שלוח הקן אינו נוהג אלא בעוף טהור אפילו אם האם טרפה ואפילו אין שם אלא אפרוח אחד או ביצה אחת חייב לשלח:

The mitzvah of sending away the mother bird applies only to a kosher bird, even if the mother is a terefah (mortally injured), and even if there is only one chick or one egg, one is obligated to send her away.

A nest that is considered “prepared” for him—for example, doves that usually grow up with humans in houses, and geese or chickens that made their nests in a house—he is exempt. But doves of a dovecote or an attic, and birds that made their nests in tapichim (clay vessels built into walls where birds nest), and in pits, and geese and chickens that made their nests in an orchard—he is obligated to send away the mother. This applies only if the mother has not been lifted from the eggs at all since she laid them. But if the mother was lifted from them, then if those places belong to him, his courtyard acquires them for him, making it “prepared,” and he is exempt.

Wherever one finds the nest—whether in a tree, on the ground, in pits, cisterns, caves, at sea, on a person’s head, or on the head of other animals—whether in the public domain or in private property—he is obligated to send away the mother.

One must send away the mother until she leaves from his hand, and only afterward take the young. If he wants to cut her wings before sending her so she cannot fly and then take her, he is not permitted. Rather, he must send her away immediately with her wings so that she can fly. After she leaves his hand, he may take her if he wishes. But if he cut her wings, he must wait until they grow back and then send her away.

If he wants to take the mother and send away the young, he is not permitted. If he sent her and she returned, and he sent her again and she returned—even several times—he is obligated to continue sending her away. But if he sent her away, took the young, returned them to the nest, and the mother returned to them, he is exempt from sending her away again.

If he took the mother from on top of the young and did not send her away, he should send her away and then he is exempt.

If the eggs are infertile, or the chicks are able to fly, or they are terefah, or a male is sitting on the nest, or an impure bird is sitting on the eggs of a pure bird, or a pure bird is sitting on the eggs of an impure bird—he is exempt from sending away the mother.

If she is sitting on eggs that are not of her species but they are kosher, then he should send her away. However, if he does not send her away, he does not receive lashes.

If there is a rag or feathers from another bird, or infertile eggs separating her from the nest, or there were two layers of eggs one above the other and her wings touch the upper layer, or if there is a mother on top of another mother, or the male is on the nest and the mother on top of the male—he must send her away, but if he does not, he does not receive lashes.

If he slaughtered some of the signs of the chicks while they were in the nest before he took them, he must send her away, but if he does not, he does not receive lashes.

If she was hovering above the nest, if her wings touch the nest, he is obligated to send her away; if not, he is exempt, even if they touch from the side.

If she was sitting between the eggs or between the chicks—even if she touches them—he is exempt.

If she was sitting on two branches of the tree and the nest was beneath her, we consider: if by slipping off she would fall onto them, he is obligated; if not, he is exempt.