Comment

This Mishna gives another example of porach l'bain hakraivos.

Expanded Translation

What is an example of the consequences of a bird's flying from one group to another? Two women each have two kinim that are stumos. One bird flew from this group to the other group, leaving three birds in the first group and five in the second. When it leaves it disqualifies one pair from the number of pairs that can be brought from the first group.

Comment

In the language of this Mishna, when a bird flies from Rochel's group posail echod, one kain (two birds) become possul. Thus, echod in Mishna Bais means kain echod, one pair (or two birds), while in Mishna Alef, echod means one bird. This is the Rosh's interpretation of the language of the Mishna. The Rav interprets echod consistently in both Mishnayos. We have followed the Rosh's understanding of the language because it is less complex to explain the Mishna using his approach. The Rav and Rosh do not disagree on the din. They only take two different approaches to the explanation.

Example of the Case of the Mishna

Rochel and Leah both started with two kinim stumos. One bird flew from Rochel to Leah.

Result

Leah now has five birds and Rochel three.

Din

Leah brings two pair, as she would have if the birds had not mingled. The number of pairs that Rochel now brings is reduced from two to one.

Reason

If Leah brings all five birds, three will be Olos or three will be Chato'os. But Leah may not bring three Chato'os or Olos because they might be three of her original four birds.

Rochel may not bring two of her remaining three birds as Chato'os because Leah might have brought Rochel's missing bird as a Chatos. Nor may Rochel bring two Olos because Leah might have brought Rochel's missing bird as an Olah. [Diagram 6]

Expanded Translation

A bird returns (not necessarily the newcomer) from the second group to the first. Its return disqualifies one pair from the second group.

Example of the Case of the Mishna

In the previous case, Rochel and Leah each had two kinim stumos. One bird flew from Rochel's group to Leah's leaving Rochel with three birds and Leah with five. In the present case after that bird flies from Rochel's group to Leah's, a bird flies back from Leah's group to Rochel's.

Result

Rochel and Leah each have four birds, as they did to start. But only three of the four birds that Rochel now has are known with certainty to be birds she started with. Similarly, only three of Leah's four birds are known to be originally hers.

Din

Rochel brings one Chatos and one Olah. Leah also brings one Chatos and one Olah. The remaining four birds are not brought. That is, the number of pairs that Leah can bring is reduced from two to one as the result of a bird's flying from that group. (In the previous case, the number of pairs to be brought from Rochel's group was reduced by one when a bird left that group.)

Reason

After Rochel and Leah each bring one Chatos and one Olah, Rochel cannot bring a second Chatos for perhaps the bird that flew out of her group was brought by Leah as a Chatos. That is, three of Rochel's birds would have been brought as Chato'os, two by Rochel, and one by Leah. But not more than two of Rochel's birds are permitted to be Chato'os. Rochel cannot bring two Olos for the analogous reason.

Leah is limited in the same way as Rochel for the same reasons. [Diagram 7]

General Principle Implied by This Mishna

A bird flying out of a group reduces by two the number of birds that can be brought as korbonos from that group. We lose one potential Chatos, because the leaver might be brought as a Chatos, and we lose one potential Olah because the leaver might be brought as an Olah. This applies in the cases of both porayach, the initial flight of a bird from one group to another, and chozair, where a bird flies from the second of these groups to the first.

Despite this rule, however, a minimum number of korbonos can always be brought. The minimum is the number that are brought from two groups that become totally merged. This is exemplified in the next case.

Expanded Translation

If a bird or birds continue to fly back and forth, they do not cause any further loss, because even if all of both groups became mingled, the number of kinim brought is not less than two.

Example of the Case of the Mishna

Rochel and Leah each had two kinim stumos. Birds flew back and forth between Rochel and Leah's groups, possibly many times.

Result

Rochel and Leah each have a group of four birds. But we do not know if any of the birds in either woman's group are birds she started with.

Din

Any two of the birds are brought as Chato'os, any two are Olos, and the remaining four are not brought. That is, the number of Chato'os and Olos brought is the same as in the previous case.

Reason

The birds are intermingled to the same extent as if the two groups were merged into one group of eight. If three Chato'os are brought they might all belong to the same owner, which is impermissible. The same is true if three Olos are brought. But two Chato'os and two Olos would not exceed the permissible number even if all four belonged to the same woman. [Diagram 8]

Text © 1997
Rabbi Menachem Moshe Oppen and Project Genesis, Inc.

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