Talking Talmud

A new tractate, taking the first-born animals as its major focus: including human first-born sons, first male domesticated animals, and first-born donkeys, commemorating the first-borns who were saved in Egypt. We open with the focus on the donkeys. And, of course, with a new mishnah. The mitzvah applies only to donkeys that are owned fully by Jews. The question is, then, what happens if the donkey is jointly owned, and it lists 5 cases. The Gemara addresses why all of those 5 cases were necessary to spell out (instead of learning from one to the other).

A new mishnah! The last one, to be sure. Taking the mother bird for the fledglings or eggs -- you take the mother bird for the sake of the purification of the person recovering from tzara'at. Meaning, the mitzvah of that purification doesn't make it permitted to take the bird under the circumstances of her being on her chicks/eggs. Also, the philosophical conundrum of one who sends away the mother bird, for which long life is promised, and at the behest of his father, so honoring his parent, for which long life is promised, and then dies on the descent. How to reconcile or resolve this contradiction? [Who's Who: Elisha ben Avuya, aka "Aher"]

New mishnayot! 1 - If you send away the mother bird, and she comes back (even several times), you still have to send her away, if you want the eggs. Plus, when a positive commandment comes together with a negative commandment. Also, the implementation of lashes -- where the obligation begins with the sending of the mother bird away, but once she's been taken without sending her away, then what? Can she be sent away after she wasn't? And practically speaking, lift the bird! (What does that accomplish??).

More on the mitzvah of sending away the mother bird from sitting on her eggs or fledgling birds. If someone approached the nest with a knife, and began slaughtering the birds, or nearly so, does he send away the mother bird? What does it mean to take the birds for yourself? What state does the bird need to be in? The Gemara proffers several cases for several "teiku" lack-of-conclusions. Also, the positioning of the mother bird at the time of sending her away -- the obligation to do so only kicks in if she's actually sitting on the eggs or fledgling and touching the nest itself.

Consecrated birds are exempt from the mitzvah of sending away the mother bird -- what is the case? Well, what if a person consecrated the baby birds in the nest? Returning them to the nest if the mother bird returns to them, then there's no requirement to send her away anyway! Maybe he's consecrating the mother bird. Plus, what happens if a consecrated bird escapes to the wild?! Note that the Gemara narrows the mishnah's halakhah to a very specific case, in contrast to the original phrasing. Also, the case of finding a nest in the head of a person. And the ostensible sources, or allusions, anyway, in the Torah, for Moshe, Haman, Esther, and Mordechai. [Where's Where? Papuniya]