10 Sep KI SEITZEI: DON’T TAKE ADVANTAGE OF PEOPLE’S COMPASSION

This week’s
parsha contains
one of the most
f a s c i n a t i n g
mitzvos in the
Torah: “Shiluach
HaKen” [Devarim 22:6-7], sending
away the mother bird. The Torah says
that if a person finds a bird nesting on
its flock, he is not allowed to take the
mother and the chicks or eggs at the
same time. First, he must send away the
mother and only then can he take the
eggs or chicks.
This mitzvah involves both a positive
and negative commandment. We are
forbidden from taking the eggs without
sending away the mother. On the other
hand, we are commanded to take the
eggs after first sending away the mother.
Rav Yosef Chaim Sonnenfeld (1849-
1932) explains that the problem with
taking the eggs without sending away

the mother is that one is taking
advantage of the natural and instinctive
compassion that every mother has for
her brood. We are forbidden to misuse
this instinct in order to trap the bird.
Birds are normally very difficult to
trap. As soon as one approaches a bird it
will quickly fly away. But in this
situation, when a person approaches a
mother bird, it does not fly away. She
suppresses her natural inclination and
remains, trying to protect her brood.
We would be able to catch the bird –
something that is normally almost
impossible to do — but the Torah says
that we may not do so. The Torah does
not want us to take advantage of the
mother’s natural instinct to protect her
children. Doing so would be misusing
one of the most basic and fundamental
instincts that G-d gave to His creatures
and one that the Torah values highly –
that of compassion.

The Torah does not tolerate
“cashing in” on a mother’s
feeling of compassion for her
children in order to trap the
mother. On the contrary, the
Halacha insists that one must
first send the mother to
freedom, before attempting
to take the eggs or chicks.
What lesson can be derived
from this mitzvah? Rav
Yosef Chaim Sonnenfeld
writes that some people are
“soft touches”. When approached by a
stranger who gives them a story of need
or hardship they just cannot say ‘no’.
The Torah warns us not to take
advantage of such people. We are
admonished from misusing, abusing, or
capitalizing on the instincts and
emotions of another human being.
This does not mean that a charity
collector is only allowed to collect from

the “toughest guys in the shul”. No one
ever suggested that nice guys should
not give Tzedakah. However, we must
be careful not to abuse or take advantage
of such a person or situation.
When we are aware of beautiful
instincts – whether they exist in a mother
bird or in a person – we should not take
advantage and abuse those wonderful
traits. This is a lesson to be learned from
the mitzvah of Shiluach HaKen.