QUESTION: When performing shiluach haken, how far must the mother bird be sent away from her nest? What if she is watching from a nearby branch?

ANSWER: Shulchan Aruch (YD 292:4,11) writes that as long as the bird leaves the nest, that is sufficient. There is no requirement for the distance she must go. However, if she flies away and returns before you take the eggs, you must send her away again. Even if her wings are flapping against the nest, it is considered as though she has returned to her nest. If she perches herself between two branches of the tree directly above the nest such that if you were to pull apart these branches the mother bird would fall directly on to the nest, you must send her away. Since she is directly above her nest, it is as though she is perched on her eggs. Even though she is out of reach, it is forbidden to take the eggs.

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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.