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Second Perek, Fifth Mishna
Expanded Translation
One or more Chatos birds were standing
here, say on the right, and one or more Olah birds were here, say
on the left, and an undesignated pair was in the center. If each
bird of the undesignated pair in the center flew to the sides,
one to this side and one to that side, it causes no loss, but say
that this bird that went with the Chato'os should be brought as a
Chatos, and this bird that went with the Olos should be an Olah.
Example of the Case of the Mishna
First two stumos in the center join a group of Chato'os and a
group of Olos, respectively. This is not a problem, since one of
the stumos was supposed to be brought as a Chatos and one as an
Olah. [Diagram 30]
Din
All the birds may be brought.
Expanded Translation
If then a bird flew to the center from
each side, and they became mingled with each other, the birds in
the center must be left to die. These birds on the Chatos side
should be brought as Chato'os and these birds on the Olah side
should be brought as Olos.
Example of the Case of the Mishna
(Continuation of the Previous Case)
Then a bird from the Chatos side and one from the Olah side
rejoin in the center . [Diagram 31]
Result and Din
Each of the two birds in the center might be a
designated Chatos, a designated Olah, or a stuma. Therefore,
those two may not be brought. The rest of the birds are brought
as Chato'os and Olos, respectively.
Expanded Translation
The Tosfos Yom Tov states that the Rav did not have "oh
sheporach" in his text, as the language is repetitious. The
translation of the sentence is, thus:
If a bird then flew back to each side from the center, they must
all be left to die.
Example of the Case of the Mishna
(Continuation of the Previous Case)
Then the birds in the center fly to the side groups.
Din
None of the birds may be brought.
Reason
Once birds from the Chatos and Olah groups on the sides
fly to the center and back to the sides, both side groups could
contain a mixture of birds designated as Chato'os and Olos. No
birds may be brought from such a mixture. [Diagram 32]
Alternative Text of the Mishna
The Tosfos Yom Tov includes the words "oh sheporach" in the
Mishna. He translates the Mishna:
If a bird then flew back to each side from the center, or a bird
flew from the center to one side and from there to the other
side, they must all be left to die.
Case of the Mishna (According to the Tosfos Yom Tov)
One bird from each group had returned to the center. At that
point, the two birds in the center were disqualified, and the
remaining Chato'os and Olos may be brought. Then one of the
disqualified birds in the center flies to one side, and from
there to the other side. (Of course, we are not sure that it was
the same bird or another that flew from one side to the other.)
Din
None of the birds is brought.
Reason
Any one of the birds on either side could be a
designated Chatos or a designated Olah. [Diagram 33]
Expanded Translation
One cannot bring a tor as an Olah to
correspond with a ben yonah that was brought as a Chatos or a ben
yonah as an Olah to correspond with a tor brought as a Chatos.
The Chatos and Olah must be the same species. For example, if a
woman brought a tor for her Chatos and mistakenly brought a ben
yonah for her Olah she should repeat by bringing a tor as her
Olah. Even if she first brought a tor for her Olah and then
mistakenly brought a ben yonah for her Chatos, she should repeat,
bringing a ben yonah as her Olah. The Olah must match the Chatos
regardless which was brought first. Ben Azai says we go
according to the first species that was brought, regardless
whether it was the Olah or the Chatos. The second bird must be
the same species as the first.
If a woman who was obligated to bring a Chatos and Olah brought
her Chatos and died, her heirs shall bring her Olah. If she
brought only her Olah and then died, her heirs may not bring her
Chatos. A Chatos can never be brought on account of the
obligation of someone who has died.
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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