Reference for Chullin 280:47

מדלא כתיב יושבת

It is indeed more logical to argue thus, for if you were to hold that when perched upon the branches of a tree one is not bound [to let her go], then the Tanna, in place of the case 'If she was hovering over the nest, even though her wings touch the nest, one is not bound to let her go', should rather have taught the case where she was perched upon the branches of a tree, and it would go without saying that where she was hovering [over the nest one is not bound to let her go!]<span class="x" onmousemove="('comment',' If where she was perched the whole time directly over the nest the law of 'letting the dam go' does not apply, how much less where she was hovering over the nest!');">²¹</span>

Rashi on Deuteronomy

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