנו ביום אחד, ולקבע בנפשנו מדת החמלה.
It is from the roots of the commandment that a person should place upon his heart that the providence of God, blessed be He, is upon all species of animals more generally. And with His providence over them, they shall endure eternally; as His providence over things is [itself] their sustenance. And therefore no species will ever become completely extinct. And even though His providence over the human species is individual - and as I explained earlier in the Order of Eesha ki Tazria (Sefer HaChinukh, 169) - this is not the case for other species of animals. Rather His providence, blessed be He, is for the species as a whole. And we are therefore prevented from finishing 'the tree and its branches' together to hint [about] this. And we can also say about the matter from the angle of the simple understanding as well, that this is to fix in our souls the trait of compassion and to distance us from the trait of cruelty - which is a bad trait. And therefore even though God permitted us [to eat] species of animals for our sustenance, He [also] commanded us that we not kill it and its child on one day to fix the trait of compassion in our souls.
There was a certain calf that was being led to slaughter. The calf went and hung its head on the corner of Rabbi Yehuda HaNasi’s garment and was weeping. Rabbi Yehuda HaNasi said to it: Go, as you were created for this purpose. It was said in Heaven: Since he was not compassionate toward the calf, let afflictions come upon him. One day, the maidservant of Rabbi Yehuda HaNasi was sweeping his house. There were young weasels [karkushta] lying about, and she was in the process of sweeping them out. Rabbi Yehuda HaNasi said to her: Let them be, as it is written: “The Lord is good to all; and His mercies are over all His works (ורחמיו על כל מעשיו)” (Psalms 145:9). They said in Heaven: Since he was compassionate, we shall be compassionate on him, and he was relieved of his suffering.