hebrew
1)

Why does the Torah use the expression "Ki Yikarei Kan Tzipor ... "

1.

Rashi: To confine the Mitzvah of Shilu'ach ha'Kein to where one comes across the nest by chance - to preclude a nest that one prepared. 1


1

See also Ba'al ha'Turim.

2)

What does "Lo Sikach ha'Eim al ha'Banim"?

1.

Rashi: It means 'Don't take the mother whilst she is still (crouching) on the babies. 1


1

See Sifsei Chachamim.

3)

Why does the Torah insert the word "ba'Derech"?

1.

Torah Temimah (citing Chulin, 139b): Like a road where the nest is not in your hand, to preclude birds that have made their nests inside your house and Herodian pigeons, 1 which are 'in your hand' and are therefore not subject to Shilu'ach ha'Kein.


1

Which roam among the people - See Sifsei Chachamim.

4)

Why does the Torah add the words "O al ha'Aretz"?

1.

Torah Temimah (citing the Sifri): To include a nest that is inside a pit, a trench or a cave.

5)

What are the implications of "Rovetzes"?

1.

Torah Temimah (citing Chulin, 140b): It precludes where the mother is hovering above the fledglings or the eggs, but includes where its wings are touching the nest.

6)

What are the implications of "Efrochim O Beitzim"?

1.

Torah Temimah (citing Chulin, 140b): To compare the eggs to the fledglings, which can live, 1 and the fledglings to the eggs, 2


1

To preclude eggs that have gone rotten (and cannot fertilize).

2

To preclude birds that are able to fly and are no longer dependent on their mother. See also Ba'al ha'Turim.

7)

What is the underlying reason behind the Mitzvah of Shilu'ach ha'Kein?

1.

Ramban #1, Rashbam and Targum Yonasan: Refer to Vayikra, 22:28:3:1. 1

2.

Ramban #2: Refer to Vayikra, 22:28:3:2. 2

3.

Ramban #3 (citing Moreh Nevuchim): Because the feelings of a mother towards her children are the same in an animal as in humans, and it is therefore particularly cruel to kill a baby animal in front of its mother. 3

4.

Rashbam: It is a form of cruelty and to take a mother and her babies and Shecht, cook and eat them together. 4


1

Ramban: The same reasons (here, in 22:6:7:2 and in 22:6:7:3) apply to the Mitzvah of "Oso ve'es B'no Lo Sishchatu be'Yom Echad" - in Vayikra 22:28.

2

Refer also to 22:7:3:3.

3

See Ramban DH 've'Kasav ha'Rav'.

4

Rashbam: And that is also the reason for the Mitzvah of "Lo Sevashel G'di ba'Chalev Imo" - in Shemos 23:19, and "Oso ve'es B'no Lo Sishchatu be'Yom Echad" - in Vayikra 22:28.

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