Birds often nest on home balconies, windows, or on air-conditioning units attached to the outside walls of a house. Since these places are within one’s domain and one’s courtyard may acquire the nest for him, may he now properly declare it ownerless so that it will not belong to him and he can fulfill the mitzvah of sending away the mother bird?
If the nest is in a place that is not secured, such as on the outside of an air-conditioning unit, on an exterior windowsill, or in a hole in a wall facing the public domain, the mitzvah of sending away the mother bird applies, because the courtyard does not acquire it.
If the nest is inside a courtyard or balcony in a manner that is protected by a fence or the like, a person may state before the eggs are laid that he does not wish to acquire them; this declaration enables him to fulfill the mitzvah.
If he made no such declaration, the halachic authorities disagree. It appears that Maran Rabbi Ovadia Yosef, of blessed memory, inclined to permit fulfilling the mitzvah in this case. His reasoning was apparently that everyone knows a person today does not want pigeons, eggs, or chicks on his balcony or windowsills, and therefore does not wish to acquire them.
This response was translated automatically from Hebrew and has not yet been reviewed by a person. It may therefore contain inaccuracies and should not be considered a definitive reference.
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