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Bartenura on Mishnah Chullin

Sefaria · Mishnah > Rishonim on Mishnah > Bartenura > Seder Kodashim · 509 sections

1. 12.2.2

   עוף טמא רובץ על ביצי עוף טהור – even though that this species of pigeons are ones that are sent out from the nest], he is exempt, for we require, “a bird’s nest” (Deuteronomy 22:5) that the mother who makes a nest is pure.

2. 12.2.3

   ועוף טהור הרבץ על ביצי עוף טמא – for Scripture states (Deuteronomy 22:7): “and take only the young,” for you, but not for your dogs.

3. 12.2.4

   קורא – In Arabic, we call him “Sonar,” and in the foreign language, “Pardiz,” for it is the manner of the male [bird] to lie down on the eggs like the female [bird], therefore, Rabbi Eliezer obligates to send away the male [bird], but with other birds, Rabbi Eliezer admits that the male is exempt, for the All Merciful stated, “mother” (Deuteronomy 22:7), and not the father, but the Halakha is not according to Rabbi Eliezer.

4. 12.3.1

   בזמן שכנפיה נוגעות בקן חייב לשלח – as Scripture states (Deuteronomy 22:6), “sitting over [the fledglings or the eggs]” but not flying. But since it is written, “sitting over,” and it didn’t write, “sitting,” we learn from it that if its wings touch the nest, she is liable to be sent away.

5. 12.3.2

   שנאמר שלח – and it implies, forever.

6. 12.3.3

   נטל את הבנים – for since he took the fledglings, he had a designated–captive nest.

7. 12.4.1

   לקה ואינו משלח – even though this Is a prohibition that after its violation is transformed into a positive commandment, flogging is not administered. Here this is the reason, as Rabbi Yehuda holds that sending away is implied from the outset, but what are you able to do when you find the nest? You send away the mother bird, and there is not here a negative prohibition that after its violation is transformed into a positive commandment, but rather, you have violated a positive commandment and a negative commandment, but the Halakha is not according to Rabbi Yehuda.

8. 12.4.2

   אין לוקין עליה – if he fulfilled the positive commandment that is in it, but if he did not fulfill the positive commandment, such as when one takes the mother from the fledglings and slaughters it, it dies while under his control, he is flogged.

9. 12.5.1

   מצוה שהיא כאיסר – that there is no loss of money in it, other than a small amount.

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Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020. Via Sefaria (sefaria.org), Sefaria-Export. Version source: http://sefaria.org/ Licence: CC-BY. Source.