Does One Make a Bracha on Shiluach HaKen? (Sending Away the Mother Bird) by Rav Aschi Dick

not enough to testing so I I uh I didn't feel well on Tuesday I made a short I made a short death um yeah I made a short one this I made a short one this year the truth I didn't even finish this uh this referen we're going to be done in 20 minutes we're going to have a lot of you guys can start so so what's the what's the so here this is basically came today this morning from myi abramov he has he had a a chicken made a nest on his on his porch so it's exciting you get to do the Mitzvah so right right so right so the basically things like this normally if you have a dove coat in your is so first of all is only with a kosher animal the pigeons pigeons are Kosher koser Birds kosher Birds kosher Birds is only for kosher Birds you if you have an eagle or an owl setting up aest there no um any kosher bird doesn't have to be a a chicken but there is a din of according to the r you mentioned this to me every once about the rim right that the r has a interesting opinion he holds that you're not supposed to do unless you really want the eggs that's thein of he says otherwise it's that's the opinion of the r although most hold not that way hold that it's wres that if you're on your way to and you pass by Nest you have to do before going to that's a big most can agree with that he yeah why not you should be able to do there's no reason why you should not be the only they don't do another how what's the best way to do according to the ram you're supposed to push its wings so you might have an issue of M so then maybe you shouldn't do it on CH you I didn't even think of that child Murray this is not the first time you got me thinking about a good question the egg is M egg is M so you have to do it after shabas because you can't take the eggs you can't take the you've done you've done it one yeah yeah so you send away the mother you know according to the the Zohar oh so that's today's that's the discussion of today's sh no no so the truth is so basically the according to Ram you're supposed to move by the wings or you can CH you can do with a broomstick too it's also okay you can also do with a broomstick the big question is do you make you need to make a br so the Raam hold you shouldn't do it unless you really want the eggs or the I think I think you mentioned that Rabbi slifkin had an article about this when and he mentioned because the reason is because the Z says that there's a reason to do M again the mother comes back back she sees her eggs are not there or her chicks are not there so she cries and when Hashem sees how the chick is crying for her babies hasem has on his babies this would be that's the Z so so here the tah gave you the instructive not to be concerned about here the Torah told you to do the what would be the Tois according to the Zar the Tois would be that egg or chick either of the two either one of the two because it's cruel it's cruel yeah right so the Torah is saying here that's the r that's the r very good like Rabbi where the calf came writing to him and said right that's the according to the ra it's unless you need the egg unless you need the chick according to the Z and that's know there's a but we don't pass we don't pass either there are I'll give you some examples we passing according to the zor for example in of right at the beginning there are a lot of about that are based in the Zar for example not to go four not to go four cubits before doing so that only comes from the Z because of the very good the the very good so there was there was a okay okay so you become you become holl you become Dutch tonight I think Theos says 1 hour Theos say the go to one hour there's no we don't find in the three hours because they used to have tea they used to have tea in the afternoon so what's the times are was six hours but in the in Holland used have tea in the afternoon was three hours they couldn't give up on their tea so the Dutch kept three hours the r says the is in R says the Dutch three hours the r says that the minute was to keep one hour you you have a Dutch M my very close D yeah yeah one [Music] hour it was but you can't have the same sud that you have to bench that's there is a even in the that says that once you bench after you're meeting meal you can already move on to the mil okay she have to bench we first have and then so in you're you can't no if you have F first and you have it in the same meal then it's if you bench then it depends on minog according to one Min gets an hour get three hours ACC gets five in a bit or six but to have first fling and then milk in the same meal that's that's also yeah yeah correct exactly but that M me and M it's even poultry that's the way we pasing that's right mean the rice that's only it's cooked together all we Heap one Dr on the other the other we he many Dr on sorry so uh yeah definitely came okay yeah okay in West even in the Muslim countries okay mdodo yeah okay having right it's an amazing piece of he says manag Liv a lot basis us okay reminds me one time that uh there was a 203% I don't I I think that the fact that we have that it's only 230% that's the everywhere I mean logically they have a retention rate of 80% is I think way better than most estimates that were made 20 or 80 years ago 23 230% is sad we're not happy that 20 30% are not keeping shabas but but overall 80% is still better than what it could have been they're not saying they're not keeping shabas they're not staying or the Army okay right in in in North America it's probably 80 or 90% 70% conis kids for us it's an interesting thing it's another it reminds me there was a g that was giving a a a lecture at aim seminar soim is organization that reaches out to to make them from so he had a seminar so then the abortion debate was raging and the were in the theet were pushing for tighter abortion laws and the were very upset about it so one woman stood up and she challenged this kir worker about the trying to to restrict to restrict abortion he says how can you tell us about when we're supposed to abort he's going okay okay fine I hear what you're saying I just want to give you a fresh perspective you may have never thought about right who would who would consider abortion not most woman would never even consider abortion save if it's a case of down or or some illness whatever so who's considering abortion secular families right so we're doing you a favor right the 70 or 80,000 people that we would that we convinc not to abort through it was this Dr um ephrat what's his name is it sadic this he was a Dutch doctor I think from or from Switzerland forgot his name he set up this organization of frat he said that he ready he gives a financial incentives to women not to abort provide social work or whatever else he says I already convince 70 80,000 women not to abort so he brought 70 80,000 I'm sure percentage a larger percentage of them are not voting for the parties they're probably voting for The he say you should thank us okay I don't know if that's exactly so true but that was just something that your story reminded me of because uhuh it's very poor it's the poor sector it's the poor sector Society they don't know how to take the morning they don't know how to use Excuse me they don't know how to use the condoms or they don't know how to right take the pills to the pills yeah yeah crisis don't know what to do aging whereas like Israel maintaining four whatever they'll be able supportes I know it's a major crisis I remember right here in this room so I remember that it was in this room Rabbi Kowski who was the head of the ukash he held to see him over here in this room he invited the staff and they were doing packages for the soldiers so I came here I sat with RAB gold shider and RAB shimel we sat there at the corner and then um RAB AI Burman invited rabm who is his rebi to come speak here so somebody asked him he says there was a news piece going around that your son aahu who is one of the ministers in the government there was the her Heritage Minister I think Nel fired him or not because he said something about dropping an Adam mom or whatever so they asked so he I heard right here in this room he told the whole crowd here he said my son of was approached by the foreign minister of Italy and the foreign minister of it wrote him a letter and saying that I better be careful because this is is going on uh but he wrote him a letter and he says basically we have no future in Italy because we have an aging population and we're not having enough kids to replace the mortality rate says you have the future right so have to you come and you get back some of your National Treasures the Italy Italy apparently has some of the National Treasures of ours somewhere in the basement in the Vatican so there were some rumors that aai eliahu was offered by the Italian forign Minister if they want to come and get back some of the National Treasures I don't know I'm not sure the last piece I'm not sure if it's accurate or not but he said an entire letter where the foreign there is anything there exactly but what what we have the gumar says that I was in Rome and I saw the tit the yeah yeah I mean what happened they they brought listen I don't know what they have I don't want I don't know what they have but when then they destroyed the Bas M they took a lot of treasures I don't know what probably a lot of they may have some of the maybe I mean even when they dig in uh in ear in in in ear Yuda they are finding all sorts of things you go there it's fascinating you find coins that have the inscription or signatures or stamps from names that are in the T like for example's secretary his ministers you see they find stamps that have the name I know I'm just getting a cup of water look har I wouldn't consider it so farfetch if they still hold a lot of treasures it makes sense because what happened I don't know if they have the Min I don't know what they have but they probably have a lot of Jewish National treasur is nicer it's still it's I don't know it'sa you know that anything that was part of has has a kadha and it's GZA a good question because you have wear rubber gloves cuz you're Tomy so you it may not probably anyways Tom anyways Tom you know these are shist that the PO have to work I how to I don't know if there is such a thing so anyway so it's interesting questions so anyway so we'll talk a little bit about the but whether or not to make a because it's interesting you have a mitzah I don't know how many other mitzah you have where the poim can come to a consensus whether or not to make a why would oh so that's going to be what we're going to very good why not make AA exactly why not make a so so this is this is the topic of tonight J now can you think of any other Mitzvah it's unanimous that you don't make a no CU it's to no no so that's why but I'm you're right we're going to discuss why there's no right because it's something that you would do even if you were not commanded it's a mitvah yeah there's two and there's also another the ra listen these two mitz that's the main mitzah both both of these Mitzvah so right so things that you would have done even one of the reasons you don't make a is things that you would have done anyways even if you were not commanded to do it so you don't make a but I'm trying I'm pointing out that I can't think of any other Mitzvah where nobody could agree as to whether or not you make a maybe maybe when you build a fence around uh around the roof could be there's also there is a we pass make yeah we make a that I've never seen it's an interesting idea I've never seen that in the of what who's that okay but but yeah but it's very interesting even until today's day of an age even until today's day of age you should make a you should not make a so the number one in the reference sheet I didn't even finish the reference sheet because I want oh so we'll see that you don't make because it's not you only make a that has a set time that comes from time to time and he doesn't say I know it's very perplexing with more I very good because it's not B man it's interesting my friend always points out a guy no but there's no set time as to when it comes my friend says how ironic it is that you B you bake a new house you build a new house and then you buy a I don't know what a tie so you can make a on the house right it's ironic on the tie you make a to be to the house right because it's a yeah so when it comes to clothing and a new fruit you do make a why is it's I don't have an answer I don't have an answer to your question it's a good question well they make on the tal no no that thebody say it might be it might not be good for him it might no they say that they say when you get married the third one he says when you get married you don't know if he's going to be a successful marriage you know one of the things there was a big controversy about prenuptual so my grandfather about prenuptials prenups so he said you can't make a prenup you can already go into the marriage and you're going to allow for a havina that you're going to get divorced so my uncle says my grandfather says what is AA that's what AA is AA is a prap right the the says that who's a when somebody when he marries a woman and she had girls from a previous marriage so normally what they would do is the woman would have the husband sign that he's going to support the woman's daughters from a previous marriage so the gor says that a that a p Miss what's a p somebody who makes makes a stipulation that if she dies he's going to discontinue to support the daughters because if she dies or get divorced he has to continue to support the daughters so he writes if we get divorce I'm not supporting your daughters thear the M says so it's that prenups there's nothing wrong with prenups you know they say this a school to buy so I have a new school it's a school for a good marriage to write prenups okay this to offset the the the bad thing but nothing wrong with prup so the says that make number one so the is from the from he says that you make it's also the sa from theid he says the same thing he says that it's like who mentioned one of you mentioned here you don't make a because it's when you go to the person who says that you're doing him a favor maybe he won't want you to visit him maybe visiting him isn't alleviating his condition or right so he's saying your MIT is to go visit him for the I take off truma he doesn't want my Trum he says I don't like to take away I so make because theah to be the not to give no it's the gar the gamar is the mitah make on the yeah the mitz is on the the mitzah is not necessarily on the right so he says basically any why is there no because maybe maybe the person won't want want to take take it from you so want to so it's probably also you don't make a if it's contingent on his agreement so therefore he's the person that's causing the the Mitzvah to get to its completion so therefore there's no yeah the name of the was um no he was a German he was the tal of his name name was um I'll look it up in Sephia he was a he was a German Sage of the very interesting that's also for interesting yeah interesting I didn't know that I didn't know that I would assume so yeah unless I was interesting would probably not it's not an AA no no but but the procedure B the procedure Bing yeah maybe make a so they don't need to make the maybe I never thought I think you make a br yeah yeah that I never heard okay okay and then all what they didn't give him they didn't do the they didn't escort him so that's why that's my TR so I I'll tell you this and he says okay I'm saying like this there's a gun who he going to go or the guy's dejected it's true it's true that's the the person feels dejected it makes him more vulnerable so so basically we have the that says you make a we have the r that says you make a you have the that makes and there's actually an explicit they asked him if you make a says some say make so you see that the Raj is already not so not so sure whether or not he says it depends on the Min so apparently the Raj already lets us know that there were some places that had the Min to make some places did not have the to make the in another place in okay maybe because he was a pharmacist number five or he could have been a maker of incense perhaps yeah yeah par yeah y y correct okay missa okay so very good all right so we have the number five is the Raj here the Raj doesn't say it's t in one TR the Raj says some say here the Raj is much more unequivocal or I should say more yeah she says you know there's a Mitzvah to return a theft there's also mitz to return it's a but you don't make a because it's aah it's only a Mitzvah that you're doing because you didn't we would have preferred that you would have never had had he would never needed to do this Mitzvah right and he says the same thing it's the same thing it's a Mitzvah we don't say there's a Mitzvah to do somehow he holds that doing theah is aah nobody understands what this mean all the have no idea what the Raj was talking about why no but the that Allin so it's the same thing so the T to the said but you can't call a if the Tera tells you to do you can't call it a the terce say not to be concerned about in this case so that would mean that only time when you don't want the eggs that's the only time the like no when the T says to do something it's not a a if the T says to do something something he's making TM has to BR Maybe it's a bit of a if the T says to do again you can call that a we'll see I think we have a better issue I think we have a better isue the mother if you don't e the eggs but not all the not all the agree most that's but if you don't learn like the right if you learn like the Z and other there's actually a Mitzvah to pursue theah maybe the r learn like the r perhaps but what would happen if I want the eggs I want the chicks then I would make a or maybe plug I think maybe the thei might say what you're saying but I think there's another better for the Raj but let's number six right so the says there's no there's no mitvah to make very good because because very often the husband hates the wife and he's doing an a by hating his ex soon to be ex-wife so maybe they didn't have children so it seems that since often times the when one does GID there's an element of a involved so that's you don't make a that's is there Mitzvah to write HB yeah the also brings from he spells Pat with a tough most of the spell Y and Pat lived in the same generation as the R's father-in-law and also there was the riv of was the he had a son-in-law the riv was the B who wrote the glasses on the R so he was a famous God in that period And he says also no because it's aah if you look at the Bold says we're not mat to take the mother what is that supposed to mean we're not mats if you unless you're saying that but wants to say that he's talking about a case where you don't want the chicks to and he learns like the maybe that would be the them would fit also quotes the and in right the he wrote this Tru to the rid the and the r wrote back and the r is this makes no sense the riv already says this doesn't make any sense what a is there to do is an a so the r is again but the T says there's no the T says to send away the mother then there's no issue is there mitah I think so no because does anybody know I case yet I don't remember you know you know the mitzah you to have relations with a woman so they say theim say there that she might not want she might not agree it's to do she has to agree no you're not allowed to rape a woman no no no no no no the is that if a person has relations with a woman then she with his with the wife of his late brother then they then there is a a kadan the marriage is consummated but you're not allowed to forer the is so maybe make on the M but you don't make a you know that have a discussion why you don't make a because it's only it's dependent on getting to the by the you can't really do it it happens in stages when you do the there's no because you have to wait for when you get to it's already she has to oh so we'll get to that we'll get to that we'll get to that a very good point so already the sh quotes this he quotes the of the Raj and the yat and palat and then he also quotes the objection of the rid and the also along the lines of not the that we mentioned previously who one of the this is the is a Turkish so he says it doesn't make any sense this what what kind of business is that look at the second he's comparing to returning a theft he says it doesn't make any sense how can you it's not an a the T says to do something it's not a a the T everybody here many of you want to say that is an issue of the T says that here you don't need to be concerned about where are you the second line on the top of the page he [Music] says because that's somebody can't make a if somebody steals a saw and then uses it to make mat the says it's like a disgrace doesn't want a after you got into this situation because of an no so we say yeah but yeah but he's not so the is that by needs to be but the have to be the mat but the is very we have many RS that just by eating the mat it already becomes yours but it's still it's it's it's it's it's a a I think so I think so it so depends if you steal the flower you go to the mat if you steal the actual matah then yeah it's the same thing even when you steal it yeah so it's a it's it's AA it's a yeah he's he doesn't make a yes the Matas are his but there's no doesn't want doesn't want that praise when the whole situation came about because of a the you know the was everybody talks about the I once had I once had I once had two people knock at my door for Sedaka and uh I know what made me ask them I said are you guys from narta what made me something made me think that nart they said yes we are narta so I said are you sure you want to take money from me I'm a and you don't take money from yeah okay first [Music] time I'm sure there was a lot of people colle no the the gr to [Music] you all right good for them good for them tell tell an interesting story I have a neighbor George Lowenstein in my building he was most for most of his life he was a conservative Jew he was most of his life who was a conservative Jew at the end of his life he he joined the ranks of mon Orthodoxy he doens in the D so he wants to he D in the so on I knocked on his door and I sat to chat with him now he has a wife do she she has theia she's not responsive she just sits in her chair and just stares at the ceiling so he has the he has the television on the whole day with you know kids dancing and clapping you know Children's shows but she just sits there what to stimulate her but she totally nonresponsive and I always say hello how are you I smile I sometimes get a bit of a smile from her they're both about 90 so George he was a conservative Jew most of his life he reads the Jerusalem Post and he says what's the s with and the workforce you know we're discussing that topic bit of a sore topic so just as we're discussing this we got a knock at the door and the aid the Filipino Aid opens the door and walk in that don't speak English and they were collecting money so he turns me say what do they want say said they need money so just in the midst of talking about this issue so they said you couldn't I was tell you couldn't have not found a better time to so they see but these two they see this old lady sitting on the couch totally unresponsive and you know just instinctively they just put their hands and I started dancing in front of her she literally started smiling and she started talking she said that's amazing she do turns to George and says that's the best that's the and she just starts to talk and laugh and it brought her to life it was like a switch was turned off a woman was like this totally nonresponsive these twoim came in there they were snoring for money they danced for her and all of a sudden she came back to life she was talking so the thing that but the thing is that when they walked in the first response was right what do you hear to make AEM but they did but in the end they did him a bigger favor than he could have ever done for them so that was an interesting story so he gave them yeah so so the B also says he doesn't understand this um this Raj he says what's the saying the tah told you you have to do an a the tah says you have to do you can time with the T told you to do very and they all come up with all sorts of theories and the only one who exactly so nobody understands this by the way this Raj was a mystery they found a the only one who figured it out and he said the m in this RBA is number 12 is the sa from of Kazi he was a Turkish Sage who lived about 300 years ago it was very impressive ismir produced a staggering number of state of of sages if you look at the fredberg rambam has a lot a lot of sages from turkey and they're all very good the most famous of them is the Mish yeah went through turkey but the the marit gazi was um I wonder maybe if gazi was from the same family as the algazi had the sh the Mish theak k a staggering number of stages of sages so this Bazi he says very nicely I didn't I didn't write up I didn't put together enough sources the Mish and this I'm going to have to say because I was in a rush I had to get I try to get they want me to send the source sheets on Tuesday so I try not to have it any later than Wednesday morning at 10 I send it out at 11 I didn't get all the so the the in brings between it's the the end of the very end of if somebody takes the mother if somebody takes the chicks without sending away the mother does he get malus says he gets malus right no it says so that's the if you took the mother there's a way to fix it how do you fix the ver by by putting the chicks back and sending away the mother so anytime you have an A that the tur gives you a way to fix it a response you don't you don't get malus an example you steal the T says how do you fix the theft by giving back the money so there's no malus for stealing so then he'll get Mal according he always gets according to there's no because there's a way to fix it says no is not telling you how to fix it is telling you the ideal way to go about things the ideal is to send away the mother and the improper way to do it is to take the chicks when without sending away the mother so there's between and the how to understand according to is a solution for somebody who did the who didn't do it right according to the t is giving you the instruction has how to do it right oh so so the says according to there's no to send away the mother it's it's preventing it's preventing there's no according to very good according to you would have to make a but according to the you don't make a because sending away the mothers not a when the Torah said was talking about a case for somebody who did the wrong thing and to fix and says if you look at the continuation of the r there in gim gim the Raj says the same thing there's no to send away the mother is a way of fixing the a so the we know that the in the beginning of brings the says that it's not because there's no the is to do right says the the r Accord according to the rush and the Run he says that when you marry a woman the mitah is only completed when you get to the it's too late to make a I don't remember why I think re because it's Tot so therefore you never make a on you never make a a could when you let's say eat kosher meat you make a thank youm that you commanded us not I'm not EA I'm not eating pork there's no such thing as making a on a you always make a on so here when it comes to yeah exactly okay is everybody okay okay everything okay okay so so so very good so now so when would you have to make a when would you be if you if you screwed it up you messed it up that's a Mitzvah but that's the that's the that's there's no it's only avoiding when is the say when you screwed it up to fix the fact that you didn't send away the mother that's when the Torah say but then it's that's the if you read the Raj you go through the Raj it's written in the words even though the didn't see it but once the explained it this way you'll see it's m written in the words of the is that clear am I is this so but but not withstanding there are there's a ritv that holds that no even according to has a dual meaning is a dual instructive it's an instructive how to do things rightly and also a way to fix it so the other did you make they were of the's opinion that held that when the tah says was even when you do it right so therefore there's that when you do theah according to many the only thing that you're doing is avoiding but you're not doing a that fits very nicely with the according to the there's no mitvah to run after if you want the mother you want the chicks you have a say you have negative command not to take the chicks or the eggs without the mother there's Noah to it's avoiding other to do it and it that's whether or not you make yeah no if you want yeah you know that I'm not sure about but if you want the chicks and you want the eggs and you go through the bother of sending away the mother then you'll get AR so it's a beautiful it's it's none of the have any the riv who was on the on the Rival was of the opin but was of the opin it's only avoiding that's why there's no and when is there say when it's aah when you did the wrong thing and now you have to fix it up then you have a by then it's already that's the em couldn't figure it out the didn't figure it out but he got it that's the the ones that say you don't make a hold that the only thing you're doing is avoiding say and the r and the r in the beginning of say you never make a the ones who you do make a because they H that you're also being however not withstanding there are we saw that on one side you have the rid and the Raj is is une the Raj is equivocal the Raj isn't so clear one place the Raj says no the other place the Raj says some people have the minic some people don't have the Min but those who are very clear the you don't make said you don't make says you don't make but he brings another reason he says there a that might be like what you're saying that there's a little bit of an aspect of because he may like the ra but you have that say you do make a you have say you don't make a and you also see that throughout the you also have the split for example the also another um number 13 also another Turkish Sage that lived probably a bit after the he holds that you do make a was very adamant that you make a and the Misunderstood the r he didn't understand understand the in the RBA he thought that the Raja was saying that only in a case where you messed it up you don't make a you don't make a but if you didn't mess it up you didn't make a that's not the the r meant to say sorry the Raj meant to say that if you mess it up you don't make a because when you don't mess it up you don't make a because you're not doing it yeah XA for example you mess it up you stole I no maybe I'm not sure so the by the way the make the ad he brought down quoted from that he made a but but but rash andad most they don't make a so it's an interesting thing that you see the began already between the and the carries down make you do make and according to most other plac you don't I personally hold you don't make because it's you can make a because there's no there's no say involved there only and if you mess it up then it's going to be a mitvah you'll have so that's interesting the Raj the Raj that you make a but the so there's a lot of in like s when do you make a and when you and it's a very difficult because every ran gives a a CL and then they all come along well there's this exception and that exception right for example one of the things is if it's something that you have to do right so one of the things if you if it's something that you have to do if it's something mandatory compulsory then you make a of of right so they asked what about we say so they see that's you see it's not doesn't fit every reason that they give a whole bunch of exceptions it's very it's it's a big Su and it's so confusing that I hate getting into the Su because some say whether you can do it through a some say it's totally whether it's mandatory or not but you have according to most reasons in fact it would be more logical to say but you make a but according to Most B we don't make a yeah makes the though if you if there would be a I don't know what do you say here you hear his question M he's asking if I send you to do who gets whose life gets longer all right yeah you know no there there's enough right so it's interesting that there there's a there are there is a sheet in the in the too it's a minority opinion it's the sheet of the SM the brings down interesting he says the gor says that a son doesn't have to Shell out money for the MIT of but if it's a mitvah it's not we don't pass the she of the and the by the that if it's if you're being the MIT of with your actual goof then you do have to Shell out money the only time you don't have to sh out money is if you're just doing it but not it's there's correct right the end ofes that you don't have to sh has a draw remember right right so you remember it's thear in the first par over there it's the in the say and I think the G there brings as a source why when it comes to I don't remember the the I think the first yeah does anybody know I don't remember what you make I think he makes yeah but there's so many exceptions of the rule that's why I don't know how to get into the Su because you once you get into the sugya you get you get all tangled up but so that's the so therefore after all of this back and forth as they say a lot of say make a I won't deny that but I think you should not make a what you can do is you can make a without