I have nothing to lose by being mafkir it and doing it. Location of NestThe mitzvah can be done in any country in the world, and even at sea17 However, the Mishna states that a kan mezuman, a prepared nest, is excluded.18 This means that the mother bird and her offspring must be ownerless. Since the halacha states that a chatzer, private property, acquires objects on behalf of its owner even without his knowledge, a nest in one’s yard would generally be ineligible for this mitzvah. This is because the nest and offspring would automatically belong to the owner. Therefore, some authorities hold that one could fulfill the mitzvah only with nests in public places, such as parks.19However, according to other authorities it is possible to remove the offspring from the owner’s possession by making them hefker, ownerless and available to all.20 One may follow these opinions and declare in front of three people21 that the eggs or chicks on his property are hefker. He may then proceed to fulfill the mitzvah.22
are you sure its a kosher bird? that youre doing shiluach haken when the mother is sitting as opposed to the father?
I have nothing to lose by being mafkir it and doing it. Location of Nest
Eligibility of BirdsOnly kosher birds are eligible for this mitzvah. When determining which birds are kosher to eat, we require a clear mesorah, tradition, that our ancestors ate these birds.11 However, when determining which birds are fit for the mitzvah of Shiluach Hakan, we may rely on the physical signs of kosher birds as delineated by Chazal.12Therefore, we can distinguish among three categories of birds: 1) Kosher birds which we eat and may use to fulfill the mitzvah, for example certain species of pigeons, doves, geese, and ducks; 2) Birds which exhibit kosher signs13, yet do not have a clear mesorah, for example sparrows, robins, cardinals, and orioles. These birds may be used to fulfill the mitzvah, but they are not considered kosher to eat; and 3) Birds which are definitely non-kosher with which we should not perform Shiluach Hakan. This includes eagles, ravens and other birds of prey.A. GenderThe mitzvah can be fulfilled only when the mother bird is roosting. Since the male also roosts at times, one should determine the gender of the bird before sending it away. However, there is generally no way the layperson can distinguish between genders of birds. Of note, the male dove, pigeon and sparrow will usually sit during the day while the female sits at night. Therefore, the mitzvah should be fulfilled at night. The female American Robin, Canada Goose and Mallard Duck sit both day and night. If the roosting habits are unknown, one should fulfill the mitzvah at night, as we assume it is the mother on the nest.14
It looks like it's a sparrow. It's definitely not an Eagle or Raven and I will do it at dusk. Again, while I won't know conclusively that I have for sure performed the mitzvah, I have nothing to lose by picking up the eggs and putting them back in. See below.
if you dont do it properly, it could be tzaar baalei chayim
Properly as in wear gloves? Any other tips?
gloves? huh?
No one thought this was inappropriate?
Is this for real?
Highly
Lkwd
