1)

(a)The Mitzvah of Shilu'ach ha'Ken applies in Eretz Yisrael and in Chutz la'Aretz, in the time of the Beis-ha'Mikdash and when it is not standing. The Mishnah rules that - Mukdashin are not subject to Shilu'ach ha'Ken (See Tosfos Yom Tov).

(b)The case of a single bird that is not subject to Shilu'ach ha'Ken only because it is Hekdesh is - where, after a person declares his bird Hekdesh (Bedek ha'Bayis) and the bird escapes, the owner recognizes it hovering over its newly-built nest.

(c)The alternative case that applies to a batch of birds that one was Makdish as Olos Nedavah - which subsequently fly away and build a new nest ...

(d)... which, on the one hand, was his to be Makdish when he did, but which is not Mezuman when he finds them.

2)

(a)One of two Chumros of Kisuy ha'Dam over Shilu'ach ha'Ken is that it applies to Chayos as well as to birds. The other is that - it applies even to a Chayah or a bird that is Mezuman.

(b)We learn that a bird that is Mezuman is not subject to the Mitzvah of Shilu'ach ha'Ken - from the Pasuk in Ki Seitzei - "ki *Yikarei* Kan Tzipor ... " - 'P'rat li'Meuman'.

3)

(a)The Tana defines 'Eino Mezuman' with regard to geese and chickens - where they rebelled, left the barnyard and made their nests in an orchard ...

(b)... which is not considered Mezuman - since they can run away from there.

(c)The Tana considers geese and chickens that rebel Mezuman - if they made their nests in the house.

(d)Yonei Hardesi'os - (homing doves) too, are considered Meuman and are not subject to Shilu'ach ha'Ken.

(e)They are called by that name - because King Hurdus reared them in vast quantities.

4)

(a)The Mishnah rules that ...

1. ... a non-Kasher bird that is sitting on its own eggs ...

2. ... a non-Kasher bird that is sitting on the eggs of a Kasher bird and ...

3. ... a Kasher bird that is sitting on the eggs of a non-Kasher bird - are all not subject to the Din of Shilu'ach ha'Ken.

(b)We learn ...

1. ... the first two cases from the Pasuk "Ki Yikarei Kan Tzipor lefanecha" - from the fact that 'Tzipor' always refers to a Kasher bird (See Tosfos Yom Tov).

2. ... the third case from the words in the same Pasuk "ve'es ha'Banim Tikach lach" - from the word "lach", which implies that one takes the eggs for oneself and not to feed one's dogs.

5)

(a)A male bird is generally not subject to Shilu'ach ha'Ken - because the Torah writes "ve'ha'Eim Rovetzes al ha'Banim", and the father does not usually sit on the eggs.

(b)Rebbi Eliezer includes a male Korei (partridge) - because male partridges do sit on the eggs (See also Tosfos Yom Tov).

(c)The Chachamim - nevertheless rule that it is exempt.

6)

(a)The Mishnah exempts a bird that is hovering over its nest from Shilu'ach ha'Ken - provided its wings are not touching the nest.

(b)We learn from the fact that (in the Pasuk "ve'ha'Eim Rovetzes al ha'Efrochim O al ha'Banim") the Torah writes "Rovetzes" and not ...

1. ... 'Me'ofefes' that - the wings must be touching the nezt (as we just explained).

2. ... 'Yosheves' that - it does not need to be actually sitting in the nest, but will suffice if it merely touches it.

(c)Bearing in mind the above Pasuk, the Tana learns from the word "Kan" (in the Pasuk "Ki Yikarei Kan Tzipor lefanecha") that - the Mitzvah of Shilu'ach applies even if the nest contains only one fledgling or one egg.

(d)He also says that a nest whose ...

1. ... eggs are spoilt to the point that they are not capable of producing fledglings - is not subject to Shilu'ach ha'Ken.

2. ... fledglings are already able to fly - is not subject to Shilu'ach ha'Ken.

(e)He learns all this from the words "Efrochim O Beitzim" - inasmuch as the Torah is comparing the eggs to the fledglings, which are capable of surviving), and the fledglings to the eggs, which still need their mother.

7)

(a)The Tana rules that in a case where, after sending the mother bird away once, it returns, even four or five times - it is still subject to Shilu'ach ha'Ken.

(b)He learns this - from the word "Shale'ach" (implying as often as necessary).

(c)And, based on the Pasuk "Shale'ach Teshalach es ha'Eim", he rules that, if someone says that he will send away the fledglings and then take the mother - he remains obligated to send the mother away, even after he has carried out his word.

(d)The Mishnah rules that, if, after having taken the babies, one returns them, one is Patur from Shilu'ach ha'Ken - because the nest now entered the realm of Mezuman.

8)

(a)The Mishnah now discusses what happens to someone who takes the babies or the eggs without first sending the mother bird away. According to the Chachamim, he remains Chayav to send the mother away - since the Asei of "Shale'ach Teshalach still applies.

(b)He is Patur from Malkos - based on the principle 'La'av ha'Nitak la'Asei, Patur' (A La'av that is connected to an Asei is Patur from Malkos).

(c)Rebbi Yehudah rules that he no longer needs to send the mother away and that he receives Malkos - because he maintains that it is not a 'La'av ha'Nitak le'Asei', but a La'av she'Kodmo Asei' (that the Mitzvah is first to send away the mother and then to take the babies [See Tosfos Yom Tov]).

(d)The transgressor will receive Malkos even according to the Chachamim however - if he Shechted it or if it died (thereby nullifying the possibility of fulfilling the Asei [See Tiferes Yisrael]).

(e)The Halachah is - like the Chachamim.

9)

(a)The Mishnah - forbids taking the mother bird and leaving the babies, even if one needs it for the Mitzvah of purifying a Metzora (See Tosfos Yom Tov).

(b)The Torah promises someone who fulfils the Mitzvah of Shilu'ach ha'Ken - a reward of goodness and long life.

(c)The Tana comments that it is an easy Mitzvah 'which is ke'Isar' - meaning that it costs virtually nothing to fulfill ...

(d)... and he concludes - how much more so difficult Mitzvos.