כי יקרא קן צפור לפניך בדרך בכל עץ או על הארץ אפרחים או ביצים והאם רבצת על האפרחים או על הביצים לא תקח האם על הבנים :
שלח תשלח את האם ואת הבנים תקח לך למען ייטב לך והארכת ימים (דברים כב: ו-ז)
Sending a mother bird away from her nest contains two Mitzvos (separate but related), a negative command not to take the mother bird while it is hovering over its nest, and a positive command to send the mother away.
The Commentators discuss if the mitzvah of sending away the mother bird only applies when a person wants to take the chicks or eggs, the contents of the nest. Perhaps the mitzvah is that before taking the chicks a person must send away the mother, but if one has no interest in using the eggs or chicks he has no mitzvah to send the mother away. Or, perhaps the mitzvah applies even where a person has no interest to take the mother or the chicks.
The understanding of this Mitzvah has implications in other areas of Torah:
Is there an obligation to pursue other mitzvos, or are we expected to fulfill mitzvos only when they come our way?
Chullin 139 questions: “Should one search through the hills and valleys to find a nest?”
Chidushei R’ Yehuda b. R’ Binyamin HaRofeh notes that this Gemara begins with the assumption that one should have to trek through hills and valleys in order to fulfill this mitzvah. It is only a special phrase in the verse (כי יקרא) that limits our obligation specifically in this case and teaches that this mitzvah of “sending away the mother” only applies when the mitzvah comes our way. We see, therefore, that the general approach to mitzvos is that one must assert himself and find opportunities to fulfill them.
Maharsham (1:209) infers the opposite conclusion from this Gemara. It opens with its suggestion, Rashi explains, “The Gemara notes that the verse here states, שלח תשלח you shall certainly send away the mother. This double expression suggests that one must pursue this mitzvah until it comes into his hands.” Maharsham notes that without a double expression, there was no expectation to pursue this mitzvah, and this seems to be the impression of the Gemara regarding all mitzvos.
Understanding Strange Statements in the Gemara
A Karaite once debated a great sage who was also learned in non-Jewish literature. The Karaite chose a strange sounding statement from the mitzvah of Shiluach HaKein to demonstrate what he thought was the obviously ridiculous nature of Talmudic discourse.
“In Chullin 139 the Talmud wonders about the halachah of a bird nesting on a human’s head. Have you ever heard of anything more ridiculous in your life? What human would ever allow a bird to nest on his head?”
The chacham did not hesitate for a moment. “In earlier works in Greek we find that there were monks who worked hard to nullify their material selves. They were willing to do any self-mortification to attain this goal. One of the ways they worked to completely divest themselves from their physical senses was to stand for long periods without any motion whatever. They would choose a deserted place, like a desert or field, thinking as deeply as they could, while carefully standing absolutely inert. These works record that the monks were so still that birds thought they were statues and nested on their heads. Of course, this is a very specialized kind of physical torture, but these monks accepted this on themselves to help them come to this state.
After showing the Karaite this in the Greek work, the chacham concluded, “Since there were such monks in the times of the sages of the Talmud as well, is it any wonder that they discuss the halachic ramifications of one who finds a bird nesting on someone’s head?”
Tefilas haDerech
One that travels a Parsah beyond the city’s limits, must pray to complete the trip in safety, by reciting the prayer of Tefilas haDerech. The distance of a parsah is equivalent to 8000 amos (4 mil) which in our terms range from 3.840 km. / 2.385 miles (per Rav Noah) to 4.640 km. / 2.9 miles (According to the Chazon Ish) to 4.800 km./3 miles.
The Rogatchover wonders if one who flies in an airplane can, in fact, be compared to a road traveler to recite the brachah. Interestingly, the Rogatchover quotes the Gemara in Chulin 139, which discusses the mitzvah of shiluach hakein (sending away the mother bird). The Gemara asks if one who finds a nest at sea must do shiluach hakan, and the Gemara responds, “He is obligated because it says, ‘He Who made a way (derech) in the sea.’ (Yeshaya 43:16)” And, when discussing shiluach hakein, the Torah says, “If a bird's nest chances before you on the road “derech” (Devarim 22:6).
The Gemara then asks if one must fulfill the mitzvah if the nest is found in the air, because it says, “The way (derech) of an eagle in the heavens.” (Mishlei 30:19) But the Gemara responds, “The way of an eagle is called; an unspecified way is not called.” In other words, the air cannot be referred to as a “derech”. Hence, the Rogatchover holds that tefillat haderech (the traveler’s prayer) should not be recited in an airplane but said while the plane is moving on the runway.
