2020/5780

Parashat Ki Teitzei is filled with many Mitzvot that are intentionally juxtaposed. This becomes apparent from the very beginning of the Parashah with the juxtaposition of the Eishet Yefat To’ar, the Ben HaSenu’ah, and the Ben Sorer U’Moreh. Rashi (21:11 s.v. VeLakachta Lecha LeIsha) famously writes that Eishet Yefat To’ar is the Torah’s concession to the Yeitzer Hara as it understands the nature of man and wants to ensure that if man capitulates to his desires, it is done correctly. However, Rashi warns, if a person fulfills the Mitzvah of Eishet Yefat To’ar, the Eishet Yefat To’ar will become an Ishah Senu’ah, a hated wife, and her son will become a Ben Sorer U’Moreh. Thus, the Torah’s juxtaposition of these Mitzvot is intentional and crucial to understanding all three. Moreover, there are other mitzvot throughout the Parashah which are clearly juxtaposed. For example, the three different elements of Kilayim are juxtaposed. Additionally, there are Mitzvot such as helping someone whose animal is struggling and Hashavat Aveidah which both clearly have a theme of Achicha, brotherhood, and are therefore juxtaposed. However, one perplexing placement of Mitzvot in this week’s Parashah, is the juxtaposition of Ma’akeh, the obligation to put up a fence and secure a new house, and Shilu’ach HaKen, sending away the mother bird before taking its eggs. Thus, why are these two Mitzvot placed side by side and what message is the Torah teaching by doing so?

Ramban (Devaim 22:6-7 s.v. Ki Yikarei Kan Tzipor Lifanechah) writes that the purpose of Shilu’ach HaKen is to replace brutality with compassion. Just like the Issur of killing a cow and its son on the same day, we are meant to develop compassion by not taking the eggs while the mother-bird is present. As Rambam writes in Moreh Nevuchim (3:48) we are meant to understand that animals too have emotions, and we must care for animals just as we care for human beings. This is not an understanding of Shilu’ach HaKen that is held strictly by these two Mefarashim. Countless others, such as Chizkuni (Devarim 22:6 s.v. Lo Tikach HaEim Al HaBanim), Rashbam (ibid) and Ibn Ezra (Devarim 22:6 s.v. Efrochim) all understand this mitzvah as a way of ridding brutality from one’s heart and, thus, creatingcompassion.

In regards to the Mitzvah of Ma’akeh, Rav Yosef Dov Soloveitchik writes (Days of Deliverance pages 8-11) that Ma’akeh creates a realization that humanity is a vulnerable species. We are always prone to accidents, and therefore, we create a fence to prevent such accidents. We see this principle in Halacha as the Mishnah writes, “Asu Seyag LaTorah,” “Make a Fence for Torah” (Avot 1:1). This awareness of vulnerability, writes the Rav, makes mankind more ethical including humility.

Thus, the relationship between Shilu’ach HaKen and Ma’akeh is clear. Shilu’ach HaKen forces one to realize the value in other species; that we are not much different than the animals around us. Therefore, we must show compassion to them and not allow the mother-bird to be present when we take the eggs. Similarly, Ma’akeh aims to create humility and forces one to confront their own humanity. We must understand that we are mortal and must protect ourselves. Therefore, we create protections in our house. Ultimately, both Mitzvot aim to create caring and compassion, for ourselves, our neighbors, and those with whom we share this world, as well as confront our humanity.