Komentarz do Chullin 12:2

עוף טמא פטור מלשלח – as it is written (Deuteronomy 22:6): “a bird’s nest.” A “bird” implies whether pure or impure, a pure bird, not an impure one.

An unclean bird one is not obligated to let it go. The obligation to let the mother bird go applies only to a clean (kosher) bird, one that can be eaten. It does not apply to birds that are not kosher.

עוף טמא רובץ על ביצי עוף טהור – even though that this species of pigeons are ones that are sent out from the nest], he is exempt, for we require, “a bird’s nest” (Deuteronomy 22:5) that the mother who makes a nest is pure.

If an unclean bird was sitting on the eggs of a clean bird, or a clean bird on the eggs of an unclean bird, one is not obligated to let it go. Furthermore, if either the eggs are from an unclean (not kosher) bird but the bird is clean, or vice versa, there is no obligation to let it go. The obligation applies only to a clean bird sitting on clean eggs.

ועוף טהור הרבץ על ביצי עוף טמא – for Scripture states (Deuteronomy 22:7): “and take only the young,” for you, but not for your dogs.

As to a male partridge: Rabbi Eliezer obligates [one to let it go]. But the sages exempt. The Torah says “mother” because most of the time the mother bird sits on the egg. However, the male partridge does sit on the eggs, and therefore the rabbis debate whether there is an obligation to let it go. Rabbi Eliezer says that there is. Evidently, Rabbi Eliezer believes that the Torah mentioned mother, because that was the normal case. But according to his opinion, the same rule would apply to the father as well. The other rabbis are more precise in their reading of the Torah (and more hesitant about extending its logic). One must let only the mother bird go the father bird may be taken even while sitting on its young. As an aside, this reminds me of the debate concerning uncle/niece marriage. The Torah forbids a nephew from marrying his aunt, but says nothing about uncle/niece. The Jews who composed the Dead Sea Scrolls forbade both cases, thereby extending the logic of the Torah, much as Rabbi Eliezer does in this case. The rabbis, on the other hand, lauded such marriages, and read the Torah in a more narrow fashion.

קורא – In Arabic, we call him “Sonar,” and in the foreign language, “Pardiz,” for it is the manner of the male [bird] to lie down on the eggs like the female [bird], therefore, Rabbi Eliezer obligates to send away the male [bird], but with other birds, Rabbi Eliezer admits that the male is exempt, for the All Merciful stated, “mother” (Deuteronomy 22:7), and not the father, but the Halakha is not according to Rabbi Eliezer.