Summary


We learned in the Mishnah (044): “If he prepared them inside the nest and found them in front of the nest [on the little porch], they’re forbidden.”
Suggestion: It would seem that this is proof to Rabbi Chanina (044).Rabbi Chanina: When there is a conflict between Rov [majority] and Karov [nearby], we follow Rov.
Abayye: On the platform [since there is a small platform, passing birds tend to alight there and they are all considered ‘nearby’].
Rava: The Mishnah is discussing a case of a double decker dovecote. [It is thus no longer a question of Rov vs. Karov, rather of Karov vs. Karov since the other birds may have come from the next level which is also Karov]. And this is true whether the designated birds were on the lower level where we merely assume those of the upper level came down, or even if the designated birds were on the upper level, we assume the other birds crept up.
If he prepared them inside the nest and found them in front of the nest, they’re forbidden. If no other nests are nearby, they’re permitted.
Question: What are we discussing here? If these are birds that can fly, then why should we reject the possibility that these birds arrived from elsewhere even if there are no other nests in the vicinity?We must assume then, that we’re discussing birds that cannot fly. If so, we have a rule stated by Mar Ukva bar Chama: Young birds [which are not yet capable of flying] cannot hop further than fifty amos. So if there’s a nest within fifty amos, they’re capable of hopping, if not, it is certainly permitted!
Response: It could be that there is a nest within fifty amos and the birds are still permitted. Young birds will not leave the line of sight of their nest, thus, even if there is a nest within fifty amos, if it is around the corner, it is considered ‘not in the vicinity’ and the birds remain permitted. 
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