Mishnah%20in%20talmud for Makkot 3:4

הַנּוֹטֵל אֵם עַל הַבָּנִים, רַבִּי יְהוּדָה אוֹמֵר, לוֹקֶה וְאֵינוֹ מְשַׁלֵּחַ. וַחֲכָמִים אוֹמְרִים, מְשַׁלֵּחַ וְאֵינוֹ לוֹקֶה. זֶה הַכְּלָל, כָּל מִצְוַת לֹא תַעֲשֶׂה שֶׁיֶּשׁ בָּהּ קוּם עֲשֵׂה, אֵין חַיָּבִין עָלֶיהָ:

If one takes the mother bird together with the fledglings — R. Yehudah says: He receives stripes and does not send (the mother) away. [R. Yehudah holds that (Deuteronomy 22:7): "Send shall you send" connotes ab initio (i.e., if you have not taken it). And even though "Send shall you send" is written after (Ibid. 6): "You shall not take," the connotation is not: If you have taken it, send it away, but: Do not take it; rather, send it away. So that this is not a negative commandment linked to a positive one (for which there is no stripes liability)]. And the sages say: He sends it away and does not receive stripes. [They hold that "Send it away after you have taken it" is connoted, so that it is a negative commandment linked to a positive one. The halachah is in accordance with the rabbis.] This is the rule: There is no stripes liability for any negative commandment accompanied by a positive one, [where the Torah states, as it were: If you have transgressed the negative commandment, fulfill the positive one, e.g.: "You shall not take the mother bird together with the fledglings" — and if you did, "Send shall you send, etc."; (Deuteronomy 24:10): "Do not enter his house to claim his pledge" — and if you did, (Ibid. 13): "Return shall you return to him the pledge." In all such instances, if he fulfills the positive commandment, he does not receive stripes. But if he does not fulfill the positive commandment, as when he takes the mother together with the fledglings, and he slaughters it or it dies; or if he takes the pledge from his house and it is burned, in which case he cannot fulfill the positive commandment, he receives stripes.]

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