Version 2
by Dovid Sears and Richard
H. Schwartz
If you chance upon a bird's
nest along the way in any tree or on the ground,
whether it contains young birds or eggs, and the
mother is sitting upon the young birds or upon
the eggs -- you shall not take the mother bird
together with her children. You shall surely send
away the mother, and only then may you take the
young for yourself; that it may go well for you,
and you may prolong your days. (Deuteronomy 22:6-7)
Our sages discern within this
Torah law several surprising and far-reaching
implications. Concerning the phrase "shalei'ach
tishlach" ("you shall surely send
away"), the Midrash states:
Why does the verse use a double
expression? Because one who fulfills the "sending
forth" of this precept will be granted
the privilege of "sending forth"
a slave to freedom. As it is written, "and
when you send him forth free . . ." (Deuteronomy
16:130). Fulfilling the precept of sending
forth the mother bird also hastens the advent
of the Moshiach, which is associated with
the expression 'to send forth." As it
is written, "[blessed are you . . .]
who sends forth the feet of the ox and the
donkey [to range freely]" (Isaiah 32:20).
Rabbi Tanchuma said: fulfilling this precept
hastens the arrival of Elijah the Prophet,
whose coming is associated with the expression
"to go forth." As it states, "Behold,
I shall shall send forth to you Elijah the
Prophet . . ." (Malachi: 3:23), and he
shall come and console you. " He will
return the heart of the fathers to their children,
[and the heart of the children to their fathers]"
(ibid.) (Devarim Rabbah 6:3).
At first glance, these connections
may seem arbitrary. What does the simple act
of sending away a mother bird before taking
the nestlings have to do with the coming of
Moshiach? The midrash uses the verb "tishlach"
("to send away") as the medium that
interrelates the issues it mentions. But this
semantic link only begs the question as to
what these issues actually have in common.
JUDAISM AND ANIMALS
A possible answer may be found
by considering Jewish teachings on compassion
to animals. While the Torah clearly places
humanity above the animal kingdom, it mandates
respect for all creatures, forbids causing
animals unnecessary suffering, and idealizes
the state of peace and harmony among all living
things that will characterize the Messianic
era. The term "nefesh chaya" (living
soul) is applied to animals as well as humans
(Genesis 1:21 and 1:24). The Torah states
that G-d made treaties with animals (Genesis
9:9, 10; Hosea 2:20). After debating the stringency
of the prohibition of cruelty to animals,
the Talmud concludes that it is a Scriptural
prohibition (Baba Metzia 32b, according to
most Rishonim). The ramifications of this
are discussed in greater detail in the authoratative
Sefer Chassidim of Rabbi Yehuda HaChassid,
as well as in halachic literature. The Kabbalists,
too, stress the importance of compassion and
respect for animals, since all things emanate
from G-d's Wisdom and serve His Will (Tomer
Devorah ch. 2-3). Perhaps the cornerstone
of the Jewish attitude toward animals is the
Psalmist's declaration: "his compassion
is upon all of his works" (Psalm 145:9).
Because the Creator shows compassion to all
creatures, so should we.
THE TORAH'S IDEAL
The Jewish paradigm of a perfect
world is the biblical Garden of Eden, in which
harmony and peace existed between all creatures.
The curse of death had not been visited upon
the world, and both humans and animals were
vegetarian, both by instinct and Divine mandate.
(In fact, even after the banishment from Eden
humans were not permitted to eat meat until
after the great flood during the generation
of Noah.) This Eden-like state of harmony
and peace will be restored in the Messianic
era. As the prophet states, "The wolf
shall dwell with the lamb . . . the lion will
eat straw like the ox . . ." (Isaiah
11:6-9).
According to Rabbi Avraham Yitzchak
Kook, first Chief Rabbi of pre-state Israel,
all creatures will then return to their original
vegetarian diet, for the "tikkun"
(spiritual rectification) accomplished by
meat-eating will have been fully accomplished
(Olas Rayah 2: 292).
Of course, the central feature
of the Messianic era is freedom from political
subjugation. The entire Jewish people will
return to the land of Israel, where at last
they shall dwell in peace. All conflict between
nations will cease (Mishneh Torah, Malachim,
Ch. 11). Human nature itself will be transformed:
"A new heart I will give you, and a new
spirit I will put within you; I will remove
the heart of stone from your flesh, and I
will give you a heart of flesh" (Ezekiel
36:26). The prophets envisioned a future world
in which compassion, not selfishness and strife,
shall reign forever. "They shall neither
hurt nor destroy upon all My holy mountain,
for the knowledge of G-d shall fill the earth
as the water covers the seas" (Isaiah
11:9).
A MIDRASH THAT LEADS TO MA'ASEH
Given this, we can see a profound
connection between the mitzvah of sending
forth the mother bird (shilu'ach hakan), the
freeing of a slave, and the advent of the
Moshiach. According to another Midrashic source,
this precept is an act of compassion:
Rabbi Yudan Ben Razi taught:
Just as the Holy One, blessed be He, has mercy
upon beasts, so does he have mercy upon fowl
(Devarim Rabbah 6:1).
Other commentators explain the
mitzvah of "shilu'ach hakan" as
aspiring to develop our sensitivities toward
other humans (Nachmanides, ad loc.: Sefer
HaChinnuch 294, 545). It might be objected
that we cannot know the reason for any mitzvah,
since the Torah is a product of the Divine
will and wisdom. However, all authorities
agree that the Torah wishes to ennoble us
through its teachings. "The midrash (theory)
is not the main thing, but the ma'aseh (deed)
(Avos 1:17). The implication of the precept
of sending away the mother bird at the level
of action is clear: further acts of compassion
for other human beings (such as freeing a
slave) and ultimately world peace and enlightenment
are brought about by an act of compassion
for animals.
Why should this be so? Perhaps
because acts that bespeak an enlightened spirit
are inherently Messianic> One example is
sending away the mother bird -- but this is
implicitly true of all acts of compassion.
A person can be compassionate only by putting
aside self-concern and considering the total
situation of which he or she is a part. This
holistic awareness will be fully attained
during the Messianic era. The spirit that
moves us to behave in a sensitive and caring
manner is an extension of the Messianic spirit.
Thus, the Midrash enjoins us to bring the
Moshiach by becoming attuned to this spirit
and allowing it to inspire our actions. Then,
to paraphrase the words of our Sages, "the
Merciful One will surely have mercy on those
who are merciful."
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Dovid Sears is the author
of "The Path of the Baal Shem Tov: Early
Chasidic Teachings and Customs" (Jason
Aronson, 1997) and "Compassion for Humanity
in the Jewish Tradition" (Jason Aronson,
1998)
Richard Schwartz is the author
of "Judaism and Vegetarianism" (Micah,
1988) and "Judaism and Global Survival"
(Atara, 1987), as well as numerous articles on
vegetarianism, animal rights, and ecology.