[If] she was flying — as long as her wings touch the nest, he is obligated to send [her] away; [if] her wings do not touch the nest, he is exempt from sending [her] away. [If] there is only one chick or one egg, he is obligated to send away [the mother bird], as it is stated: A nest — a nest in any case. [If] there were fledglings or infertile eggs, he is exempt from sending away [the mother bird], as it is stated: And the mother bird is sitting on the chicks or on the eggs — just as the chicks are viable, so must the eggs be viable, which excludes infertile ones; and just as the eggs need their mother, so do the chickes need their mother, which excludes fledglings. [If] he sent her away and she returned, he sent her away and she returned, even four of five times, he is [still] obligated [to send her away], as it is stated: You shall surely send away. [If] one says, ‘‘I will take the mother bird and send away the young,’’ he is obligated to send away [the mother bird], as it is stated: You shall surely send away the mother bird. [If] he took the young and returned them to the nest, and afterwards the mother bird returned upon them, he is exempt from sending [her] away.

[If] one takes a mother bird while on her young — R’ Yehudah says: He incurs the penalty of lashes, and he need not send [her] away. But the Sages say: He must send [her] away, and he does not incur the penalty of lashes. This is the rule: Any negative commandment that has in it a positive commandment, one does not incur the penalty of lashes for its violation.