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Can someone please explain the exact circumstances?
If I find a nest on my porch with a bird and an egg, is it a mitzvah to send the mother away or does it only apply when one is on the way? ….
So I think it needs to be hefker property.
So this guy near me had one on his porch, so he made it hefker.
So I went and was koneh the land. Then I filed a claim to quiet title and he couldn’t dispute it, since he knew he had made it hefker. Now, his mortgage company is suing him, and also suing me. We’ll see what happens.
I leaned, halachically since nowadays we are doing the mitzvah for other reasons, it does not have to be in a hefker place, if you think you will never be able to do this mitzvah again.
It used to be people would eat the birds, and therefore it would have to be in a hefker place. In some places it is so hard for this mitzvah to come by, we are supposed to go according to the most lenient psak, which means in this case you would not have to make the area hefker.
What it means when it says you have to chance upon it is: you cannot raise birds to lay eggs and then do the mitzvah of shiluach hakan. It has to be just found.
Just a tip: make sure it’s the mother that your shooing away and not the father, otherwise you’re not yotzei the mitzvah. Some birds like the dove and pigeon to be exact, the father lays on them during the day, and the mother only comes at night.
I hope I was of help to you, and if you have any other questions I will be happy to assist you if I can. (We learned these halachos in Great depth.) Tizku Lmitzvos.
The Torah lists the schar for the mitzvah of Kibud Av V’Eim.
It has to be hefker before it was layed.
R’ Elyashiv says that you have to physically pick up the mother and shoo her away, which is almost impossible because they have eyes on the side of their head.
All you have to do is pick up the eggs or chick 12 tfachim and put it back down. after you do it, it can be done by others again.
Its also a big mitzva to be very careful while doing it.
Star K has a small sefer online all about it, google it.
It seems that the pasuk gives two very clear criteria that people don’t meet today when they do shiluach haken.
1- ?? ???? ?? ????? — They don’t “happen upon it.” They go looking.
2- ??? ????? ??? ?? — You have to actually be doing it for the eggs.
wait Itche,
so this mitzvah can’t be done Lishma (you have to do it b/c you want the eggs not the mitzvah?)
Shikchah also can’t be done lishmah.
also must be kosher bird
“Can someone pls quote me the posuk regarding the mitzvah?”
It’s in Dvorim 22:6
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