Chullin Daf 141

All right. Daff me al if Fridays daf as we pick it up from the mission on kuf if the bird in question is fluttering above the nest. So you can imagine you're trying to go do the mitzvah of and the mother bird like just as jumps up above the nest. So if the wings are still touching the nest then if it's already separated too late because the mother bird is no longer on the which is the of the mitzvah. Now let's say let's say there's only one chick or one egg inside the nest and you're still to send the mother bird away which is a nest which we say that means any kind of a nest even if there's only one or one let's say inside that nest these little chicks are moving around they can go find their own food maybe they won't be considered anymore or let's say their eggs that were not fertilized and therefore they're incapable of actually becoming chicks ever themselves. So then and therefore as the Gar is going to explain it has to be the kinds of and the kinds of B that are comparable to each other they have to be able to be viable to produce other and therefore also just like the eggs need their mother that the mother has to sit on the eggs until they can hatch and therefore those that don't need their mother they can go find and get their own food in the braces says that the mother bird is to sit on top of the bait which we not if it's flying you might think that this is even if her wings are touching the nest that she has to be sitting on the nest so how do you know that means that it's enough that her wings are touching the nest she's not sitting after all and for the delight if we wanted her to be sitting it would have said yes but it says reve says that means if it's fluttering but her wing is still touching the nest we're okay let's say that mother bird is sitting between two tree limbs which is holding her above the nest so she's kind of sitting but there's something that's supporting her above the nest so we look at it if she would be taken off these tree branches would she fall directly on the eggs then should be the Bryce says let's say the mother bird is sitting in the nest between the different eggs, you're still putter. But however, if she's on the eggs and let's say she's flying or fluttering above the nest, even if her wing is touching the nest, so my love, shouldn't we say that the mother bird is on top of the eggs just like if she's between those eggs, just like between the baits and is when the mother bird is touching them. So, but if she's just perched on these branches that are being held above the nest, but she's not technically touching the nest, so she should be punter. So you see from this price it's not that way when we say on top of the bim it's talking about like it's between the bim in the following way just like between the bim she's not touching them from above she's not on top of the bum where she's not touching them from above and that's the case that we're talking about where she's being held above by these tree branches so inami the brace could be in line with What? In that case, when she's on those tree branches instead of the Bryce is telling us that when she's flying above the nest, even if she's touching the nest with a wing, you're going to be put that you're going to be from if the mother bird is being held by tree branches above the nest. Even though she's taken not sitting and she's flying and since the price is only pottering this mother when it's flying above the nest when sitting but suspended above the nest is going to be in the mitzvah it's not true because there's a real even if her wings are touching the nest you're still putter. So you can't be mad that a mother bird who will be sitting on the branches above the nest is gonna be the mission says. So how can the Bryce say you're going to be putter when the wings are touching the nest? It depends when the Bryce was telling us that when she's flying above the nest you're putter. That's not but the mission is talking about where her wings are touching the nest from above in which case you're going to be seems pretty technical but that's the difference. There's another lotion that says let's say the Bryce is a riot if the mother bird is sitting between the different bish but if she is on top of the if she's flying above the nest then even if the wing is touching the nest and therefore it's a riot to which the gar says And what do we mean that just like between the bait and is when she's touching them? But if she's just suspended on these tree branches above the nest in might be but then if that's the case if you're telling me that a mother bird that's sitting on these branches but not touching the nest is from instead of the later on saying that moving over to listen tell me a bigger that even if she is sitting but she's suspended above the nest and not touching it she'll be the kic if she's not even sitting at all but flying above the nest she should be put to which the garra says my fees So there's no that a mother bird that's sitting perched on these branches above the nest is going to be learned in the how can the Bryce say you're going to be but the is talking about where her wings are touching the nest from above in which case you are then the said even if there's only one of these you're still going to be in the mitzvah leon Maybe I should say you don't have a lush ram over here. I should say that if you have these non-fertilized eggs or you have these chicks that can move around and get their own food which we would so we can dash exactly opposite as the dar says on them but that's not what the says which stresses the words as we spoke out when we read the Mishna we're making a heish between those bim to those of And therefore, we're going to use the Khan in the PK to be any nest. I would even only have one or one. Let's say you send away the mother bird. And lo and behold, she comes right back. And I haven't yet taken the BM. So what do I do now? Do I do it again? You still got to send her away. Every time she comes back, do it over and over again. And we'll see how that implies that you don't get a stopping point. You got to keep on doing it. So let's say someone says I'm going to take the mother bird and I'm going to send away the meaning I don't want the I want the mother bird. What's the you still have to send away the mother bird because that is the mitzvah to send away the mother bird which allow you to take the so you don't have the option of taking the mother. Now, let's say after I sent away the mother bird and I took those or those B and now I come back to that nest and now the mother bird came back. Now you're putter and you can actually take the mother bird yourself. So now Rashi says this Kh this nest is considered and it's now be putter for shil. But one thing's for sure this mother bird has a quite literal case of empty nest syndrome. Wamp wamp this that we're saying that you got to do the multiple times if the mother keeps returning but let's say that only means one time and is and the says you got to do it two times but how do you know you got to do it four or five times like the Mishna says back the term says even if you got to do it hundred times because you just have to keep doing the shu that you shall send her away you can darianly Like for example, to take the mother bird for yourself to eat the mother bird. But how do you know that the even applies if you want to take away that mother bird for a mitzvah? Like for example for Tahar that you send away the mother bird in any case even when you need it for a mitzvah but I need that to tell me that you have to send her away not said that I can't send away the mother bird when I have a mitzvah to do with her why would I say that the mitzvah of is both a mitzvah essay and So why would the mitzvah of let's say ever have a it's not for the we're talking about somebody who did the wrong thing and took the mother bird because in such a case he's already been the so and now you're blighted with just a mitzvah to send the mother bird away so now I got an and those just cancel each other out and the way the suggests is you could pick whichever one you want to do. Therefore, the Tory tells us the extra words of Shal that you have to send away the mother bird in such a mat when you no longer have the love. Now that's fine, but it depends on how you understand the whole idea of because as you remember from Makus and over there because if you remember the from Makas you have an idea of bit is the AA for getting Malcus to actually be over the a or is it to permanently remove the ability to be masak in it? So if you learn it's Kim Kimite that he's going to get Malcus if he can't be Makit. So if you took the mother bird and didn't immediately send her away you're already a and therefore you're only dealing now with just the mitzvah that if he was the mitzvah he'sn't so as long as he didn't kill the mother bird potentially possible to do that and therefore you're not over the lav yet. So back to the kasha according to this idea why would you need to have the of to teach us this invit according to Yehuda says in the next mission as we're going to learn soon that the whole mitzvah of shiluak sounds like you're supposed to send away the mother bird right away and it's not there to be the love of taking the mother bird off the nest and there isn't even a mitzvah to send away the mother bird in such a case when you're over the love by taking her off the nest we're changing our tune elbarashi We need the p in a case when you took that mother bird alman to send her away and then you got up by the mitzvah of the mitz only happened afterwards the in that case you're not going to be over the because in such a case there is no of but you still have in such a case I might have thought that the of tusra could be the other of so it comes away the extra expression of tells even such a case you have to send away the mother bird bottom line say why should you have the of one over the other how great is because by a sight that we go ahead and we take the shame of hashem and we dissolve it in the daughter as long as he's aer to his wife. So I might have thought that which will allow him to have the with his wife and that should be the Tyra is telling us that the mitzv of still is going to be there. So therefore the T is telling us the by the double of the at the midst of still applying and you use this bird for the terrace mitz the next Mishna Nelan let's say you did the wrong thing you took the mother bird while it was on the bud you get Malus and now it's game over you don't get to send the mother bird away because it's it the whole story is gone in my room no it's the other way around you now still have to take care of this and send her away and therefore vaya it seems like once you do the mitzvah now you have been making and take that. So there's no more malus which is the oftuda this theuda holds that once you take the mother bird for yourself you can't afterwards pot yourself from malus by then sending her away what's the reason for that liking love is that the reason ain't like a love you don't get malus for love the reason why and you don't have any way to fix it is because you already there was never an intention to fix it after the fact you did the and it's done bring your hold but by a case of it is a normally you could fix it give the stuff back that you stole but holds you're still going to get malus so he generally holds that who are always for but not that was already done and now you're going to be malus but it's because of a general idea of you get malus didn't I already tell you turning over bay any that wasn't taught by it's not going to be authoritative and you shouldn't even ask a mish because Maybe the actual nusk of the original bry is that Aanif and Agazlin don't get malushuda. So you obviously can't bring a riot to what Rhjuda holds about that way. They're not going to get malus. So tshal is bringing another riot to Tony ver and this is obviously now an authoritative brav and this is the g to the mitzv of shik the one in the tra that the kim is forgetting. So let's say I forgot this bundle in the field and the terra says I can't be s I can't turn around to go back and get it. Vishv and he went back and he took it. Let's say you're supposed to leave that corner of PA and he didn't and he did finish off his corner. So they are included in the Malus. Now these things have a way to fix them there. You could be manic them by now putting it back down or fixing it. And therefore must be love is like a love and we have our riot and form the ter was initially on that she can't fix it later. There's no way to be not take it bring you from the following by the nicer love you don't get malus know what do you see from this time so here you have now the opposite that when holds that there's going to be malus it's because the mak on an initial and the gammor is happy with this riot is so has nothing to do with the general understanding of our mission is actually that way in understanding if this was just a general throwback to that you always get malus then what should the mission have said should have said you get malus and you send it away but instead says because it's game over and the whole is just in the beginning of it and there's no way to be manic afterwards. Well, fam, that's not such a riot. But he is not off the hook even after he sends away the mother bird until we give him malus. Now an important question. When we talk about sending the mother bird away, how far does she need to go? At what point am I done? It has to leave his hand which may be understood according to the initial at least that you can't readily grab her back now. What's the actual process here? What do you grab of the mother bird to do the with her feet with her wings? Why? So there's an expression of and in the same context it talks about the feet with the wings because that is like her feet are her wings. Over here you can look at the two different lashes of Rashi of how he understands this and this is where the get into the act about whether or not are you if you do the shil without actually touching the mother. Let's say there's a bird's nest on your windows sill and by opening the window the mother bird's going to get scared and fly away. Was I just Mai in the mitzvah or did I just miss out on the opportunity to do the mitzvah? And it could be depending on how you learned the rashi over here and this discussion based on this kamaru. There was a person who after taking that mother bird cut off the wings and then sent away the mother bird by allowing her to walk away and then went ahead and took her because at that point the mother bird left already. So now I can go take her and I guess clipping the wings was kind of a strategy. That's the way the mother bird couldn't get too far. Now nag rehuda ribhuda gave malus to this guy and said to this guy zil ra go grow her wings back for her and send her away. Now the Gar is trying to understand what did he mean when he said that? Who's he talking to? Now come on. Who did Rhuda say this? Like the Tana meaning the Mishna like it's game over. You get Malcus already you don't send away the mother bird. Therefore there wouldn't be any expression of hey wait for the mother bird to grow back her wings which obviously can't happen but what would he even mean by that? And he sends away the mother bird and never gets the malcus in the first place. So who's the going like who both says you get the malus and steals mak to send away the mother bird. the island. And that malus that Rav Yehuda was giving this guy was only Malcuson, not the actual real McCoy of Malcusa. Next story. This guy said to Ra, "What's that about a tea?" Rashi said that Tima is a kosher bird. So the question he had for Ra is, "Do I have to send her away or not?" Ra said to himself, "Doesn't this guy know that someone's to send away a kosher bird?" So Ra said to the guy, Maybe she only laid one egg and therefore you were questioning whether or not because the says so the guy said yeah I know this so the guy went ahead and he was bird so went ahead and got that bird and captured it shouldn't ra be worried that this is going to lead people to believe he was giving up sock because he really wanted that bird to which the says don't worry about it. Ravo is pretty smooth about cropping this bird so nobody would think that he was giving up sock to get the bird himself. He just kind of reached up and grabbed the bird. These birds are wild and therefore and even though they are totally wild and therefore really there shouldn't be any property ownership but still there's going to be this says that a person's property is kind of for him even if he doesn't know about it and therefore you shouldn't be for these kinds of birds itself should make it a for you an egg becomes for it comes out of the mother's body but the owner of that is not going to be the egg until it totally falls into his and I I guess it's still Hefker until that point. And when the Bryce says, it's also talking about where that egg that's coming out hadn't yet found itself in the actual and therefore it's not considered until that point. But if that's the case that Bryce is talking about where that egg didn't quite fall into the yetur, nobody owns it yet. That's talking about the mother. The mother bird is for gazel for taking we're talking about the egg and not the bird and that's when the egg has already come out of the mother's body he has the d to want to take it and therefore that's enough for the dark not to take it from the guy even if you want to say that is going to Even by a case where that beta fell completely into the it still won't be wherever the bias of this can actually be in the egg but let's say a case where this owner can't be kind it for himself and since the owner of this ya is not going to be able to be kind it because it's not his egg when it comes into the because that was the sheet of ribb that he's not therefore is not going to be for him. Remember if this is working you can't steal even if and therefore it's not considered and therefore now why is the B is saying the Berm if we're talking about where the guy who came into this first sent away the mother bird before taking the eggs well that's gamalu I mean somebody does own the bird and if we're talking about who the guy who went into this didn't send away the mother bird shall he has to he still has a mitzvah to send away the mother bird before taking the eggs. How can the Bryce say that he's can't take the eggs because of this dark? We're talking about who is not to send away the mother bird because he's a cotton. So then he's not responsible for the lost. If the kid took this, who's not really responsible for his actions? The parent is to return it. And this, my friends, is the place where we'll stop. We'll pick it up with the end of the on tomorrow's