Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 292:9-13. Shiluach HaKen: Viable and Edible Eggs, Directly Above, Touching or Sitting, If There Is a Blessing. By Rav David Genish

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Yoreh De’ah 292:9-13. Shiluach HaKen: Viable and Edible Eggs, Directly Above, Touching or Sitting, If There Is a Blessing. By Rav David Genish · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:00
  Here we go. Basically, I just want to recap
• 0:02
  quickly. Do we summarize Basically, last
• 0:04
  time the importance of taking the eggs, we mentioned that part
• 0:07
  of it is making a Canyon. You can make a Canyon through
• 0:09
  having it in your cuts or by physically picking it up.
• 0:12
  That was the two ways. If you can't do it, you could
• 0:14
  send a shliac. Now we did mention in CPA where
• 0:16
  there was a point of confusion last time.
• 0:18
  See Zion, how you baitseem nazaros?
• 0:20
  When we're talking about baitseem lazaros, we're talking
• 0:21
  about baitseem that are saffename Arabs, baitseem that
• 0:24
  grew from naturally, meaning not fertilized eggs.
• 0:28
  And that's why there's absolutely no matter if Shalu
• 0:31
  who can obviously, because it's not fertilized egg, there's no
• 0:33
  side that there's enough frog inside of it.
• 0:35
  And Hudin any other type of non kosher frog inside of it's a
• 0:39
  traifa or freaky or freaky Moshe Trefa or or Shazakhar Rohit Ali
• 0:47
  Khan, if you have a Zakhar on top of it also, which I want to
• 0:49
  speak about right now. And and these types of scenarios
• 0:53
  where we find it where it's not the claw, what the taz brings
• 0:58
  tikka kla veloila club. It has to be that it's right for
• 1:02
  you to eat and not for your caliph and not that you're going
• 1:04
  to go ahead and feed it to your dog.
• 1:06
  And therefore that's when it is motor.
• 1:07
  If it's going to be something that's not Roy and befitting to
• 1:10
  eat. So then it's not OK.
• 1:11
  Yes, we didn't mention because based on some swarm that bring
• 1:13
  it what's brought down in the beginning of Simontez Vava
• 1:16
  Nochita about young chicks and basically what's mentioned over
• 1:21
  there in the shock is a chick that hatches, even though maker
• 1:25
  dinner might be mutter, but Kozman that its eyes are not
• 1:28
  open for the first six days. It is you're not permitted to go
• 1:31
  ahead and eat it. So there's a question on the
• 1:32
  price can if you're permitted to if there's a den of Shiloh Haken
• 1:35
  in on on chicks like that. Since anyway, it's my one of
• 1:38
  shark. It's not permitted to eat.
• 1:40
  That's A and some of the farm bring down and this is less.
• 1:43
  This is and this is Maruma's there in the shop, but it's not
• 1:46
  much before us about inside of an egg.
• 1:48
  There's also a dim that after a certain amount of days when it's
• 1:51
  come when it starts turning into a chick, but it's still not a
• 1:55
  chick a certain period of time after a certain amount of days
• 1:58
  when it turns into a chick, what we call ricama, and it starts
• 2:00
  producing into a chick. So then is your dinner.
• 2:04
  But this farm already bring down like like was spoken about on
• 2:07
  Thursday, the fact that you can go ahead and return the egg
• 2:10
  underneath another another mother and you can go ahead and
• 2:14
  continue the fertilization process.
• 2:15
  So therefore it would not be in the same category as a trefa.
• 2:19
  Trefa will never be kosher. I'm a Shank in this can
• 2:21
  eventually become kosher. And therefore there still is a
• 2:24
  Minto Chilua Hakan in that it's the earliest farm and laters
• 2:26
  farm that I have this discussion.
• 2:28
  But more or less the post can basically say it's OK.
• 2:30
  Obviously they all basically mention that we don't make any
• 2:33
  differences and start checking and doing all these types of
• 2:35
  things. And therefore we are our Mako
• 2:37
  when it comes to the chicks in the first few days.
• 2:40
  That's that's like I said, questionable because over there
• 2:42
  there's not over. There's a little bit of a
• 2:44
  questionable, but Lamy said we are Mako.
• 2:46
  OK, there you do the mitzvah Makhmah.
• 2:48
  I don't know what word you want you call it, but you're able to
• 2:51
  do the mitzvah of Shilu Hakan in that in that case.
• 2:55
  OK, so basically that's that. Now any chick that is already
• 2:59
  able to fly in its own. So we hear the ties already
• 3:01
  brings down that my bait and tree from the Iman just like we
• 3:04
  know an egg requires its mother. So to their first still require
• 3:08
  their mother, They still require their mother still dependent on
• 3:11
  their mother. My Shankin after they're already
• 3:13
  wings grow a little bit and they can fly even a teeny bit.
• 3:16
  They're able to be somewhat independent after 6-7 days, just
• 3:19
  like your child after 6-7 days is independent.
• 3:21
  He doesn't need you anymore and things like that.
• 3:23
  So therefore there's no mitzvah of Shilu Alka can anymore any
• 3:27
  mint. So she look again anymore Seder.
• 3:29
  That's the that's it in here. Now before we move on to see for
• 3:33
  tests, I just want to mention one other din which is mentioned
• 3:36
  here and that is the Zahar that is rabbitsala can it's mentioned
• 3:39
  over here. The fact that when you have a
• 3:41
  male sitting on top of the nest, then there's no mint of chilua
• 3:46
  cat. And this is learned out from the
• 3:47
  Gemara over there in Kulin and of Kuflan and Khas where it
• 3:50
  mentions A mahogat about Akora. There's some type of bird called
• 3:53
  Akora where over there there's a discussion between rivalis and
• 3:55
  the coming if it's hive or not when it's a male bird on top of
• 3:58
  it. But every all other birds which
• 4:00
  we're familiar with, you know, our doves and our pigeons and
• 4:04
  all these other guys that we do Shiluaka can where those we know
• 4:08
  clearly that one does not do Shiluaka can on top with a with
• 4:12
  a male, a male bird. Classically speaking,
• 4:15
  scientifically speaking, at night time, it is always
• 4:17
  considered the mother during the daytime.
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  It switch takes turns during the daytime.
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  Sometimes it's male, sometimes female, quite hard to figure out
• 4:23
  which ones which. And therefore almost always the
• 4:26
  poison to say it's better to do the mitzvah at night time where
• 4:29
  you know, I'd say 90% a 100% I can 30% a 100%, but almost 100%
• 4:35
  that it is considered the mother bird.
• 4:36
  OK, that's the dinner on the chocolate rock over here.
• 4:38
  The Round 1 brings it in Peric your gimel that males are no
• 4:42
  good in general, males are no good.
• 4:43
  And therefore we say that you don't do a mitzvah Shiloka can
• 4:46
  with them. And therefore it's best to do
• 4:48
  this mitzvah always at night time when the mother is is
• 4:54
  around. We know the din of Oiso is
• 4:56
  Benoit. There's also a mitzvah of Oisis
• 4:58
  Benoit, which is an insert of Oisis Benoit.
• 5:00
  You can't kill 2 animals on the same day.
• 5:02
  And also there it's applied to the mother.
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  It actually even though it says mush and male, but it refers to
• 5:08
  the mother also over there and also over here we darsa mitika
• 5:12
  ha aim all about him. It could have said Tisha.
• 5:15
  He know that we showed him say. But since he said that aim the
• 5:17
  extra word that aim is coming to be mad gish that it's only a
• 5:20
  mother and not on a father. So I always said, what's the
• 5:23
  reason why? And afterwards they actually
• 5:25
  found the milk hummus. Thorum Ban said the same reason.
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  But I'm sure all of you as males can understand what I'm saying
• 5:30
  because men say, OK, you lost two kids.
• 5:32
  We'll wait for another two kids who said or big deal, No big
• 5:35
  deal. The mother has recommended on
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  the kid as we mentioned in the first year that we did if she
• 5:39
  little cannon because the mother cries over her children.
• 5:41
  OK, so the father cries also a little bit, but it's not as bad.
• 5:45
  And therefore the mitzvah was in the I'm telling you the response
• 5:47
  as this before. It's called Zion or basin
• 5:48
  foolin. And that's the reason why we're
• 5:51
  a little bit more Mako in this din.
• 5:54
  This is all not like the Sheeta abra of Nissim Gong.
• 5:56
  There's a famous of Nissim Gong which is rots over there in the
• 5:59
  Gemara that he actually says also males have a din of Shilua
• 6:03
  Hakken. Everybody queries on this, how
• 6:06
  it's against the Gemara. For Russia, it's Pasha, the
• 6:09
  dress of the Buzzuk. And they bring different
• 6:11
  answers. One of the main answers they
• 6:12
  says he's referring that he learns that the gamar is
• 6:14
  referring to a male who's sitting on someone else's eggs.
• 6:18
  He hijacks someone else's eggs. He's sitting on top of their
• 6:20
  eggs. And that's what it's not.
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  But if it's his own eggs or if it's a male that's sitting on
• 6:24
  eggs. And then Remy Zimdrom seems to
• 6:25
  say such a case is high of like I already said, that's
• 6:28
  definitely we do not pass on like that.
• 6:30
  All the retraining disagree with that Remy Zimdrom.
• 6:32
  But it's good to know that there is such a cheetah.
• 6:36
  OK, let's read to the end of the Simon.
• 6:38
  I'm not going to read be medaic too much because these are all
• 6:40
  basically Sphacus in the Gemara, which are came out not relevant
• 6:43
  or maybe I can say completely not relevant for us in our day
• 6:46
  and age. But these are all Sphacus in the
• 6:48
  Gemara, which are entertained in the Sholkhan Ara conceive test
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  haisa matalizo confet naitza me oif Aker there was a different
• 6:57
  bird on top of this eggs, meaning even a part of a bird,
• 7:02
  meaning some feathers or things like that from a different bird
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  or baits him who's the written of seeking.
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  Now this whole seif is basically the Suffolk is it's all
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  different sphakers which are taken in the Gemara is if there
• 7:13
  is a hepcic hatsitza between the mother and the eggs, if
• 7:17
  something is interrupting between her and the eggs
• 7:19
  underneath her, is that considered a problem?
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  Is that considered a hepcic in the mitzvah?
• 7:24
  Therefore you're not higher than the mitzvah of chulufuken or
• 7:27
  your punch from them. It's a batsim muzarism of
• 7:29
  seeking me another Ken. She has normal eggs on the
• 7:31
  bottom, but on top she has big eggs that are suffering me are.
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  She has tenuva eggs which are not fertilized on top of that.
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  Is that a hepstick on top of her or snae sidre batsim zelgabez?
• 7:41
  She has a bunch of eggs 1 tile piled on top of the next and the
• 7:45
  question is what about the ones underneath it for taking?
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  Can I just grab the ones underneath it or do I have to
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  send send her away? Who can affair no good to say to
• 7:53
  her. Elian OSHA isa M Algabe M.
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  Let's say 1 mother was sitting on top of another mother Oshaya
• 7:58
  Zakhar al Akan or the Zakhar who is already spoke out is putter
• 8:03
  from Shulu Hakan is sitting on top of the Ken but the mother is
• 8:05
  sitting on top of the Zakhar. I guess in a big fight I raise
• 8:08
  it Michelayak. So then because all of these
• 8:12
  cases is a Suffolk in the warrant, it's a Teku and the
• 8:15
  warrant and basically the shogunark says send her away.
• 8:17
  What's the big deal of you more shallow, you know, like it say
• 8:19
  you're not going to get Malchus because it's a Suffolk, but you
• 8:22
  definitely should be Makkah in the mitzvah because of the
• 8:24
  Suffolk Very push it. See if you'd shahrot mixer
• 8:27
  Simone Franklin betochen quadim Sheikheno Sheikheno.
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  You shaktered some of the Simone, meaning you have
• 8:35
  shaktered the frog underneath the mother, but you didn't
• 8:39
  finish the job. So now the question is if I
• 8:41
  finish the job, they're Franklin will be Roy to eat and therefore
• 8:45
  I should be admits of sending away the mother.
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  But right now, the way it stands, I can only feed these
• 8:51
  birds to a dog because I only half chef to them.
• 8:53
  They're not kosher yet. They're still unavailable.
• 8:56
  So it's a half baked job. Hareza Michelayah.
• 8:59
  They love, they love. And if you didn't send them,
• 9:03
  it's not like the same Suffolk because they don't know if you
• 9:06
  go after the fact that it will eventually be shifted.
• 9:09
  And therefore it's still Roy for a person or we go on the fact
• 9:13
  that where it stands right now, they are not kosher.
• 9:15
  And therefore and therefore there's no mitzvah of Shiluwaka
• 9:19
  Ken. By the way, that connects a
• 9:20
  little bit to that question we were mentioning about eggs that
• 9:23
  might presently not be kosher, but if I put them under another
• 9:26
  mother, if that's considered kosher right now or not.
• 9:30
  Do you look at the situation right now that right now the the
• 9:34
  chick is almost hatched in the egg and maybe it's not a kosher
• 9:37
  egg? Or do you look at the situation
• 9:39
  in on the fact that I could go put it underneath another
• 9:42
  another bird and therefore it'll be kosher?
• 9:45
  Heysenil fefis you'd alef Heysenil fefis Ala Ken.
• 9:48
  Now this is an important this is an important this is relevant
• 9:50
  for us and that is that the mother has to be somewhat
• 9:53
  sitting on the Ken. The next 3C from basically the
• 9:55
  rule is that she has to be somewhat on top of the eggs.
• 9:58
  What's on top of the eggs that she's somewhat touching them.
• 10:01
  Touching them could mean that she's leaning on them.
• 10:03
  If I move something, she's going to fall, meaning that you know,
• 10:06
  like we have by what's called the Medan Yeshiva by Shmoon
• 10:09
  Asre. If you lean too hard on the
• 10:11
  standard that I pull the standard off and you're on the
• 10:13
  floor. So that's considered you're
• 10:14
  sitting as opposed to if you're just like holding a table, then
• 10:17
  we say that that's called standing.
• 10:19
  So it's similar here with the bird that we say that she has to
• 10:21
  be on top of her egg. So sitting is great.
• 10:24
  If she's flying on top of it, if she's a little bit, touching it
• 10:26
  a little bit, her feet are dangling and touching it, that's
• 10:29
  also called touching it. If she's leaning on branches a
• 10:32
  little bit that if you would move the branches, oh, she would
• 10:34
  she would tip over and have to catch herself.
• 10:37
  That's also called touching it. But if she's right, so let's
• 10:39
  read. I don't know Feffet Ala Ken.
• 10:41
  If she was flying over the can IME can I found no good, But Ken
• 10:45
  hive Lucelaic, as long as she's touching the can even a little
• 10:47
  bit. So then she's she's then then
• 10:51
  you're hive Lucelaic. Like the Taz points out, it says
• 10:54
  Rosie vet says for like Sevio Chevez.
• 10:56
  It doesn't mean that she's literally sitting.
• 10:58
  Rovette says means she's hovering around it.
• 11:01
  I've only come by Ian and Shahe got me the Steve Rovets.
• 11:04
  I read the taz in you and olives just now.
• 11:06
  She still has to be a somewhat touching it in order for it to
• 11:08
  work, being love putter alpha pigeon or got me inside.
• 11:11
  But if she's on the side touching or like a branch or
• 11:14
  maybe on the side of the nestatini bit or things like
• 11:16
  that, that's not considered good enough and therefore you are are
• 11:21
  still putter. The taz does bring hulking
• 11:23
  brings the Rambam that says on the side you're still Kayev,
• 11:26
  meaning she's like the nest is here and she's like touching the
• 11:29
  nest on the sides. Like is that still Shia to the
• 11:31
  egg? She's not touching the egg or
• 11:32
  inside or inside the nest. She's like some type of
• 11:36
  affiliation to around the nest. Are you hired or not?
• 11:38
  So that is a Mcclechus between the tour and the Rambam and
• 11:42
  Lamaisa. The chaconer went to be Mako.
• 11:45
  OK, He was. He says that you're putter.
• 11:49
  I tell you, Sheba's Baina Bates him or Baina for let's see if
• 11:52
  she was in between eggs. She's not on the eggs.
• 11:54
  She's in between the eggs and a big, big fat and a big, big nest
• 11:58
  and she's in between them. A feeling.
• 11:59
  No GABA. And so then she's Potter.
• 12:02
  Then you're actually Potter. That's a because over here she's
• 12:06
  actually in the nest. But as long as you're not
• 12:08
  touching, you're not you're not kind of like it brings in the
• 12:11
  tie of the shock and Tezayan shock Tezayan, the Olibaitz in.
• 12:16
  Therefore, you can see the aims out.
• 12:18
  You have to be on. Even if you're you don't have to
• 12:20
  be rovetta. So you don't have to be your
• 12:21
  chevis. As long as you're hovering,
• 12:23
  touching is good. But if you're completely on the
• 12:25
  side, that's not sufficient because in the end of the day,
• 12:29
  you're not sitting on top of him and therefore you're putter from
• 12:32
  the Mets, even though she's mom is sitting and that's the kite.
• 12:34
  She's mom is close, but in the end of the day, she has no
• 12:36
  shyness right now to the eggs or the chicks.
• 12:40
  She has to be vertically above the chicks or egg and touching
• 12:43
  the nest, correct. I I would even say and Alexson
• 12:46
  also is OK. Yeah, I wouldn't believe even if
• 12:48
  she's like on the side and touching also that would be OK
• 12:51
  outside on the side directly. Like I don't know if you need a
• 12:54
  protractor. I don't know.
• 12:56
  I say you're Chevez lassie. If I say you're Chevez al Shenay
• 12:59
  Anfeya Elon. This is what I mentioned before.
• 13:01
  She's sitting on 2 branches of the, of the tree again, Tartare
• 13:05
  and the Kenneth Dapka is underneath her.
• 13:07
  Yeah, the nest is underneath her.
• 13:08
  She's resting on the branches. So is she on the nest or is she
• 13:12
  not on the nest because she's really on the branches.
• 13:14
  So over here you do the trick that we said by Shwonna Astra to
• 13:17
  know if you're standing or sitting.
• 13:18
  Royen calls you eluta shamed Venophilis, a lamb Kaivima
• 13:21
  Potter. If I quickly pull the branches
• 13:23
  underneath her, is she going to plop on her eggs, probably smash
• 13:26
  them to smithereens. But if she if you pull the pull
• 13:29
  the branches underneath her, is that going to work or not?
• 13:31
  So that depends. And that makes it considered
• 13:33
  your Chavez, right. Mama's like I told you, if you
• 13:35
  pull the tender and implying that's called sitting.
• 13:38
  So I'll say if I pull the branches and she falls, that's
• 13:40
  called sitting. And she's considered underneath
• 13:44
  the under on top of the things. Good.
• 13:48
  Even if she's not touching. Yeah, Yeah, basically not.
• 13:51
  But she's on top and then top we considered your Chavez by the
• 13:54
  fact that she's still over there.
• 13:57
  Very good. OK, I waited till the end of the
• 13:59
  Simon because I want to speak about one last subject.
• 14:01
  Unless we're going to finish basically.
• 14:03
  And that, of course, is the ever popular question of the bracha.
• 14:05
  The chauffeur article around Bum, do not bring a bracha
• 14:08
  anywhere on this mitzvah, OK, Bracha has not mentioned
• 14:12
  anywhere over here. And that's why I waited till the
• 14:14
  end of the Simon. Like I told you this, I'm going
• 14:16
  to wait till the end because we see.
• 14:17
  That's unusual. That's the state Hemet and
• 14:19
  others on a dike. It must be from the fact that no
• 14:22
  one brings a bracha that there is no bracha.
• 14:24
  Who says that there's a bracha? It can't be that there's a
• 14:27
  bracha. And the obvious question is, why
• 14:28
  not? This is Mamash, a classic Mitra
• 14:31
  Mitra sassi. Go ahead and do a bracha.
• 14:33
  Why should you not have to do the bracha?
• 14:36
  The the Pisgre Cuba in bays over here entertains the question.
• 14:41
  He quotes the Barihetev and I'm just going to quote a bunch of
• 14:44
  farm that discusses so I'm Amish.
• 14:47
  Everybody discusses this question.
• 14:49
  The main two places where people throw a big hissy fit about
• 14:52
  Brahas a lot that really, really should be is here.
• 14:55
  And in the end of Simon Tuff Tuff Zaying.
• 14:58
  Where is that? That's the midst of Maka putting
• 15:00
  a fence around your your peset or your roof.
• 15:05
  You have to put a fence around it over there also would make a
• 15:07
  tremendous amount of sense that you should make a bracha on the
• 15:10
  market when you go ahead and you make a fence around it's a
• 15:13
  mitzvos. I say it's a Hugh Gomer and we
• 15:16
  still see that you do not should I make a bracha questionable if
• 15:19
  you do make a bracha or not. OK, and that's a question, why
• 15:24
  not? Now, before I start, I want to
• 15:27
  mention that this should go back to what the first year we
• 15:29
  mentioned depends on. And if you remember, we said
• 15:33
  there are two ways of an essential, OK, or it's a mitzvah
• 15:37
  khiyuvis, meaning when I bump into this kovacillari, get rid
• 15:40
  of it, you have to do it. Don't you dare pass by.
• 15:43
  Just like there's a myth of a shavasavedo, you see it, go
• 15:45
  ahead and pick it up. You're obligated.
• 15:47
  So to hear you see a nest, you have to go ahead and send away
• 15:51
  the bird. Remember that's what we said
• 15:52
  from the khavacillar. It's a mitzvah khiyuvis, a
• 15:55
  mitzas. If that'll be true, very strong
• 15:57
  question. It makes a sense that one should
• 15:59
  be obligated to make a bracha. It makes sense.
• 16:02
  I want you many obligates to make a brocha.
• 16:03
  But if you learn like the second way that it's a mitzvahs for
• 16:06
  sure, Caballo, I want eggs, I'm hungry.
• 16:09
  I want to eat the chicks. So go ahead and send away the
• 16:12
  bird. OK, so it's just a means to an
• 16:14
  end. I have to send away the bird in
• 16:15
  order to eat the chicks. Well, why should there be a
• 16:17
  brocha here? It's like a hey condensed to get
• 16:19
  somewhere. In order for me to get to the
• 16:20
  chicks, the only way is I have to send away the bird first or
• 16:23
  else I'm over on isser. So if that would be the
• 16:26
  understanding in the in this didn't so then there might be
• 16:29
  room to say that there is no bracha.
• 16:32
  And the truth is where Beno Bakaya and partial key say say
• 16:35
  last weeks partial. I know already after the partial
• 16:37
  it's not. You could still look it up on
• 16:39
  that on over there on that part. He says this drawing before
• 16:42
  Russian. He says that pederaklal this
• 16:45
  remaining behind last week's partial Yeah, coming more
• 16:47
  mitakan to make a Brock on a mitzvahs.
• 16:49
  But over here in Chilo, again, there's no mitzvah.
• 16:51
  Lafisha ain't I'm meaning word for word.
• 16:54
  Lafisha ain't a mitzvah. Mikhuyevis kumochar mitzvahs.
• 16:57
  It's not a mitzvah, which is obligatory like any other
• 17:00
  mitzvah. The ain't no high of la Hazard
• 17:01
  crane. I don't have to look for it.
• 17:03
  Kia carre. It's pimicra.
• 17:04
  If I bump into it, then I'm allowed to do it if I want, if I
• 17:07
  don't want. And therefore, he says that's
• 17:09
  the reason why there's no din of Shiloh Hakan.
• 17:12
  I mean, Erin Magilla says the same thing in Kafala Shiloh
• 17:15
  Hakan and Makan, he says it's it means diamond.
• 17:18
  You're not obligated. If it comes up, you're allowed
• 17:20
  to do it. If you don't want to do it, you
• 17:21
  don't do it. And therefore, they say that's
• 17:23
  the reason why over here we don't make a bracha.
• 17:27
  OK. That is the second direction.
• 17:30
  So far so good. Yeah.
• 17:31
  So this is our question. Do you make a bracha because
• 17:33
  it's a positive missus assay? Or maybe you should not make a
• 17:36
  bracha because there's no Kiev intrinsically to to do it,
• 17:40
  because there's no Kiev intrinsically to do it.
• 17:43
  So let me just go and bring you both sides and we'll bring up
• 17:45
  the Muskana, basically the safer imacanin.
• 17:47
  That's the Haflow, the Rebbe of the custom sofer in Kedushan.
• 17:51
  He brings clearly that one does is not hive to be with kindness
• 17:57
  mitzvah, just like by shrita and Trumasa misers 1 is not
• 18:01
  obligated and still we see that a person makes a bracha.
• 18:04
  Shrita you're not obligated to shakes an animal.
• 18:07
  Trumasa misers. I don't have to be my first
• 18:09
  Trumasa misers and still with both of them we see there's a
• 18:12
  bracha. So even with this side that we
• 18:14
  say that it's not an obligation, but why should I not make a
• 18:17
  bracha? Things that I need to do now,
• 18:20
  right? I still make a bracha, says the
• 18:22
  market. He passes Aloka, yes, you should
• 18:24
  make a bracha. He says Aloka, that one should
• 18:26
  definitely be making a bracha before you before you go ahead
• 18:29
  and send away the the mother bird.
• 18:32
  Why? Because once you do the mitzvah,
• 18:34
  you're being Makai in a mitzvah. When you're doing it, being
• 18:37
  Makai, you're not obligated, but when you do it, you don't
• 18:39
  similar to women, women are not obligated to do MIT sensations
• 18:43
  along, but when they do it, they're doing a mitzvah.
• 18:45
  If they make a bracha or not. It depends who I talk to in this
• 18:47
  room. But basically that's that's the
• 18:49
  rule, right? You still do it.
• 18:50
  Then if you make a bracha, you make a bracha on it.
• 18:52
  Right now I'm going to give the reasons why yes, and then we'll
• 18:54
  give all the reasons why not. So that's the safer Amaka, the
• 18:57
  Haflah, the one who's shy Kaibakai about this, and I know
• 19:01
  he's a big mand armor in this year is the Oracle Chauhan.
• 19:03
  The Oracle Chauhan over here in race Saudi bays, but he's more
• 19:06
  exclusive. It's a very important Oracle to
• 19:08
  see. It's the last one in Olive
• 19:09
  Oracle Chauhan in Tufkov Zein, which is, by the way, the Simon
• 19:14
  good idea to know Tufkov Zein. The holocus of Mark is Tufkov
• 19:17
  Zein. That's the only Simon in
• 19:19
  Chaukhonark, which is in Chaukhonark and it's not on the
• 19:21
  tour. OK, there's no tour everything.
• 19:23
  The Chaukhonark parallel to the tour.
• 19:25
  Tour never wrote a Simon. He stops a Tufkov valve.
• 19:28
  The Sohonark added the same in tough club Zion and that was why
• 19:31
  he speaks about sakanas, certain sakanas, and one of them is
• 19:33
  market. Most of it over there is about
• 19:35
  market that you have to put up a thing, a fence around your
• 19:38
  mepesit. And I think there's a big
• 19:40
  question, You know, here, especially in there is this road
• 19:41
  when you have you know, you buy a deer and you see someone, you
• 19:44
  see these Arabs going ahead and putting on the fence.
• 19:46
  Anything you say, Hey, let me do, let me do a little bit, let
• 19:48
  me do a little bit. I don't suggest it because
• 19:49
  probably something to fall over if you do it right.
• 19:51
  I don't suggest you doing it, but usually know if you can get
• 19:54
  some part of putting helping out on the fence or you send and I'm
• 19:57
  being sending you to go ahead and do it.
• 19:59
  So then there's a certain mileage of the midst of America.
• 20:02
  I'm not going to missus mica right now, but I just want the
• 20:04
  idea of the bracha on the mica is brought over there.
• 20:07
  And he says clearly, I don't know what everyone's talking
• 20:09
  about 100%. He says I make a bracha.
• 20:11
  You should make a bracha. He's like strike, which is not
• 20:14
  typical. He's very intermined and we know
• 20:16
  the meaning is not to make a bracha, but he says there's no
• 20:19
  reason and he pushes away every reason, which I'm going to
• 20:22
  mention right now why we would say not to, why we would say not
• 20:26
  to make a bracha. And therefore he says 1 should
• 20:29
  definitely make a bracha. So someone who makes a bracha.
• 20:32
  Yeah, Charbeam at least. Like I'm not saying there's not
• 20:34
  what to be Saima Khan. OK Ashoka Kenny says, yeah,
• 20:39
  both, both of them. Yeah.
• 20:40
  Yeah. These others are looking.
• 20:42
  I'd read it to you in sci-fi time.
• 20:44
  OK, Anyways, now let me show you a steer a little bit in the
• 20:47
  Rashba, which the Ortho Chauhan himself addresses.
• 20:50
  OK, The the Rashba says also in one place, he doesn't quote this
• 20:54
  Rashba Ortho Chauhan that he he quotes the he quotes the famous
• 21:01
  rival that one of the tubas of the rival is we're familiar with
• 21:04
  about when you make a bracha and when you don't want to.
• 21:06
  There's a lot of people looking when you make a bracha.
• 21:08
  One of them is when it's totally badass.
• 21:09
  Saharim or not what you were mentioning before, if it's
• 21:12
  dependent on someone else or not.
• 21:14
  So if I give stucco or keep it up M that's why we don't make a
• 21:17
  bracha because it's dependent on someone else's interest.
• 21:20
  I might make a bracha bracha and then the guy, the guy who wants
• 21:23
  stucco stom runaway. No, no, no, no, no right.
• 21:26
  You make yourself a bottle of gun here.
• 21:28
  So that's a reason why why we don't make a bracha on on stuck
• 21:33
  learning. So he says so the rash over
• 21:35
  there says therefore over here by Shiluka Ken Shiluka can you
• 21:40
  can make a bracha on Shiluka can because I make a bra and I send
• 21:43
  away the burden who says it's telling someone else's opinion.
• 21:46
  I can go ahead and and send them away.
• 21:49
  OK, now, yes, the Binion Seon, that's the orcliner.
• 21:52
  I'm trying to be very methodical here.
• 21:54
  If anyone confused them that's organized her the Binion Seon,
• 21:57
  that's the famous Chuba safer of the orcliner from 150 years ago.
• 22:00
  Beautiful, beautiful, safer over there.
• 22:02
  He brings to this idea also and he says similar to what you were
• 22:05
  saying. What are you talking about?
• 22:06
  I might make a bra. She look again and the mother
• 22:10
  will take off and I didn't do anything.
• 22:11
  You know, she'll get scared for my brother.
• 22:12
  I don't know what happened. She decides to take off before I
• 22:15
  get to do the the mitzvah properly.
• 22:16
  We mentioned before if I get the stick and I don't manage or she
• 22:19
  runs away before I even get next to her.
• 22:21
  So I might not end up doing it properly.
• 22:23
  So he says that's the reason why we don't make a bracha.
• 22:25
  He says because she might actually run away and it is
• 22:28
  dependent on other people. The Rashpa didn't say that.
• 22:31
  The Rashpa said I don't care. It sounds like if I make a
• 22:33
  bracha and she look again, it's up to me to go ahead and send
• 22:37
  the mother bird away and therefore you are still allowed
• 22:40
  to make a bracha. The problem is there's another
• 22:43
  Chuva Saraswa and this is a famous Chuva Saraswa.
• 22:44
  Everyone should see it. I think every Jew should know
• 22:45
  this Chuva Saraswa. It's the first in Khayla Kalaf,
• 22:48
  Siminucas High, living high, everyone has to see this Chuva.
• 22:52
  He goes through 100 different cases of things which have
• 22:55
  brachas and donut brachas and why they don't have brachas.
• 22:56
  Immediately indifferent Chilu came over there and one of them
• 22:59
  is he brings Chiluaka Ken and you know where he brings under
• 23:03
  category, he says oh, why don't we do a bracha on Chiluaka Ken
• 23:06
  which already see contradiction. It's contradiction, he says.
• 23:09
  We don't do Shiloh hakan because if you make a bracha on Chavez
• 23:12
  axela, if you stole something and now you're returning it, or
• 23:15
  you return ribis, you took ribis and now you're returning it.
• 23:18
  So there's a mitzvah to return the gezo.
• 23:20
  You stole something as a mitzvah.
• 23:21
  You make a brachan and shimpaninoffen.
• 23:23
  It's a mitzvah, Barbara, I know you're getting a mitzvah, but it
• 23:26
  came through an Avera. So he says what we mentioned
• 23:29
  last year, that this is called an avera.
• 23:31
  I pick up the mother, I'm over an Avera, and then I send her
• 23:34
  away. So since I'm over an Avera,
• 23:36
  that's a problem. How in heaven's name can you go
• 23:38
  out and make a Brock on something that yes, after you
• 23:40
  send her away, you corrected the Avera, but to go ahead and say
• 23:44
  that you can make a Brock on it says the Rashford.
• 23:47
  No way. So Oracle Chauhan says, are you
• 23:49
  telling me this whole mitzvah is 1 big avera?
• 23:50
  Like I'll just stay away from it, Forget it.
• 23:53
  No Shilu Hakan no more. Leave me alone.
• 23:55
  You tell me every time I do this, Miss is is in Avera.
• 23:57
  So the answer is no. It depends on how you do it.
• 24:00
  If I pick up the mother and this we spoke at last time.
• 24:02
  If you pick up the mother and send her away.
• 24:04
  So you picked her up and you didn't Avera, So that's a
• 24:06
  problem. But if you go ahead and shoe her
• 24:09
  away with a stick or if I pick her away, I'll dot can to throw
• 24:13
  her away. My whole intention was just to
• 24:14
  pick her up so I can get the eggs and I'm not doing it
• 24:16
  because I want to take ownership of the mother.
• 24:19
  So that's not an Avera. That's OK.
• 24:21
  And you can, yes, can make a bracha again.
• 24:24
  That's the time of the bracha over here and it's imminent
• 24:27
  tough cough Zion in both places. That that's why this tie is not
• 24:31
  a tie. And that also resolves the rash
• 24:32
  bulb because in one place the rash was talking about when you
• 24:34
  did a bit is or in one place the rash was talking about when you
• 24:36
  did a bad. So it should not be it should
• 24:39
  not be a problem. Uncle Pudding.
• 24:41
  Those are a couple reasons why some people say you should not
• 24:44
  do it. So, so far, what's the reason?
• 24:46
  Like I said, some people say you should the Oracle Shogun and the
• 24:49
  makinet, but most people say you don't.
• 24:50
  First, the Rashba says mitzvah Barbera Vera with the answer
• 24:53
  that we gave be the Rebekah, because it's not a mitzvah
• 24:57
  obligatory, just when you need you do it.
• 24:59
  And see, What we mentioned is the fact that it's Tully, but
• 25:01
  that's a harium. Some people hold.
• 25:03
  It's Tully on another egg on another, on the mother's
• 25:05
  decision whether she wants to take off or not, and therefore
• 25:08
  it's not good enough to. We're not willing to do that.
• 25:12
  The Pisce Chuva, which I just quoted, gives another reason and
• 25:16
  he says the reason why is because who knows, Maybe the
• 25:19
  eggs underneath them are not fertilized eggs.
• 25:21
  Maybe they're saffroner mayara, maybe they're eggs that just
• 25:23
  came about and they're not really there that are her eggs
• 25:26
  or something like that. You never know the situation.
• 25:28
  Maybe they're Trefas, maybe she's got issues with her, who
• 25:31
  knows? There's a lot of who knows what.
• 25:34
  Maybe the Zachary also says that maybe the animal and the bird on
• 25:37
  top is a Zachar. Who knows?
• 25:39
  You never know these things don't make a broccoli.
• 25:41
  You have to refrain from that. It says Oracle shuffen.
• 25:43
  OK, so for now on, I'm not going to put on my make a broccoli
• 25:46
  filling everywhere. I'm going to be filling.
• 25:48
  Who knows? Maybe it's puzzle.
• 25:49
  I don't know. Maybe there's a letter that's
• 25:50
  missing. I haven't checked it in 15
• 25:52
  years. I know who knows?
• 25:54
  The answer is says Oracle shuffen.
• 25:55
  Classically that we have. Certainly.
• 25:58
  I knew yesterday it was kosher, the day before was kosher, the
• 26:00
  day before is kosher. So he says, look, classically a
• 26:03
  woman bird sits on her chicks that are usually there.
• 26:08
  She doesn't sit on softening or eggs necessarily.
• 26:11
  And that's the way usually is. That's the lesson of the and
• 26:16
  therefore he says also here I'm not interested in he pushes
• 26:19
  away. Like I said, these are about
• 26:21
  four or five Titans that they all bring to do it.
• 26:24
  One last tie note with this, I'm going to come to finish is to
• 26:26
  say for our pardis or cosine nor more.
• 26:29
  They say a tie note that there's a lav.
• 26:31
  Also, we said in the beginning, these are two Mitsus in the
• 26:34
  there's a Mitsus assay Shalaf and there's like teacup at the
• 26:38
  aim. There's a lav.
• 26:38
  There's a light to say he says there's a light to say.
• 26:41
  We don't make brachas on light that says you don't make a
• 26:43
  Brooklyn Chavez on keeping Chavez.
• 26:45
  You don't make brachas on things that are negative commandments.
• 26:48
  So he says that these farm the Orcaschi and the state of our
• 26:52
  partners. They say no, no, it's a negative
• 26:54
  commandment. I'm not interested in you making
• 26:56
  a bracha on a negative commandment.
• 26:58
  So also here, what's the title? Since when?
• 27:00
  But there's an assay also, I understand, but there's an
• 27:02
  assay. There are many things which have
• 27:04
  a light to say and an assay on it.
• 27:06
  And when you have both, you're still allowed to go ahead and
• 27:09
  make a bracha on it. Who says that it can't make a
• 27:11
  bracha on the on the assay part. So make the bracha, don't make
• 27:15
  it on, you know, to ask or something.
• 27:18
  Don't use the lotion ISR, use the lotion pasta, make a
• 27:26
  positive mitzvah and you can do it.
• 27:28
  There's one question that they bring this up by Kedushan,
• 27:30
  whether I have to stop. OK, by Kedushan, they ask
• 27:32
  because you say people under the Suez that's really bracha on an
• 27:38
  iser so that they they ask that question.
• 27:40
  By the way, that sounds like a bracha love.
• 27:42
  Okay, everybody overtime. So just finisher the Halaka is
• 27:45
  Lamisa with a bracha that the minute is we don't say a bracha,
• 27:49
  even though someone who does yes, all Melissa, you don't have
• 27:51
  to scream at him and throw them at the sure, you don't have to
• 27:53
  put him in care, but the reason is for two reasons.
• 27:56
  A like we told you that first of all, the Shokanak doesn't bring
• 27:59
  this anywhere, which hints to us in the round bomb should have
• 28:01
  said something about that. That's A and B classic Suffolk
• 28:05
  Bronchosiaco. As we all know, we usually say
• 28:07
  Suffolk bronchosaco and that's what most of the boys team say
• 28:09
  and there's a number of mice in with arguerdilli in the stapler
• 28:12
  of Scheinberg. And if you're Shivan Shaka and
• 28:15
  Rosalman, all of them did Chiluka can and someone who went
• 28:18
  and reported all of them. No one ever did a Bronco.
• 28:20
  What you could do is you could make a Brock without Shamo
• 28:23
  Malkus. You could make a Brock and say
• 28:24
  Brokata. You know, you say Diana met.
• 28:26
  You could say Brokata shall after you know the exact music
• 28:29
  by the way they bring the exact music.
• 28:31
  They say you could say I'll see smoke like this all she look
• 28:35
  like you can go ahead and say the Nusuk without shamel Malkus
• 28:39
  in order to avoid the problem. Once with Shakiano when you do a
• 28:42
  mitzvah for the first time, and this is a classic one that you
• 28:44
  should do a Shakiano on it. This is a question that they
• 28:47
  asked the first time a bar mitzvah boy puts on filling or
• 28:50
  women lights and Lucas Narus or you do a Lucas Narus if you make
• 28:53
  a Shakiano. Well, if it's something that
• 28:55
  doesn't come in Zaman Luzman, usually we don't do it.
• 28:57
  That's why the bar mitzvah boy doesn't do it.
• 28:59
  And that's why a woman in the beginning, we usually say get a
• 29:02
  fruit, get some, you know, get some strawberry in front of you
• 29:06
  over there and make a bracha of Shakiano on a first fruit.
• 29:09
  Also over here before you do, shall have to show it's a nice
• 29:11
  thing to make a shano, but you don't make it because that's
• 29:14
  something that comes to me. Zaman.
• 29:15
  With Zaman, it just pops up one time.
• 29:17
  You found it. Yay, you're happy to do it, but
• 29:19
  it doesn't mean they're able to do it Out country, local Canada.