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Daf 142aאֲמַר רַב יוֹסֵף: אִלְמָלֵא דְּרָשֵׁיהּ אַחֵר לְהַאי קְרָא כְּרַבִּי יַעֲקֹב בַּר בְּרַתֵּיהּ – לָא חֲטָא. מַאי חֲזָא? אִיכָּא דְּאָמְרִי: כִּי הַאי מַעֲשֶׂה חֲזָא, וְאִיכָּא דְּאָמְרִי: לִישָּׁנָא דְּרַבִּי חוּצְפִּית הַמְּתוּרְגְּמָן חֲזָא, דַּהֲוָה מוּטֶּלֶת בָּאַשְׁפָּה. אָמַר: פֶּה שֶׁהֵפִיק מַרְגָּלִיּוֹת יִלְחוֹךְ עָפָר? וְהוּא לֹא יָדַע ״לְמַעַן יִיטַב לָךְ״ – בָּעוֹלָם שֶׁכּוּלּוֹ טוֹב, ״וּלְמַעַן יַאֲרִיכוּן יָמֶיךָ״ – בָּעוֹלָם שֶׁכּוּלּוֹ אָרוֹךְ. הדרן עלך שילוח הקן וסליקא לה מסכת חולין
Rav Yosef said: Had Aḥer,
SUMMARY
This chapter, like the previous ones, focused almost exclusively on a specific mitzva. In this case, the chapter focuses on the mitzva of sending away the mother bird from the nest. The mishna taught that this mitzva applies in all places and at all times, but it does not apply to consecrated birds. The halakhic discussions in this chapter dealt with the details of this mitzva, i.e., to which birds, and under which circumstances, does the mitzva apply. It was taught that this mitzva applies only to birds and not to other animals. Additionally, it applies specifically to birds considered not readily available. Accordingly, only wild birds and some partially domesticated birds are included in the mitzva, while birds that are fully domesticated and kept in one’s home are excluded. It is also taught that the mitzva of sending away the mother bird applies only to kosher birds resting on kosher eggs. Additionally, it was taught that the mother must literally be resting upon the nest, or at least adjacent to it. If the mother leaves the nest, one is no longer obligated in the mitzva. The mitzva of sending away the mother bird from the nest is not abrogated after sending away the mother a single time. Rather, every time the mother returns to the nest one must send it away. On the other hand, once one has sent away the mother bird, he may follow it and capture it for himself. If one transgresses the mitzva and takes the mother with the young, although one has certainly violated a prohibition one is not immediately flogged, since it is still possible to fulfill the positive mitzva of sending away the mother bird. If one kills the mother, he is flogged, since the positive mitzva can no longer be fulfilled. The chapter concludes with an aggadic discussion with regard to the mitzva of sending away the mother bird. On the one hand, this mitzva is significant enough that it cannot be overridden even to use the mother bird for another mitzva. On the other hand, it is a mitzva whose performance is simple, since one is obligated in it only if one happens upon a nest, and one loses nothing in its performance. Nevertheless, the Torah states with regard to this mitzva: “That it may be well for you, and that you may prolong your days.” Consequently, it may be derived that the performance of other mitzvot, which demand preparation in advance and may entail significant losses of time or money, certainly brings great reward in the next world to whoever performs them.