Pisqa’ 227⁹¹

1. “If you happen across a bird’s nest” (Dt. 22:6)— this excludes from the rule birds that are ready at hand **[as opposed to wild birds].**⁹²

footnotes: ⁹¹ H:236-237; JN2:137-138. ⁹² Cf. M. Hul. 12:1.

The minimum number intended by the plural, “fledglings” (Dt. 22:6), is two, and the minimum of “eggs” (Dt. 22:6) is two.⁹³ 228.2. How do I know that even if there is but one fledgling or one egg, he is obliged to send off the dam?

“A nest” (Dt. 22:6)— a nest with any number of young.⁹⁴

footnotes: ⁹³ Cf. Pisqa’ ⁹⁴ //M. Hul. 12:3

2. Inferring from what is said: “Before you in the path, . . . and the dam is crouching over the fledglings or the eggs” (Dt. 22:6)— is it possible to say that I might exclude from the rule ducks or chickens nesting in an orchard?

“Before you” (Dt. 22:6)— **[birds raised for your needs are exempt from the rule].**⁹⁵

footnotes: ⁹⁵ Cf. M. Hul. 12:1; T. Hul. 10:9.

I might infer only that [the rule applies to] nests found in a private area. On what basis do I know that [it applies as well to] a public thoroughfare? The Teaching states: “In the path” (Dt. 22:6)— [that is, a road traversed by a multitude].

On what basis do I know that the rule applies to [nests found] on trees? The Teaching states: “In any tree” ( Dt. 22:6).

On what basis do I know that the rule applies to [nests found] on the ground? The Teaching states: “Or on the ground”*(*Dt. 22:6).

3. “And the dam is crouching over the fledglings or the eggs” (Dt. 22:6) — just as with fledglings, [the rule applies] only to those capable of surviving [with proper care], so, too, with eggs, [the rule applies] only to those capable of surviving [with proper care]. This excludes [from the rule] abnormal eggs [since they will not survive]. Now, just as eggs require the dam’s care, **so, too, fledglings require the dam’s care.**⁹⁶

footnotes: ⁹⁶ // M. Hul, 12:6.

“And the dam is crouching over the fledglings or the eggs” (Dt. 22:6)— [send the dam off] while she is crouching over them, **but not if she is fluttering about.**⁹⁷ Is it possible to say that [the rule applies] even where her wings are in contact with the nest?

“And the dam is crouching over the fledglings or the eggs” (Dt. 22:6)— even if [momentarily] she is not with them, **[she is still considered in contact with the nest].**⁹⁸

footnotes: ⁹⁷ //M. Hul. 12:3. ⁹⁸ //M. Hul. 12:3.

Is it possible to say that if an unclean bird was crouching over the eggs of a clean bird, or if a clean bird was crouching over the eggs of an unclean bird— **one still stands under obligation to send off the dam?**⁹⁹ The Teaching states: “And the dam is crouching over the fledglings or the eggs” (Dt. 22:6)— [the rule applies only to birds] that are all of a single type **[whether clean or unclean].**¹⁰⁰

footnotes: ⁹⁹ = M. Hul.12:2; //T. Hul. 10:10. ¹⁰⁰ Cf. T. Hul. 10:10.

4. “You may not take the dam as well as the young” (Dt. 22:6). Inferring from what is said: “Then the Priest shall take for the purificant two living birds that are clean” (Lv. 14:4)— is it possible to say that he may take the dam from the nest **in order to cleanse a victim of Scale-disease?**¹⁰¹ one suffering an inflammation on the skin.

“You may not take the dam as well as the young” (Dt. 22:6)— **not even to cleanse a victim of Scale-disease!**¹⁰²

footnotes: ¹⁰¹ Heb: metzor`a; ¹⁰² //M. Hul. 12:5; Cf. T. Hul. 12:16.

5. Another word: “When you build a new house” (Dt. 22:8). R, Ishmael says: The verse comes to teach you that A person never knows how he will be judged. As it is said: “For a man does not know his allotted time, like a fish trapped in a net” (Ecc. 9:12).