QUESTION: Is the mitzvah of shiluach haken an obligation or is it optional?

ANSWER: All agree that there is no formal obligation to seek out a nest to fulfill this mitzvah, as stated explicitly in the Gemara (Chulin 139b). However, there is a major dispute between poskim whether one who happens upon a nest is obligated to perform shiluach haken or whether it is optional. The Chasam Sofer (O.C. 100) and many others maintain that shiluach haken is required only if one wishes to take the eggs for his own use. In this respect, shiluach haken is like shechita, which is a need-based mitzvah. (In halachic terminology, we would refer to shiluach haken as a matir, an act that permits something, in this case, egg retrieval.) On the other hand, the Chavos Yair (66, quoted by Pischei Teshuvah Y.D. 292:1) leans toward the opinion that one who happens upon a bird’s nest is obligated to send away the mother and retrieve the offspring, even if there is no interest in their use. (According to this view, shiluach haken is not similar to shechita.) Though most poskim subscribe to the position that the mitzvah is optional, many recommend making every effort to fulfill this special mitzvah because of the merit associated with it (Aruch Hashulchan YD 292:1, Birkei Yosef Y.D. 292:6 and others).

Although one may feel that they should not agitate the mother bird if they do not have any intention to keep the fledglings or eggs, there is another dimension to this mitzvah cited by Rabbeinu Bachya (Devarim 22:7). He writes that when the mother bird feels the pain of being separated from her offspring, the angel over birds begs for compassion from Hashem. As a result, Hashem extends His compassion upon all in the world that need it.

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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.