To send away the mother [bird] if he takes it upon the young: To send away the mother from the nest before he takes the young, as it is stated (Deuteronomy 22:7), “you shall surely send away the mother and the young you shall take for you.”
It is from the roots of this commandment [that it is] to put into our hearts that the providence of God, may He be blessed, is upon all of His creatures — with the human species individually, as it is written (Job 34:21), “For His eyes are upon a man’s ways, etc.”; and upon the other species of animals generally, meaning to say that His desire, may He be blessed, is towards the existence of the [particular] species. And therefore, no species will ever become extinct from all of the species of creatures, as it is due to the providence of the Living and Existing forever, may He be blessed, that their existence is found. And when a man places his mind to this, he understands the ways of God and he will see that the continuous preservation of the species in the world — that not one of all of them became extinct and lost from the day they were created, “from the lice’s eggs to the antelope’s horns” — is all from His statement and His will about this. And so too, will a man know that when he observes the commandments of his Creator and straightens all of his ways and be of clean hands and a pure heart, that the providence of God will be upon him and preserve his body for much time in this world, and his soul forever in the world to come. And like this did they, may their memory be blessed, say (Sotah 8a) [that] it is [payment] measure for measure; since when this person places his mind to that which existence and good are resultant of God’s providence over things — and not from another cause — he too merits that God should turn to him for the good and make him exist. And about the reward for the existence and the ability [given] since he believed in the Creator about this matter, they, may their memory be blessed, said in the Midrash (Devarim Rabbah 80:5 on Ki Tetseh) that a person merits children as a reward for this commandment, which is to say that his existence will continue — as children are the existence of a person and his remembrance. And they extrapolated this apparently from its stating, “you shall surely send away the mother and the young (banim) you shall take for you,” meaning to say, “children (banim) take for yourself.” As it could have stated, “you shall surely send away the mother” [only] and not [also] “and the young you shall take for you.” And about this root, they, may their memory be blessed, said (Berakhot 33b) that we silence one who says in his prayer, “Have mercy upon us, as You are the Merciful One, since Your mercies extend to the bird’s nest.” As the matter is not [one of] mercy, but rather it is in order to bring us merit in the way I have mentioned. And they said about this reason in the Gemara there, “It is because he makes the attributes of God into mercy, and they are [actually] only decrees.” And the matter is not to say that the Holy One, blessed be He, does not have mercy, God forbid — as behold, He is called the Merciful One; and they, may their memory be blessed, said (Shabbat 133b) [that] just like the Holy One, blessed be He, is merciful, you too have mercy.” Rather, their intention is to say that there is no trait of mercy in Him, God forbid — like with people, [such] that the mercy in them is forced by their nature that the Creator, blessed be He, placed in them. But mercy for Him is from His simple desire — that His wisdom loves to have mercy, because it is a good trait, and all good traits are found with Him. And they said [that] in His commanding us about this, it was not by force of the trait of mercy that He commanded us in the thing; as behold, He permitted their slaughter, since all the species are created for the needs of man. But [rather] the command about this and about “it and its son,” which is like it, and many other commandments are only like a decree in front of Him, since He decreed about it with His simple desire. And if He had wanted the opposite of this, nothing would force Him [to do otherwise] and no cause would prevent Him, God forbid. [This is,] as opposed to us, who are built with the power of [our] natures, [such] that the trait of mercy impedes us from destroying, or sometimes forces us to do good. This is the matter of their saying [that] they are only decrees, and it is from the root of the thing of that which we mentioned.
And Rambam, may his memory be blessed, wrote in explanation of this commandment (Guide for the Perplexed 3:48, and some have the textual variant, Ramban in his commentary to the Torah here) and of “him and his child,” [that] it is because animals — like people — have great distress in seeing the pain of their children. As the love of the mother for the child is not a matter that follows the intellect, but rather it is from the effects of the power of thinking that is found in animals, [just] as it is found in people. And Rambam, may his memory be blessed, wrote about this matter, “Do not answer me with words from the statement of the Sages [in] which they say, ‘To the bird’s nest, etc.’ since this is the reasoning of the one to whom it appears that there is no explanation for the commandments, except for them being the will of the Creator. But we maintain the second reasoning, which is that there is an explanation for all of the commandments.” And [Ramban] challenged him from that which is found in Bereishit Rabbah 44a, “And for what would the Holy One, blessed be He, care if an animal is slaughtered from the [front of the] neck or from the back? Behold, the commandments were only given to refine the creatures with them, as it states (Proverbs 30:5), ‘Every word of God is refined.’”
And Ramban, may his memory be blessed, answered the challenges and clarified the matter clearly, completely and nicely. And this is his language that he wrote in his commentary of the Torah: That matter which Rambam, may his memory be blessed, wrote that the commandments have explanations is something very elucidated, as in each one there is an explanation and a benefit and a refinement for a person, besides the reward for them from the Commander, may He be blessed. And they, may their memory be blessed, have already said (Sanhedrin 21b), “For why did He not reveal the explanation of the commandments, etc.?” And they, may their memory be blessed, expounded (Pesachim 119a), “‘And to the clothed elegantly’ (which can also be read as, ‘and to the one that covers the ancient’) (Isaiah 23:18) — this is [referring] to the one who covers that which the Ancient of Days (God) covered. And what are they? The explanations of the Torah.” And they have already expounded about the red heifer (Bamidbar Rabbah 19:6) that Shlomo said, “I have discerned everything, but the section of the red heifer; I have investigated and asked and searched — ‘I said that I could fathom it, but is far from me’ (Ecclesiastes 7:23).” And Rabbi Yossi Bar Chaninah said, “The Holy One, blessed be He, said to Moshe, ‘Go and I will reveal to you the explanation of the heifer, but to another, it will be a statute (that is not understood),’ as it is written (Zechariah 14:6), ‘In that day, there shall be neither sunlight nor cold moonlight’ — things that are covered from you in this world, in the future you will gaze upon them in the world to come; like that blind man that becomes able to gaze, as it is written (Isaiah 42:16), ‘I will lead the blind by a road they did not know.’ And it is written (later in the same verse), ‘I have done these words and I have not left them’ — as I have already done them for Rabbi Akiva,” meaning to say that Rabbi Akiva already knew them in this world.
Behold, they explained that the deterrent to our [understanding of] the explanations of the commandments is only from the blindness of our intellects; and that the explanation of the most difficult one of them was already revealed to the sages of Israel. And there are many such statements in their words — and in the Torah and in Scripture, very many. And Rambam, may his memory be blessed, mentioned some of them. But [as far as] those homiletic teachings (aggadot) with which the Teacher was challenged, according to [Ramban’s] opinion, they are about a different matter: that they wanted to say that there is no benefit in the commandments to the Holy One, blessed be He, Himself, may He be blessed. Rather, the benefit is for the person, himself, to deter him from harm or a bad belief or an ugly trait or to remember wonders of the Creator, may He be blessed, [so as] to remember God. And this is [what was meant by] “to refine them with them” — that they should be like refined silver. As the action of the one who refines silver is not without explanation, but [rather] to remove all the dross. So too are the commandments to remove from him any bad belief and to inform him of the truth and to always remind him. And the language of the aggadah itself in Yilamdenu in the section, “This is the animal” (Midrash Tanchuma, Shemini 8) is “And for what would the Holy One, blessed be He, care if one slaughters a beast and eats or stabs [it] and eats? Does it help Him or hurt Him at all? Or what would He care whether one would eat pure foods or eat carcasses? ‘And if you have been wise, you have been wise for yourself.’ Behold, the commandments were only given to refine the creatures with them, as it states (Psalms 12:7), ‘The words of the Lord are pure words’; ‘The word of the Lord is refined’ (Psalms 18:31). Why? So that it will be a shield for you.”
Behold, it is shown by this that they are coming to say that there is no benefit to Him, may He be blessed, in the commandments — by way of illustration, that He would need the light that He commanded to light the candelabra (the menorah in the Temple) or that He would need the food of the sacrifices and the smell of the incense, as it would appear from their simple understandings. And even [regarding] the memory of His wonders that He commanded that we do [various acts] in commemoration of the exodus from Egypt and the creation story, the benefit is only that we know the truth and merit from it, such that we be fitting that they be a shield for us. As our honoring [Him] and saying over His praises are considered as nothing and void for Him. And he brought a proof from “the one who slaughters from the [front of the] neck and from the back,” to say that all of them are for us and not for the Holy One, blessed be He. As it is not likely to say about slaughter that there be a benefit and honor to the Creator, may He be blessed, from the neck more than from the back or from stabbing. But rather they are for us; to guide us in the paths of mercy even at the time of slaughter. And he brought another proof — “or what would He care whether one would eat pure foods” — and these are permitted foods — “or eat impure foods” — and these are forbidden foods, about which the Torah stated (Leviticus 11:26), “they are impure to you”: They are only for you to be of clean souls, wise and understanding of the truth. And they said, “And if you have been wise, you have been wise for yourself.” They mentioned [the two examples], since the active commandments such as the slaughter [from] the neck are to teach us good traits; and the commandments and decrees regarding the species [that are permitted] are to purify our souls, as the Torah stated (Leviticus 20:25), “and do not make your souls disgusting with the beast and the fowl and with all that crawls on the earth, which I have separated for you to be impure.” If so, they are all for our benefit only. And it is as Elihu said (Job 35:6), “If you sin, what do you do to Him? If your transgressions are many, how do you affect Him?”; and (Job 35:7), “What does He receive from your hand?” And this matter is agreed to in all the words of our Rabbis.
And they asked in Yerushalmi Nedarim 9:1 if we can open [an avenue of regret for a vow] with the honor of the Omnipresent in matters that are between him and the Omnipresent. And they answered this question [as follows], “What is the honor of the Omnipresent [that is offended]? For example, a sukkah that [a man] does not make, a lulav that he does not hold, tefillin that he does not don? And that is [what is] understood by the honor of the Omnipresent? It is for [the person] himself that it helps, like that (Job 35:7), ‘If you are righteous, what do you give Him; what does He receive from your hand?’ [and] (Job 35:6) ‘If you sin, what do you do to Him? If your transgressions are many, how do you affect Him?’”
Behold, they elucidated that even the lulav and the sukkah and tefillin — that He commanded that they be “a sign upon your arm and a commemoration between your eyes [...] that the Lord took you out of Egypt with a strong hand” (Exodus 13:9) — are not for the honor of God, may He be blessed, but [rather] to have mercy on our souls. And they already set this into the prayer of Yom Kippur, “You have separated man from the start and recognized him to stand in front of You, as who will say to You what to do, and if he is righteous, what will he give to You?” And so [too], it stated in the Torah (Deuteronomy 10:13), “for your good”; and so [too] (Deuteronomy 6:24), “And He commanded us to do all of these statutes [...], for our good all of the days.” And the intention in all of them is that it be good for us and not for Him, may He blessed and elevated. But all that we are commanded is [so that] our souls be refined and purified without the dross of evil thoughts and disgusting character traits. And so that which they said (Berakhot 33a), “[It is because] he makes the traits of the Holy One, blessed be He into mercy and they are only decrees,” is to say that God did not worry about the nest of the bird and His “mercy did not reach” it and its child; as His mercy does not extend to creatures with an animal soul, to prevent us from doing what we need to them. As were it so, slaughtering would be forbidden. But [rather], the reason for the proscription is to teach us the trait of mercy and that we not become cruel. Since cruelty spreads in the soul of a man, as it is known with butchers that slaughter large oxen and donkeys, that they are “people of blood,” “slaughterers of men” [and] very cruel. And because of this they said (Kiddushin 82a), “The best of butchers are the partners of Amalek.” And behold, these commandments with animals and birds are not mercy upon them, but [rather] decrees upon us, to guide us and to teach us the good character traits. To here are the interpretations of Ramban, may his memory be blessed.
Behold, my son, I have written to you at length about this to have testify about all of the roots in my book, two trustworthy witnesses — two pillars of the world, great sages and wise men, of refined intellect, and recipients of the secrets of the Torah. As behold you see with your eyes that the opinion of both of them is that there is a reason for the commandments of the Torah [that] benefit people’s traits to make them more proper and to accustom them to better all of their actions through them; and that there is no benefit in their performance — God forbid — to the Creator, blessed be He. And if, however, there are from the commandments that we did not [fully] grasp their explanation due to the smallness of our intellect — because of their great depth and ultimate greatness — we should not prevent ourselves from saying about them all that we have grasped to find the benefit that there is for man in his doing them. And this is my path in all of my speech in this book — that there is a benefit for us found in the commandments; but there is not [benefit] for the One Who commands them. And if you put your heart to these words, you will find this intention in all of them. And I have toiled greatly in some of them to succeed with the poverty of my mind to see a small little [part] of the great benefit that is in them. And I have written it on each and every one, “and this is my portion from all of my toil.”
From the laws of the commandment is that which they, may their memory be blessed, said (Chullin 139b), “‘If you chance upon a bird’s nest in front of you on the path’ — just like the path which is not acquired by you; so too all, etc. From here they said, ‘Doves from the coop and doves from the attic that nested in cubicles and in edifices, and geese and chickens that nested in an orchard, [one is] obligated in sending away; but [if] they nested within the house, and also Herodian doves, [one is] exempt from sending away. [... And] Rav Yehudah ... said, ‘[If] he found a nest in the sea, [he is] obligated in sending away,’” as it is included in the expression, “on the path,” “as it states (Isaiah 43:16), ‘So said the Lord, Who makes a path in the sea.’” And (Chullin 12:3) “[If] it was flying — [... if] its wings do not touch the nest, one is exempt from sending. [... If] there were [...] damaged eggs, one is exempt from sending, as it states (Deuteronomy 22:6), ‘[...] young birds or the eggs’ — just as young birds are viable, so too [the] eggs [must be] viable [to fall under the law...]. If one sent her away and she returned, [...] — even [several] times — one is obligated [to send her away again], as it states (Deuteronomy 22:7), ‘You shall surely send.’” And the rest of the details of the commandment are elucidated in the last chapter of Chullin.
And this commandment is practiced in every place and at all times. And one who transgresses it and takes the mother when she is still on the young, violates this positive commandment, besides violating the negative commandment of “do not take the mother.” And if the mother died before he sends her away or another person sent her away, he has no remedy to fulfill the positive commandment and to remedy the negative commandment. But if he sent her away before she dies, [the violation of] its negative commandment is rectified; as this negative commandment is rectified by the positive [one], and [it is] as we have written (Sefer HaChinukh 544) about the negative commandment that comes on this, with God’s help.
לְשַׁלֵּחַ הָאֵם אִם לְקָחָהּ עַל הַבָּנִים – לְשַׁלַּח הָאֵם מִן הַקֵּן קֹדֶם שֶׁיִּקַּח הַבָּנִים, שֶׁנֶּאֱמַר (דברים כב ז) שַׁלֵּחַ תְּשַׁלַּח אֶת הָאֵם וְאֶת הַבָּנִים תִּקַּח לָךְ.
To send away the mother [bird] if he takes it upon the young: To send away the mother from the nest before he takes the young, as it is stated (Deuteronomy 22:7), “you shall surely send away the mother and the young you shall take for you.”
מִשָּׁרְשֵׁי הַמִּצְוָה. לָתֵת אֶל לִבֵּנוּ שֶׁהַשְׁגָּחַת הָאֵל בָּרוּךְ הוּא עַל בְּרִיּוֹתָיו בְּמִין הָאָדָם בִּפְרָט, כְּמוֹ שֶׁכָּתוּב (איוב לד, כא) כִּי עֵינָיו עַל כָּל דַּרְכֵי אִישׁ וְגוֹ' וּבִשְׁאָר מִינֵי בַּעֲלֵי חַיִּים בַּמִּינִים דֶּרֶךְ כְּלָל, כְּלוֹמַר שֶׁחֶפְצוֹ בָּרוּךְ הוּא בְּקִיּוּם הַמִּין, וְעַל כֵּן לֹא יִכְלֶה לְעוֹלָם מִין מִכָּל מִינֵי הַנִּבְרָאִים, כִּי בְּהַשְׁגָּחַת הַחַי וְקַיָּם לָעַד בָּרוּךְ הוּא עַל הַדָּבָר יִמָּצֵא בּוֹ הַקִּיּוּם. וּבְהַנִּיחַ הָאָדָם דַּעְתּוֹ עַל זֶה יָבִין דַּרְכֵי הַשֵּׁם, וְיִרְאֶה כִּי הַמְשָׁכַת קִיּוּם הַמִּינִין בָּעוֹלָם שֶׁלֹּא כָּלָה וְאָבַד אֶחָד מִכֻּלָּם, מִבֵּיצֵי כִּנִּים וְעַד קַרְנֵי רְאֵמִים מִיּוֹם שֶׁנִּבְרְאוּ, הַכֹּל בְּמַאֲמָרוֹ וְחֶפְצוֹ עַל זֶה. וּכְמוֹ כֵן יֵדַע הָאָדָם כִּי אֲשֶׁר יִשְׁמֹר מִצְוַת בּוֹרְאוֹ וְיַיְשִׁיר כָּל דְּרָכָיו וְהוּא נְקִי כַפַּיִם וּבַר לֵבָב, תִּהְיֶה הַשְׁגָּחַת הָאֵל עָלָיו וְיִתְקַיֵּם גּוּפוֹ זְמַן רַב בָּעוֹלָם הַזֶּה וְנַפְשׁוֹ לָעַד לָעוֹלָם הַבָּא, וּכְגוֹן זֶה אָמְרוּ זִכְרוֹנָם לִבְרָכָה (סוטה ח ב), מִדָּה כְּנֶגֶד מִדָּה, כִּי בִּהְיוֹת זֶה הָאִישׁ נוֹתֵן דַּעְתּוֹ כִּי הַקִּיּוּם וְהַטּוֹבָה בְּהַשְׁגָּחַת הָאֵל בַּדְּבָרִים וְלֹא בְּסִבָּה אַחֶרֶת, יִזְכֶּה הוּא גַּם כֵּן שֶׁיִּפְנֶה עָלָיו הָאֵל לְטוֹבָה וִיקַיֵּם אוֹתוֹ, וּבִשְׂכַר הַקִּיּוּם וְהַיְּכֹלֶת שֶׁהוּא מַאֲמִין בַּבּוֹרֵא בְּעִנְיָן זֶה אָמְרוּ זִכְרוֹנָם לִבְרָכָה בַּמִּדְרָשׁ (דברים רבה פ, כי תצא ו) שֶׁהָאָדָם זוֹכֶה לְבָנִים בִּשְׂכַר מִצְוָה זוֹ, כְּלוֹמַר שֶׁיִּמָּשֵׁךְ קִיּוּמוֹ, שֶׁהַבָּנִים הֵם קִיּוּם הָאָדָם וְזִכְרוֹ. וְדִקְדְּקוּ הַדָּבָר לְפִי הַדּוֹמֶה מֵאָמְרוֹ שַׁלֵּחַ תְּשַׁלַּח אֶת הָאֵם וְאֶת הַבָּנִים תִּקַּח לָךְ, כְּלוֹמַר בָּנִים תִּקַּח לְנַפְשְׁךָ, שֶׁהָיָה יָכוֹל לוֹמַר תְּשַׁלַּח אֶת הָאֵם וְלֹא וְאֶת הַבָּנִים תִּקַּח לָךְ. וּמִן הַשֹּׁרֶשׁ הַזֶּה אָמְרוּ זִכְרוֹנָם לִבְרָכָה (ברכות לג, ב) שֶׁהָאוֹמֵר בִּתְפִלָּתוֹ רַחֲמֵנוּ, שֶׁאַתָּה הַמְרַחֵם כִּי עַל קַן צִפּוֹר יַגִּיעוּ רַחֲמֶיךָ, שֶׁמְּשַׁתְּקִין אוֹתוֹ, שֶׁאֵין הָעִנְיָן רַחֲמִים, אֶלָּא כְּדֵי לְזַכּוֹתֵנוּ עַל הָעִנְיָן שֶׁזָּכַרְתִּי. וְאָמְרוּ בְּטַעַם זֶה בַּגְּמָרָא (שם) מִפְּנֵי שֶׁעוֹשֶׂה מִדּוֹתָיו שֶׁל הַקָּדוֹשׁ בָּרוּךְ הוּא רַחֲמִים, וְאֵינָן אֶלָּא גְּזֵרוֹת, וְאֵין הָעִנְיָן לוֹמַר שֶׁאֵין הַקָּדוֹשׁ בָּרוּךְ הוּא מְרַחֵם חָלִילָה, שֶׁהֲרֵי הוּא נִקְרָא רַחוּם, וְאָמְרוּ זִכְרוֹנָם לִבְרָכָה (שבת קלג, ב) מָה הַקָּדוֹשׁ בָּרוּךְ הוּא רַחוּם אַף אַתָּה הֱיֵה מְרַחֵם, אֲבָל כַּוָּנָתָם לוֹמַר, שֶׁאֵין מִדַּת הָרַחְמָנוּת בּוֹ חָלִילָה כְּמוֹ בִּבְנֵי אָדָם שֶׁהָרַחְמָנוּת בָּהֶם מֻכְרָח בְּטִבְעָם שֶׁשָּׂם בָּהֶם הַבּוֹרֵא בָּרוּךְ הוּא, אֲבָל הָרַחְמָנוּת אֵלָיו, מֵחֶפְצוֹ הַפָּשׁוּט שֶׁחִיְּבָה חָכְמָתוֹ לְרַחֵם מִפְּנֵי שֶׁהִיא מִדָּה טוֹבָה, וְכָל הַטּוֹבוֹת נִמְצָאוֹת מֵאִתּוֹ, וְאָמְרוּ כִּי בְּצַוּוֹתוֹ אוֹתָנוּ עַל זֶה לֹא מִצַּד הֶכְרֵחַ מִדַּת הָרַחְמָנוּת צִוָּנוּ בַּדָּבָר, שֶׁהֲרֵי הִתִּיר לָנוּ הַשְּׁחִיטָה בָּהֶן, כִּי כָּל הַמִּינִין לְצֹרֶךְ הָאָדָם הֵן נִבְרָאִין, אֲבָל הַצַּוָּאָה עַל זֶה וּבְאוֹתוֹ וְאֶת בְּנוֹ שֶׁהִיא כַּיּוֹצֵא בָּהּ וּבִשְׁאָר מִצְוֹת רַבּוֹת, אֵינוֹ אֶלָּא כִּגְזֵרָה לְפָנָיו שֶׁגָּזַר עַל זֶה בְּחֶפְצוֹ הַפָּשׁוּט, וְאִלּוּ רָצָה בְּהֶפֶךְ מִזֶּה לֹא יַכְרִיחֶנּוּ דָּבָר וְלֹא יִמְנָעֶנּוּ סִבָּה חָלִילָה כָּמוֹנוּ אֲנַחְנוּ הַבְּנוּיִים בְּכֹחַ הַטְּבָעִים, שֶׁמִּדַּת הָרַחְמָנוּת תְּעַכְּבֵנוּ מִלְּהַשְׁחִית אוֹ תַּכְרִיחֵנוּ לְהֵיטִיב לִפְעָמִים. זֶהוּ עִנְיָן אָמְרָם אֵינָן אֶלָּא גְּזֵרוֹת, וּמִשֹּׁרֶשׁ הָעִנְיָן מָה שֶׁזָּכַרְנוּ.
It is from the roots of this commandment [that it is] to put into our hearts that the providence of God, may He be blessed, is upon all of His creatures — with the human species individually, as it is written (Job 34:21), “For His eyes are upon a man’s ways, etc.”; and upon the other species of animals generally, meaning to say that His desire, may He be blessed, is towards the existence of the [particular] species. And therefore, no species will ever become extinct from all of the species of creatures, as it is due to the providence of the Living and Existing forever, may He be blessed, that their existence is found. And when a man places his mind to this, he understands the ways of God and he will see that the continuous preservation of the species in the world — that not one of all of them became extinct and lost from the day they were created, “from the lice’s eggs to the antelope’s horns” — is all from His statement and His will about this. And so too, will a man know that when he observes the commandments of his Creator and straightens all of his ways and be of clean hands and a pure heart, that the providence of God will be upon him and preserve his body for much time in this world, and his soul forever in the world to come. And like this did they, may their memory be blessed, say (Sotah 8a) [that] it is [payment] measure for measure; since when this person places his mind to that which existence and good are resultant of God’s providence over things — and not from another cause — he too merits that God should turn to him for the good and make him exist. And about the reward for the existence and the ability [given] since he believed in the Creator about this matter, they, may their memory be blessed, said in the Midrash (Devarim Rabbah 80:5 on Ki Tetseh) that a person merits children as a reward for this commandment, which is to say that his existence will continue — as children are the existence of a person and his remembrance. And they extrapolated this apparently from its stating, “you shall surely send away the mother and the young (banim) you shall take for you,” meaning to say, “children (banim) take for yourself.” As it could have stated, “you shall surely send away the mother” [only] and not [also] “and the young you shall take for you.” And about this root, they, may their memory be blessed, said (Berakhot 33b) that we silence one who says in his prayer, “Have mercy upon us, as You are the Merciful One, since Your mercies extend to the bird’s nest.” As the matter is not [one of] mercy, but rather it is in order to bring us merit in the way I have mentioned. And they said about this reason in the Gemara there, “It is because he makes the attributes of God into mercy, and they are [actually] only decrees.” And the matter is not to say that the Holy One, blessed be He, does not have mercy, God forbid — as behold, He is called the Merciful One; and they, may their memory be blessed, said (Shabbat 133b) [that] just like the Holy One, blessed be He, is merciful, you too have mercy.” Rather, their intention is to say that there is no trait of mercy in Him, God forbid — like with people, [such] that the mercy in them is forced by their nature that the Creator, blessed be He, placed in them. But mercy for Him is from His simple desire — that His wisdom loves to have mercy, because it is a good trait, and all good traits are found with Him. And they said [that] in His commanding us about this, it was not by force of the trait of mercy that He commanded us in the thing; as behold, He permitted their slaughter, since all the species are created for the needs of man. But [rather] the command about this and about “it and its son,” which is like it, and many other commandments are only like a decree in front of Him, since He decreed about it with His simple desire. And if He had wanted the opposite of this, nothing would force Him [to do otherwise] and no cause would prevent Him, God forbid. [This is,] as opposed to us, who are built with the power of [our] natures, [such] that the trait of mercy impedes us from destroying, or sometimes forces us to do good. This is the matter of their saying [that] they are only decrees, and it is from the root of the thing of that which we mentioned.
וְהָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה כָּתַב בְּטַעַם מִצְוָה זוֹ (במורה נבוכים ח"ג פמ"ח, י"ג הָרַמְבַּ"ן בפי' לחומש כאן) וּבְטַעַם אוֹתוֹ וְאֶת בְּנוֹ לְפִי שֶׁיֵּשׁ לַבְּהֵמוֹת דְּאָגָה גְּדוֹלָה בִּרְאוֹתָן צַעַר בְּנֵיהֶן כְּמוֹ לִבְנֵי אָדָם, כִּי אַהֲבַת הָאֵם לַבֵּן אֵינֶנּוּ דָּבָר נִמְשָׁךְ אַחַר הַשֵּׂכֶל, אֲבָל הוּא מִפְּעֻלּוֹת כֹּחַ הַמַּחְשָׁבָה הַמְּצוּיָה בַּבְּהֵמוֹת כַּאֲשֶׁר הִיא מְצוּיָה בָּאָדָם. וְאָמַר הָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה בְּעִנְיָן זֶה, וְאַל תָּשִׁיב מִלִּין מִמַּאֲמַר הַחֲכָמִים הָאוֹמְרִים עַל קַן צִפּוֹר וְכוּ', כִּי זוֹ סְבָרַת מִי שֶׁיִּרְאֶה שֶׁאֵין טַעַם לַמִּצְוֹת אֶלָּא חֵפֶץ הַבּוֹרֵא, וְאָנוּ מַחְזִיקִים בַּסְּבָרָא הַשֵּׁנִית, שֶׁהִיא שֶׁיֵּשׁ בְּכָל הַמִּצְוֹת טַעַם. וְהֻקְשָׁה עָלָיו מָה שֶׁנִּמְצָא בִּבְרֵאשִׁית רַבָּה (פרשה מד א) וְכִי מָה אִכְפַּת לוֹ לְהַקָּדוֹשׁ בָּרוּךְ הוּא בֵּין שׁוֹחֵט מִן הַצַּוָּאר לְשׁוֹחֵט מִן הָעֹרֶף? הָא לֹא נִתְּנוּ הַמִּצְוֹת אֶלָּא לִצְרֹף בָּהֶן אֶת הַבְּרִיּוֹת, שֶׁנֶּאֱמַר (משלי ל ב) כָּל אִמְרַת אֱלוֹהַּ צְרוּפָה.
And Rambam, may his memory be blessed, wrote in explanation of this commandment (Guide for the Perplexed 3:48, and some have the textual variant, Ramban in his commentary to the Torah here) and of “him and his child,” [that] it is because animals — like people — have great distress in seeing the pain of their children. As the love of the mother for the child is not a matter that follows the intellect, but rather it is from the effects of the power of thinking that is found in animals, [just] as it is found in people. And Rambam, may his memory be blessed, wrote about this matter, “Do not answer me with words from the statement of the Sages [in] which they say, ‘To the bird’s nest, etc.’ since this is the reasoning of the one to whom it appears that there is no explanation for the commandments, except for them being the will of the Creator. But we maintain the second reasoning, which is that there is an explanation for all of the commandments.” And [Ramban] challenged him from that which is found in Bereishit Rabbah 44a, “And for what would the Holy One, blessed be He, care if an animal is slaughtered from the [front of the] neck or from the back? Behold, the commandments were only given to refine the creatures with them, as it states (Proverbs 30:5), ‘Every word of God is refined.’”
וְהָרַמְבַּ"ן זִכְרוֹנוֹ לִבְרָכָה תֵּרֵץ הַקֻּשְׁיוֹת וּבֵרֵר הָעִנְיָן בֵּרוּר שָׁלֵם וְנֶחְמָד, וְזֶה לְשׁוֹנוֹ שֶׁכָּתַב בְּפֵרוּשׁ הַתּוֹרָה שֶׁלּוֹ: זֶה הָעִנְיָן שֶׁכָּתַב הָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה בַּמִּצְוֹת שֶׁיֵּשׁ לָהֶם טַעַם, דָּבָר מְבֹאָר הוּא מְאֹד, כִּי בְּכָל אַחַת יֵשׁ טַעַם וְתוֹעֶלֶת וְתִקּוּן לָאָדָם, מִלְּבַד שְׂכָרָן מֵאֵת הַמְצַוֶּה עֲלֵיהֶן יִתְבָּרַךְ. וּכְבָר אָמְרוּ זִכְרוֹנָם לִבְרָכָה (סנהדרין כא, ב) מִפְּנֵי מָה לֹא נִתְגַּלּוּ טַעֲמֵי תּוֹרָה וְכוּ'. וְדָרְשׁוּ זִכְרוֹנָם לִבְרָכָה (פסחים קיט, א) וְלִמְכַסֶּה עָתִיק (ישעיה כג, יח), זֶה הַמְכַסֶּה דְּבָרִים שֶׁכִּסָּה עַתִּיק יוֹמַיָּא, וּמַאי נִיהוּ? טַעְמֵי תּוֹרָה. וּכְבָר דָּרְשׁוּ בְּפָרָה אֲדֻמָּה (במדבר רבה חקת י"ט ו) שֶׁאָמַר שְׁלֹמֹה, עַל הַכֹּל עָמַדְתִּי וּפָרָשַׁת פָּרָה אֲדָמָה חָקַרְתִּי וְשָׁאַלְתִּי וּפִשְׁפַּשְׁתִּי, אָמַרְתִּי אֶחְכָּמָה וְהִיא רְחוֹקָה מִמֶּנִּי (קהלת ז, כג). וְאָמַר רַבִּי יוֹסֵי בַּר חֲנִינָא אָמַר לוֹ הַקָּדוֹשׁ בָּרוּךְ הוּא לְמֹשֶׁה, לְךָ אֲנִי מְגַלֶּה טַעַם פָּרָה, אֲבָל לְאַחֵר חֻקָּה, דִּכְתִיב (זכריה יד, ו) וְהָיָה בַּיּוֹם הַהוּא לֹא יִהְיֶה אוֹר יְקָרוֹת וְקִפָּאוֹן. דְּבָרִים הַמְּכֻסִּין מִכֶּם בָּעוֹלָם הַזֶּה, עֲתִידִין לִהְיוֹת צוֹפִין לְעוֹלָם הַבָּא כְּהָדֵין סַמְיָא דְּצָפֵי, דִּכְתִיב (ישעיה מב, טז) וְהוֹלַכְתִּי עִוְרִים בְּדֶרֶךְ לֹא יָדָעוּ. וּכְתִיב (שם) אֵלֶּה הַדְּבָרִים עֲשִׂיתִם וְלֹא עֲזַבְתִּים. שֶׁכְּבָר עֲשִׂיתִים לְרַבִּי עֲקִיבָא, כְּלוֹמַר, שֶׁרַבִּי עֲקִיבָא יְדָעָם בָּעוֹלָם הַזֶּה.
And Ramban, may his memory be blessed, answered the challenges and clarified the matter clearly, completely and nicely. And this is his language that he wrote in his commentary of the Torah: That matter which Rambam, may his memory be blessed, wrote that the commandments have explanations is something very elucidated, as in each one there is an explanation and a benefit and a refinement for a person, besides the reward for them from the Commander, may He be blessed. And they, may their memory be blessed, have already said (Sanhedrin 21b), “For why did He not reveal the explanation of the commandments, etc.?” And they, may their memory be blessed, expounded (Pesachim 119a), “‘And to the clothed elegantly’ (which can also be read as, ‘and to the one that covers the ancient’) (Isaiah 23:18) — this is [referring] to the one who covers that which the Ancient of Days (God) covered. And what are they? The explanations of the Torah.” And they have already expounded about the red heifer (Bamidbar Rabbah 19:6) that Shlomo said, “I have discerned everything, but the section of the red heifer; I have investigated and asked and searched — ‘I said that I could fathom it, but is far from me’ (Ecclesiastes 7:23).” And Rabbi Yossi Bar Chaninah said, “The Holy One, blessed be He, said to Moshe, ‘Go and I will reveal to you the explanation of the heifer, but to another, it will be a statute (that is not understood),’ as it is written (Zechariah 14:6), ‘In that day, there shall be neither sunlight nor cold moonlight’ — things that are covered from you in this world, in the future you will gaze upon them in the world to come; like that blind man that becomes able to gaze, as it is written (Isaiah 42:16), ‘I will lead the blind by a road they did not know.’ And it is written (later in the same verse), ‘I have done these words and I have not left them’ — as I have already done them for Rabbi Akiva,” meaning to say that Rabbi Akiva already knew them in this world.
הִנֵּה בֵּאֲרוּ שֶׁאֵין מְנִיעַת טַעְמֵי תּוֹרָה מִמֶּנּוּ אֶלָּא עִוָּרוֹן בְּשִׂכְלֵנוּ, וְשֶׁכְּבָר נִתְגַּלָּה טַעַם הַחֲמוּרָה שֶׁבָּהֶן לְחַכְמֵי יִשְׂרָאֵל, וְכָאֵלֶּה רַבּוֹת בְּדִבְרֵיהֶם, וּבַתּוֹרָה וּבַמִּקְרָא דְּבָרִים רַבִּים. וְהָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה הִזְכִּיר מֵהֶם, אֲבָל אֵלּוּ הָאַגָּדוֹת אֲשֶׁר נִתְקַשּׁוּ עַל הָרַב כְּפִי דַּעְתּוֹ עִנְיָן אַחֵר לָהֶם, שֶׁרָצוּ לוֹמַר שֶׁאֵין הַתּוֹעֶלֶת בַּמִּצְוֹת לְהַקָּדוֹשׁ בָּרוּךְ הוּא בְּעַצְמוֹ יִתְבָּרַךְ, אֲבָל הַתּוֹעֶלֶת בָּאָדָם עַצְמוֹ, לִמְנֹעַ מִמֶּנּוּ נֶזֶק אוֹ אֱמוּנָה רָעָה אוֹ מִדָּה מְגֻנָּה אוֹ לִזְכֹּר נִסִּים וְנִפְלָאוֹת הַבּוֹרֵא יִתְבָּרַךְ לָדַעַת אֶת הַשֵּׁם, וְזֶהוּ לִצְרֹף בָּהֶם, שֶׁיִּהְיוּ כְּכֶסֶף צָרוּף, כִּי הַצּוֹרֵף כֶּסֶף, אֵין מַעֲשֵׂהוּ בְּלֹא טַעַם, אֲבָל לְהוֹצִיא מִמֶּנּוּ כָּל סִיג. וְכֵן הַמִּצְוֹת לְהוֹצִיא מִמֶּנּוּ כָּל אֱמוּנָה רָעָה וּלְהוֹדִיעֵנוּ הָאֱמֶת וּלְזָכְרוֹ תָּמִיד. וּלְשׁוֹן זוֹ הָאַגָּדָה עַצְמָהּ בִּילַמְּדֵנוּ בְּפָרָשַׁת זֹאת הַחַיָּה (תנחומא שמיני ח) וְכִי מָה אִכְפַּת לֵהּ לְהַקָּדוֹשׁ בָּרוּךְ הוּא בֵּין שׁוֹחֵט בְּהֵמָה וְאוֹכֵל לְנוֹחֵר וְאוֹכֵל? כְּלוּם אַתָּה מוֹעִילוֹ אוֹ אַתָּה מַזִּיקוֹ? אוֹ מַה אִכְפַּת לוֹ בֵּין אוֹכֵל טְהוֹרוֹת לְאוֹכֵל נְבֵלוֹת? וְאִם חָכַמְתָּ חָכַמְתָּ לָּךְ. (משלי ט, יב). הָא לֹא נִתְּנוּ הַמִּצְוֹת אֶלָּא לְצָרֵף בָּהֶן אֶת הַבְּרִיּוֹת, שֶׁנֶּאֱמַר (תהלים יב, ז) אִמֲרוֹת יְיָ אֲמָרוֹת טְהֹרוֹת. אִמְרַת יְיָ צְרוּפָה (שם יח, לא). לָמָּה? שֶׁיִּהְיֶה מָגֵן עָלֶיךָ.
Behold, they explained that the deterrent to our [understanding of] the explanations of the commandments is only from the blindness of our intellects; and that the explanation of the most difficult one of them was already revealed to the sages of Israel. And there are many such statements in their words — and in the Torah and in Scripture, very many. And Rambam, may his memory be blessed, mentioned some of them. But [as far as] those homiletic teachings (aggadot) with which the Teacher was challenged, according to [Ramban’s] opinion, they are about a different matter: that they wanted to say that there is no benefit in the commandments to the Holy One, blessed be He, Himself, may He be blessed. Rather, the benefit is for the person, himself, to deter him from harm or a bad belief or an ugly trait or to remember wonders of the Creator, may He be blessed, [so as] to remember God. And this is [what was meant by] “to refine them with them” — that they should be like refined silver. As the action of the one who refines silver is not without explanation, but [rather] to remove all the dross. So too are the commandments to remove from him any bad belief and to inform him of the truth and to always remind him. And the language of the aggadah itself in Yilamdenu in the section, “This is the animal” (Midrash Tanchuma, Shemini 8) is “And for what would the Holy One, blessed be He, care if one slaughters a beast and eats or stabs [it] and eats? Does it help Him or hurt Him at all? Or what would He care whether one would eat pure foods or eat carcasses? ‘And if you have been wise, you have been wise for yourself.’ Behold, the commandments were only given to refine the creatures with them, as it states (Psalms 12:7), ‘The words of the Lord are pure words’; ‘The word of the Lord is refined’ (Psalms 18:31). Why? So that it will be a shield for you.”
הִנֵּה מְפֹרָשׁ בְּכָאן שֶׁבָּאוּ לוֹמַר שֶׁאֵין הַתּוֹעָלוֹת אֵלָיו יִתְבָּרַךְ בַּמִּצְוֹת, דֶּרֶךְ מָשָׁל, שֶׁיִּצְטָרֵךְ לְאוֹרָה עַל שֶׁצִּוָּה לְהַדְלִיק אֶת הַמְּנוֹרָה, אוֹ שֶׁיִּצְטָרֵךְ לְמַאֲכַל הַקָּרְבָּנוֹת וְרֵיחַ הַקְּטֹרֶת כַּנִּרְאֶה מִפְּשׁוּטֵיהֶם, וַאֲפִלּוּ הַזֵּכֶר לְנִפְלְאוֹתָיו שֶׁצִּוָּה לַעֲשׂוֹת זֵכֶר לִיצִיאַת מִצְרַיִם וּמַעֲשֵׂה בְּרֵאשִׁית, אֵין הַתּוֹעֶלֶת רַק שֶׁנֵּדַע אֲנַחְנוּ הָאֱמֶת וְנִזְכֶּה בּוֹ עַד שֶׁנִּהְיֶה רְאוּיִין לִהְיוֹת מָגֵן עָלֵינוּ, כִּי כְּבוֹדֵנוּ וְסִפּוּרֵנוּ בִּתְהִלּוֹתָיו מֵאֶפֶס וָתֹהוּ נֶחְשְׁבוּ לוֹ. וְהֵבִיא רְאָיָה מִן הַשּׁוֹחֵט מִן הַצַּוָּאר וְהָעֹרֶף לוֹמַר שֶׁכֻּלָּן לָנוּ וְלֹא לְהַקָּדוֹשׁ בָּרוּךְ הוּא, לְפִי שֶׁלֹּא יִתָּכֵן לוֹמַר בַּשְּׁחִיטָה שֶׁיְּהֵא בָּהּ תּוֹעֶלֶת וְכָבוֹד לַבּוֹרֵא יִתְבָּרַךְ בַּצַּוָּאר יוֹתֵר מִן הָעֹרֶף אוֹ הַנִּחוּר, אֶלָּא לָנוּ הֵם לְהַדְרִיכֵנוּ בִּנְתִיבוֹת הָרַחֲמִים גַּם בְּעֵת הַשְּׁחִיטָה. וְהֵבִיא רְאָיָה אַחֶרֶת (תנחומא שם) אוֹ מַה אִכְפַּת לוֹ בֵּין אוֹכֵל טְהָרוֹת, וְהֵן הַמַּאֲכָלִים הַמֻּתָּרִין, לְאוֹכֵל טְמֵאִים וְהֵם הַמַּאֲכָלִים הָאֲסוּרִים, שֶׁאָמְרָה בָּהֶם הַתּוֹרָה (ויקרא יא כו) טְמֵאִים הֵם לָכֶם, רַק שֶׁהוּא לִהְיוֹתֵנוּ נְקִיֵּי הַנֶּפֶשׁ חֲכָמִים מַשְׂכִּילֵי הָאֱמֶת. וְאָמְרָם אִם חָכַמְתָּ חָכַמְתָּ לָּךְ, הִזְכִּירוּ כִּי הַמִּצְוֹת הַמַּעֲשִׂיּוֹת, כְּגוֹן שְׁחִיטַת הַצַּוָּאר לְלַמְּדֵנוּ מִדּוֹת הַטּוֹבוֹת וְהַמִּצְוֹת הַגְּזוּרוֹת בַּמִּינִין לְזַקֵּק אֶת נַפְשׁוֹתֵינוּ, וּכְמוֹ שֶׁאָמְרָה תּוֹרָה (שם כ כה) וְלֹא תְשַׁקְּצוּ אֶת נַפְשֹׁתֵיכֶם בַּבְּהֵמָה וּבָעוֹף וּבְכֹל אֲשֶׁר תִּרְמֹשׂ הָאֲדָמָה אֲשֶׁר הִבְדַּלְתִּי לָכֶם לְטַמֵּא. אִם כֵּן, כֻּלָּם הֵם לְתוֹעַלְתֵּנוּ בִּלְבַד, וְזֶה כְּמוֹ שֶׁאָמַר אֱלִיהוּא (איוב לה ו) אִם חָטָאתָ מַה תִּפְעָל בּוֹ וְרַבּוּ פְשָׁעֶיךָ מַה תַּעֲשֶׂה לּוֹ. וְאָמַר (שם ז) אוֹ מַה מִיָּדְךָ יִקָּח, וְזֶה דָּבָר מֻסְכָּם בְּכָל דִּבְרֵי רַבּוֹתֵינוּ.
Behold, it is shown by this that they are coming to say that there is no benefit to Him, may He be blessed, in the commandments — by way of illustration, that He would need the light that He commanded to light the candelabra (the menorah in the Temple) or that He would need the food of the sacrifices and the smell of the incense, as it would appear from their simple understandings. And even [regarding] the memory of His wonders that He commanded that we do [various acts] in commemoration of the exodus from Egypt and the creation story, the benefit is only that we know the truth and merit from it, such that we be fitting that they be a shield for us. As our honoring [Him] and saying over His praises are considered as nothing and void for Him. And he brought a proof from “the one who slaughters from the [front of the] neck and from the back,” to say that all of them are for us and not for the Holy One, blessed be He. As it is not likely to say about slaughter that there be a benefit and honor to the Creator, may He be blessed, from the neck more than from the back or from stabbing. But rather they are for us; to guide us in the paths of mercy even at the time of slaughter. And he brought another proof — “or what would He care whether one would eat pure foods” — and these are permitted foods — “or eat impure foods” — and these are forbidden foods, about which the Torah stated (Leviticus 11:26), “they are impure to you”: They are only for you to be of clean souls, wise and understanding of the truth. And they said, “And if you have been wise, you have been wise for yourself.” They mentioned [the two examples], since the active commandments such as the slaughter [from] the neck are to teach us good traits; and the commandments and decrees regarding the species [that are permitted] are to purify our souls, as the Torah stated (Leviticus 20:25), “and do not make your souls disgusting with the beast and the fowl and with all that crawls on the earth, which I have separated for you to be impure.” If so, they are all for our benefit only. And it is as Elihu said (Job 35:6), “If you sin, what do you do to Him? If your transgressions are many, how do you affect Him?”; and (Job 35:7), “What does He receive from your hand?” And this matter is agreed to in all the words of our Rabbis.
וְשָׁאֲלוּ בַּיְּרוּשַׁלְמִי בִּנְדָרִים (פ"ט ה"א) אִם פּוֹתְחִין לָאָדָם בִּכְבוֹד הַמָּקוֹם בִּדְבָרִים שֶׁבֵּינוֹ לְבֵין הַמָּקוֹם? וְהֵשִׁיבוּ עַל הַשְּׁאֵלָה הַזֹּאת אֵיזֶהוּ כְּבוֹד הַמָּקוֹם? כְּגוֹן סֻכָּה שֶׁאֵינִי עוֹשֶׂה לוּלָב שֶׁאֵינִי נוֹטֵל, תְּפִלִּין שֶׁאֵינִי נוֹשֵׂא, וְהַיְנוּ כְּבוֹד הַמָּקוֹם, מַשְׁמַע דִּלְנַפְשֵׁהּ הוּא דִּמְהַנֵּי, כַּהֲדָא אִם צָדַקְתָּ מַה תִּתֶּן לוֹ אוֹ מַה מִיָּדְךָ יִקָּח, אִם חָטָאתָ מַה תִּפְעָל בּוֹ וְרַבּוּ פְשָׁעֶיךָ מַה תַּעֲשֶׂה לּוֹ.
And they asked in Yerushalmi Nedarim 9:1 if we can open [an avenue of regret for a vow] with the honor of the Omnipresent in matters that are between him and the Omnipresent. And they answered this question [as follows], “What is the honor of the Omnipresent [that is offended]? For example, a sukkah that [a man] does not make, a lulav that he does not hold, tefillin that he does not don? And that is [what is] understood by the honor of the Omnipresent? It is for [the person] himself that it helps, like that (Job 35:7), ‘If you are righteous, what do you give Him; what does He receive from your hand?’ [and] (Job 35:6) ‘If you sin, what do you do to Him? If your transgressions are many, how do you affect Him?’”
הִנֵּה בֵּאֲרוּ שֶׁאֲפִלּוּ הַסֻּכָּה וְהַלּוּלָב וּתְפִלִּין, שֶׁצִּוָּה בָּהֶן שֶׁיְּהוּ לְאוֹת עַל יָדְךָ וּלְזִכָּרוֹן בֵּין עֵינֶיךָ כִּי בְּיָד חֲזָקָה הוֹצִאֲךָ יְיָ מִמִּצְרָיִם, אֵינָן לִכְבוֹד הַשֵּׁם יִתְבָּרַךְ, אֲבָל לְרַחֵם עַל נַפְשׁוֹתֵינוּ. וּכְבָר סִדְּרוּ לָנוּ בִּתְפִלַּת יוֹם הַכִּפּוּרִים, אַתָּה הִבְדַּלְתָּ אֱנוֹשׁ מֵרֹאשׁ וַתַּכִּירֵהוּ לַעֲמֹד לְפָנֶיךָ, כִּי מִי יֹאמַר לְךָ מַה תַּעֲשֶׂה, וְאִם יִצְדַּק מַה יִתֶּן לָךְ, וְכֵן אָמְרוּ בַּתּוֹרָה (דברים י, יג) לְטוֹב לָךְ. וְכֵן (שם ו, כד) וַיְצַוֵּנוּ יְיָ אֱלֹהֵינוּ לַעֲשׂוֹת אֶת כָּל הַחֻקִּים הָאֵלֶּה לְטוֹב לָנוּ כָּל הַיָּמִים. וְהַכַּוָּנָה בְּכֻלָּם לְטוֹב לָנוּ וְלֹא לוֹ יִתְעַלֶּה, אֲבָל כָּל מָה שֶׁנִּצְטַוִּינוּ שֶׁיִּהְיוּ נַפְשׁוֹתֵינוּ צְרוּפוֹת וּמֻזְקָקוֹת בְּלֹא סִיגֵי מַחְשְׁבוֹת רָעוֹת וּמִדּוֹת מְגֻנּוֹת. וְכֵן מָה שֶׁאָמְרוּ לְפִי שֶׁעוֹשֶׂה גְּזֵרוֹתָיו שֶׁל הַקָּדוֹשׁ בָּרוּךְ הוּא רַחֲמִים וְאֵינָן אֶלָּא גְּזֵרוֹת, לוֹמַר שֶׁלֹּא חָס הָאֵל עַל קַן צִפּוֹר וְלֹא הִגִּיעוּ רַחֲמָיו עַל אוֹתוֹ וְאֶת בְּנוֹ, שֶׁאֵין רַחֲמָיו מַגִּיעוֹת בְּבַעֲלֵי נֶפֶשׁ הַבַּהֲמִית לִמְנֹעַ אוֹתָנוּ מִלַּעֲשׂוֹת בָּהֶם צְרָכֵינוּ, שֶׁאִם כֵּן, הָיָה אוֹסֵר הַשְּׁחִיטָה, אֲבָל טַעַם הַמְּנִיעָה לְלַמֵּד אוֹתָנוּ מִדַּת הָרַחְמָנוּת וְשֶׁלֹּא נִתְאַכְזֵר, כִּי הָאַכְזָרִיּוּת תִּתְפַּשֵּׁט בְּנֶפֶשׁ הָאָדָם, כַּיָּדוּעַ בַּטַּבָּחִים שׁוֹחֲטֵי הַשְּׁוָרִים הַגְּדוֹלִים וְהַחֲמוֹרִים, שֶׁהֵם אַנְשֵׁי דָּמִים, זוֹבְחֵי אָדָם, אַכְזָרִיִּים מְאֹד, וּמִפְּנֵי זֶה אָמְרוּ (קדושין פב, א) טוֹב שֶׁבַּטַּבָּחִים שֻׁתָּפוֹ שֶׁל עֲמָלֵק. וְהִנֵּה הַמִּצְוֹת הָאֵלֶּה בַּבְּהֵמָה וּבָעוֹף אֵינָן רַחֲמִים עֲלֵיהֶן, אֲבָל גְּזֵרוֹת בָּנוּ לְהַדְרִיכֵנוּ וּלְלַמֵּד אוֹתָנוּ הַמִּדּוֹת הַטּוֹבוֹת, עַד כָּאן בְּפֵרוּשֵׁי הָרַמְבַּ"ן זִכְרוֹנוֹ לִבְרָכָה.
Behold, they elucidated that even the lulav and the sukkah and tefillin — that He commanded that they be “a sign upon your arm and a commemoration between your eyes [...] that the Lord took you out of Egypt with a strong hand” (Exodus 13:9) — are not for the honor of God, may He be blessed, but [rather] to have mercy on our souls. And they already set this into the prayer of Yom Kippur, “You have separated man from the start and recognized him to stand in front of You, as who will say to You what to do, and if he is righteous, what will he give to You?” And so [too], it stated in the Torah (Deuteronomy 10:13), “for your good”; and so [too] (Deuteronomy 6:24), “And He commanded us to do all of these statutes [...], for our good all of the days.” And the intention in all of them is that it be good for us and not for Him, may He blessed and elevated. But all that we are commanded is [so that] our souls be refined and purified without the dross of evil thoughts and disgusting character traits. And so that which they said (Berakhot 33a), “[It is because] he makes the traits of the Holy One, blessed be He into mercy and they are only decrees,” is to say that God did not worry about the nest of the bird and His “mercy did not reach” it and its child; as His mercy does not extend to creatures with an animal soul, to prevent us from doing what we need to them. As were it so, slaughtering would be forbidden. But [rather], the reason for the proscription is to teach us the trait of mercy and that we not become cruel. Since cruelty spreads in the soul of a man, as it is known with butchers that slaughter large oxen and donkeys, that they are “people of blood,” “slaughterers of men” [and] very cruel. And because of this they said (Kiddushin 82a), “The best of butchers are the partners of Amalek.” And behold, these commandments with animals and birds are not mercy upon them, but [rather] decrees upon us, to guide us and to teach us the good character traits. To here are the interpretations of Ramban, may his memory be blessed.
וְהִנֵּה הֶאֱרַכְתִּי לִכְתֹּב לְךָ בְּנִי עַל זֶה, לְהָעִיד עַל כָּל שָׁרְשֵׁי סִפְרִי עֵדִים נֶאֱמָנִים שְׁנֵי עַמּוּדֵי עוֹלָם, חֲכָמִים גְּדוֹלִים וּנְבוֹנִים, בַּעֲלֵי שֵׂכֶל מְזֻקָּק, וּבְסִתְרֵי הַתּוֹרָה מְקֻבָּלִים, כִּי הִנְּךָ רוֹאֶה בְּעֵינֶיךָ דַּעַת שְׁנֵיהֶם, כִּי יֵשׁ בְּמִצְוֹת הַתּוֹרָה טַעַם לְהוֹעִיל בְּנֵי אָדָם בְּדֵעוֹתֵיהֶם, לְהַכְשִׁירָם וּלְהַרְגִּילָם לְהַכְשִׁיר בָּהֶן כָּל פְּעֻלּוֹתֵיהֶם, וְשֶׁאֵין הַתּוֹעֶלֶת בַּעֲשִׂיָּתָן חָלִילָה לַבּוֹרֵא בָּרוּךְ הוּא. וְאִם אָמְנָם כִּי יֵשׁ מִן הַמִּצְוֹת שֶׁלֹּא הִשַּׂגְנוּ בְּטַעְמָן בְּמִעוּט שִׂכְלֵנוּ מֵרֹב עָמְקָן וְתַכְלִית גָּדְלָן, לֹא נִמְנַע מִמֶּנּוּ מֵהַגִּיד בָּהֶן כָּל אֲשֶׁר נַשִּׂיג לִמְצֹא מִן הַתּוֹעֶלֶת שֶׁיֵּשׁ לוֹ לָאָדָם בַּעֲשִׂיָּתָן. וְזֶה דַּרְכִּי בְּכָל שִׂיחָתִי בְּסִפְרִי זֶה, שֶׁיֵּשׁ בַּמִּצְוֹת תּוֹעֶלֶת מְצוּיָה לָנוּ אַךְ לֹא אֶל הַמְצַוֶּה בָּהֶן, וְאִם תִּתֵּן לִבְּךָ בַּדְּבָרִים תִּמְצָא זֹאת הַכַּוָּנָה בְּכֻלָּן. וְהַרְבֵּה יָגַעְתִּי בְּמִקְצָתָן לְהַשִּׂיג בַּעֲנִיּוּת דַּעְתִּי לִרְאוֹת בָּהֶן מְעַט קָט מֵרֹב הַתּוֹעָלוֹת שֶׁבָּהֶן, וּכְתַבְתִּיו עַל כָּל אַחַת וְאַחַת, וְזֶה חֶלְקִי מִכָּל עֲמָלִי.
Behold, my son, I have written to you at length about this to have testify about all of the roots in my book, two trustworthy witnesses — two pillars of the world, great sages and wise men, of refined intellect, and recipients of the secrets of the Torah. As behold you see with your eyes that the opinion of both of them is that there is a reason for the commandments of the Torah [that] benefit people’s traits to make them more proper and to accustom them to better all of their actions through them; and that there is no benefit in their performance — God forbid — to the Creator, blessed be He. And if, however, there are from the commandments that we did not [fully] grasp their explanation due to the smallness of our intellect — because of their great depth and ultimate greatness — we should not prevent ourselves from saying about them all that we have grasped to find the benefit that there is for man in his doing them. And this is my path in all of my speech in this book — that there is a benefit for us found in the commandments; but there is not [benefit] for the One Who commands them. And if you put your heart to these words, you will find this intention in all of them. And I have toiled greatly in some of them to succeed with the poverty of my mind to see a small little [part] of the great benefit that is in them. And I have written it on each and every one, “and this is my portion from all of my toil.”
מִדִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (חולין קלט, ב) כִּי יִקָּרֵא קַן צִפּוֹר לְפָנֶיךָ בַּדֶּרֶךְ, מָה דֶּרֶךְ שֶׁאֵין קָנוּי לְךָ, אַף כָּל וְכוּ'. מִכָּאן אָמְרוּ יוֹנֵי שׁוֹבָךְ, וְיוֹנֵי עֲלִיָּה, וְצִפֳּרִין שֶׁקִּנְּנוּ בִּטְפִיחִין וּבְשִׁיחִין וּבְבוֹרוֹת וּבִמְעָרוֹת, וְתַרְנְגוֹלִין, וַאֲוָזִין שֶׁקִּנְּנוּ בַּפַּרְדֵּס חַיָּב לְשַׁלֵּחַ, קִנְּנוּ בְּתוֹךְ הַבַּיִת וְכֵן יוֹנִים דּוֹרְסִיּוֹת פָּטוּר מִלְּשַׁלֵּחַ. וְאָמַר רַב יְהוּדָה הַמּוֹצֵא קֵן בַּיָּם חַיָּב לְשַׁלֵּחַ, שֶׁבִּכְלַל לְשׁוֹן בַּדֶּרֶךְ הוּא, שֶׁנֶּאֱמַר (ישעיה מג, טז) הַנּוֹתֵן בַּיָּם דָּרֶךְ. הָיְתָה הָאֵם מְעוֹפֶפֶת עַל הַקֵּן וְאֵין כְּנָפֶיהָ נוֹגְעוֹת בַּקֵּן פָּטוּר מִלְּשַׁלֵּחַ. הָיְתָה רוֹבֶצֶת עַל בֵּיצִים מוּזָרוֹת פָּטוּר מִלְּשַׁלֵּחַ שֶׁנֶּאֱמַר (דברים כב ו) אֶפְרוֹחִים אוֹ בֵּיצִים, מָה אֶפְרוֹחִים בְּנֵי קַיָּמָא, אַף בֵּיצִים כְּמוֹ כֵן. שִׁלְּחָהּ וְחָזְרָה, אֲפִלּוּ כַּמָּה פְּעָמִים, חַיָּב לְשַׁלֵּחַ, שֶׁנֶּאֱמַר שַׁלֵּחַ תְּשַׁלַּח. וְיֶתֶר פְּרָטֵי הַמִּצְוָה, מְבֹאָרִים בְּפֶרֶק אַחֲרוֹן מֵחֻלִּין.
From the laws of the commandment is that which they, may their memory be blessed, said (Chullin 139b), “‘If you chance upon a bird’s nest in front of you on the path’ — just like the path which is not acquired by you; so too all, etc. From here they said, ‘Doves from the coop and doves from the attic that nested in cubicles and in edifices, and geese and chickens that nested in an orchard, [one is] obligated in sending away; but [if] they nested within the house, and also Herodian doves, [one is] exempt from sending away. [... And] Rav Yehudah ... said, ‘[If] he found a nest in the sea, [he is] obligated in sending away,’” as it is included in the expression, “on the path,” “as it states (Isaiah 43:16), ‘So said the Lord, Who makes a path in the sea.’” And (Chullin 12:3) “[If] it was flying — [... if] its wings do not touch the nest, one is exempt from sending. [... If] there were [...] damaged eggs, one is exempt from sending, as it states (Deuteronomy 22:6), ‘[...] young birds or the eggs’ — just as young birds are viable, so too [the] eggs [must be] viable [to fall under the law...]. If one sent her away and she returned, [...] — even [several] times — one is obligated [to send her away again], as it states (Deuteronomy 22:7), ‘You shall surely send.’” And the rest of the details of the commandment are elucidated in the last chapter of Chullin.
וְנוֹהֶגֶת בְּכָל מָקוֹם וּבְכָל זְמַן, בִּזְכָרִים וּנְקֵבוֹת. וְהָעוֹבֵר עַל זֶה וְלָקַח הָאֵם בְּעוֹדָהּ עַל הַבָּנִים בִּטֵּל עֲשֵׂה זֶה מִלְּבַד שֶׁעָבַר עַל לָאו דְּלֹא תִקַּח הָאֵם. וְאִם מֵתָה הָאֵם קֹדֶם שֶׁיְּשַׁלְּחֶנָּה אוֹ שֶׁשְּׁלָחָהּ אָדָם אַחֵר אֵין לוֹ תַּקָּנָה לְקַיֵּם הָעֲשֵׂה וּלְתַקֵּן הַלָּאו, אֲבָל אִם שִׁלְּחָהּ הוּא קֹדֶם שֶׁתָּמוּת נִתְקַן לָאוֵהּ בְּכָךְ וּפָטוּר, שֶׁזֶּה הַלָּאו נִתָּק הוּא אֶל הָעֲשֵׂה, וּכְמוֹ שֶׁכָּתַבְנוּ (מצוה תקמד) בַּלָּאו הַבָּא עַל זֶה בְּעֶזְרַת הַשֵּׁם.
And this commandment is practiced in every place and at all times. And one who transgresses it and takes the mother when she is still on the young, violates this positive commandment, besides violating the negative commandment of “do not take the mother.” And if the mother died before he sends her away or another person sent her away, he has no remedy to fulfill the positive commandment and to remedy the negative commandment. But if he sent her away before she dies, [the violation of] its negative commandment is rectified; as this negative commandment is rectified by the positive [one], and [it is] as we have written (Sefer HaChinukh 544) about the negative commandment that comes on this, with God’s help.