QUESTION: Can one accomplish the mitzvah of shiluach haken by appointing someone to send away the mother bird and acquire the eggs on your behalf?

ANSWER: Rav Sternbuch (Teshuvos V’hanhagos 3:329) writes that there is a disagreement among poskim as to whether one can perform the mitzvah of shiluach haken by appointing an agent to do it on your behalf. He writes that it would seem to him that all would agree that if you are not present and do not see the mother bird sitting in her nest, then you cannot appoint an agent to send her away. The mitzvah opportunity begins only once you actually “happen upon” the nest. Some poskim write that so long as you send away the mother bird (such as by knocking the nest with a long pole), you can appoint an agent to climb the tree and help you retrieve the eggs. The agent should have in mind not to acquire the eggs but rather should bring them to you so that you can pick them up and acquire them. Other poskim write that you can appoint an agent to chase away the mother bird, provided that you climb the tree and retrieve the eggs . (See Kuntres Va’yaan Shmuel, vol. 7, p. 312)

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