Parshat Ki Teizeh - Mankind and Animal Rights
by Rabbi Lobel

“If you come across a bird's nest on the road, on any tree or on the ground, young birds or eggs, and the mother is roosting on the young birds or on the eggs, you shall not take the mother in front of the young. You shall surely send away the mother and take the young for yourself, so that it will be good for you and you will lengthen your days.” (Deuteronomy 22: 6-7)

Nachamandies, quoting Maimonides, (Moreh Nevuchim 3:48) states the reason one cannot take the young birds or eggs in front of the mother is because mothers, both human and animal, share the same instinctive feeling of worry when their children are taken away. Therefore, removing a mother’s young in front of her can lead an individual to savagery and barbarism.

Yet, following Maimonides, what was accomplished by having the mother shooed away? Granted, she doesn’t witness the actual taking of her offspring but that is small comfort compared to her loss.

According to the Torah's outlook, man was created to partake from this world for personal use. If man can use the eggs or the young, the Torah permits him to do so. However, one must do so in the most sensitive manner. This means if, at the point of acquiring the young, one can be sensitive by not removing the young in front of the mother, then one must do so. If the mother subsequently feels pain when returning to the nest, one need not concern himself because the bird and its young were created for man. If one does not remove the eggs or young in the most sensitive manner it can lead to insensitivity in other areas of life.

Maimonides juxtaposes this point to shechita (Jewish animal slaughter). Maimonides explains (based on Bereishis Rabba 44:1) that G-d gave us commandments to improve our character. What's the difference if one slaughters an animal by tearing it apart or through shechita? Shechita is more sensitive to the animal.

The Sforno (Deuteronomy 22:7) teaches us that, by chasing the mother before taking the young, we train ourselves to be more sensitive and show the world how to partake of G-d’s bounty with sensitivity and appreciation.

G-d placed man on this earth to properly partake from it. People must treat animals in the most sensitive fashion but not to the extent that we deny ourselves G-d’s gifts.