Question: Why is it forbidden to take the eggs or non-flying chicks of a kosher bird if a kosher mother bird is above them, but it is permissible to kill them in front of the mother? I thought the whole purpose of the law is to scare away the mother bird so that she would not suffer. If one can kill the chicks in front of the mother, doesn’t this cause excessive suffering?

Answer: It is interesting to note that there is a great deal of discussion as to a possible understanding of this Mitzvah (Commandment). The Mishna in tractate Brachos (5:3) says, “If one says [in prayer] ‘until a bird’s nest does Your mercy reach…’, we should tell him to be quiet”. Some commentators say that this implies that the reason for the commandment of sending away the mother bird has nothing to do with Divine mercy upon the bird; as such, we are forbidden to pray in that manner.

However, Maimonides says in his Guide for the Perplexed that the underlying rationale of the commandment of sending away the mother bird is to have mercy on the mother. Rabbi Yomtov Lipman Heller, in his work, Tosfos Yom Tov, on the Mishna quoted above, says that, in the opinion of Maimonides, the Mishna is not making any implications on the underlying rationale of the Mitzvah. Rather, the only prohibition is to say these words in a formal prayer.

Nevertheless, it seems that Maimonides is a lone opinion on this matter, as most other authorities would seem to disagree with him in light of the above Mishna, as well as the law you cited (i.e. that it is permissible to kill the babies in front of the mother).

Other authorities give different possible rationales for the commandment. For example, Nachmanides states that compassion for the mother bird herself is not a motive for this Mitzvah, since human needs (e.g. eating) override those of animals. Rather, the Torah wishes for us to act compassionately, so that we will instill this trait within ourselves.

In light of this view, we can understand another related law. The Torah forbids us from taking the mother while it is hovering over its young (even if we do not take the eggs); as the verse says, “Send away the mother” (Deuteronomy 22:6). This law seems to teach us not to take advantage of the maternal instincts of the mother bird to protect her children. It is usually difficult to capture adult birds; yet, it is often much easier when a mother is protecting her nest. Therefore, the Torah might be teaching us not to take advantage of this motherly compassion for our own gain.

Wishing you blessings and success,
Yitzchak Kolakowski