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Ki Seitzei

Send Forth

שַׁלֵּחַ תְּשַׁלַּח אֶת־הָאֵם וְאֶת־הַבָּנִים תִּקַּח־לָךְ

אִם שִׁלַּחְתָּ מִצְוַת הַקֵּן, אַתְּ זוֹכֶה לְשַׁלֵּחַ עֶבֶד עִבְרִי

There are many Mitzvos discussed in Parshas Ki Seitzei, some of which appear elsewhere in the Torah, but many of which do not. Among those that are mentioned for the first time, we find the Mitzvah of שִׁלּוּחַ הַקֵּן.

The Torah tells us: כִּי יִקָּרֵא קַן־צִפּוֹר  לְפָנֶיךָ בַּדֶּרֶךְ...לֹא־תִקַּח הָאֵם עַל־הַבָּנִים. If we encounter a bird’s nest along our travels, we are not to take the mother bird along with its offspring. Rather, שַׁלֵּחַ תְּשַׁלַּח אֶת־הָאֵם וְאֶת־הַבָּנִים תִּקַּח־לָך, the Mitzvah is to send the mother bird away and then take the eggs or chicks out. The Passuk ends with the words לְמַעַן יִיטַב לָךְ וְהַאֲרַכְתָּ יָמִים, telling us that one who accomplishes this Mitzvah is rewarded with a long life. This Mitzvah is unique in many ways, but it is especially notable that the שְׂכַר is explicitly mentioned in the Torah, which is uncommon.

Rashi, here, explains why the שְׂכַר for this Mitzvah is mentioned explicitly: אִם מִצְוָה קַלָּה שֶׁאֵין בָּהּ חֶסְרוֹן כִּיס אָמְרָה תוֹרָה לְמַעַן יִיטַב לָךְ וְהַאֲרַכְתָּ יָמִים, קַל וָחֹמֶר לְמַתַּן שְׂכָרָן שֶׁל מִצְווֹת חֲמוּרוֹת. We are meant to realize that if a מִצְוָה קַלָּה, which has no cost, carries a reward of לְמַעַן יִיטַב לָךְ וְהַאֲרַכְתָּ יָמִים, other more difficult Mitzvos even more so.

The words of Rashi are based on a Mishnah in Chulin, but there is a simple question that must be asked: why did the Torah choose שִׁלּוּחַ הַקֵּן specifically to teach this lesson? There are many Mitzvos which can be categorized as אֵין בָּהּ חֶסְרוֹן כִּיס, why is it this Mitzvah specifically that is used for the קַל וָחֹמֶר? We must understand that every מִצְוָה קַלָּה includes great rewards and would therefore be appropriate to teach this lesson—if שִׁלּוּחַ הַקֵּן is unique in this regard, there really is no קַל וָחֹמֶר—why then is this Mitzvah singled out in this way?

As we think about the שְׂכַר related to the Mitzvah of שִׁלּוּחַ הַקֵּן, it must be noted that Chazal discuss other ways in which one is rewarded for doing this Mitzvah as well.

For example, the Medrash here tells us: רַבָּנָן אָמְרֵי אִם שִׁלַּחְתָּ מִצְוַת הַקֵּן, אַתְּ זוֹכֶה לְשַׁלֵּחַ עֶבֶד עִבְרִי. If one is מְקַיֵּם the Mitzvah of שִׁלּוּחַ הַקֵּן properly, he will then be Zoche to fulfil the Mitzvah of sending forth an עֶבֶד עִבְרִי. This Memra is based on a Drasha linking the words שַׁלֵּחַ תְּשַׁלַּח used here to the words וְכִי תְשַׁלְּחֶנּוּ חָפְשִׁי מֵעִמָּךְ used in Parshas Re’eh in regards to the עֶבֶד עִבְרִי.

This Medrash certainly requires explanation: what is the Zechus in performing the Mitzvah of שִׁלּוּחַ עֶבֶד עִבְרִי such that it is a reward for doing שִׁלּוּחַ הַקֵּן? The Torah makes it clear that one receives significant שְׂכַר for this Mitzvah, לְמַעַן יִיטַב לָךְ וְהַאֲרַכְתָּ יָמִים, how does the Zechus of performing שִׁלּוּחַ עֶבֶד עִבְרִי fit this rubric?

This question is magnified by the fact that there are other rewards mentioned in the Medrash that seem more in line with the words לְמַעַן יִיטַב לָךְ.

For example, earlier, the Medrash tells us: יֵשׁ מִצְווֹת שֶׁמַּתַּן שְׂכָרָהּ עשֶׁר, וְיֵשׁ מִצְווֹת שֶׁמַּתַּן שְׂכָרָהּ כָּבוֹד בָּנִים, some Mitzvos are rewarded with riches and some with fame, but the שְׂכַר for שִׁלּוּחַ הַקֵּן is different: אִם אֵין לְךָ בָּנִים אֲנִי נוֹתֵן לְךָ בָּנִים. The words שַׁלֵּחַ תְּשַׁלַּח אֶת־הָאֵם, which represent this Mitzvah, are followed by the words וְאֶת־הַבָּנִים תִּקַּח־לָך, indicating that one who does this Mitzva is rewarded with offspring.

The words אִם אֵין לְךָ בָּנִים אֲנִי נוֹתֵן לְךָ בָּנִים certainly represent a more significant reward, which can easily be defined as a fulfilment of the words לְמַעַן יִיטַב לָךְ. How does the שְׂכַר mentioned later in the Medrash, אַתְּ זוֹכֶה לְשַׁלֵּחַ עֶבֶד עִבְרִי, compare?

To answer these questions, it would seem that we must better understand the Mitzvah of שִׁלּוּחַ עֶבֶד עִבְרִי.

The Dinim of עֶבֶד עִבְרִי are discussed twice in the Torah, once in Parshas Mishpatim and then again in Parshas Re’eh. In Parshas Mishpatim the Torah tells us שֵׁשׁ שָׁנִים יַעֲבֹד וּבַשְּׁבִעִת יֵצֵא לַחׇפְשִׁי חִנָּם, seemingly indicating that the עֶבֶד עִבְרִי leaves after six years with no recompense. In Parshas Re’eh the Passuk begins similarly, וַעֲבָדְךָ שֵׁשׁ שָׁנִים וּבַשָּׁנָה הַשְּׁבִיעִת תְּשַׁלְּחֶנּוּ חׇפְשִׁי מֵעִמָּך, but then adds an element: וְכִי־תְשַׁלְּחֶנּוּ חׇפְשִׁי מֵעִמָּךְ לֹא תְשַׁלְּחֶנּוּ רֵיקָם. The Mitzvah of שִׁלּוּחַ עֶבֶד עִבְרִי has two parts: sending the עֶבֶד עִבְרִי away at the end of his term, and הַעֲנָקָה, or gifting the former עֶבֶד upon his departure.

The Mitzvah of הַעֲנָקָה is open-ended, the Torah only tells us to give generously, הַעֲנֵיק תַּעֲנִיק לוֹ מִצֹּאנְךָ וּמִגׇּרְנְךָ וּמִיִּקְבֶךָ, but is still a major portion of the Mitzvah of שִׁלּוּחַ עֶבֶד עִבְרִי , discussed at length in the Gemara and Poskim. If so, when the Medrash says that one who does שִׁלּוּחַ הַקֵּן will be Zoche to be מְקַיֵּם the Mitzvah of שִׁלּוּחַ עֶבֶד עִבְרִי , it is in affect referring to the Mitzvah of הַעֲנָקָה as well. How can we perhaps understand this? What is the significance of הַעֲנָקָה, to the extent that one would wish to be Zoche to fulfil this Mitzvah, and how is it related to שִׁלּוּחַ הַקֵּן?

After discussing the Mitzvah of הַעֲנָקָה, the Torah adds another Passuk: וְזָכַרְתָּ כִּי עֶבֶד הָיִיתָ בְּאֶרֶץ מִצְרַיִם וַיִּפְדְּךָ ה' אֱלֹקיךָ עַל־כֵּן אָנֹכִי מְצַוְּךָ אֶת־הַדָּבָר הַזֶּה הַיּוֹם. In freeing the עֶבֶד עִבְרִי , we are meant to recall that we were once עֲבָדִים, until HKBH redeemed us. It is, of course, important to remember from whence we came, but it is difficult to understand why the Torah mentions this here, when speaking about the עֶבֶד who has already been freed and not earlier.

The Medrash Lekach Tov offers a Drasha that can answer this question: מָה בְּמִצְרַיִם נָתַתִּי לְךָ בְּרֹחַב יָד אַף אַתָּה תִּתֵּן לוֹ בְּרֹחַב יָד. Just like we left Mitzrayim בִּרְכֻשׁ גָּדוֹל, we must ensure that the עֶבֶד עִבְרִי is well appointed when he leaves our homes. The words וְזָכַרְתָּ כִּי עֶבֶד הָיִיתָ בְּאֶרֶץ מִצְרַיִם therefore belong here, because it is when one is involved in שִׁלּוּחַ עֶבֶד עִבְרִי that this lesson is important.

Perhaps this element of the Mitzvah of הַעֲנָקָה can help us understand its significance.

The Imrei Chaim of Vitznitz notes that there were two times that Bnei Yisroel were enriched: once while we were still in Mitzrayim, when we took items from the Mitzriyim, a bounty known as בִּזַּת מִצְרַיִם, and once after קְרִיאַת יַם סוּף, when we recovered riches in a haul known as בִּזַּת הַיָּם. The Medrash, however, uses the words בְּמִצְרַיִם נָתַתִּי לְךָ בְּרֹחַב יָד , seeming to refer to בִּזַּת מִצְרַיִם specifically, as opposed to בִּזַּת הַיָּם. This, explains the Imrei Chaim, is related to the difference between the two.

The Passuk in Parshas Bo tells us that Hashem said to Moshe: דַּבֶּר־נָא בְּאׇזְנֵי הָעָם וְיִשְׁאֲלוּ אִישׁ  מֵאֵת רֵעֵהוּ וְאִשָּׁה מֵאֵת רְעוּתָהּ כְּלֵי־כֶסֶף וּכְלֵי זָהָב. Rashi there notes, אֵין נָא אֶלָּא לְשׁוֹן בַּקָּשָׁה, indicating that it was necessary for Moshe to urge Bnei Yisroel to borrow the items that were to become בִּזַּת מִצְרַיִם. Later, in Parshas Beshalach, the Passuk tells us: וַיַּסַּע מֹשֶׁה אֶת־יִשְׂרָאֵל מִיַּם־סוּף וַיֵּצְאוּ אֶל־מִדְבַּר־שׁוּר, and Rashi tells us הִסִּיעָן בְּעַל כָּרְחָם—the word וַיַּסַּע indicates that Moshe had to force Bnei Yisroel to leave the יַם סוּף against their will. This, Rashi continues, was because they were involved in harvesting בִּזַּת הַיָּם.

It emerges that Bnei Yisroel were reluctant to enrich themselves, and Moshe had to entreat them, while the opposite was true when it came to בִּזַּת הַיָּם, where they had to be forced to leave.

This, explains the Imrei Chaim, is part of the human condition. If a person is not involved in material needs, in the trappings of this world, he will be reluctant to take part—the draw for wealth is not that strong and he is more likely to avoid it. Once he has tasted success and become more accustomed to comfort, the pull toward amassing more wealth is stronger and harder to resist.

It was for this reason that Bnei Yisroel were reluctant to participate in בִּזַּת מִצְרַיִם—they were עֲבָדִים accustomed to a life of paucity, and the gold and silver held little attraction to them. By the time they reached the יַם סוּף, however, they were in a different position: having been enriched by בִּזַּת מִצְרַיִם, the תַכְשִׁיטֵי זָהָב וָכֶסֶף וַאֲבָנִים טוֹבוֹת that Rashi tells us lay on the shores, were much more attractive and they had a hard time leaving.

It is this reality, explains the Imrei Chaim, that the Torah alludes to in connection to the Mitzvah of הַעֲנָקָה.

When a person is sening their עֶבֶד עִבְרִי free, he has a choice: the Mitzvah of הַעֲנָקָה is open-ended, there is no set value. The person can therefore be generous or stingy of his own accord. The Torah therefore tells us: מָה בְּמִצְרַיִם נָתַתִּי לְךָ בְּרֹחַב יָד אַף אַתָּה תִּתֵּן לוֹ בְּרֹחַב יָד. We are to remember the times of בִּזַּת מִצְרַיִם, when material wealth was less important to us, when Moshe had to convince us to take gold and silver from our neighbors. It is that spirit of detachment from wealth that a person is meant to recall when deciding how to fulfil this Mitzvah. If we connect back to the time of דַּבֶּר־נָא בְּאׇזְנֵי הָעָם , when כְּלֵי־כֶסֶף וּכְלֵי זָהָב were less important to us, we will easier be able to act with generosity towards the עֶבֶד עִבְרִי as he leaves our home.

Perhaps this is the lesson of the Medrash with regard to שִׁלּוּחַ הַקֵּן.

If we think about it, the Torah is issuing a tall order: we do not remember בִּזַּת מִצְרַיִם, the owner of this עֶבֶד עִבְרִי may have lived his whole life in luxury, but the Torah asks him to act as if כְּלֵי־כֶסֶף וּכְלֵי זָהָב are unimportant. In this way, the Mitzvah of הַעֲנָקָה is almost beyond human nature.

The Medrash therefore tells us the secret: אִם שִׁלַּחְתָּ מִצְוַת הַקֵּן, אַתְּ זוֹכֶה לְשַׁלֵּחַ עֶבֶד עִבְרִי.

As the Mishna tells us, the Mitzvah of שִׁלּוּחַ הַקֵּן does not require חֶסְרוֹן כִּיס; there is no out-of-pocket cost. It does, however, require a person to put aside his immediate desires. If a person comes upon an ownerless nest that has both a mother and her eggs, he may want to take both, but the Torah tells him not to: לֹא־תִקַּח הָאֵם עַל־הַבָּנִים. He must send the mother away, and only then may he take the eggs.

We may see this as a small action; it doesn’t cost money, but it can have major repercussions. By passing up part of the opportunity presented by the nest, a person begins to train himself to resist material gain. Even the smallest amount of restraint affects a person, releasing him from the bonds of desire, if even in the tiniest way.

The Medrash it not making a promise, then, but a prediction: אִם שִׁלַּחְתָּ מִצְוַת הַקֵּן, אַתְּ זוֹכֶה לְשַׁלֵּחַ עֶבֶד עִבְרִי. The Mitzvah of שִׁלּוּחַ עֶבֶד עִבְרִי is not easy to properly fulfil—the mindset required to properly be מְקַיֵּם the Mitzvah of הַעֲנָקָה is hard to achieve. But if we start small, by doing the Mitzvah of שִׁלּוּחַ הַקֵּן, we will one day reach the level necessary for the Mitzvah of הַעֲנָקָה .

Perhaps we can understand the statement of the Mishna based on this idea.

אִם מִצְוָה קַלָּה שֶׁאֵין בָּהּ חֶסְרוֹן כִּיס אָמְרָה תוֹרָה לְמַעַן יִיטַב לָךְ וְהַאֲרַכְתָּ יָמִים, קַל וָחֹמֶר לְמַתַּן שְׂכָרָן שֶׁל מִצְווֹת חֲמוּרוֹת

The שְׂכַר of שִׁלּוּחַ הַקֵּן is not only a long life, and the Zechus of children, but the affect that it has on us: by doing this small Mitzvah, we can begin affect a mindset that might otherwise be out of reach. If this is true of a מִצְוָה קַלָּה such as this, it is true of all Mitzvos. We must not only look at the material שְׂכַר that a Mtizvah holds, but also at the way that it can affect us, changing us for the better and allowing us to grow close to Hashem—the ultimate definition of the words לְמַעַן יִיטַב לָךְ.