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Third Perek, Sixth Mishna, Part 1
Introduction The difficulties with the explanation of this
Mishna given by the Rav are numerous. Virtually all the
commentaries differ with him. We have therefore explained the
Mishna according to Rashi in Maseches Zvochim , daf 67, where
this Mishna is quoted.
Rashi holds the following two principles on which his explanation
is based:
- When a person brings a kain for a neder and a kain for a chova
in one group, the first Olah that is brought applies to the chov.
(Also, if by mistake more than one Chatos was brought, the first
one applies to the chov.)
- When a kain is brought as a neder, both Olos must be of the
same species, as is the case with regard to the Olah and Chatos
of a chov.
Expanded Translation A woman who said "I vow to bring a pair of
birds if I give birth to a son," if she gave birth to a son,
provides two pair of birds, one for her vow and one for her
obligation. She gave them to the Kohain. The Kohain must bring
three birds at the upper part of the Mizbayach as Olos and one
bird at the lower part as a Chatos. He did not do so, rather, he
brought two birds at the upper part and two birds at the lower
part, for he did not consult. She must provide another bird. He
should bring it at the upper part. This applies if she gave one
species to the Kohain.
Case of the Mishna
A woman made a neder to bring two voluntary Olos when she gives
birth, aside from the two birds (Olah and Chatos) which the Torah
obligates her to bring. After giving birth she gave four birds
of the same species to the Kohain. The Kohain mistakenly thought
they were all chovos and brought two as Chato'os and two as Olos.
Result The woman has fulfilled her chov with the first Chatos
and Olah brought. She satisfied one of her obligations of the
two birds of her neder with the second Olah. She has not brought
her second Olas neder, because one bird which should have been
brought as an Olah was brought as a Chatos.
Din The woman brings one more Olah (of the same species she
originally brought). This obligation is a certainty, not a
sofaik. [Diagram 39]
Expanded Translation If the four birds she gave were of two
species, she must now give two.
Case of the Mishna
As above, a woman made a neder to bring two extra Olos when she
gives birth. After giving birth she brought four birds to the
Kohain. However, in this case two were torim and two were bnai
yonah. The Kohain, thinking they were both chovos, brought the
torim as a Chatos and an Olah and the bnai yonah as a Chatos and
an Olah. He does not remember which species he brought first.
Result The woman successfully brought the Chatos and Olah of
her chov with whichever pair of birds was brought first. She
also brought one of her Olos of neder. She is obligated to bring
both Olos neder from the same species, but she does not know
which species her first Olas neder was.
Din The woman brings two more Olos, one a tor and one a ben
yonah. That she must bring another Olah is a certainty, but each
of these two individually is a sofaik. [Diagram 40]
Reason
If she brings only one Olah it might not match the Olah
she already brought. She can be sure her two Olos neder will
match only if she brings both a tor and ben yonah.
Expanded Translation If she specified the species of the birds
of her vow she must provide three more birds, if all four birds
she gave were of the same species.
Case of the Mishna
A woman made a neder to bring a pair of Olos of a specific
species when she gives birth, aside from her chov. After giving
birth she brought four birds of the same species, let us say
torim, to the Kohain. The Kohain mistakenly brought them as two
Chato'os and two Olos, as if they were two pair of chovos. Then
the woman realized that she might have originally specified bnai
yonah as the species of her neder. Thus, the torim she gave the
Kohain would not have fulfilled her neder even if they had been
brought properly.
Result The woman successfully brought her Chatos and Olah of
chov. If she originally specified torim for her neder, she
brought one Olah of her neder. If she originally specified bnai
yonah, she did not fulfill any of her neder.
Din The woman brings one tor as an Olah, in case she specified
torim and thus already brought one of her nedarim. She also
brings two bnai yonah as Olos in case she originally specified
bnai yonah as her neder. [Diagram 41]
Expanded Translation If the four birds she gave were of two
species, she must now provide four.
Case of the Mishna
As above, the woman stated that she will bring two birds of a
certain species as a neder upon giving birth. After giving birth
she brought two torim and two bnai yonah to the Kohain. The
Kohain brought each species as a Chatos and an Olah. The woman
does not recall which species she specified to bring as her
neder.
Result Either the Kohain brought the torim first and the bnai
yonah second, or the bnai yonah first and the torim second.
Whichever pair was brought first satisfied her chov. Of the pair
brought second, the Chatos is possul, because she has no further
requirement to bring a Chatos. The Olah of the pair brought
second fulfills part of her neder, if it is the species she
specified in her neder.
Din She brings an additional two torim and two bnai yonah as
Olos.
Reason She must bring two more torim in case her neder
specified torim and the pair brought second was bnai yonah. She
must bring two more bnai yonah in case her neder specified bnai
yonah and the pair brought second was torim. [Diagram 42]
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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