Spring 2017 | Updated September 2026<\/p>\n\n\n\n
Shiluach Hakan<\/em>1<\/sup><\/a> (sending away the mother bird before taking her young) is a mitzvah that is infrequently performed. Its reward is the blessing of a long life \u2013 similar to the mitzvah<\/em> of honoring one\u2019s parents. Let\u2019s examine how, when and where to perform the mitzvah of Shiluach Hakan<\/em>.<\/p>\n\n\n\n \u201cIf a bird\u2019s nest happens to be before you\u2026young birds or eggs, and the mother is roosting\u2026you shall not take the mother with the young. You shall surely send away the mother and take the young for yourself, so that it will be good for you and will prolong your days.\u201d2<\/sup><\/a><\/p>\n\n\n\n The Rabbis ruled that a person may not state that the reason for the mitzvah is compassion for the mother bird. One commentator interprets the Talmud\u2019s prohibition as applying strictly to reciting this in one\u2019s prayers, as if to establish compassion as the definitive, sole reason. In reality, there are many reasons for the mitzvah, and compassion is but one facet.3<\/sup><\/a> <\/p>\n\n\n\n The Ramban states that compassion for the mother bird herself is not a motive for this mitzvah, since human needs override those of animals. Rather, the Torah wishes us to act compassionately so that we instill this trait in ourselves. He also references a profound kabbalistic reason (sod<\/em>) for this mitzvah. Rabbeinu Bachya states that taking the mother and her offspring at the same time is analogous to destroying the entire species.<\/p>\n\n\n\n Rashi comments that Shiluach Hakan<\/em> is a relatively easy mitzvah to carry out, involving little hardship or cost. One earns the tremendous reward of long life through its performance. We can, therefore, only imagine how great the reward will be for more difficult mitzvos<\/em>.<\/p>\n\n\n\n A number of Midrashim<\/em> state that fulfillment of this mitzvah is a segulah<\/em> for having children.4<\/sup><\/a> The mitzvah is also a segulah<\/em> for getting married, as well as for acquiring a new house.5<\/sup><\/a><\/p>\n\n\n\n The Zohar<\/em>6<\/sup><\/a> explains the mystical reason behind the vast rewards of this mitzvah<\/em>. The bird\u2019s distress elicits Hashem\u2019s compassion, and He showers His mercy on Klal Yisroel<\/em> and individuals in need. In turn, Hashem then rewards the person who brought this about.<\/p>\n\n\n\n The mitzvah can be executed by men, women,7<\/sup><\/a> and children. It may not be carried out on Shabbos or Yom Tov.8<\/sup><\/a><\/p>\n\n\n\n A person who comes across a nest is not obligated to send away the mother, unless he actually wants the offspring. Nevertheless, it is commendable to carry out the mitzvah and even to seek out the opportunity to do so.9<\/sup><\/a> Even if one does not eat the offspring after taking them, and his sole motivation is to perform the mitzvah<\/em>, he has properly fulfilled the mitzvah<\/em>.10<\/sup><\/a><\/p>\n\n\n\n Only kosher birds are eligible for this mitzvah<\/em>. When determining which birds are kosher to eat, we require a clear mesorah<\/em>, tradition, that our ancestors ate these birds.11<\/sup><\/a> However, when determining which birds are fit for the mitzvah of Shiluach Hakan<\/em>, we may rely on the physical signs of kosher birds as delineated by Chazal<\/em>.12<\/sup><\/a><\/p>\n\n\n\n Therefore, we can distinguish among three categories of birds: 1) Kosher birds which we eat and may use to fulfill the mitzvah<\/em>, for example certain species of pigeons, doves, geese, and ducks; 2) Birds which exhibit kosher signs,13<\/sup><\/a> yet do not have a clear mesorah<\/em>, for example sparrows, robins, cardinals, and orioles. These birds may be used to fulfill the mitzvah, but they are not considered kosher to eat; and 3) Birds which are definitely non-kosher with which we should not perform Shiluach Hakan<\/em>. This includes eagles, ravens and other birds of prey.<\/p>\n\n\n\n Eligibility is also determined by gender and age as follows:<\/p>\n\n\n\n \u25ba Gender<\/strong> \u25ba Age<\/strong> The mitzvah can be done in any country in the world, and even at sea.17<\/sup><\/a> However, the Mishna states that a kan mezuman<\/em>, a prepared nest, is excluded.18<\/sup><\/a> This means that the mother bird and her offspring must be ownerless. Since the halacha<\/em> states that a chatzer<\/em>, private property, acquires objects on behalf of its owner even without his knowledge, a nest in one\u2019s yard would generally be ineligible for this mitzvah. This is because the nest and offspring would automatically belong to the owner. Therefore, some authorities hold that one could fulfill the mitzvah only with nests in public places, such as parks.19<\/sup><\/a><\/p>\n\n\n\n However, according to other authorities it is possible to remove the offspring from the owner\u2019s possession by making them hefker<\/em>, ownerless and available to all.20<\/sup><\/a> One may follow these opinions and declare in front of three people21<\/sup><\/a> that the eggs or chicks on his property are hefker. He may then proceed to fulfill the mitzvah.22<\/sup><\/a><\/p>\n\n\n\n No bracha is recited on this mitzvah.23<\/sup><\/a> One reason given for this is that the bird may fly away of its own volition after the bracha is recited, and the mitzvah will not have been fulfilled.24<\/sup><\/a><\/p>\n\n\n\n One need not actually pick up the bird to send it away. Rather, one should create some stimulus to cause it to fly away, such as gently tapping a stick on the nest or nearby tree.25<\/sup><\/a> Even clapping one\u2019s hands is satisfactory.26<\/sup><\/a><\/p>\n\n\n\n Once the mother bird has flown away, one must take the eggs or chicks.27<\/sup><\/a> Even if the mother bird is watching, one still fulfills the mitzvah. To perform a halachic<\/em> acquisition, they should be lifted to a height of three tefachim<\/em> (about 12 inches).28<\/sup><\/a> Upon completion of the mitzvah, one may put back the eggs or chicks and need not keep them.29<\/sup><\/a><\/p>\n\n\n\n After one takes the eggs or chicks, they may be declared hefker<\/em> by the one who acquired them and then returned to the nest.30<\/sup><\/a> After the mother bird returns, another person may fulfill the mitzvah. In this way, the same nest may be used over and over again.31<\/sup><\/a><\/p>\n\n\n\n The Cornell Lab of Ornithology notes that contrary to popular belief, most birds will return to the nest even after their offspring have been handled by humans.32<\/sup><\/a> This is due to their poor sense of smell and inability to detect the scent of humans. One should use a sturdy ladder and exercise caution when climbing.34<\/sup><\/a><\/p>\n\n\n\n By learning more about the nesting habits of birds, a person who wishes to fulfill the mitzvah will know what to look for when searching for a nest. For example, a dove gathering twigs with its beak is probably the male who is collecting them for the female while she sits on the site of the future nest nearby.<\/p>\n\n\n\n One may hang a birdfeeder and construct a birdhouse to encourage nesting. Sparrows will nest in birdhouses; however, most other birds fit for Shiluach Hakan<\/em> will not.35<\/sup><\/a><\/p>\n\n\n\n When one sees a bird building or sitting in a nest, he should determine whether it is a kosher species. If the nest is on private property, it may be necessary for the owner to be mafkir<\/em>. During the day, it is possible that the male may be roosting. The female will be roosting in the evening, so the mitzvah should be performed at that time. One should approach the nest quietly. Usually the nests are higher than an average person\u2019s reach, so a stick may be gently used to tap the nest or nearby tree limb. After the bird flies away, one should climb up and gently remove the eggs or chicks. The procedure requires lifting the eggs or chicks approximately twelve inches high. After fulfilling the mitzvah, one may keep the offspring or return them to the nest.36<\/sup><\/a><\/p>\n\n\n\n Studying the intricate laws of Shiluach HaKan<\/em> brings us closer to the fulfillment of this special mitzvah. May we merit to carry it out properly.<\/p>\n\n\n\n American Robin<\/strong>38<\/sup><\/a> \u2013 North America 1. See Meloh Ha\u2019roim <\/em>(Chulin<\/em> 138b) quoting the Shalah Hakadosh<\/em> that the proper pronunciation is Shiluach Hakein<\/em>, with a tzeirei<\/em>. The word for \u2018nest\u2019 is pronounced kan<\/em>, with a patach<\/em>, when it is samuch<\/em> (connected) to another word, as in kan tzipor<\/em>, the nest of a bird. If there is no smichus<\/em> then the word for nest <\/em>is pronounced kein<\/em> (as in Tehillim<\/em> 84:4). Nevertheless, common usage is Shiluach Hakan<\/em>, apparently going back as far as the Shalah<\/em> (16th century).<\/span>Possible Reasons for the Mitzvah<\/strong><\/h3>\n\n\n\n
Rewards for the Mitzvah<\/strong><\/h3>\n\n\n\n
Who May Perform the Mitzvah<\/strong><\/h3>\n\n\n\n
Eligibility of Birds<\/strong><\/h3>\n\n\n\n
The mitzvah can be fulfilled only when the mother bird is roosting. Since the male also roosts at times, one should determine the gender of the bird before sending it away. However, there is generally no way the layperson can distinguish between genders of birds. Of note, the male dove, pigeon and sparrow will usually sit during the day while the female sits at night. Therefore, the mitzvah<\/em> should be fulfilled at night. The female American Robin, Canada Goose and Mallard Duck sit both day and night. If the roosting habits are unknown, one should fulfill the mitzvah<\/em> at night, as we assume it is the mother on the nest.14<\/sup><\/a><\/p>\n\n\n\n
One may fulfill the mitzvah any time the mother is incubating her eggs or brood.15<\/sup><\/a> However, once the chicks develop the ability to fly on their own, the mitzvah may no longer be fulfilled.16<\/sup><\/a> Chicks usually develop this ability approximately two weeks after hatching, depending upon the species.<\/p>\n\n\n\nLocation of Nest<\/strong><\/h3>\n\n\n\n
Bracha Requirement<\/strong><\/h3>\n\n\n\n
Sending Away the Mother<\/strong><\/h3>\n\n\n\n
Taking Eggs or Chicks<\/strong><\/h3>\n\n\n\n
A messenger may not be appointed to send away the bird. One who is unable to climb a tree should first send away the bird, and then appoint another person to acquire the eggs or chicks on his\/her behalf.33<\/sup><\/a> <\/p>\n\n\n\nNesting Habits of Birds<\/strong><\/h3>\n\n\n\n
Brief Summary Guide to Shiluach Hakan<\/em><\/strong><\/h3>\n\n\n\n
COMMON BIRDS FIT FOR SHILUACH HAKAN<\/em> BY GEOGRAPHICAL LOCATION<\/strong><\/span>37<\/sup><\/strong><\/a><\/h3>\n\n\n\n
Canada Goose<\/strong>39<\/sup><\/a> \u2013 North America
European Robin<\/strong> \u2013 Europe, Eretz Yisroel
Mallard Duck<\/strong>40<\/sup><\/a> \u2013 North and Central America, Europe, Asia
Mourning Dove<\/strong> \u2013 North and Central America
Northern Cardinal<\/strong>41<\/sup><\/a> \u2013 Eastern and Central U.S., Central America
Palm Dove<\/strong> \u2013 Eretz Yisroel, Africa, Europe
Pigeon <\/strong>\u2013 Worldwide
Sparrow<\/strong>42<\/sup><\/a> \u2013 Worldwide<\/p>\n\n\n\n
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2. Dvarim<\/em> 22:6-7.<\/span>
3. Tosafos Yom Tov Berachos<\/em> 5:3. The Rambam, in fact, writes that the reason for the mitzvah is to spare the mother bird anguish upon seeing her young being taken.<\/span>
4. Derived from the words, ve\u2019es habanim tikach lach<\/em>, Midrash Rabba Ki Setzei<\/em> 6:6, Yalkut Shimoni<\/em> 930. This segulah<\/em> is cited in the Sefer HaChinuch<\/em> (545) as well. The Chinuch<\/em> and Ksav<\/em> Sofer Al Hatorah<\/em> explain how this is a function of midah k\u2019neged midah<\/em>.<\/span>
5. Since this parsha<\/em> is followed by \u201cKi yivneh ish bayis<\/em>\u201d and \u201cKi yikach ish isha<\/em>\u201d \u2013 Tanchuma Ki Setzei<\/em> 1. See Kli Yakar Dvarim<\/em> 22:7.<\/span>
6. Zohar Chadash Rus<\/em> pg. 94, Tikunei Zohar<\/em> 6, p.23a, cited in Rabbeinu Bachya<\/em>.<\/span>
7. Sefer HaChinuch<\/em> 545<\/span>.
8. Responsa Chasam Sofer<\/em> O.C.<\/em> 100. One issue is that of muktzah<\/em>, and another is that according to the reasoning of the Zohar<\/em> cited above, it is improper to arouse Heavenly distress on Shabbos.<\/span>
9. Aruch Hashulchan<\/em> 292:1, Birchei Yosef<\/em> 292:8 quoting the Arizal<\/em>. Rav Shmuel Kamenetsky (Am Hatorah Journal<\/em> 5:7, pg 12) recommends trying to perform the mitzvah at least once. See, however, Responsa Chasam Sofer<\/em> O.C.<\/em> 100 and Responsa Torah Lishmah<\/em> 27710. See Responsa Minchas Elazar<\/em> 3:43 and Aruch Hashulchan Y.D<\/em>. 292:3.<\/span>
10. See Responsa Minchas Elazar<\/em> 3:43 and Aruch Hashulchan<\/em> Y.D<\/em>. 292:3.<\/span>
11. Ramo<\/em> Y.D<\/em>. 82:3. The Torah lists twenty-four species of non-kosher birds; all others are deemed kosher by the Torah. However, our translation of the Hebrew names for birds is not always accurate.<\/span>
12. Responsa Minchas Elazar<\/em> 3:43. Rav Shmuel Kamenetsky (Am Hatorah Journal<\/em> 5:8, p. 20).<\/span>
13. Briefly, kosher birds that are sitting on a branch place three toes in front and one in back; non-kosher birds place two in front and two in back. Kosher birds also have a crop, and their gizzards can be peeled. In general, birds of prey are not kosher (Chulin<\/em> 59a). Another sign of kosher birds is that their eggs are not symmetrical; one end is wider than the other.<\/span>
14. Sefer Shalayach Teshalach<\/em> p. 57<\/span>.
15. The eggs and chicks go through stages during which it is forbidden to eat them (e.g., while the chick is forming inside the egg). Nevertheless, the mitzvah still applies, since they could be re-incubated to a point where they could be shechted<\/em> and eaten. (Ran Chulin 150a, Birchei Yosef<\/em>