The Torah commands us to send a mother bird away before collecting eggs or chicks from a nest “when you happen upon it along the road” (Deuteronomy 22:6–7). A mishnah on yesterday’s daf offered parameters for this mitzvah:
The mitzvah of sending away the mother bird from the nest applies both in the land of Israel and outside the land of Israel, and in the presence of the Temple and not in the presence of the Temple. It applies to non-sacred birds, but it does not apply to sacrificial birds.
The mishnah limits the mitzvah of shooing away the mother bird to birds that have not been ear-marked for sacrifice. The Gemara’s first question is: Why? The answer is fairly straightforward: Sacrificial birds must be given to the Temple and you can’t give a sacrificial bird to the Temple if you’ve chased it away.
But the language of the commandment in the Torah — “when you happen upon” — makes the Gemara wonder: Under what circumstances would you “happen upon” a sanctified bird, anyway? Rav and Shmuel suggest two possibilities:
Rav says: The mishnah is referring to a case of one who consecrates the chicks of his dovecote, and they later fled and nested elsewhere.
And Shmuel says: The mishnah is referring to a case of one who consecrates his chicken for Temple maintenance, and the chicken later fled its owner’s home and established a nest elsewhere.
In order for the sacrificial animal to be something one “happens upon,” it must be an animal that fled its home. Rav imagines the young chicks fleeing; Shmuel imagines the mother hen flying the coop.
This, in turn, raises another, more basic question: Is a sanctified chicken that has “run away” from home still sanctified?
And Shmuel could have said: Though it has run away, the chicken retains its sanctity, since wherever it is, it is in the treasury of the Merciful One, as it is written: “The earth is the Lord’s, and its fullness thereof” (Psalms 24:1).
A runaway chicken has not lost its sanctity because wherever the chicken has fled, it remains in God’s treasury. After all, “The earth is God’s and all it holds.” Practically, then, the chicken is still consecrated and the commandment to shoo it away doesn’t apply.
Psalm 24, the source of this famous sentiment about God’s ownership of the world, makes a regular appearance in Jewish liturgy. It’s traditionally recited on Sunday, chanted when returning the Torah to the ark during the week and shows up repeatedly during the High Holidays. It is also a key text for many contemporary Jewish ethical positions, including environmental, social and economic justice arguments.
But it’s possible the notion that everything belongs to God has its limits, as this last text from today’s daf demonstrates:
As it was stated: If one declares that these 100 dinars are consecrated for Temple maintenance, and they were stolen or lost, Rabbi Yohanan says: He bears responsibility for them until they come into the physical possession of the Temple treasurer. Consequently, he must pay 100 dinars to the treasury.
But Reish Lakish says: One is not required to replace the lost money, since wherever it is, it is in the treasury of the Merciful One, as it is written: “The earth is the Lord’s, and its fullness.”
If you truly subscribe to the position that everything belongs to God, then any gifts you dedicated to the Temple and subsequently lost need not be replaced — because even if you’ve lost track of them, they are still part of God’s treasury. (At least, according to Reish Lakish.) Needless to say, not everyone agrees: Rabbi Yohanan holds that even though God is master of the world, and the entire world is God’s treasury, a misplaced gift to the Temple ought to be intentionally replaced.
Read all of Chullin 139 on Sefaria.
This piece originally appeared in a My Jewish Learning Daf Yomi email newsletter sent on September 16, 2026. If you are interested in receiving the newsletter, sign up here.
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