Q. When one wants to do the great mitzva of shiluach haken, does he actually have to take hold of the bird and then send it away? What happens if as he was approaching the nest, it just flew away, was he mekayem the mitzva?
A. On Talmud (Chulin 141b) there are different opinions on the proper way to comply with this mitzva, and Poskim also maintain different rulings whether one has to hold on to the bird by its wings or feet (they differ on two of Rashi's interpretations). Rambam (H. Shechita 13: 5) asserts that he has to hold on to its wings, so does the Ran and Chassam Soffer (O.H. 100) in his name.
However, Chazon Ish (Y.D. 175: 2) rules that in practice, there is no difference whether one took hold of the mother-bird and then send it away or just chased it. He also maintains that there is no prohibition to hold on to the bird, when his intention is to send it away.
Sefer Kan Tzipor relates that this was the way the Satemar Rebbeh zt'l complied with this mitzva. Similarly, Shaleach Teshalach (p. 47) quotes the testimony of many Gedolim including Horav Shach, RS'Z Auerbach, zt'l, that they complied by just chasing away the mother-bird without holding it first, as the Rambam maintains.
Poskim mention that one should be careful when approaching the nest, to have in mind to comply with the mitzva, if the mother bird just flies away by itself as often happens.
Horav Shlomo Miller's Shlit'a opinion is similar.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Important Numbers
