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Second Perek, First Mishna
Expanded Translation
If a bird flew away from a kain stuma of
two birds and got lost, or flew among birds that are possul, and
must, therefore, be left to die, or if one of the pair died, the
owner should take another bird as a match for the remaining
second bird.
If the bird flew into another group of kinim stumos that are
going to be brought as korbonos, it is disqualified from being
brought. That is to say, any one bird in the now larger group is
disqualified. And the bird that flew out also disqualifies
another bird corresponding to itself in the group from which it
flew.
Comment
When the Mishna says that the bird that flew in is
possul it means that one bird of the group may not be brought.
In saying that the bird that is possul is the one that flew in,
the Mishna is speaking figuratively. At this point in the case
the bird that flew in can no longer be identified.
Example of the Case of the Mishna
A bird from Rochel's kain of two birds flies into and becomes
mingled with Leah's kain. All four birds are stumos.
Result
Rochel is left with one bird and Leah has three.
Din
The Kohain can bring any two birds, one as a Chatos and one
as an Olah.
Reason
If the Kohain brought Rochel's remaining bird as a
Chatos he may not bring any other bird as a Chatos, because it
might be the bird that flew out of Rochel's kain. He should
bring one Olah. However he may not bring another Olah, because
the two Olos might belong to Leah. The analogous reasoning
applies if Rochel's remaining bird is brought as an Olah.
[Diagram 5]
Text © 1997 Rabbi Menachem Moshe Oppen and Project Genesis, Inc. Feedback is appreciated! It can be sent to: oppen@torah.org.
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