Compassion Towards the Animal Kingdom

One Ara related to today's daf and that is so the topic of today's daf the overwhelming majority of it was the new perek that we just began. Perek Ramban in the spiritual attire and this is not in parshas but rather this is tucked away in parshas the posuk ki kan tzipor al ha'efroakhim ba'derekh in the parsha of shiluach hakan says the Ramban gam mitzvah zu mevu'eres min ois ha'espinai lo sishlach yadcha the side of this mitzvah of shiluach hakan is the same as the side of the mitzvah of ois ha'espinai lo sishlach yadcha because the reason underlying both of these ideas is shiluach hakan it's that we shouldn't have a a heart of an achzar and we shouldn't be in a situation where we're not showing compassion. The Torah said that ki kan tzipor al ha'efroakhim shaleiach teshaleiach es ha'eim and only afterwards es ha'banim tikach lach right lo sikach im al ha'banim that you shouldn't go ahead and torture the mother by taking its child away from it so therefore shaleiach teshaleiach es ha'eim first and then afterwards when the mother's not there es ha'banim tikach lach it's so that we should be trained not to be achzariyum to the bird in the same way in the shaar and the say we also have to be trained to make sure that we're not going to be achzariyum and therefore ois ha'espinai lo sishlach yadcha don't shachat them on one day because if you shachat them on one day you're becoming the lave of an achzar and you're becoming someone that really has no compassion. Additionally says the Ramban could be the idea shalayatra achzarus achzarus l'achzarim meaning even though we know we're allowed to go ahead and we're allowed to schlepp animals, but at the same time to wipe out an entire min, that's not okay. Even though it was not to schlepp, but don't wipe out a min. And if you're going to go ahead and you're going to you're going to kill the mother and the child. Symbolically you just wiped out entire animals and that's not something that you're supposed to To me the concept of and the concept of are very related to each other in the time of mitzvah. I think they're both the same concept and I have two approaches of how they can be explained, how they can be rationalized. Number one, they're both related to not being cruel towards the animal. Additionally, they're both related to the idea of not wiping out an entire species. Says the Ramban by in Hilchos Gimmel, he also addressed why the Torah said that is so important. It's that we shouldn't schlepp the child in the presence of the mother. Animals are able to experience pain. Said the Rambam in the that animals feel pain if something happens to their children just like humans do. And it's for that reason you have to be sensitive. >> [laughter] >> Says the Ramban that like the Rambam, it It out that the real issur is, don't do something to the child in the presence of the mother, as opposed to don't do something to the mother in the presence of the child. Which would mean, what's the ikar issur? The ikar issur would be oiseh v'esbonai. Not Oh, I'm sorry. The ikar issur would be b'noiva oiseh, not oiseh v'esbonai. So then kein ein ikar issur b'oiseh v'esbonai, rak b'noiva oiseh. Aval kol hakochos, [laughter] but you have to say the reason the Torah said also oiseh v'esbonai and not just b'noiva oiseh was like gazer hakochos b'alma. But says the Ramban, it's not mashma that way. It's not mashma because if p'shutei shel mikra, it's related to not causing the mother the pain of seeing something happening to its child, it should have been b'noiva oiseh versus shochat b'emah. In p'shutei shel mikra, it's out of order. V'oiseh noch and says the Ramban, therefore I think it's more proper in p'shat to say like I'm saying, b'avushla yisach, so you shouldn't come to a middas achzarius. Not so different than what the Rambam's saying, but with a little bit of a different tinge. The bottom line is, the Ramban in p'shutei shel Torah gave us three, it's shtikel nuanced, but three d'rachim, all very similar, to understanding the lav in the Torah of oiseh v'esbonai. In all three, they're all somewhat related to the sensitivity that we have to have towards the animal kingdom. In the Ramban's first p'shat, that to wipe out oiseh v'esbonai is is achzarius. A Yid is not allowed to be an achzar. In the second p'shat, it's ashchasa d'samin. Can't be mashchis d'samin. You have to recognize that Hakadosh Baruch Hu created the b'riah, even though he allows you to have a steak dinner, but at the same time to wipe out a min, that's not something that's okay. And the third, which is really the Rambam, it's more related to the specific pain that the mother has when something happens to the child. Another thing that we saw in the Ramban's p'shat in the Moreh and in the Ramban's first p'shat is that there's some connection, some similarity, between the inyan of shiloach hakan and the inyan of oiseh v'esbonai. I mean the words of the Ramban key I mean one thing that's obvious is the Gamorah's right the abundance of learning that and what do we learn it from? We learn it from the midst of Shiloah half of a fellow right the of the Gamorah is what's the Gamorah saying? That just like whose pain are we sensitive to? We're sensitive to the mother's pain we're not sensitive to the father's pain. It's the pain of the mother that the sensitivity is to. So make sense it's going to be the sensitivity of the mother not the sensitivity of the father that's what it's going to play itself out. But the bottom line is one two three it's all a similar Indian and that is we have to be sensitive sensitive to the animal kingdom. You can't just go ahead and be an even towards animals called true even in the animal kingdom and this is really what the whole idea of to be a notice.