Le précepte de laisser l'oiseau parent, trouvé dans un nid, s'envoler (Deutéronome 22: 6) est obligatoire, dans et hors de la Terre Sainte, pendant et après l'existence du Temple, et s'applique aux non-consacrés. oiseaux [חולין], mais pas à ceux qui sont des sacrifices consacrés. La loi est plus rigide en ce qui concerne l'obligation de couvrir le sang que de laisser l'oiseau parent s'envoler, dans la mesure où le premier précepte s'applique aux animaux sauvages et aux volailles, qu'ils soient à portée de main ou non, et ce dernier s'applique uniquement aux volailles et à celles qui ne sont pas à portée de main. Par cette dernière expression, on entend comme les oies ou les volailles, qui font leur nid dans un champ ouvert ou un verger; mais ceux qui se sont nichés dans la maison, ou à l'égard des colombes hérodiennes, cette obligation ne s'applique pas.
Bartenura on Mishnah Chullin
שלוח הקן. אבל לא במקודשין –consecrated [birds] are found, for if they were non-holy, they would be liable for letting [the dam] go forth from the nest, such as the example where he had a bird and he consecrated it while it was in his domain for keeping the Temple in repair, but it escaped and he found it afterwards lying on the nest and he recognized it. Alternatively, such as the example when he consecrated pigeons of [his dove-cote] to the Altar for a free-will burnt offering, and afterwards when these pigeons grew up, they escaped and built a nest in another place, for at the outset, when he sanctified them, they were his, and sacred Temple property takes effect upon them, and now that he found them, they are not designated–at his disposal–captive but if they were profane, they would be נו
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English Explanation of Mishnah Chullin
Introduction
Deuteronomy 22:6-7 states: “If, along the road, you chance upon a bird’s nest, in any tree or on the ground, with fledglings or eggs and the mother sitting over the fledglings or on the eggs, do not take the mother together with her young. Let the mother go, and take only the young, in order that you may fare well and have a long life.”
Our chapter, the final chapter in Hullin, deals with this mitzvah, called “letting the mother bird go from the nest (shiluah haken).”
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Bartenura on Mishnah Chullin
ואינו נוהג אלא בשאינו מזומן – as it is written (Deuteronomy 22:5): “[If, along the road,] you chance upon [a bird’s nest], excluding one that is at your disposal [in your courtyard](see Sifre Deuteronomy 227).
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English Explanation of Mishnah Chullin
The law of letting [the mother bird] go from the nest is in force both within the holy land and outside it, both during the existence of the Temple and after it, in respect of unconsecrated birds but not consecrated birds. The law of letting the mother bird go from the nest is applicable in all times and all places. However, it only applies to unconsecrated birds and not to consecrated ones.
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Bartenura on Mishnah Chullin
שקננו בפרדס – that they rebelled and went out from the house, and they don’t return to the house and they become belonging to the desert. And an orchard is not designated because they can flee–escape.
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English Explanation of Mishnah Chullin
The law of covering up the blood is of broader application than the law of letting [the mother bird] go; for the law of covering up the blood applies to wild animals as well as to birds, whether they are at one's disposal or not, whereas the law of letting [the mother bird] go from the nest applies only to birds and only to those which are not at one's disposal. The mishnah compares the law of covering up the blood (see chapter six) with the law of letting the mother bird go because both are practiced with wild animals and not domesticated ones. However, covering up the blood is of broader application because it applies to animals and birds, whereas sending the mother bird away obviously applies only to birds. Furthermore, sending the mother bird applies only to birds that are not at one’s disposal, meaning they are not “house” birds. In contrast, the covering of the blood applies to all birds and wild animals.
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Bartenura on Mishnah Chullin
הרדסיות – for it is their manner to be raised with people and in the name of King Herod who was engaged in raising them, they are called, Herodian doves, by his name.
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English Explanation of Mishnah Chullin
Which are they that are not at one's disposal? Such as geese and fowls that made their nests in the open field. But if they made their nests within a house or in the case of Herodian doves, one is not bound to let [the mother bird] go. If a bird makes its nest in the open field, then it is considered to not be at one’s disposal and one needs to send it away before taking its young. If the birds nest in the house, then when one comes to take them, he need not send the mother bird away. This is probably derived from the word “along the road” in Deuteronomy 22:6. The same is true for Herodian doves, which refers to the types of doves that Herod used to raise in his palace.
