Encouraging Nesting for the Purpose of Fulfilling the Mitzvah of Shiluach HaKen
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Question
Is it permissible to encourage birds to nest in my garden with the intention of performing the mitzvah of Shiluach HaKen by declaring the nest ownerless? If so, how should one properly declare it ownerless according to Halacha?
Answer
Shalom Rav
You are permitted to encourage nesting by creating a suitable place for the purpose of fulfilling the mitzvah.
In order to perform the mitzvah properly, the nest must be ownerless and not in anyone's possession. Therefore, you should declare that you do not intend to acquire the nest that the birds will build there.
You can also declare the place of the nest, such as the dovecote you will build, ownerless before the birds begin to nest there, so the nest will not be yours.
Source
Shulchan Aruch, Yoreh De'ah, Siman 292