Ki Teitze: Shooing the Mother Hen

If, along the road, you chance upon a bird’s nest, in any tree or on the ground, with fledglings or eggs and the mother sitting over the fledglings or on the eggs, do not take the mother together with her young. Let the mother go, and take the young, in order that you may fare well and have a long life.

IF A BIRD’S NEST CHANCE TO BE BEFORE THEE. This also is an explanatory commandment, of the prohibition ye shall not kill it [the dam] and its young both in one day, because the reason for both [commandments] is that we should not have a cruel heart and be discompassionate, or it may be that Scripture does not permit us to destroy a species altogether, although it permits slaughter [for food] within that group. Now, he who kills the dam and the young in one day or takes them when they are free to fly [it is regarded] as though he cut off that species.
Now, he [Rabbi Moshe ben Maimon] wrote in the Moreh Nebuchim that the reason for the commandment to release the mother bird when taking its nest and the prohibition against killing the dam with its young on one day is in order to admonish us against killing the young within the mother’s sight, for animals feel great distress under such circumstances. There is no difference between the distress of man and the distress of animals for their young, since the love of the mother and her tenderness to the children of her womb are not the result of reasoning or [the faculty of intelligent] speech, but are produced by the faculty of mental images which exists among animals even as it is present in man. But if so the main prohibition in killing the dam and its young applies only when killing [first] the young and [then] the dam [but not vice versa, whereas the Torah forbids it to be done either way]! But it is all an extraordinary precaution, and it is more correct [to explain them as prohibitions] to prevent us from acting cruelly.
And the Rabbi [Moshe ben Maimon] said further: “Do not contradict me by quoting the saying of the Sages, ‘He who says in his prayer: Even to a bird’s nest do Thy mercies extend [etc., they silence him,’ which would seem to imply that there is no reason other than the Will of G-d for the commandment to release a dam when taking its nest], for that is one of two opinions, namely, the opinion of the Sage who holds that the commandments [of the Torah] have no other reason but the Will of the Creator. We follow the second opinion that there is a reason for all commandments.” And the Rabbi [Moshe ben Maimon] raised a difficulty from a text in Bereshith Rabbah [which contradicts his theory that there is a reason for every commandment]. The text reads: “And what difference does it make to the Holy One, blessed be He, whether an animal is slaughtered from the front of the neck or the back? Surely you must say the commandments have been given only for the purpose of refining [disciplining] men through them, as it is said, Every word of G-d is refined.”
Now, this theory, categorically stated by the Rabbi [Moshe ben Maimon] concerning the commandments that there is a reason for them, is indeed very clear. There is a reason, benefit, and improvement for man in each of them, aside from the reward by Him Who commanded it, blessed be He!

About honouring parents, it is written, "In order that your days will be lengthened, and in order that it would be good for you" (Deuteronomy 5:15). About sending away the mother bird, it is written, "In order that it will be good for you and your days will be lengthened" (Deuteronomy 22:7). For when his father says to him, "Go up to the attic and bring me chicks!" And he goes up to the attic, sends away the mother [bird], and takes the children, but on his return, he falls and dies. Where is the goodness of this one's days? Where are the lengthening of this one's days? Rather, "In order that it be good for you"—in the world which is all good; "And in order that your days will be lengthened"—in the world which is all long.

He said to him, this is enough, Meïr, up to here is the Sabbath domain. He asked him, how do you know? He told him, from the horse’s hooves which I continuously counted for 2’000 cubits. He said to him, all that wisdom is in you and you do not repent? He told him, I cannot. He asked him, why? He told him, once I was passing by the Holiest of Holies riding on a horse on the Day of Atonement which fell on a Sabbath and I heard an unembodied voice coming from the Holiest of Holies, saying, return, erring children, except for Elisha ben Abuya who knew My power and rebelled against Me. And all that came to him because he was sitting memorizing in the valley of Genezareth and saw a man climbing to the top of a date palm taking the mother with the chicks and descending safely. The next day he saw another man climbing to the top of a date palm, taking the chicks and sending away the mother. When climbing down he was bitten by a snake, and he died. He said, it is written, sending away you shall send the mother, but the chicks you may take for yourself, so it will be good for you and prolong your days. Where is the good for this one? Where is the prolongation of days of this one? He did not know that Rebbi Jacob had explained it preceding him, so it will be good for you in the future world which is all good, and prolong your days, in the future which is all long.