Reader Poll: Does God’s Mercy Extend to the Bird’s Nest?

An excerpt of the Liturgical Poem for Ki Tetzei

Today we ask two simple questions: Does God’s mercy extend to the bird’s nest? And if so, can we acknowledge this in prayer? Right away, my observant (and studied) Rabbanite readers know exactly where this is going. For everyone else, let me start at the beginning.

This year over Labor Day weekend, Jews will be reading Parashat Ki Tetzei, which contains a commandment called “shiluah hakan”. The commandment states that when we encounter a bird’s nest on our path, we cannot take the mother and her eggs (or young children) with her. We must shoo away the mother, before taking the eggs.

Last year, I was in the midst of putting together some learning for the Karaite Jews of America’s 2016 Shabbaton – and at the same time I was proposing to the KJA the idea of doing a set of translations and analyses of the poems of R’ Aaron ben Joseph, who wrote for each of the Torah portions. The Torah portion for that Shabbaton was Ki Tetzei. And I asked Dr. Gabriel Wasserman, who had previously worked on Royal Attire and has since worked on The Palanquin, to do a translation of R’ Aaron ben Joseph’s poem for Ki Tetzei. Gabriel has a PhD in Hebrew poetry, making him the perfect person to work on this book. [1.]

I looked at his initial draft and I was blown away. You see, I had known that R’ Aaron ben Joseph was very familiar with rabbinic literature. In fact, in a previous post, I discussed how R’ Aaron, a Karaite, wrote a poem for Lekh Lekha in which he references the Rabbinic midrash. So, I actually did not know what to expect when I received the draft translation and analysis for Ki Tetzei.

As I scanned the analysis, my eyes immediately fell upon one of Gabriel’s footnote to one of the lines of the poem. The line of poetry reads as follows:

  • Who is like Adonai, whose mercy extends to a bird’s nest, which is encountered on our path?

Gabriel’s note on this reads (in relevant part) as follows:

  • Whose mercy extends to a bird’s nest. This is a reference to the law in Deuteronomy 22:6-7, that if a bird’s nest is “encountered” on one’s day, one must not take the mother bird along with the eggs or young, but rather shoo away the mother before taking them. The poet’s exact language, “[God]’s mercy extends to a bird’s nest”, is a polemic against a Rabbinic statement in Mishna Berakhoth 5:3: “If one says [in prayer]: ‘Thy mercy extends to a bird’s nest’ […], we silence them.” The reason for this statement in the Mishna is unclear; two explanations are presented in the Babylonian Talmud (Berakhoth 33b): either that such a prayer “arousing jealousy in Creation” (that is, challenging God to be as merciful to us as He is to a mother bird), or that it is turning the Torah’s laws into mercy, rather than straight decrees. In any event, Aaron ben Joseph is explicitly using the words that the Mishna says not to use in prayer, as a clear polemic.

Look at that: the same Karaite poet who freely incorporates Rabbanite texts in neutral or positive light is also polemicizing the Rabbanites. To be clear, I have since scanned Gabriel’s notes to all 700 or so lines of R’ Aaron’s parasha poetry, and this is the only line that is a polemic (and as far as I can tell, the only line that would be unacceptable for an observant Rabbanite to say in prayer).

But why did R’ Aharan choose this spot – of all spots – to polemicize. The only reason I can deduce is that there is a general Rabbanite thought (as evidenced in Gabriel’s note above) that God’s laws should not be recast as laws of mercy. And there is a general Karaite thought that this particular law is based on mercy.

For example, R’ Aaron’s predecessor, Judah Hadassi, wrote in Eshkol Hakofer that this commandment was given “in His multitude of mercy” (“Berov Rahamav”). Both H’ Haddasi and R’ Aaron are from Byzantium, so it makes sense that their views are similar. But, as will be seen in The Karaite Press’s forthcoming publication of selected Judeo-Arabic works of Israel Maghribi, even Karaites living in Egypt and writing in Judeo-Arabic viewed this as a law of mercy. (More on this publication in a future posting.)

So, there you have it. I’d like your thoughts.

Does God's Mercy Extend to the Bird's Nest?

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Should we say in Prayer that God's Mercy Extends to the Bird's Nest?

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For those following along with my blog, let’s mark this as Exhibit 32 in why Karaite literature needs to be studied in more detail. And for those of you who are interested, yes, The Karaite Press will publish Gabriel’s entire translation and analysis of R’ Aaron ben Joseph’s poems for each Torah portion. My best guess is that it will be available for Shavuot 2018. It is an amazing journey through Rabbanite, Karaite and Biblical thought. In the meantime, you can hear recordings and see initial translations (with some analysis) here. And you can support The Karaite Press by purchasing works here.

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[1.] Credit must also be given to Hazzan Eli Shemuel, who first conceived of this translation project and provided working translations (without analysis) to the community.


Filed under Aaron ben Joseph, Dr. Gabriel Wasserman, Eshkol Hakofer, Israel Maghribi, Judah Hadassi, Judeo-Arabic

13 Responses to Reader Poll: Does God’s Mercy Extend to the Bird’s Nest?

  1. Isaac s

    The Mishna is merely presenting its individual view that God’s commandments don’t have reasons. However, being that such a thought is merely Hashkafic (philosophical) rather than Halakhic, it is completely acceptable for an observant Orthodox Jew to say that God’s mercy extends to the bird’s nest. This idea is explicitly stated by Maimonides in the The Guide For The Perplexed [part 3 chap. 48].

    • Can they say it in prayer though? The Mishna is talking about silencing those who say it in prayer.

      • Isaac s

        Strangely enough, Maimonides himself states in his “Mishneh Torah” that we may not say it in prayer because the commandment has no reason. Whatever the reason for the contradiction, Orthodox Poskim usually follow the ruling of Mishneh Torah. So if you were to ask an Orthodox Rabbi he probably wouldn’t allow it to be said in prayer. But theoretically, based on what Maimonides himself said in The Guide it should be permitted.

        • The Guide is not really a halachic work, and he makes a lot of non / counter-halachic statements in that book. As far as I recall, it is rabbinical halacha to forbid using that phrase in prayer.

  2. Should prayer be structured and formulated like it was written a couple of thousand years ago by some Hachamim or Rabbis?

    • great question. Most of the Karaite prayer is a collection of biblical passages. The main exceptions are:
      1) 5 Kedushot (poems praising God’s holiness)
      2) a confession (vidui)
      3) a preamble to the Birkat Cohanim.

  3. How many times does the Tanakh mention the word mercy? Although I don’t know the exact number, it has to be several dozen times! The question I ask myself is why wouldn’t the Rabbanites want to highlight Adonai’s mercy? Yes the laws in the Torah are in the form of commands but most are suffused with the idea of mercy. In terms of the explanation (stated in the Talmud) that we are somehow challenging Adonai by saying this in a prayer is preposterous. I think if we look at the plain meaning, the statement is saying that- if Adonai extends mercy to the mother of some birds, how much more will he extend His mercy to us who obey His Law! I think this is where the Talmudist’s just don’t get it. Rather than seeing the beauty of this verse, the interpretation they offer turns legalistic and strips the verse of its true intent.

  4. Glenda McIntyre

    God is merciful and wise. Humans have only gained the wisdom to consider sustainability of food and environment plus animal welfare in very recent history. God’s instruction about the bird’s nest covers both food sustainability and mercy. The mother bird can breed again, thus food sustainability is enabled, plus shooing her away is merciful. It’s a wise, merciful and beneficial instruction from every aspect.

  5. Ana Lopes

    The Tanach states a lot of times that God is merciful, so I think it’s reasonable to believe that His commandments are also full of mercy.

  6. Yaacov

    This is not unusual difference between the Karaites and the Talmudusts. It is the same reason the Talmudists don’t mix meat and milk even though G-d’s restriction is between the mother and its calf only. They do not recognize the concept of mercy while the Karaites do and interpret the restriction as such.

  7. The basis of all Torah rulings (Halakha if you wish to be pedantic) is Mercy, something that cannot be separated from Justice. If we use our God given reason it becomes obvious that Mercy & Justice also apply to how we treat nature and the environment. Why waste time on arguing about whether the Rabbinic or Karaite views on how we should treat Creation are correct, when we can be practicing both Mercy & Justice in being concerned about Climate Change – whether we should use petrol consuming cars, etc; but how many of us are doing this?
    Interestingly, there is an Hadith (saying) relating a story of how the Prophet Muhammad did exactly what the Torah commands regarding a mother bird and her eggs. Did this story originate from the Kara’im as 40% of his first followers were that? I would suggest there is a common origin to both accounts; the Mercy & Justice which is an expression of the Divine image within us all.
    Why do we limit that Mercy & Justice to the past and one tradition? If you care to examine -without prejudice -ALL the World Religions, you will find similar stories and notions. For example Jesus said; “not one bird falls from heaven without your Father in heaven, seeing it.” Why not use our common EMPATHY to work with all such persons and not continually stress our supposed superiority to others?
    To the requisites of Mercy & Justice, I would add Humility, as three essential ingredients of correct living, which qualities are to be found as the BASIS of all the great World Religions teachings and scriptures.
    May that which is beyond all Names, creeds and nationalities – Bless us in our limited endeavours to preserve the Creation that has been entrusted to us!

  8. Your poll didn’t give an option for yes/no, and…

    God’s mercy extends to all of God’s creation, but IMHO a commandment that is followed by something like, “so that you may live long and prosper” isn’t about God’s mercy, it’s about commanding us to act mercifully

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