Chullin 140a — Which Birds Qualify?
The Gemara continues proving that the Torah’s term:
“צפור” (bird)
in the mitzvah of Shiluach HaKen refers specifically to kosher birds.
A number of verses are examined. Although some passages seem to use “bird” broadly, the Gemara concludes that in the context of Shiluach HaKen the mitzvah applies only to birds that may ultimately be eaten.
Thus:
- A non-kosher bird on kosher eggs → exempt.
- A kosher bird on non-kosher eggs → exempt.
The Gemara applies Rav Kahana’s principle:
“תקח לך ולא לכלביך“
“Take them for yourself, not for your dogs.”
The chicks or eggs must be suitable for human use.
Partially Slaughtered Mother Bird
Rabbi Hoshaya asks:
If someone cut one siman of the mother bird while it sat on the nest, but did not complete the shechitah, does Shiluach HaKen still apply?
On one hand:
- The bird is becoming a treifah.
On the other hand:
- One could still complete the shechitah immediately.
The Gemara leaves the question:
Teiku
Rabbi Yirmiyah’s Famous Questions
The Gemara records a series of increasingly unusual questions:
- Does a cloth separating the bird from the nest matter?
- Do wings separating count as a barrier?
- What about abnormal eggs?
- Two layers of eggs?
- A female sitting on a male sitting on eggs?
All remain unresolved.
These are classic examples of the Gemara probing legal definitions to their limits.
The Male Korah Bird
The Mishnah had recorded:
- Rabbi Eliezer obligates.
- The Rabbis exempt.
Rabbi Abbahu explains Rabbi Eliezer’s position through a gezeirah shavah of:
דגירה – דגירה (“brooding”).
The Gemara limits the dispute specifically to the unusual male korah bird.
An ordinary male bird sitting on eggs would be exempt according to everyone.
Chullin 140b — When Is the Mother Considered “Resting” on the Nest?
The Mishnah discusses birds hovering above eggs.
The Torah says:
“והאם רובצת“
“the mother is crouching/resting.”
The Gemara asks:
How much contact is required?
Hovering Above the Nest
The Mishnah rules:
If the bird’s wings touch the nest:
The mitzvah applies.
If not:
It does not.
The Gemara analyzes cases where the bird is:
- Hovering.
- Perched nearby.
- Sitting on branches above the nest.
The basic principle:
The bird must be functioning as the mother protecting the eggs.
One Egg or One Chick
A fascinating question:
Must there be multiple eggs?
The Mishnah says no.
Even:
- One egg.
- One chick.
requires Shiluach HaKen.
This is derived from:
“קן“
A nest in any form.
Non-Viable Eggs
The Mishnah excludes:
ביצים מוזרות (infertile eggs)
because the Torah compares eggs and chicks.
Just as chicks must be capable of living, so too the eggs must be capable of producing chicks.