Chullin Daf 139 צולין דַף 139

The Mishnah taught that birds which are kodashim are exempt from שילוח הקן, and the Gemara asks what case the Mishnah is discussing. If one was makdish a nest in his house, it is exempt even as chullin, since it is מזומן – prepared. If it was הפקר, he cannot be makdish it. Rav says the Mishnah’s case is במקדיש פירות שובכו ומרדו – where one who was makdish his dovecote’s “produce” (i.e., young doves), and they deserted to the wild and nested elsewhere (thus, they were his when he was makdish them but are no longer מזומן after leaving). Shmuel says the case is במקדיש תרנגולתו לבדק הבית – where one was makdish his hen for Temple upkeep (i.e., קדושת דמים), and then it left and nested elsewhere. Rav holds that only the קדושת הגוף of young doves remains even when they leave, but regarding קדושת דמים, כיון דמרדה פקעה קדושתייהו – once it deserts, its kedushah is voided, and it is obligated in שילוח הקן. Shmuel holds that even when the bird leaves, כל היכא דאיתיה בבי גזא דרחמנא איתא – wherever it is, it is in Hashem’s treasury (i.e., it remains in the possession of hekdesh), because the passuk says לה' הארץ ומלואה – To Hashem’s is the earth and its fullness.

A Baraisa darshens several halachos from the pesukim of שילוח הקן, including the following: the expression שלח תשלח – “you shall surely send away” might lead one to think that יחזור בהרים וגבעות כדי שימצא קן – he should search in the mountains and hills to find a nest to perform שילוח הקן; therefore, the passuk says "כי יקרא" – should [a nest] chance, etc., meaning במאורע לפניך – it applies with [a nest] which occurs before you by chance. "קן" – a nest teaches the mitzvah applies מכל מקום – in any case, even if a nest contains only one chick or egg. The Baraisa includes nests found in trees or pits. "לפניך" – before you is eventually darshened לאתויי שהיו לפניך ומרדו – to include [birds] which were previously “before you” (i.e., yours) and subsequently deserted and nested elsewhere. "בדרך" – on the path teaches Rav’s ruling: מצא קן בים חייב בשילוח – if one found a nest in the sea (e.g., on a tree which was swept out to sea), he is obligated in שילוח, because the Torah used "דרך" in reference to the sea. However, קן בשמים – a nest in the sky (e.g., carried by a bird) is exempt, because "דרך" is not used regarding the sky.

The פפונאי asked Rav Masnah: מצא קן בראשו של אדם – if one found a nest on a person’s head, is it considered a nest in the sky, and exempt? He replied that a passuk says: ואדמה על ראשו – and earth was on his head, using the term "אדמה" (“ground”) even while it is on someone’s head. They asked: משה מן התורה מנין – where is there an allusion to Moshe in the Torah before his birth? He replied with the passuk "בשגם הוא בשר" – inasmuch as he is mere flesh. The word "בשגם" is the gematria of משה, and the passuk says “his days will be one hundred and twenty years,” matching Moshe’s lifespan. They asked further: המן מן התורה מנין – where is there an allusion to המן in the Torah? He replied with "המן העץ" – have [you eaten] of the tree, alluding to the word “Haman.” They asked: אסתר מן התורה מנין? He replied with "ואנכי הסתר אסתיר" – and I shall surely conceal, alluding to the word "אסתר". They asked: מרדכי מן התורה מנין? He replied with "מר דרור" – pure myrrh, which Targum  Onkelos renders "מירא דכיא", an allusion to מרדכי.