Q. We saw a heron bird nesting close to our cottage, and our children were wondering if there is a mitzva of Shiluach Haken in such wild bird. Is there? If there is, what bracha should be said?
A. On question 187 regarding if there is a mitzva of Shiluach Haken when one finds a bird’s nest outside one’s home, we wrote: “The Talmud (Chulin 138b) derives from the verse (Bamidbar 22:6) “If a bird’s nest chances before you on the road, on any tree, or on the ground”, this creates an exclusion to the mitzvah of shiluach hakan. Namely, it does not apply if you already posses the eggs in the nest that is in your property. And so it is codified in Shulchan Aruch (Y.D. 292:2).
However Poiskim differ if a remedy exists. If one would declare, prior to the eggs being laid, that he does not have intent to acquire the future eggs, they will not be his, as you cannot force ownership on anyone. Would there be then a mitzvah of shiluach hakan? Hisorerus Hateshuva ( 4:154) claims that you will comply with the mitzvah, while Horav Shlomo Auerbach Zt”l (Minchas Shlomo 2:97:26) has misgivings, as this may still be considered “in your property”.
There is a further Halachic disagreement, as to when you don’t want the eggs at all, but you have the nest in front of you, do you still have to comply with the mitzvah and send away the mother-bird. Piskei Teshuva (Y.D. 292:1) provides the different opinions involved.
Horav Shlomo Miller’s Shlit”a opinion is that in this particular case, when the eggs are not yet laid, you don’t have the responsibility to bring yourself to comply with the mitzvah. However, if you had the intention of not acquiring the eggs, as mentioned before, you would fulfill an important mitzvah, providing that the mother bird is a kosher bird. Since herons do not have the needed tradition to be considered kosher birds, there is no mitzva on them.
Even if they would be kosher birds; on question 2684 we wrote:
“Poskim disagree as to what is the correct bracha if any to be recited. Many Poskim rule against the opinion of the Ra’aved (Tomim Deim 179), the Rokeach (366) and Aruch Hashulchan (292: 10), and maintain that no brocho should be said at all for this particular mitzva.
Various reasons are given why we do not recite a brocho. Meiri (Megila 21b) maintains that since one is not obliged to look for a nest and he complies with the mitzva only when by chance he finds one, no blessing is to be recited.
Toras Nessanel (9) explains, that the eggs may be already spoiled, (or not complete there yet at all), so it is a doubtful brocho that we do not recite. Binyan Tzion (14) adds that if he recites, before he can actually send away the mother bird, she may just fly away herself and the blessing will be in vain.
Horav Shlomo Miller’s Shlit’a opinion is similar and even if it is a proper kosher bird, no brocho should be recited including Shecheyanu.
Rabbi A. Bartfeld as revised by Horav Yaakov Hirschman, Horav Dovid Pam, Horav Aharon Miller, Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a.
Important Numbers
