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The Ramban Rewind: Animal Rights with a "Frum" Conscience

  • Writer: R' Eman Chayim
    R' Eman Chayim
  • Sep 4, 2025
  • 3 min read

Updated: Sep 5, 2025

Devarim 22:6:

“If, along the road, you chance upon a bird’s nest, in any tree or on the ground, with fledglings or eggs and the mother sitting over the fledglings or on the eggs, do not take the mother together with her young.”


At first glance, this mitzvah of sending the mother bird away seems to highlight Divine compassion. One might awaken the inner animal rights activist inside her and be quick to proclaim, “Look how much Hashem cares about animals, we should too!”

 

Indeed, the Ramban quotes the Rambam (Moreh Nevuchim) who explains that this mitzvah is intended to prevent the emotional pain the mother bird would feel seeing her young taken away. It appears to be about cultivating mercy within us.

 

Mercy or Verbal Misstep?

 

And yet, the Mishna explains that one who praises God that “Your mercy is extended to a bird’s nest” should be silenced. What is going on?

 

Ramban, in his classically simple and blunt way, points out the blaring issue. If God’s intention is to be merciful on animal life, why in the world does he allow us to take a knife to the neck of that same bird and kill it for our bodily urge of hunger? Isn’t taking its life far worse than taking its children?

 

There is obviously some nuance here and from that nuance we can get a humbling fundamental point. This forces us to look deeper. The issue isn’t the idea of mercy but pretending we understand the mind of God. What happens when we don’t see the mercy in a Divine mitzvah? Does that shake our faith in its truth or hidden Mercy?


Divine Decrees Beyond Human Logic

 

Philosophically speaking, When it comes to understanding Hashem’s essence it is very clear that no human can ever fathom Hashem’s thoughts. On a deeper level, to even say that Hashem has actual thoughts is blasphemous, as it goes against the infinite transcendent unity that defines Him. Yes, the Torah talks about Hashem’s thoughts and mercy, but it also says Hashem has hands and feet as well.  but these are metaphors. God is beyond human categories.Claiming we “understand” His motivations flattens the infinite into something digestible and that's dangerous ground.

 

In quoting Talmud Brachot, Ramban explains the idea that the mitsvot are Divine decrees, and we have to accept the fact that we will never know the true reason for why the way things are from God’s perspective.


Refinement Over Rationalization


Yet, just because we can’t claim to grasp the mitzvah’s ultimate reason, doesn't mean there’s nothing to learn from it. Mitzvot shape our character. In this case, the Torah is clearly training us to be sensitive, to restrain our impulses, and to recognize the pain of other living beings, even animals,  and even when you have permission to take the eggs or baby bird.


And modern research affirms the importance of refraining from purposely causing pain to animals . Since the 1970s, studies have shown a strong link between childhood cruelty to animals and future violent or antisocial behavior. The Torah’s instructions for us once again proves timeless.

 

We Are Not the Judges of Hashem


In the end, we are not here to determine when God is or isn’t being merciful. Even if a mitzvah feels harsh or confusing, our human perception doesn’t invalidate the Divine command importance.


Still, we are responsible for what the mitzvot teach us. They are not just religious obligations without any intellectual understanding but messages for personal spiritual growth from our perceived understanding.


Superiority with Discipline


Hashem gave humanity superiority over animals but not unchecked power. We are called to direct the world towards tikun olam, but to do so with the Torah’s standard of humility, responsibility, and ethical sensitivity.


The mitzvah of shiluach haken doesn’t ask us to praise God’s virtues only when they align with our own values. It challenges us to open ourselves, to refine our character through messages of restraint and empathy, especially when they demand growth, especially in areas we might resist.

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