web analytics
September 17, 2014 / 22 Elul, 5774
At a Glance
Judaism
Sponsored Post
Apartment 758x530 Africa-Israel at the Israel Real Estate Exhibition in New York

Africa Israel Residences, part of the Africa Israel Investments Group led by international businessman Lev Leviev, will present 7 leading projects on the The Israel Real Estate Exhibition in New York on Sep 14-15, 2014.



Daf Yomi


Daf-Yomi-logo

Remember The Sabbath Day…
Shiluach HaKen Applies In Temple Times And After’
(Chullin 138)

 

The Torah (Devarim 22:6) states that one who finds a bird’s nest with chicks or eggs on the road or in a tree may not take the mother bird while she is on her young. One must send away the mother bird and only then take the young. This is referred to as the mitzvah of Shiluach HaKen.

The Mishnah on our daf says that this mitzvah applies both during the times of the Beis HaMikdash and after. The Gemara comments that this is a superfluous statement because there is no reason to assume that the mitzvah would  apply only when there is a Beis HaMikdash extant.

 

A Query To The Chasam Sofer

The following question was asked of the Chasam Sofer (Responsa Orach Chayyim 100): If someone happens upon a nest on Shabbos, is he required to perform the mitzvah of Shiluach HaKen or not?

Vehabanim Tikach Lach

In answer to this query, the Chasam Sofer first goes into a lengthy analysis of the mitzvah in which he cites the Chacham Tzvi, among others, who is of the opinion that one is only required to send away the mother bird but is not required to take the chicks. In his view, the Torah merely stated the word’s “vehabanim tikach lach – and the children take for you” as a segula – that in the merit of this mitzvahone will be blessed with children.

Evoking Compassion

The Chasam Sofer also cites the Zohar (Tikunei Zohar, Tikuna 6, as cited by Responsa Chavos Yair, siman 67), which offers the following kabbalistic reason for the performance of this mitzvah. When one sends the mother bird away and then takes her young, one evokes feelings of compassion in the mother who by nature takes pity on her young. The mother bird’s merciful cry arouses Hashem’s compassion for His “young,” Bnei Yisrael, and causes Him to take pity on us.

However, according to Zohar, one is prohibited from performing this mitzvah on Shabbos because beseeching Hashem for mercy is prohibited on Shabbos.

 

Nigleh Or Nistar

The Chasam Sofer points out that our Gemara apparently differs with the Zohar. The Gemara had argued that the statement that the mitzvah of Shiluach HaKen applies whether the Beis HaMikdash is extant or not is self-evident and therefore superfluous. But it is hardly superfluous according to the Zohar. One may have thought that the mitzvah only applies during our exile when we are in special need of Hashem’s mercy for our redemption. Thus, we need the Gemara to tell us that this reasoning is false – that we need Hashem’s mercy even during the era of the Beis HaMikdash. Our Gemara, however, does find the Mishnah’s statement to be superfluous. Thus, we see that the Zohar’s reasoning is not accepted by the Talmud, and the Chasam Sofer notes that whenever there is a dispute between nigleh and nistar (i.e., the Talmud and Kabalah) we follow nigleh.

Tzeidah Or Muktzeh

The Chasam Sofer, however, offers another reason to prohibit performing the mitzvah on Shabbos. According to the Rambam (Hilchos Shechitah 13:5) the mitzvah entails grabbing the bird’s wing with one’s hand and causing it to fly away. Thus, according to the Rambam, sending away the bird on Shabbos is prohibited since one would violate the melachah of trapping – tzeidah. Even if one does not “trap” the bird, sending it away is still prohibited because the bird is muktzeh and the mitzvah of Shiluach HaKen does not override the prohibition of muktzeh.  

About the Author: RABBI YAAKOV KLASS, rav of Congregation K’hal Bnei Matisyahu in Flatbush, Brooklyn, is Torah Editor of The Jewish Press. He can be contacted at yklass@jewishpress.com. RABBI GERSHON TANNENBAUM, rav of Congregation Bnai Israel of Linden Heights, Boro Park, Brooklyn, is the Director of Igud HaRabbanim – The Rabbinical Alliance of America.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Daf Yomi”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Gidon Saar Resignation Announcement
Minister Gidon Saar Unexpectedly Announces Resignation
Latest Judaism Stories
Jonah and the Whale (2012) 23 x 23, bronze relief by Lynda Caspe.

Jonah objected to God accepting repentance based on ulterior motives and likely for short duration.

15th century Book of the Torah

This week’s parsha offers a new covenant; a covenant that speaks to national life unlike any other

Leff-091214

All Jews are inherently righteous and that is why we all have a portion in the World to Come.

Grunfeld-Raphael-logo

If mourning is incompatible with Yom Tov, why is it not incompatible with Shabbat?

Since it is a Rabbinic prohibition we may follow the more lenient opinion.

How can the Torah expect me today, thousands of years after the mitzvahs were given, to view each mitzvah as if I’m fulfilling it for the first time?

Torah isn’t a theological treatise or a metaphysical system but a series of stories linked over time

In contrast to her Eicha-like lamentations of the previous hour or more, however, my youngest was now grinning from ear-to-ear.

An Astonishing Miracle
‘Why Bring the Infants to Hakhel?’
(Chagigah 3a)

Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

Name Withheld

e are in a time of serious crisis and must go beyond our present levels of chesed.

According to Ibn Ezra, the Torah was stressing through this covenant that hypocrisy was forbidden.

“Tony said that the code in most places in the U.S. is at least 36 inches for a residential guardrail,” replied Mr. Braun. “Some make it higher, 42, or even 52 inches for high porches. What is the required height according to halacha?”

Simcha is total; sahs is God’s joy in protecting us even when we are most vulnerable.

Not only do we accept You as our King, it is our greatest desire that the name of Your Kingdom be spread throughout the entire universe.

More Articles from Rabbi Yaakov Klass and Rabbi Gershon Tannenbaum
Daf-Yomi-logo

An Astonishing Miracle
‘Why Bring the Infants to Hakhel?’
(Chagigah 3a)

Daf-Yomi-logo

A Blast At A Funeral?
“R. Hamnuna Came To Daramutha…”
(Moed Kattan 27b)

Untimely News
‘A Mourner Is Forbidden To Wear Shoes…’
(Mo’ed Katan 20b)

Discretion
‘Vendors Of Fruits And Clothing…May Sell In Private’
(Mo’ed Katan 13b)

An Outcast
‘He Shall Dwell Outside His Tent’
(Moed Katan 7b)

Pondering A Kapandria
“It Should Not Be Used As A Shortcut”
(Megillah 29a)

The Gender Factor
‘Where There Is Loss Of Work…
Three Are Called To The Torah’
(Megillah 22b)

Hallel On Purim?
“Its Reading Is Its Praise”
(Megillah 14a)

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/daf-yomi/2011/11/12/

Scan this QR code to visit this page online: