Page 238 - Tzurba M'Rabanan Volume1

236 · Hilchot Shiluach HaKein Tzurba M’Rabanan

Summary of Hilchot Shiluach Hakein

Reasons for the Mitzva

1. Chatam Sofer/Ramban – To learn not to be cruel.

2. Zohar – To cause the mother to ask for mercy for her young, which will cause
Hashem to have mercy on us.

3. Gilyon Maharsha – One can merit having children through fulfilling the mitzva.

Must One Try to Fulfill the Mitzva

1. Gemara – There is no obligation to search for a nest to fulfill the mitzva.

2. Arizal (in Birkei Yosef) – One should try to find a nest to fulfill the mitzva.
3. Chatam Sofer – There is no obligation.
4. Chavot Yair – If one encounters a nest, one must perform the mitzva.

5. Ran/Chazon Ish – Even if one encounters a nest, one need not perform the mitzva
if one does not need the young.

Mezuman/A Nest in One’s Property

1. Mishna – There is no mitzva in this case.
2. Gemara – This is derived from the words ki yikarei.
3. Shulchan Aruch – A nest in one’s property is not subject to the mitzva unless the
mother has not yet flown away from the nest.
4. Igrot Moshe – One may declare one does not want to acquire the nest, and thereby
fulfill the mitzva even in this case.
5. Minchat Shlomo – One may not fulfill the mitzva in the above manner.

6. Shale’ach Teshalach – One’s property is defined as a secured courtyard in which a
person would leave his possessions without fear of theft.

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