QUESTION: Can one perform shiluach haken if the bird has signs of a kosher bird, but we do not have a proper “mesorah” (tradition) that it is a kosher bird?

ANSWER: The mitzvah of shiluach haken applies only to kosher birds. Although Ashkenazim follow the ruling of the Rema (YD 82:3) that one may only eat those species of birds for which we have a clear mesorah (tradition), poskim write that one may perform the mitzvah of shiluach haken even with birds that do not have a mesorah, so long as they exhibit the signs of a kosher bird [Hisorerus Teshuva 4:155, R. Shamshon Raphael Hirsch (Chorev), Minchas Elazar 3:43]. Poskim write that when performing the mitzvah with birds that do not have mesorah, since one may not eat the eggs, it is proper to return the eggs to the nest right away to minimize the pain to the mother. Also, because of the doubt, all would agree that a beracha should not be said. The most common birds in the New York area that can be used for shiluach haken are Canadian geese, mallard ducks, pigeons, doves and robins. Sparrows are also acceptable, but they are cavity nesters, and their nests are often too hard to reach. The blue jay is not acceptable for shiluach haken. Shiluach haken applies only to the mother bird, and an expert should be consulted as to how to determine the gender of the bird.

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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.