If a bird's nest chance to be before thee in the way in any tree, or on the ground, whether they be young ones, or eggs, and the dam sitting upon the young, or upon the eggs, thou shalt not take the dam with the young:

If a bird's nest chance to be before thee in the way, in any tree or on the ground, with young ones or eggs, and the dam sitting upon the young, or upon the eggs, thou shalt not take the dam with the young:

If thou find as thou walkest by the way, a bird's nest in a tree, or on the ground, and the dam sitting upon the young or upon the eggs: thou shalt not take her with her young:

If a bird's nest shall chance to be before thee in the way on any tree, or on the ground, whether with young ones, or eggs, and the dam sitting upon the young, or upon the eggs, thou shalt not take the dam with the young:

'When a bird's nest cometh before thee in the way, in any tree, or on the earth, brood or eggs, and the mother sitting on the brood or on the eggs, thou dost not take the mother with the young ones;

If by chance you see a place which a bird has made for itself in a tree or on the earth, with young ones or eggs, and the mother bird seated on the young ones or on the eggs, do not take the mother bird with the young:

If, as you are walking along the way, you find a bird's nest, in a tree or on the ground, and the mother is nurturing the young or the eggs, you shall not take her with her young.

Quum occurrerit tibi nidus avium in via in quavis arbore, aut super terram ubi pulli vel ova, et mater cubet super pullos aut super ova: non accipies matrem cum filiis:

Since by this precept God instructed His people in the, law of kindness, it is a Supplement to the Sixth Commandment. Regard was had, indeed, to the preservation of the breed; but, besides, when birds are sitting, as being very lean, it is certain that they are not wholesome food; still there is no question but that it was God's intention to accustom His people to study humanity. For, if there be one drop of compassion in us, it will never enter into our minds to kill an unhappy little bird, which so burns either with the desire of offspring, or with love towards its little ones, as to be heedless of its life, and to prefer endangering itself to the desertion of its eggs, or its brood. Wherefore, it is not to be doubted but that in this elementary lesson, God prohibited His people from savageness and cruelty.

These precepts are designed to cultivate a spirit of humanity. Compare Deuteronomy 25:4; Leviticus 22:28; and 1-Corinthians 9:9-10.

If a bird's nest chance to be before thee in the way in any tree, or on the ground, [whether they be] young ones, or eggs, and the dam sitting upon the young, or upon the eggs, (e) thou shalt not take the dam with the young:
(e) If God detests cruelty done to little birds, how much more to man, made according to his image?

If a bird's nest chance to be before thee in any tree, or on the ground,.... Which are the usual places in which birds build their nests; and this, as Jarchi observes, excepts such nests that are prepared, that is, that are purposely made for fowls kept at home; and with which agrees the Jewish canon, which says (t)"the letting go (the dam out of) the nest is not used but of a fowl, and it is not used but of what is not prepared; what is that which is not prepared? such as geese and hens, whose nest is in an orchard; but if their nest is in the house, and so doves kept at home, a man is free from letting (the dam) go;''that is, he is not obliged to let it go; and this is to be understood of clean birds only; so the Targum of Jonathan,"the nests of clean birds;''agreeably to the same canons and the explanation of them (u),"an unclean bird is free from letting go; so an unclean bird, that sits upon the eggs of a clean bird, also a clean bird that sits upon the eggs of an unclean bird, are free from letting go,''or persons are not obliged to let such go:
whether they be young ones or eggs; that are in the nest; and the Jewish canon is (w),"if there is but one young one, or one egg, a man is obliged to let go the dam, as it is said a nest: a nest is a word of a large sense:"
and the dam sitting upon the young or upon eggs, thou shalt not take the dam with the young; according to the above canon,"if she is flying at the time her wings reach the nest, a man is bound to let her go; but if her wings touch not the nest, he is free from letting her go--if the young ones are capable of flying, or the eggs rotten, he is free from letting her go, as it is said, and the dam sitting, &c. as the young are alive, so the eggs must be firm and sound, rotten ones are excepted; and as eggs have need of their dam, so the young have need of their dam; those (therefore) that can fly are excepted:''the dam is not to be taken with her young upon any account; yea, it is said (x), not even to cleanse a leper; and whoever does take her is to be beaten: this law was made partly to preserve the species of birds, and prevent the decrease of them; for a dam let go might breed again, and to this purpose are the verses ascribed to Phocylides (y), which contain the substance of this law, and this reason of it: and partly, as Maimonides observes (z), that the dam might not be afflicted at the sight of the spoil of her young; for this law does not prohibit the taking of her in any other place but in her nest, nor after her young are taken, but not together; and, as the same writer remarks, if the law would have such care taken of beasts and birds, that they might be freed from sorrow and distress, how much more of man? Wherefore the intention of this law is to teach humanity, compassion, and pity in men to one another, and to forbid cruelty, covetousness, and such like vices; as also to instruct in the doctrine of Providence, which has a respect to birds; and our Lord may be thought to have this law in view, Luke 12:6.
(t) Misn. Cholin, c. 12. sect. 1. (u) Ib. sect. 2. (w) Ib. sect. 3. (x) Misn. Cholin, c. 12. sect. 5. (y) , &c. Poem. admon. l. 80, 81. (z) Moreh Nevochim, par. 3. c. 48.

If a bird's nest chance to be before thee--This is a beautiful instance of the humanizing spirit of the Mosaic law, in checking a tendency to wanton destructiveness and encouraging a spirit of kind and compassionate tenderness to the tiniest creatures. But there was wisdom as well as humanity in the precept; for, as birds are well known to serve important uses in the economy of nature, the extirpation of a species, whether of edible or ravenous birds, must in any country be productive of serious evils. But Palestine, in particular, was situated in a climate which produced poisonous snakes and scorpions; and the deserts and mountains would have been overrun with them as well as immense swarms of flies, locusts, mice, and vermin of various kinds if the birds which fed upon them were extirpated [MICHAELIS]. Accordingly, the counsel given in this passage was wise as well as humane, to leave the hen undisturbed for the propagation of the species, while the taking of the brood occasionally was permitted as a check to too rapid an increase.