POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Kinim 23
***** PEREK KEN STUMAH ****
1) BIRDS THAT FLEW BACK AND FORTH
(a) (Mishnah 1): If one bird of a Ken Stumah (or many Stumos)
flew away, or it became mixed with birds that must die
(e.g. a Chatas whose owner died), or it died, we take
another bird to replace it, to be offered with the
remaining bird.
(b) If the bird became mixed with Kereivos (birds that can be
offered; we assume that they are not all Olos, nor all
Chata'os), it is Pasul and Posel. (Pasul means, on
account of it we must refrain from offering one of the
birds in the mixture -- we cannot offer an extra Olah
(above the number of Olos in the Kereivos), lest all the
Olos will be from the Kereivos; likewise, we cannot offer
an extra Chatas. Posel means, it prevents us from
offering one bird from the Ken or Kinim it left. (We can
only offer whole Chovos, but not the "odd" (unpaired)
bird left -- if we would offer the odd bird for Olah [or
Chatas], this would mandate the Pore'ach (the bird that
flew) to be a Chatas [or Olah], we would not be allowed
to offer any Olos [or Chata'os] from the mixture). The
coming Mishnayos discuss only being Posel, but indeed it
is also Pasul.)
(c) (Mishnah 2): For example, if Rachel and Leah each had two
Kinim, and one of Rachel's birds flew to [and became
mixed with] Leah's birds, it is [Pasul, we offer only
four birds of Leah's mixture, and] Posel (we offer only
two of Rachel's [remaining] birds);
(d) (The Mishnayos discuss birds "returning" -- this is what
it looks like, but since the birds became mixed, we
really do not know whether or not it is the same bird.)
If it [or one of Leah's birds] flew "back" to Rachel's
birds, it is [Pasul, we may offer only two of Rachel's
birds, just like before it returned, and] Posel (before,
we could not offer one bird of Leah's mixture -- now we
must refrain from offering two of the remaining four. We
cannot offer three Olos [or Chata'os] in all, for any
three birds we select could all be from the same woman.)
(e) If it [or another] flew again to the other birds and
returned, even many times, it does not detract from what
we may offer -- even if all the birds were mixed
together, we could take any four and offer two Olos and
two Chata'os, no matter whose birds they are.
(f) (Mishnah #3): If seven women had, respectively, one, two,
three,... seven Chovos (we call their groups of birds A,
B, C,... G), and a bird flew from A to B, then it [or
another] flew from B to C,... from F to G, then
"returned" from G to F,... and from B to A:
1. On the trip from A to G, it is Posel [one Chovah]
from every group it leaves; likewise, on the return
trip it is Posel one from every group it leaves. The
numbers of Chovos we may offer from A, B,... G are
0, 0, 1, 2, 3, 4, 6. (It only left G once, on the
return trip. Really, the reason it is Posel is
because we do not want to "fix" the Pore'ach (see
the end of (b)) -- since we do not offer anything
from A or B, according to the letter of the law we
could offer another Chovah from B *or* C (but not
both -- if we offer from B, we may not fix what left
C)! However, Chachamim decreed not to, lest other
women think that they do not lose on account of the
return.)
2. If afterwards a bird flew from C to D, then [it or
another] to E, F, and G, then "returned" to F, ...C,
it is Posel one from every group it leaves on the
way to G, and also on the return; the numbers we may
offer from C, D,... G are 0, 0, 1, 2, 5. (As above,
according to the letter of the law we could offer
more from some of these, since we are not offering
anything that returned to the first groups, but
Chachamim decreed not to. We explained like
Bartenura, who says that the second journey could
not have begun from A or B, for we may not offer any
of them, they are like birds that must die, which
forbid everything they get mixed with. Rosh
explains, it started from and returned to A, like
the previous clause. A and B are not like Chata'os
ha'Mesos that surely must die -- rather, we do not
offer them on account of Sefekos, we are lenient in
cases of Sfek Sfeika (multiple doubts, we transgress
only if all of them turn out the "wrong" way).
Indeed, if we would know that both birds of A flew
to and remained in G, we could not offer even two
Olos [or Chata'os] from G, lest both are from A!)
3. If afterwards a bird went [Bartenura - from E; Rosh
- from A] to G and back, it is Posel one on the way
and on the return, we offer nothing from every group
except for G, from which we offer four;
23b---------------------------------------23b
4. Some say, because we do not offer from any other
group, G does not lose anything (on account of this
third journey, it still offers five. Tiferes Yisrael
- since after the second journey we ruled that it
offers only five, the other two were Nidchim and can
never be offered. Gra - we offer all seven of G.)
5. If Mesos (birds that must die) became mixed with any
group, we may not offer anything from the mixture.
(g) (Mishnah 4): If a bird flew from a Ken Stumah to a Ken
Mefureshes (the Chatas and Olah were designated, but
later became mixed, so they must die), we take another
bird to replace it, to be offered with the remaining bird
of the Stumah.
1. If it returned, or if [nothing left the Stumah,
just] a bird from the Mefureshes flew to the Stumah,
all must die.
(h) (Mishnah 5): If there were three piles of birds, Chata'os
on the right, Olos on the left, and Stumos in the middle:
1. If one bird from the middle went to the Olos, and
another went to the Chata'os, nothing is lost -- we
offer all the Chata'os including the Stumah (it
becomes a Chatas), and all the Olos including the
Stumah, and all the remaining Stumos (half Olos and
half Chata'os);
2. If the [same or other] birds returned from both
sides to the middle, all those in the middle must
die, the Chata'os and Olos may still be offered;
3. If afterwards birds from the middle returned to the
sides, all the birds must die.
3) COMPLETING A "CHOVAH"
(a) We may not bring a Tor (turtledove) and [Ben] Yonah
(common dove) for a Chovah (rather, we must bring two
Torim or two Yonim):
1. If a woman brought a Tor Chatas and [then] Yonah
Olah, she must bring a Tor for an Olah;
2. If she brought a Tor Olah and [then] Yonah Chatas,
she must bring another Olah, a Yonah (she must bring
an Olah like the Chatas);
3. Ben Azai says, the first bird offered determines the
latter (therefore, she must bring a Tor Chatas).
(b) If a woman brought her Chatas and died (before bringing
her Olah), her heirs bring her Olah (some Amora'im say
that this is only if she herself was Makdish the Olah;
others say, there is a lien on her property, her heirs
must buy and offer it);
(c) If she brought her Olah and died, her heirs do not bring
her Chatas (Chatas can be offered only to atone, it may
not be offered for the deceased).
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