One of the mitzvot that may at first glance appear strange may actually contain one of man’s ultimate lessons in this world—this is the mitzvah of Shiluach HaKen (sending away the mother bird from its nest).
It says in the Torah:
If a bird’s nest happens to be before you on the road, on any tree, or on the ground—young birds or eggs—and the mother is roosting on the young birds or on the eggs, you shall not take the mother with the young. You shall surely send away the mother and take the young for yourself, so that it will be good for you and will prolong your days.
The Zohar says the following regarding the above verses: “This is one of the Torah’s hidden precepts. And within this precept, there are hidden secrets inside the known trails and avenues of the thirty-two pathways of the Torah.”[1] We will discuss one of the simpler perspectives of this mitzvah and its educational purpose for man in the world.
A traveler embarks on a long journey. He eats the food that he has brought along as well as fruit such as figs and pomegranates from the fruit trees he encounters on the way, or he hunts birds such as pheasants and the like. Suddenly, he sees a bird roosting on its offspring. Why can’t he take this bird for food as he would any other meat?
Perhaps this can be clarified through the story told in the book of Melachim when the soldiers of Aram were struck with blindness, and the prophet Elisha led them as captives to the king of Israel. The king asked Elisha, “Shall I strike them down, my father?” But he said, “Do not strike them down! Would you strike down people whom you have captured with your sword and your bow? Rather, place food and water before them. Let them eat and drink and return to their masters.”
And indeed the king took his advice. “So he prepared a large meal for them, and they ate and drank; and he sent them away and they went to their masters.”[2]
This demands an explanation. We’re talking about enemies that came to fight and only by way of miracle did they fail in their attempt, so why not kill them? The answer lies in Elisha’s words: “Would you strike down people whom you have captured with your sword and your bow?”
Meaning, had you killed them at war it would have been perfectly acceptable. But rising against captives and killing them teaches you cruelty.[3]
This is also true in our case. A person who captures a bird is permitted to eat it after making it kosher according to Jewish law. However, someone who takes advantage of a mother bird that is roosting on her offspring, thinking that because of her self-sacrifice and responsibility toward her children she will not move and would therefore be an easy target—by taking a bird under those circumstances he would be exploiting her devotion and the goodness of her heart. This will ultimately lead him to cruelty. Therefore it says, “Send away the mother.”
In light of this, we can understand the mishnah that explains the following: “One who says [in prayer], ‘Your mercy is demonstrated through the treatment of the mother bird’—is to be silenced.”[4] One of the reasons given for this in the Talmud is so that the person does not confuse G-d’s decree as an act of mercy.[5] While we may understand the reasons behind certain decrees, it is still forbidden to try and interpret them. After all, this is not about having mercy on an animal that’s meant to be eaten and corrected; rather, the mercy comes as a warning against the destruction of a person’s character traits.[6] This mitzvah certainly has many other facets.[7] This is only a small taste of one of them
Notes and Sources
[1] Zohar, Parshat Shemot 8a. (Refer to the full Zohar regarding this matter.)
[2] Refer to Melachim II 6:21–22.
[3] Certainly this refers to murder without purpose, even though it would be justified to kill your enemies. In the case presented here, their murders would not have been justified. As a result of their fear of Elisha, “The bands of Arameans no longer came into the land of Israel” (ibid. 6:23).
[4] Berachot 5:3.
[5] Ibid. 33b.
[6] According to the opinion of the Rambam in Guide to the Perplexed (part 3, 48) this opinion in the Gemara suggests that we should not be looking for reasons for the mitzvot at all—there is no law based on this opinion. Refer to the source for his words.
[7] See Sefer HaChinuch, mitzvah 545; the Rambam’s explanation in Guide to the Perplexed (part 3, 48); and the Ramban’s commentary on the Torah (Devarim 22:6).
Adapted from “The Keys to Life” by Rabbi Zamir Cohen