“You must first send away the mother and then you may take the
young. This is order that you have it
good and will live long.” ( Devarim 22:7)
This passage commands
us to send away the mother bird before removing the eggs or chicks from the
nest. In other words, we are not
permitted to capture the mother bird with her chicks or eggs. First, we must send away the mother and
then, we can take the eggs or chicks from the nest.
The Torah does not
provide any explanation or rational for this commandment. However, the commentaries discuss the
extensively the reason for this mitzvah
and offer a number of suggestions.
Maimonides suggests that the mitzvah
is designed to reinforce our sense of compassion. He explains that the anguish that the mother bird experiences at
seeing her nest raided is similar to the feeling a human mother experiences
over the loss of a child. We are
commanded to send away the mother and spare her this anguish. We are required to act with sensitivity and
compassionate even in our treatment of animals. If we follow this practice, this sensitivity and compassion will
– hopefully – find expression in our relationships with other human
beings. The converse is also true. If we treat animals with cruelty, this
callousness will be expressed in insensitivity in our treatment of human
beings.[1]
Nachmanides offers an alternative explanation for the requirement to send away the mother bird. He suggests that the commandment is designed to assure the maintenance of the species. We are permitted to take the eggs or the chicks for our use. But we must spare the mother. We must allow some members of this “family” to survive. We cannot wipe-out the entire unit. Our authority to harvest the birds and animals of the world for our own use is moderated by this commandment. This helps assure the survival of some members of the species that can continue to procreate.[2]
Why is the survival of
each species important? Sefer HaChinuch
expands on Nachmanides’ explanation. He
explains that Hashem created our world with its variety of species. It is His will that His creations – the
species – survive. Sefer HaChinuch
asserts that Hashem’s divine providence does not just extend to human beings. It also extends to each species. Of course, there providence that human
beings experience is far more extensive and detailed that the providence
experienced by animals. But Hashem does
extend His providence over animals to the extent of assuring that each species
survives.
We are required to
serve Hashem. We serve Him by
conforming to His will. Therefore, we
must take care to not endanger the survival of any species. If we are not conscientious in these efforts
or if we endanger a species’ survival, we are demonstrating disregard for
Hashem’s will.[3]
Of course, it is
tempting to treat Nachmanides’ and Sefer HaChinuch’s perspective as an
endorsement of modern environmental and ecological efforts to save various
species from extinction. However, this is
not completely appropriate. It is
important to recognize that modern science has developed an elaborate system
for the classification of species. Even
two creatures that seem essentially identical may be identified as separate
species. Our modern efforts to battle
the extinction of species are designed to save as many species as possible
irregardless of the existence of similar species that are not threatened. No one would suggest that we should allow
the bald eagle to slip into oblivion because there are so many other species of
eagles that are not threatened. But it
is not clear that Nachmanides and Sefer HaChinuch would accept our modern
classifications of animals into a vast array of difference species. It is likely that the Torah would define species
more broadly. In other words, many of
the similar animal groups that modern classification recognizes as separate
species, the Torah might consider as included in a single species. It is not clear that the Torah would regard
the bald eagle as a separate and distinct species. So, it may not be appropriate to recruit Nachmanides and Sefer
HaChinuch to participate in our modern ecological and environmental campaigns.
All of these
authorities are concerned with an interesting teaching in the Talmud. The Talmud teaches that a person should not
pray to Hashem to be merciful towards us just as His mercy extends to the
birds. The Talmud explains that this
prayer implies that Hashem commands us to spare the mother bird as an
expression of His compassion. Instead,
we should regard his commandments as decrees and not attribute them to His
mercy.[4]
This teaching seems to
imply that we should treat the commandments as decrees from Hashem. A decree is an imperative that is followed
without question or analysis. In
comparing the Torah’s commandments to decrees, the Talmud seems to imply that
we should regard their reasons and rational as inscrutable or irrelevant. We should refrain from attempting to explain
the commandments. In fact, any attempt
to explain the significance of a commandment is inappropriate and implies a
lack of devotion.
It is interesting that
Maimonides actually accepts this interpretation of this teaching from the
Talmud. He explains that this teaching
reflects the opinion of those Sages who regarded the commandments as
expressions of the divine will.
According to these Sages, it is not appropriate to seek explanations for
the commandments or to attribute reasons to them. The commandments are decrees to be followed without any thought regarding
theirs purposes or objectives. However,
Maimonides explains that this is not the position that is prevalent among the
Sages. Therefore, Maimonides concludes
that it is appropriate to suggest explanations for the commandments.[5]
Nachmanides rejects
Maimonides’ understanding of this teaching.
Nachmanides insists that this teaching is not intended to imply that the
commandments do not have reasons or that it is inappropriate to seek these
reasons. Instead, the teaching is
dealing with a completely different issue.
We are not permitted to attribute Hashem’s mitzvah to send away the mother bird to His compassion for the
bird. Hashem is not compassionate
toward birds! He gave us the authority
to use animals for our needs. We are
permitted to slaughter animals. Any
compassion that we are commanded to show towards animals is not required out of
consideration for these animals.
Instead, this commandment – like all others – is designed to benefit
humanity. It is either designed to
teach us compassion – as suggested by Maimonides or to preserve the species
that Hashem created. Both of these
possible lessons are important for human beings.
However, Nachmanides
notes that the Sages do state that the commandments are designed to “purify”
us. Nachmanides acknowledges that one
might interpret this statements to mean that the commandments do not have
specific reasons or rational. Instead,
we are commanded to observe the mitzvot
as an expression of obedience to Hashem.
The commandments “purify” us in the sense that they help us overcome our
willfulness and self-centeredness. They
train us to serve Hashem and to be faithful to His will.
Nachmanides rejects
this interpretation of the Sages’ comments.
He suggests that the Sages were attempting to communicate a far more
profound idea.
We are required to
serve Hashem. It is reasonable that we
will compare our relationship to Hashem to the relationship that exists between
and servant and master. In the servant/
master relationship, the servant serves the master. But the master needs and benefits from the service of the
servant. If we understand our
relationship to Hashem to be akin to this relationship, we will serve Hashem but
we will also conclude that Hashem needs or benefits from our service. The Sages were eager to teach us that the
commandments were not given by Hashem because He needs our service. Hashem is perfect and complete in every
way. He does not benefit from our
service neither is he harmed by our disobedience. But he commanded us to observe His mitzvot in order that we should benefit.
This is completely
consistent with Nachmanides understanding of the mitzvot. Each has a reason
and rational. Each is designed to
benefit us in some way. The specific
purpose of a mitzvah may not be specified
by the Torah or at all obvious. Nonetheless, we can be sure that the
commandment is designed to “purify” us – to benefit us is some way.[6]
Sefer HaChinuch
discusses these comments of Maimonides and Nachmanides. He explains that it is his practice to offer
some explanation for each commandment.
He recognizes that this practice can be criticized. It assumes that the commandments have reasons
and rational. But Sefer HaChinuch
explains that he feels that it is appropriate for him to make this
assumption. Maimonides and Nachmanides
– two of our greatest scholars – both agree that each commandment has a purpose
and reason. He asserts that he
certainly has the right to rely on the authority of these two giants.[7]
[1] Rabbaynu Moshe ben Maimon (Rambam / Maimonides) Moreh Nevuchim, volume 3, chapter 48.
[2] Rabbaynu Moshe ben Nachman (Ramban / Nachmanides), Commentary on Sefer Devarim 22:6.
[3] Rav Aharon HaLeyve, Sefer HaChinuch, Mitzvah 545.
[4] Mesechet Berachot 33b.
[5] Rabbaynu Moshe ben Maimon (Rambam / Maimonides) Moreh Nevuchim, volume 3, chapter 48.
[6] Rabbaynu Moshe ben Nachman (Ramban / Nachmanides), Commentary on Sefer Devarim 22:6.
[7] Rav Aharon HaLeyve, Sefer HaChinuch, Mitzvah 545.