web analytics
September 2, 2014 / 7 Elul, 5774
At a Glance
Judaism
Sponsored Post
Jerusalem Mayor Nir Barkat (L) visits the JewishPress.com booth at The Event. And the Winners of the JewishPress.com Raffle Are…

Congratulations to all the winners of the JewishPress.com raffle at The Event



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.  

 

This week’s Daf Yomi Highlights is based upon Al Hadaf, published by Cong. Al Hadaf, 17N Rigaud Rd., Spring Valley, NY 10977-2533. Al Hadaf, published semi-monthly, is available by subscription: U.S. $40 per year; Canada $54 per year; overseas $65 per year. For dedication information contact Rabbi Zev Dickstein, editor, at 845-356-9114 or visit alhadafyomi.org.

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
Hamas' Ismail Haniyeh would replace Abbas chairman of the Palestinian Authority if elections were held today.
Poll: Hamas Would Rule Judea and Samaria in New Elections
Latest Judaism Stories
shofar+kotel

If you had an important court date scheduled – one that would determine your financial future, or even your very life – you’d be sure to prepare for weeks beforehand. On Rosh Hashanah, each individual is judged on the merit of his deeds. Whether he will live out the year or not. Whether he will […]

The_United_Nations_Building

It is in the nature of the Nations of the World to be hostile towards the Jewish People.

Taste-of-Lomdus-logo

First, how could a beis din of 23 judges present a guilty verdict in a capital punishment case? After all, only a majority of the 23 judges ruled in favor of his verdict.

Of paramount importance is that both the king and his people realize that while he is the leader, he is still a subject of God.

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

Question: The Gemara in Berachot states that the sages authored our prayers. Does that mean we didn’t pray beforehand?

Menachem
Via Email

When a person feels he can control the destiny of other people, he runs the risk of feeling self-important, significant, and mighty.

Needless to say, it was done and they formed a great relationship as his friend and mentor. He started attending services and volunteered his time all along putting on tefillin.

He took me to a room filled with computer equipment and said, “You pray here for as long as you want.” I couldn’t believe my ears.

On Friday afternoon, Dov called Kalman. “Please make sure to return the keys for the car on Motzaei Shabbos,” he said. “We have a bris on Sunday morning and we’re all going. We also need the roof luggage bag.”

On Chol HaMoed some work is prohibited and some is permitted. According to some opinions, the work prohibition is biblical; according to others, it’s rabbinical.

If there is a mitzvas minuy dayanim in the Diaspora, then why is there a difference between Israel and the Diaspora in the number of judges and their distribution?

Judaism is a religion of love but also a religion of justice, for without justice, love corrupts.

The time immediately preceding Mashiach’s arrival is likened to the birth pangs of a woman in labor.

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

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

Daf-Yomi-logo

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)

Ancient Cities, Ancient Walls
(Megillah 3b-4a)

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

Scan this QR code to visit this page online: