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By Rabbi Menachem Moshe Oppen | Series: | Level:

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.

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