S.A.L.T. - Sunday
Parashat Ki-Teitzei contains the famous mitzva of "shilu'ach ha-kan," the obligation to send away a mother bird before taking her eggs from underneath her (22:6-7). What is the underlying theme of this obligation? What message does the mitzva of "shilu'ach ha-kan" convey?
The Rambam, in his Moreh Nevukhim (3:48, cited by the Ramban in his commentary to these verses), takes the most obvious approach, that this mitzva is intended to engender within us compassion and sensitivity. Since a mother bird will experience terrible sorrow upon seeing the loss of her young, the Torah instructed us to show sensitivity and send her away so that she does not witness the young chick's removal from the nest. The Rambam notes that his view appears to be contradicted by the mishna in Masekhet Berakhot (33b), which writes explicitly that one should not view this mitzva as an expression of divine compassion and sensitivity. The Rambam, however, claims that this mishna follows the view espoused by some rabbis of the Talmud that we mustn't make any attempt to identify the reasons underlying the mitzvot. We are to perceive the commandments as nothing more or less than divine decrees; the reasons behind them should be of no interest to us whatsoever. But we, the Rambam claims, follow the opposing view, which permits and in fact encourages probing the mitzvot to uncover their underlying reasons.
The Sefer Ha-chinukh (537) suggests a different explanation for this mitzva. He claims that by sending away the mother bird, rather than seizing it together with its young, we remind ourselves of God's providence over the animal kingdom, how He ensures to save all species from extinction. Just as a person may not take an entire nest of birds, so will the Almighty never let an entire family of creatures be destroyed. This reminder will then reinforce our belief in God's providence and protection over us if we obey His mitzvot. (The Sefer Ha-chinukh follows this same approach in explaining the prohibition of "oto ve-et beno" – Vayikra 22:28.)
An entirely different approach is taken by Rav Shimshon Refael Hirsch, in his commentary to these verses. He claims that refraining from taking the mother bird expresses one's appreciation and respect for motherhood. We are to reward the mother bird, so-to-speak, for her caring devotion to her young by setting her free.
In this vein, Rav Hirsch explains the numerous associations we find between this mitzva and family life. For one thing, the Torah here promises long life as reward for observance of this mitzva. One who shows his appreciation for the process of nurturing and raising offspring, the building and development of life, is blessed with continued life. Significantly, the only other mitzva which the Torah rewards with long life is honoring parents (Shemot 20:12; Devarim 5:16) – another mitzva intended to express one's appreciation of parenthood. Furthermore, immediately after this mitzva of "shilu'ach ha-kan" the Torah mentions the obligation of "ma'akeh" – to build a fence around the flat roof of a new house. Rashi, based on the Midrash Tanchuma, comments that one is rewarded for his observance of "shilu'ach ha-kan" by having the ability to build a new house. One who expresses his commitment to the value of family life and parenting is blessed with a new home in which to apply and implement these ideals.
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