Torat Moishe - Moishe's Torah

Parshat Ki Teizei
11 Elul 5770 / August 13 – 14, 2010
Dvarim 22:5 – 25:19

In this week’s parsha I would like to consider why two scenarios are presented next to each other. The verse from Parshat Ki Teitzei are pasted below from Chapter 22. The first case is a prohibition about cross dressing and the second is an obscure law about sending a mother bird away before taking the young birds or eggs. The later mitzvah is known as Shiluach HaKen (שלוח הקן) Sending from the Nest.

5 A woman shall not wear that which pertains unto a man, neither shall a man put on a woman's garment; for whosoever does these things is an abomination unto the LORD thy God. {P}

ה לֹא-יִהְיֶה כְלִי-גֶבֶר עַל-אִשָּׁה, וְלֹא-יִלְבַּשׁ גֶּבֶר שִׂמְלַת אִשָּׁה: כִּי תוֹעֲבַת יְהוָה אֱלֹהֶיךָ, כָּל-עֹשֵׂה אֵלֶּה. {פ}

6 If you happen upon a bird's nest on the way, in any tree or on the ground, with young ones or eggs, and the mother is sitting upon the young, or upon the eggs, thou shalt not take the mother with the young;

ו כִּי יִקָּרֵא קַן-צִפּוֹר לְפָנֶיךָ בַּדֶּרֶךְ בְּכָל-עֵץ אוֹ עַל-הָאָרֶץ, אֶפְרֹחִים אוֹ בֵיצִים, וְהָאֵם רֹבֶצֶת עַל-הָאֶפְרֹחִים, אוֹ עַל-הַבֵּיצִים--לֹא-תִקַּח הָאֵם, עַל-הַבָּנִים.

7 thou shalt let the mother go, but the young thou may take unto thyself; that it may be well with you, and that thou may prolong your days. {S}

ז שַׁלֵּחַ תְּשַׁלַּח אֶת-הָאֵם, וְאֶת-הַבָּנִים תִּקַּח-לָךְ, לְמַעַן יִיטַב לָךְ, וְהַאֲרַכְתָּ יָמִים
.

What might the Torah possibly be teaching us by juxtaposing these two commandments together? I would like to suggest that these two cases provide for an opening to talk about empathy and compassion as human qualities. In the first verse we are prohibited from dressing up like the other gender. Rashi commented that this is purely in the case where dressing up like the other gender is for the purpose of sexual deviance. For example, dressing up like a woman to sneak into the Women’s locker room for voyeuristic escapades. This is very different from a modern woman wearing pants or a transgender male to female wearing lipstick. The ability to assume another’s role or experience is an important piece of expressing empathy. While empathy is one key to human connectivity, complete enmeshment can be harmful. Thus, there are limitations to “walking in another shoes,” that seems to be a good protective measure for our world.

Similarly, shooing away a mother bird and stealing her eggs is not an example of compassion at first glance. But when we consider what a fox might do who happens upon a bird’s nest – goodbye momma bird and so long chickies! Perhaps this commandment gives us pause to recognize our base-animal tendencies and also our ability to act against them. Thus, shooing away momma is perhaps not better then leaving the chicks alone, but it opens the door for choosing with compassion and respect for our involvement in the chain of life.

Many Blessings!
Zvi Bellin, MHHQ