If you chance upon a bird’s nest…you shall send away the mother bird (Devarim 22:6-7)

A few weeks ago, my wife noticed there was a mother bird sitting on a nest in a tree just outside my daughter’s room. I immediately became excited because maybe I would be able to perform the mitzvah of Shiluach HaKan, sending away the mother bird. This week’s parsha tells us that if you find a mother bird sitting on eggs, you are to scare away the mother bird and take the egg. So I asked my Rav about this mitzvah to see if I could perform it and, if I could, how do I properly perform it.

My Rav did research on this (this is actually a great amount written on this mitzvah even though it is only two verses in the Torah) and found two very different opinions. Before explaining the opinions, I should point out that I was not planning on keeping the egg I would take. If I had a use for the egg (i.e. omelet), the answer would be different.

The first opinion is from the Zohar and it states that I should do the mitzvah. I should scare the mother bird away, lift up the egg to take possession of it, and then return it. By doing this, I am performing the mitzvah and receive beautiful blessings (i.e. long life, good children).

The second opinion, from the Chasam Sofer, argues and says that I should not perform the mitzvah if I’m not going to keep the egg. If I scare the mother bird, the only act I have done is behave with cruelty to the mother bird. I am taking her egg for no good reason and that is not nice.

This is not a halachic (Jewish law) work and therefore I am not going to state which opinion my Rav told me to follow. There is a more important lesson: a person needs to ask questions to a Rav. Imagine if I scared the mother bird without asking. Well, I might be getting a beautiful reward, but then again, I might get a terrible punishment for being a cruel person. It is a 50/50 chance, which are not the best of odds, especially when you are dealing with spiritual matters. Sometimes the same act can be performed and it can be a great act or a bad act. It all depends on which opinion you hold.

Different people hold like different opinions and that is fine, as long as one is consistent. A Rav is able to determine which opinion is the correct one for you and he also has Heavenly help from Hashem to make the right decision. Our job is to ask the Rav the question. And let’s say the Rav tells you the wrong answer. This is not your problem. Your job in this world is to ask the question. Therefore, a person should make sure that he or she has a Rav to ask questions.

Good Shabbos!
-y.e.s.
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