QUESTION: If the mother bird returns to her nest, can I accomplish the mitzvah again by sending away the mother again?

ANSWER: Shulchan Aruch (YD 292:5) writes that if one sent away the mother bird and she returned to the nest before one had a chance to take the eggs, one must send her away again. Once one picks up the eggs and takes possession of them, even if the mother returns, one is no longer required to send her away, and doing so is no longer a fulfillment of a mitzvah. However, if one placed the eggs back in the nest and declared them hefker (ownerless), the mitzvah can be accomplished again.

The mitzvah can only be performed so long as the eggs or young remain viable (Shulchan Aruch YD 292:7). Research has indicated that if the mother remained away for an extended period of time, even if she later returns, it is likely that the eggs or young have perished. The mother bird may continue to sit on the eggs even if they are no longer viable.

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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.