02. The Reasons Behind the Mitzva

One of the most beloved and profound areas of Torah study is ta’amei ha-mitzvot – the meaning and rationale of the commandments. This study is valuable in its own right, and it also helps a person identify with the mitzvot and want to fulfill them. At the same time, we must emphasize that we cannot fully know why God gave any particular mitzva. Human intellect is limited, and it cannot grasp the Creator’s thoughts or the full depth of the Torah’s intent. The explanations we offer are therefore insights into the mitzva, not claims to have uncovered its sole or ultimate purpose. For this reason, we do not derive halakhic conclusions from them.

Still, in one respect, it is better to fulfill the mitzvot simply because God commanded them, not because we understand their reasons. This is the greatness of a person of complete faith: he fulfills the words of his Creator even when the purpose of a command is beyond him. This was Israel’s glory at Sinai, when they declared, “We will do and we will listen” (Shemot 24:7). In their devotion to God, they accepted in advance whatever He would command, for no reason other than that it is His will. With this foundation in place, we may then delve into Torah and into the reasons behind the mitzvot, deepening the meaning and joy of their fulfillment.

Three main explanations have been offered for the mitzva of shilu’aḥ ha-ken.

The first is that the mitzva cultivates respect for the continuity of animal life. At the heart of every species’ survival is its ability to raise the next generation, and God therefore endowed the bird with a devoted instinct to care for its eggs and young. Taking the mother bird undermines her ability to produce further offspring, and in this sense it resembles uprooting a fruit tree, from which many fruits would otherwise grow (above, 13:1–3). One may pick a tree’s fruit, since the tree itself remains alive and can continue producing. Likewise, one may take the chicks or eggs, but only after sending away the mother, who is the source of future offspring. For this reason, the prohibition applies specifically to kosher wild birds. Birds raised in our possession do not raise the same concern, since we naturally ensure that they continue reproducing; nor does the concern apply to non-kosher birds, which we are unlikely to make great efforts to hunt in large numbers, since they are forbidden to us as food (based on Rabbeinu Baḥya and Sforno to Devarim 22:6).

The second explanation is that the mitzva trains us in compassion. We may not take advantage of the mother’s devotion to her young by capturing her while she remains with them. Instead, we must first send her away, and only once she has left the nest may we take the young. God gave the bird an instinct to guard and care for her eggs and chicks, expressing a deep concern for the next generation, to the point that she is prepared to risk her life for her offspring. It is not fitting for us to exploit this noble maternal devotion in order to catch the mother and eat her flesh (Ramban to Devarim 22:6; Sefer ha-Ḥinukh §545).

These reasons give depth to the reward the Torah promises to one who sends away the mother: “so that it will go well for you and you will live long.” Whoever cleaves to God’s attributes and shows compassion for animal species will merit that God have compassion on him, lengthen his days, and do good for him. The Sages added that in the merit of this mitzva, the childless are remembered and blessed with offspring: just as they honored the mother’s concern for her young, so too they will merit to raise children (Devarim Rabba 6:6).

A further explanation appears in the writings of the kabbalists, relating this mitzva to Israel’s exile and redemption. When a Jew sends the mother away from her young, and she cries out in distress, beating her wings over the loss of her chicks, Israel’s suffering comes before their Father in Heaven. Since the Shekhina went into exile and the Temple was destroyed, God’s children have been left in distress and captivity — like orphans stripped of their home. In this sense, shilu’aḥ ha-ken reflects the complexity of life in an unredeemed world. A person needs to eat and wants the bird, the chicks, and the eggs; at the same time, it is proper to have compassion for the mother caring for her young. Since not every value can be fully realized at once, a person might despair of living by ideals at all. The Torah therefore teaches us to act as well as possible within our imperfect reality: to send away the mother and take the young. When the Jewish people strive, even within the entanglements of this world and of exile, to guide their lives by Torah and morality, mercy is aroused on their behalf. They become worthy of redemption from the suffering and complications of exile, returning to Eretz Yisrael and rebuilding the Temple, where all ideals can be realized, every creature can live in the way most complete for it, and the entire world can be filled with consolation and joy.[3]


[3]. The first explanation appears in Sforno to Devarim 22:6. The second appears in Moreh Nevukhim 3:48 and in Rashbam, Ramban, and Netziv to Devarim 22:6. Rabbeinu Baḥya to Devarim 22:6 and Sefer ha-Ḥinukh §545 combine both explanations.

The Mishna in Berakhot 33b states that one who says in prayer, “Your mercy extends to a bird’s nest,” is silenced. The Gemara explains that two Amoraim in the West, R. Yose bar Avin and R. Yose bar Zevida, disagreed about the reason: one said that he introduces jealousy among the works of creation, while the other said that he presents God’s attributes as mercy, when in truth they are decrees. Turei Even (Megilla 25a) explains that the two reasons are not mutually exclusive. Both are true; the dispute is only which reason is sufficient to silence him. According to the first view, presenting God’s decrees as mercy is itself enough. According to the second, that alone would not require silencing him; he is silenced only because he also introduces jealousy among the works of creation.

Zohar Ḥadash, Rut 94b, implies that one who sends away the mother awakens mercy by causing the bird distress, as she loses both her young and her nest. This arouses mercy in Heaven for Israel, God’s children, who are suffering in bitter exile. Radbaz writes similarly in Metzudat David §206. Tikkunei Ha-Zohar, Tikkun 6 (23a), explains that the distress caused by sending away the mother moves the appointed angels to advocate on Israel’s behalf. It seems to me that the intent is not to cause the bird pain for no reason. Rather, a person needs and wants to eat, and his needs conflict with the bird’s desire. The Torah therefore teaches that even in the complicated condition of this world, one must act with compassion. This also serves as a parable for exile: if Israel strives to act as well as possible within the complex reality of this world, which resembles exile, mercy is aroused on their behalf. They thereby merit redemption and the ability to reveal all good values without complication or limitation.

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Translated By:
Series Editor: Rabbi Elli Fischer

The Laws of Shabbat (1+2) - Yocheved Cohen
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Editor: Nechama Unterman

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