- Question: Why doesn’t one’s courtyard automatically acquires eggs in a nest for the one who buys the courtyard in regards to the mitzvah of shooing away the mother bird?
- The Shulchan Aruch (Yoreh Deah 292:2) say in regards to this mitzvah, “Any nest which is supposed to be by you like doves that you are normally raising in one’s house or ducks or chickens that one bought with the house are exempt from this mitzvah . But doves of a dovecote and on top of them are birds that were acquired with earthenware vessels that are built into the walls and birds hang out there, or in pits, as well as ducks and chickens bought with an orchard are liable to be shooed away in order to take the eggs. But this is only as long as the mother bird has not lifted itself from her eggs at all from when they were going to take them. But if she has been raised from the nest and her eggs and the place is his, then his courtyard does acquire them for him and he is exempt from the mitzvah.
- The Shach in siif katan 5 says the owner of the courtyard either got the bird to fly high enough that he can’t really get to it as mentioned in si’if 4 or if the bird on her own flew up high enough that she is not touching the nest or chicks with her wings then he is exempt from the mitzvah .
- There is a rule that one’s courtyard is like one’s hands, it is an extention of one’s hand, so it can make acquisitions for you like a woman’s courtyard can accept a divorce bill for her from her husband if thrown into her property, just as if it was given to her in her hand.
Answer: The Shach in siif katan 4 says that as long as the bird has not been raised from the nest then his courtyard cannot acquire the eggs for him because since one cannot acquire the eggs by himself as long as the mother bird is on the nest so to ones courtyard cannot acquire them for your since if you can’t your courtyard can’t either. The courtyard is only an extension of your hand.