QUESTION: If one happens upon a bird’s nest on Shabbos, can they fulfill the mitzvah of shiluach haken?

ANSWER: There is a disagreement among poskim as to whether one is permitted to perform the mitzvah of shiluach haken on Shabbos. The accepted ruling is that it should not be done (Sefer Shalei’ach Teshalach, siman 29). Although the mitzvah of chasing away the mother bird can be accomplished without touching the mother (according to some poskim, as discussed in an earlier Halacha Yomis), and would therefore not be a Shabbos violation, part of the mitzvah entails picking up the eggs to acquire them. The eggs that the mother bird was sitting on are considered muktzah. The disagreement hinges on whether one is permitted to move muktzah for the sake of a mitzvah. The Chasam Sofer (OC 100) forbids moving muktzah for the sake of a mitzvah; this is cited as halacha by the Mishnah Berurah (Beiur Halacha 638, s.v. Kol). The Chasam Sofer also cites Kabbalistic reasons for why it is inappropriate to perform the mitzvah of shiluach haken on Shabbos.

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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.