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Kinim

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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