The Mysterious Mother Bird

Is there a reward for doing Mitzvot?

One of the most mysterious texts in the Tanakh is the commandment in Devarim to send away a mother bird before you take her eggs from her nest.

The Torah She'Bal Peh (Oral Law) expands upon these pesukim in with the Mishnah, giving the Torah SheBichtav (Written Torah) some more details.

(א) שלוח הקן נוהג בארץ ובחוצה לארץ, בפני הבית ושלא בפני הבית, בחלין אבל לא במקדשין.... ושלוח הקן אינו נוהג אלא בעוף, ואינו נוהג אלא בשאינו מזמן. איזהו שאינו מזמן, כגון אוזין ותרנגולים שקננו בפרדס. אבל אם קננו בבית, וכן יוני הרדסיאות, פטור משלוח.

(1) [The law of] sending [away the mother bird from] the nest [before taking the eggs] applies in the land [of Israel] and outside of the land, at the time of the Temple and not during the time of the Temple, for chulin [produce or food permitted for general consumption] but not for for mukdashim [animals or food which are holy and not available for general consumption]... And sending [the mother bird from] the nest only applies for a bird, and only applies when it is not in possession. Which one is not in possession? For example, geese and chickens which nested in the field.

(ו) כִּ֣י יִקָּרֵ֣א קַן־צִפּ֣וֹר לְפָנֶ֡יךָ בַּדֶּ֜רֶךְ בְּכָל־עֵ֣ץ א֣וֹ עַל־הָאָ֗רֶץ אֶפְרֹחִים֙ א֣וֹ בֵיצִ֔ים וְהָאֵ֤ם רֹבֶ֙צֶת֙ עַל־הָֽאֶפְרֹחִ֔ים א֖וֹ עַל־הַבֵּיצִ֑ים לֹא־תִקַּ֥ח הָאֵ֖ם עַל־הַבָּנִֽים׃ (ז) שַׁלֵּ֤חַ תְּשַׁלַּח֙ אֶת־הָאֵ֔ם וְאֶת־הַבָּנִ֖ים תִּֽקַּֽח־לָ֑ךְ לְמַ֙עַן֙ יִ֣יטַב לָ֔ךְ וְהַאֲרַכְתָּ֖ יָמִֽים׃

(6) If a bird’s nest happens to be before you while you are on your way [walking around], in any tree or on the ground, with young ones or eggs, and the Mother Bird sitting upon the young, or upon the eggs, you shalt not take the Mother Bird with the young; (7) You shall let the Mother Bird go, but the young you may take for yourself [to eat]; In reward: all will be well for you, and that your days will be prolonged [made longer].

1) What details have been added to the Mitzvah?





After the time period of the Tannaim, a new generation of Rabbis began to pass down the Toshba. These rabbis were called the Ammoraim, and they lived in both Israel and Babylonia from 220ce-700ce. They tried to explain the laws that they found in the Mishnah, and reinterpret those laws for their own time period. The conversations that the Ammoraim had about the Mishnah can be found in the Talmud. In 7th and 8th grade Toshba, you will learn Talmud!

Here is what the Ammoraim had to say about this strange Mitzvah of sending away the mother bird:

בכיבוד אב ואם כתיב (דברים ה, טו) למען יאריכון ימיך ולמען ייטב לך בשילוח הקן כתיב (דברים כב, ז) למען ייטב לך והארכת ימים הרי שאמר לו אביו עלה לבירה והבא לי גוזלות ועלה לבירה ושלח את האם ונטל את הבנים ובחזירתו נפל ומת היכן טובת ימיו של זה והיכן אריכות ימיו של זה אלא למען ייטב לך לעולם שכולו טוב ולמען יאריכון ימיך לעולם שכולו ארוך

About honouring parents, it is written, "In order that your days will be lengthened, and in order that it would be good for you" (Deuteronomy 5:15). About sending away the mother bird, it is written, "In order that it will be good for you and your days will be lengthened" (Deuteronomy 22:7). For when his father says to him, "Go up to the attic and bring me chicks!" And he goes up to the attic, sends away the mother [bird], and takes the children, but on his return, he falls and dies. Where is the goodness of this one's days? Where are the lengthening of this one's days? Rather, "In order that it be good for you"—in the world which is all good; "And in order that your days will be lengthened"—in the world which is all long.

2) Instead of making the situation clearer, the Ammoraim question the truthfulness of the Mitzvah! They do this by creating a hypothetical story of what could happen when a child goes to send away the mother bird. Summarize the story below:







From Maimonides Guide of the Perplexed (3, 48)

"People should be restrained and prevented from killing the two together in such a manner that the young is slain in the sight of the mother, for the pain of the animals under such circumstances is very great. There is no difference in this case between the pain of man and pain of other living beings, since the love and tenderness of the mother for her young ones is not produced by reasoning, but by imagination, and this quality (to care for ones' children) exists not only in man but in most living beings."

Later, around the year 1200ce, two medieval rabbis tried again to explain the Mitzvah from the Tanakh. They were Rambam (Maimonides) and Ramban (Nachmanides).

From Nachmanides on Deuteronomy (22:6)

"Scripture will not permit a destructive act that will cause the extinction of a species even though it has permitted the ritual slaughtering of that species. And he who kills mother and children in one day, or takes them while they are free to fly away, is considered as if he destroys the species."

Also around the year 1200, a Jewish Mystical text call The Zohar was written by Moses de Leon. The Zohar tried to give every Mitzvah a spiritual reason:

"The Zohar explains that this mitzvah is meant to awaken and intensify God's mercy on All creations. The pain which the mother bird suffers when she is sent away and forced to abandon her young "awakens the forces of mercy in the world" and releases an outpouring of mercy from the heavens above which alleviates all kinds of human suffering."

The Zohar is saying that when we on earth do acts of mercy/kindness, God too is doing those acts for us.

Across over 1000 years, Jews have wondered about this strange case of the Mother Bird. We are still left with many questions. Here are some questions Modern Jewish Thinkers today have wondered about - What do you think?

3) If someone happens upon a nest but has no interest in the young birds or eggs, should she still send away the mother and take the eggs?




4) Should one search for such a nest so that she may fulfill this mitzvah?




5) What if the nest is in a tree in one's back yard? Does that count?




6) Does the mitzvah of apply to all types roosting mother birds?




7) Does the Mitzvah apply to Father Birds too?