Positive Mitzvah 

74

Send away from the nest

 

If we find a bird’s nest on the way and the mother is sitting on the chicks or on the eggs and we want to take them, it is required to send away the mother first and thereafter take them.

As it says “You shall surely send away the mother” and thereafter “take the young for yourself” Devarim 22:7

 

The way of sending is to take hold of the wings and make it fly.

If it was sent and returns even many times we are obligated to send it away again.

If it was hovering and the wings touched the nest we have an obligation to send it away but if not, we are exempt from sending it away.

The sending from the nest applies only to kosher birds that are not set up deliberately.  (found on ones way in a tree or field)

applicable to  chicks that cannot fly yet and need the mother-bird or the eggs that are not infertile and rotting 

 

If he transgresses and takes the mother and the chicks he must still send away the mother.

If he slaughtered the mother or it dies before he sent it away, he cannot fulfil this commandment and violates a negative commandment. (-189)

 

Also if someone came and snatched the mother from his hands and sent it away or if it slipped out of his grasp he gets lashes since he did not perform the commandment.

 

If he took the mother and clipped its wings so that it cannot fly and then sent it away, he should get lashes for disobedience and should keep it with him until the wings grow back and then send it away.

 

This applies in all places at all times.

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