Birds may be brought only as Chata'os or Olos. A Chatas is eaten by Kohanim. An Olah is completely burned.

An Olah of a bird can be brought as a voluntary offering--a Nedavah. There are also occasions when a person is required to bring an Olah of a bird. A required Korban is called a Chov.

A Chatas of a bird can be brought only when it is a Chov, not as a Nedavah.

Most of Maseches Kinim is expressed in terms of the obligations of a Yoledes, a woman who has borne a child. A Yoledes must bring a Chatas and an Olah. (Vayikra Perek 13, Pesukim 5-8.) Her Chatas is always a bird. Her Olah is a bird only if she cannot afford a lamb.

There are several differences in the way a Chatas and Olah are brought. One is that the blood of Olos is applied to the upper half of the Mizbe'ach wall, while the blood of a Chatas goes on the lower half. (This is the opposite of the applications of a Chatas and Olah of an animal.) If an Olah is brought as a Chatas should be, or vice versa, the Korban is invalid.

A Korban of a bird can be brought from two species, Torim and Bnei Yonah, commonly translated as pigeons and doves. A Yoledes or anyone else who is obligated to bring a Chatas and an Olah of birds must bring either two Torim or two Bnei Yonah, but not one Tor and one ben Yonah. A pair of birds is called a Ken (plural, Kinim).

A person can dedicate (Makdish) a Ken for her Chatas and Olah without specifying which bird should be the Chatas and which bird the Olah. The Ken is called a Ken Stumah or a Chovah. If the Chatas and Olah are specified, the pair is a Ken Meforeshes.

Kinim Setumos may be grouped. For example, someone who has three obligations can dedicate (Makdish) six birds together as a group. Any half of this group is brought as Chata'os and the other half as Olos.

It is forbidden to bring a bird specified to be a Chatas as an Olah or a specified Olah as a Chatas. Similarly, once one bird of a Ken Stumah has been brought as a Chatas, the remaining bird cannot be brought as a Chatas. If one has been brought as an Olah, the second may not be an Olah.

In a larger group of Setumos, such as the six birds that were designated as a group, it is forbidden to bring more than half as Chata'os or more than half as Olos.

Note: This is because when the owner says "Harei Zu," he undertakes to bring these specific birds. If these birds are no longer available, it is not possible to fulfill his promise. By saying "Harei Alay" he undertakes to bring a Korban. If the bird he first designates becomes unavailable, he still has the opportunity to -- and, therefore, must -- fulfill his vow with other birds.

Note: Throughout this Masechta, the singular words Chatas and Olah refer to groups of Chata'os and Olos; thus the translation, "one or a few." (Corroborated by the Raza on this Mishnah.)

Example of the Case of the Mishnah: Birds that were specified as Chata'os flew among and became confused with birds that were all specified as Olos.

Result: Each of the birds is a possible Chatas Meforeshes and a possible Olah Meforeshes.

Din: None of the birds is brought as a Korban. Other birds must be brought by the owner to satisfy her obligations. If Olos flew into the group of Chata'os the result and din are analogous.

Reason: If any bird is brought it might be brought as the wrong Korban.

Example of the Case of the Mishnah: A designated Olah flies into a group of four birds that are Setumos.

Result: Each of the five birds might be the Olah Meforeshes (designated Olah).

Din: Two Olos and no Chata'os are brought.

Reason: Any bird brought as a Chatas might be the Olah Meforeshes. Therefore, no Chata'os may be brought. If three Olos were brought they might all be of the original group of four birds. Only two Olos may be brought from that group. [Diagram 1]

Example of the Case of the Mishnah: Four Olos Meforashos become mingled with a Ken Stumah.

Result: Each of the six birds might be an Olah Meforeshes.

Din: One Olah and no Chata'os are brought.

Reason: Any bird brought as a Chatas might be the Olah Meforeshes. Therefore, no Chata'os may be brought. One Olah may be brought, but if two Olos were brought they might both be of the original Kain. Only one Olah may be brought from a Kain. [Diagram 2]

Example of the Case of the Mishnah: Three Kinim Setumos of Rochel's become mingled with three Kinim Setumos of Leah's.

Result: We do not know which birds comprised each of the original groups. The missing information is important because we may not bring more than three of Rochel's birds as Chata'os nor more than three as Olos. The same applies to Leah's birds.

Din: Six of the twelve birds are kosher, three to be brought as Chata'os and three as Olos. The other six may not be brought at all. If we bring four Chata'os they might all belong to the same person. The same is true if we bring four Olos. [Diagram 3]

Example of the Case of the Mishnah: Rochel's one Ken Stumah joins and becomes confused with Leah's three Kinim Setumos.

Result: We do not know which of the eight birds comprised each of the original two groups.

Din: One bird is brought as a Chatas and one as an Olah. The remaining six birds are not brought at all.

Reason: If we bring more than one Chatas, we might be bringing two of Rochel's birds as Chata'os. The same applies if we bring more than one Olah. We may not bring more than one of Rochel's two birds as Chata'os and more than one as Olos. [Diagram 4]

Note: In the preceding case of two women, each woman's birds were grouped separately at the start and became mingled. Rabbi Yosi now presents another case of two women. In his case the birds were dedicated as a group for the use of the women and for their various obligations. In this case, mingling does not cause a problem.

Case of the Mishnah: Rochel and Leah gave their four jointly owned birds or their joint funds to the Kohen.

Din: The Kohen may bring any two of the birds for Rochel and the other two for Leah.

Reason: The owner of a bird or animal may dedicate it for another person's Korban. In this case, each bird brought by Rochel and Leah is owned by both of them in partnership and is dedicated by both of them together. When the Kohen chooses a bird to be a Chatas for Rochel, Leah is implicitly assigning her share in the bird for Rochel's Chatas. (Rochel is, of course, also designating her share of that bird for her own Chatas.) Similarly, when the Kohen chooses another bird for Leah's Chatas, Rochel and Leah each designate that bird, to the extent that each has ownership in the bird, for Leah's Chatas.

Note: This explanation is given by the Ya'ir Kino, based on the Rosh and the Ra'avad. (Rabbi Yosi's din is understood in other ways by other Mefarshim.)

Note: When the Mishnah says that the bird that flew in is Pasul it means that one bird of the group may not be brought. In saying that the bird that is Pasul is the one that flew in, the Mishnah 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 Mishnah: A bird from Rochel's Ken of two birds flies into and becomes mingled with Leah's Kain. All four birds are Setumos.

Result: Rochel is left with one bird and Leah has three.

Din: The Kohen can bring any two birds, one as a Chatas and one as an Olah.

Reason: If the Kohen brought Rochel's remaining bird as a Chatas he may not bring any other bird as a Chatas, 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]

Introduction: This Mishnah is giving another example of Parach l'Vein ha'Kereivos.

Note: In the language of this Mishnah, when a bird flies from Rochel's group Posel Echad, one Ken (two birds) become Pasul. Thus, Echad in Mishnah Beis means Ken Echad, one pair (or two birds), while in Mishnah Alef, Echad means one bird. This is the Rosh's interpretation of the language of the Mishnah. The Rav interprets Echad consistently in both Mishnayos. We have followed the Rosh's understanding of the language because it is less complex to explain the Mishnah 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 Mishnah: Rochel and Leah both started with two Kinim Setumos. 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 Chata'os. But Leah may not bring three Chata'os or Olos because they might be three of her original four birds. Rochel may not bring two of her remaining three birds as Chata'os because Leah might have brought Rochel's missing bird as a Chatas. Nor may Rochel bring two Olos because Leah might have brought Rochel's missing bird as an Olah. [Diagram 6]

Example of the Case of the Mishnah: In the previous case, Rochel and Leah each had two Kinim Setumos. 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 Chatas and one Olah. Leah also brings one Chatas 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 Chatas and one Olah, Rochel cannot bring a second Chatas for perhaps the bird that flew out of her group was brought by Leah as a Chatas. That is, three of Rochel's birds would have been brought as Chata'os, two by Rochel, and one by Leah. But not more than two of Rochel's birds are permitted to be Chata'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 Mishnah: A bird flying out of a group reduces by two the number of birds that can be brought as Korbanos from that group. We lose one potential Chatas, because the leaver might be brought as a Chatas, and we lose one potential Olah because the leaver might be brought as an Olah. This applies in the cases of both Porei'ach, the initial flight of a bird from one group to another, and Chozer, where a bird flies from the second of these groups to the first. Despite this rule, however, a minimum number of Korbanos 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.

Example of the Case of the Mishnah: Rochel and Leah each had two Kinim Setumos. 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 Chata'os, any two are Olos, and the remaining four are not brought. That is, the number of Chata'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 Chata'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 Chata'os and two Olos would not exceed the permissible number even if all four belonged to the same woman. [Diagram 8]

Example of the The 1st Parach V'Chazar Case of the Mishnah: Each of seven women had a different number of Kinim. The first woman had one Ken (two birds), the second, two Kinim, and so on. First, one bird flew out of the first group to the second, then one flew from the second to the third, and so on, until the seventh. (None yet flew out of the seventh.) Then a bird flew out of group seven to group six, then one flew from group six to five, and so on to group one. (But a second bird did not fly out of group one.) It is possible that only one bird did all the traveling in each direction. It is possible that each flight was done by a different bird. It is possible that some of the flights were done by one bird and some by other birds.

Result: Each group has the same number of birds it started with. One bird has flown out of groups one and seven, and two birds left groups two through six. Although each group has the same number of birds as it started with, one or two now in each group might not have originated in that group. [Diagram 9]

Din of the First Group: No Korbanos may be brought.

Reason: Either bird now in the first group might be an original member of the group. It may not be brought as a Chatas for perhaps its partner, which might now be in another group, will be brought as a Chatas. It may not be brought as an Olah because its partner might be brought as an Olah. See [Diagram 14] (meant to be viewed later).

Din of the Second Group: None of the four birds is brought.

Reason: None of the birds may be brought as a Chatas because the two birds that flew out might both be brought as Chata'os by other women. None may be brought as Olos because the two that flew out might be brought as Olos by other women. We want to assure that no more than two of the original birds of the second group will be Chata'os, nor will more than two be Olos.

Note: In fact, one of the two birds that flew out of the second group flew into the first group. Since none of the birds now in the first group will be offered, we need not be concerned that that bird will be a Chatas or an Olah. However, in order to avoid confusion the Rabanan said that we should treat this bird as if it flew among birds that would become Korbanos. (Tosfos, Maseches Yoma Daf 65:2, Dibur ha'Maschil "u'Mishum Gezeirah Yamusu.") One possible understanding of this rule is that when two birds fly out of one group, and one mingles with birds that are offered and the other with birds that are not, we consider it as if both flew among birds that are offered. [Diagram 15]

Din of the Third Group: One bird is brought as a Chatas, another as an Olah. The remaining four birds are not brought.

Reason: We cannot bring two Chata'os because other women might bring the two birds that flew out as Chata'os. No more than three Chata'os may be brought from the original group of six birds. We cannot bring two Olos because the two birds that flew out might become Olos. No more than three Olos may be brought from the original group.

Note: In fact, the bird that flew to group two will not be brought because none of the second group is brought. The Rabanan treat this case as if both birds flew where there was a risk that they would be brought, as we treated the second group. [Diagram 16]

Din of the Fourth, Fifth, and Sixth groups: We bring four birds of the eight in the fourth group, six of the ten in the fifth group, and eight of the twelve in the sixth group. Half of those brought are Chata'os, and half are Olos.

Reason: The din follows the reasoning for the second and third groups. Namely, two birds left each group. We reduce by two the number of Chata'os to be brought from each group, in case both birds that flew out are brought as Chata'os. We also reduce by two the number of Olos from each group, in case both birds that left are brought as Olos. That is, four fewer birds are brought than the original number. This reduces the number of Korbanos from eight to four, from ten to six, and from twelve to eight in the respective groups. See [Diagram 10], [Diagram 11], and [Diagram 12]

Din of the Seventh Group: We bring twelve of the fourteen birds, six as Chata'os and six as Olos.

Reason: Only one bird left this group. Since the bird that flew out might be brought as a Chatas, we reduce the number of Chata'os brought from this group by one. Since it might be brought as an Olah, we bring one Olah less. That is, six birds are Chata'os, six are Olos, and two are not brought at all. [Diagram 13]

Note: The Dinim of the first through seventh groups are applications of the principle stated following Mishnah Beis, that each bird flying out of a group reduces by two the number of birds that can be brought from that group.

Example of The 2nd Parach V'Chazar Case of the Mishnah: At the end of the first Parach v'Chazar all the birds in the first and second groups are disqualified from being Korbanos. Therefore, birds will now move only among groups three through seven, as the end of the Mishnah clarifies. As this part begins, the third woman can bring two birds (one Ken of her original three), the fourth woman can bring four birds (two Kinim of four), the fifth can bring six (three Kinim of five), the sixth can bring eight (four Kinim of six), the seventh can bring twelve (six Kinim of seven). Now one additional bird flew from the third group to the fourth group, one flew from the fourth group to the fifth, and so on until the seventh group. (No additional bird flew yet out of the seventh.) Then a bird flew out of group seven to group six, then one flew from group six to five, and so on until group three. (No additional bird flew from the third group to the second.)

Result: Each woman has the same number of birds she started with. One bird has flown out of group three, in addition to the two that left earlier, for a total loss of three. Groups four through six each lost two birds in addition to the two lost earlier, for a total of four lost. Group seven lost one earlier and one now for a total loss of two. (As many birds joined each group as the group lost.) [Diagram 17]

Din of the Third Group: No Korbanos are brought.

Reason: The principle of Mishnah Beis continues to be applied, reducing by two the number of birds that can be brought for each bird that left the group. The third group has lost three of its six birds. They might all be brought as Chata'os by other women, leaving no Chata'os to be brought by the owner of this group. The three might all be brought as Olos, leaving no Olos to be brought. [Diagram 18]

Din of the Fourth, Fifth and Sixth groups: No Korbanos are brought from group four, one Chatas and one Olah are brought from group five, and two Chata'os and two Olos are brought from group six.

Reason: Each group has lost four of its birds. This reduces the number of Korbanos brought from each group by eight, two for each bird that flew out, by the principle stated following Mishnah Beis. That is, if the four birds that flew out of each group are all brought as Chata'os, then four fewer Chata'os should be brought. If the four that left are brought as Olos, four fewer Olos should be brought. This disqualifies all eight birds in group four, eight of the ten birds in group five, and eight of the twelve in group six.

Note: In fact, some of the birds flew to groups that are now completely disqualified. The Rabanan treat these cases as if all the birds might be brought as part of other groups, as in the comment on the din of the second group. See [Diagram 19], [Diagram 20], and [Diagram 21]

Din of the Seventh Group: Ten of the original fourteen are brought, five as Chata'os and five as Olos.

Reason: Group seven has lost a total of two birds. (Groups four through six each lost two birds to the next larger group and two to the next smaller group. But group seven only lost two birds to the next smaller group, group six. None flew into a larger group as there is no larger group.) Since both birds might be brought as Chata'os, we bring two fewer Chata'os, and since they might both be Olos, we bring two fewer Olos. This disqualifies four of the fourteen original birds, another application of the principle stated following Mishnah Beis. [Diagram 22]

Example of the 3rd Parach V'Chazar Case of the Mishnah: At the end of the second Parach v'Chazar all the birds in the first through fourth groups are disqualified from being Korbanos. Therefore birds will now move only among groups five through seven. As this part begins, the fifth woman can bring two birds (one Ken of the original five), the sixth woman can bring four birds (two Kinim of the original six), and the seventh woman can bring ten birds (five Kinim of the original seven). Now one bird flew from group five to the sixth group and one flew from six to seven. (None flew out of the seventh.) Then a bird flew out of group seven to group six, and one flew out of group six to group five. (None flew out of five.)

Result: Each woman has the same number of birds that she started with. However, as many as six birds that are now in a group might not be originally from that group. [Diagram 23]

Din of the Fifth Group: None of the birds is brought.

Reason: A total of five birds have flown out. They might all be brought as Chata'os, leaving no more Chata'os to bring. If they were all brought as Olos no more Olos can be brought from this group. [Diagram 24]

Din of the Sixth Group: None of the birds is brought.

Reason: A total of six birds have flown out. They might all be brought as Chata'os, leaving no more Chata'os to be brought. They might all be brought as Olos, leaving no more Olos to be brought.

Note: As in previous cases, some of the birds that left groups five and six flew to groups from which no Korbanos are being brought. The Rabanan treat these birds as if they might have been brought, as noted earlier. [Diagram 25]

Din of the Seventh Group (First opinion): Four birds are brought as Chata'os and four as Olos.

Reason: A total of three birds have flown out of this group. In truth, none of those birds will be brought as Korbanos, because all the birds in all the other groups have by now been disqualified. However, the Rabanan have legislated (as discussed above with respect to the din of the second group) that we treat the remaining birds in the group as if those that flew out will be brought as Korbanos. If all three were brought as Chata'os, group seven would have four more Chata'os to bring. If the three were brought as Olos, group seven would have four more Olos to bring. [Diagram 26]

Din of the Seventh Group (Second opinion): Five birds are brought as Chata'os and five are brought as Olos (just as was the din before this third Parach v'Chazar).

Reason: Of the total of three birds that left group seven, two flew into group six when it was possible for the owner of group six to bring them as Korbanos. Therefore, the number of Kinim brought from group seven was reduced by two. That is, only five Chata'os and five Olos could still be brought. However, we are not concerned that the third bird that flies from group seven will be brought as a Chatas or an Olah, since, by now, all the birds in group six are disqualified (as explained above). Therefore, the third bird to leave group seven does not disqualify a third pair from group seven. According to this opinion, the Rabanan did not treat the third bird as if it might be brought by another woman. It appears that the Rabanan were concerned only about a case where more than one bird left a group and one of them might truly be brought. But in the case of group seven in the third Parach v'Chazar, only one bird leaves group seven, and there is no chance it will be brought. [Diagram 27]

Example of the Case of the Mishnah: After the first Parach v'Chazar all the birds in groups one and two are disqualified. Then a bird moved from group one to group two to group three and so on as in the first Parach v'Chazar.

Result: The disqualified bird that left group two might have remained in group three (and the bird that moved from group three to group four might be a different bird) or it might have continued moving from group to group and ended in groups four, five, six, or seven.

Din: None of the birds of any group may be brought.

Reason: Each bird in each group might be the disqualified bird that originated in group one or two.

Note: The Mishnah here is clarifying why, in the cases of the second and third Parach v'Chazar, no birds flew from groups one through four after those groups were completely disqualified.

Example of the 'Chazar' Case of the Mishnah: The first case of the Mishnah ended with a group of three birds and a group of one. None of the group of three was permitted to be brought, that is, they are Meisos (must be left to die). The other group consists of the remaining Stumah. Now a bird moves from the group of three Meisos and joins and becomes mingled with the Stumah. [Diagram 28]

Din: None of the birds is brought.

Reason: Any of the four birds might be a designated Chatas or Olah. We may not risk bringing a designated Chatas or Olah as the wrong Korban.

Example of the 'O she'Parach' Case of the Mishnah: In the preceding case, first a bird moved from the Ken Stumah to the Ken Meforeshes. Then a bird moved from the Ken Meforeshes to the Ken Stumah. In contrast, at the beginning of the present case a bird moves from the Ken Meforeshes to the Ken Stumah, and we do not know whether that bird is the Chatas or the Olah.

Result: The Ken Meforeshes now consists of one bird, and we do not know if it is the designated Chatas or the designated Olah. In the Ken Stumah a designated Chatas or Olah is mingled with the two Setumos.

Din: None of the birds is brought.

Reason: Any of the four birds might be a designated Chatas or Olah. We may not risk bringing a designated Chatas as an Olah or a designated Olah as a Chatas. [Diagram 29]

Example of the Case of the Mishnah: First two Setumos in the center join a group of Chata'os and a group of Olos, respectively. This is not a problem, since one of the Setumos was supposed to be brought as a Chatas and one as an Olah. [Diagram 30]

Din: All the birds may be brought.

Example of the Case of the Mishnah (continuation of the previous case): Then a bird from the Chatas 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 Chatas, a designated Olah, or a Stumah. Therefore, those two may not be brought. The rest of the birds are brought as Chata'os and Olos, respectively.

Example of the Case of the Mishnah (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 Chatas 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 Chata'os and Olos. No birds may be brought from such a mixture. [Diagram 32]

Alternative Text of the Mishnah: The Tosfos Yom Tov includes the words "o she'Parach" in the Mishnah. He translates the Mishnah: 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 Mishnah: (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 Chata'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 Chatas or a designated Olah. [Diagram 33]

Example of the Case of the Mishnah: One or more pairs of birds (Kinim Setumos) belonging to Rochel mingled with an equal number of Leah's birds. For example, Rochel and Leah each have three Kinim Setumos -- a total of twelve birds. The Kohen mistakenly thought that the birds were all Chata'os or all Olos and offered them accordingly.

Result: If all the birds were brought as Chata'os each woman fulfilled her obligation to bring Chata'os. That is, half of each woman's birds were brought properly. None of the Olos were brought. If all were brought as Olos the result is analogous.

Din: If the original birds were all brought as Chata'os, each woman brings three additional birds as Olos. If the original birds were all brought as Olos, then the additional birds are brought as Chata'os.

Example of the Case of the Mishnah: Rochel's Kinim Setumos became mixed with an equal number of Leah's Kinim Setumos as in the previous case. For example, Rochel and Leah each had three Kinim Setumos. The Kohen mistakenly brought half as Chata'os and half as Olos. (The correct disposition is given in the first Perek, third Mishnah.)

Result in the Worst Case: We do not know whose birds were brought as Chata'os and whose as Olos. In the worst case, all six Chata'os came from Rochel's group and all six Olos from Leah's. If this happened, three of Rochel's birds count as Chata'os, and three of Leah's birds count as Olos. The other six birds were not valid Korbanos. [Diagram 34]

Note: It is possible that fewer than six birds were invalid. For example, of the six Chata'os the Kohen brought, two might have belonged to Rochel and four to Leah. The Olos would then have been four of Rochel's birds and two of Leah's. Rochel has satisfied her obligation to bring all three of her Chata'os and two of her Olos. She has one Olah left to bring. Leah, similarly, has one Chatas left to bring. It will never be known, of course, whether the true outcome of the Kohen's actions was the worst case described in the result above, the example described in this comment, or some other outcome. Therefore all Chata'os and Olos that the women remain obligated to bring are Sefeikos, they are required because of uncertainty. When an Olah is brought for an uncertain obligation, the owner stipulates that the bird should be a voluntary Korban if, in fact, he is under no obligation. An Olah may always be brought voluntarily, as an Olas Nedavah. A Chatas, however, may not be brought voluntarily. Therefore, the type of stipulation made for the Olos is not available when a Chatas is brought for a Safek. Nevertheless, in some cases one may bring a bird, though not an animal, when the obligation to bring the Chatas is a Safek, as discussed in the appendix.

Din: Each woman must bring three Olos to replace the three Olos she might be missing. However, each brings only one Chatas, because of the limitation on bringing Chata'os when the obligation is in doubt. They may also bring their birds jointly. See the appendix.

Note: The Mishnah mentions groups of 1, 2, 3, 10, and 100 Kinim, each belonging to a different woman. the Rav explains that the Mishnah is referring to various cases of two women. Each of the women has 1, 2, 3, 10, or 100 Kinim (but both do not have the same number). The two women's groups become mingled. According to the Tiferes Yisrael, the case of the Mishnah is of five women who have 1, 2, 3, 10, and 100 Kinim respectively. All 116 Kinim become mingled in a single group.

Introduction: The cases presented below follow the explanation of the Rav.

Example of One Case of the Mishnah: Two women have different numbers of Kinim Setumos that become mingled with each other. For example, Rochel has three Kinim and Leah has five Kinim. The Kohen mistakenly brought all 16 birds as Chata'os (or all as Olos).

Result: If all the birds were brought as Chata'os each woman fulfilled her obligation to bring her Chata'os. That is, half of each woman's birds were brought properly. None of the Olos was brought.

Din: Rochel brings three additional birds as Olos, and Leah brings five additional birds as Olos. (If the original birds were all brought as Olos, then the additional birds are Chata'os.)

Example of Another Case of the Mishnah: Rochel had three Kinim and Leah had five, as in the previous case. The Kohen mistakenly brought half of the sixteen birds as eight Chata'os and half as eight Olos.

Result in the Worst Two Cases: If the Kohen brought all six of Rochel's birds as Chata'os, then the other two Chata'os that he brought were Leah's. The eight Olos were Leah's remaining eight birds. Thus Rochel's obligation to bring three Chata'os is satisfied, but she has not brought any Olos. Leah has brought two Chata'os and eight Olos. (Three of Leah's eight Olos should have been brought as Chata'os.) Rochel's obligation to bring three Olos has not been fulfilled. Leah has yet to bring three of the Chata'os of her obligation. In an analogous outcome, all of Rochel's six birds were brought as Olos, and the other two Olos were Leah's. The eight Chata'os were Leah's remaining eight birds. In both these worst cases, five valid Chata'os and five valid Olos were brought. Obligations to bring three Chata'os and three Olos remain unfulfilled.

Din: In the language of the Mishnah, ha'Merubeh kosher, the same number of birds as are in the larger group is kosher. In this example, the larger group was Leah's ten birds, and that number of birds, five Chata'os and five Olos, is kosher. The remaining six birds might be Pasul. However, although the number of birds that are kosher equals the size of Leah's group, the specific birds that are kosher are not necessarily all Leah's. The comment, below, discusses how to replace the Korbanos that are Pasul.

Reason: Eight of the sixteen birds were brought as Olos. (In the worst case all eight were Leah's.) This forces at least two of Leah's ten birds to be Chata'os, which means they are kosher.

Note: The total deficit of the two women of three Chata'os and three Olos is the worst case maximum. Depending on whose birds the Kohen actually brought as Chata'os and Olos the two women might have lost fewer than three of each Korban -- possibly not any. Thus, the obligations are all Sefeikos. Therefore, the two women each individually, or both jointly, buy three more birds for Olos. If the Olos are brought jointly the agreement is that they will belong to the women according to each woman's remaining obligation. The women each individually or both jointly buy only one replacement Chatas, because of the limitation on Chata'os bought for a Safek, as discussed in the previous Mishnah and the appendix.

Alternative Approach to the Reason: In the best case, the Kohen would bring five of Leah's birds as Chata'os and five as Olos. Then none of the sixteen birds is brought improperly. But if the Kohen brings six of Leah's ten birds (and two of Rochel's) as Olos , one is Pasul. If he brings seven as Olos, two are Pasul. If all eight birds he brought as Olos were Leah's, three are Pasul. There is no outcome in which four or more of Leah's birds can be Pasul because the Kohen brought only eight Olos altogether. If eight of Leah's birds were brought as Olos, two were Chata'os, and both were kosher. All six of Rochel's birds would have to have been brought as Chata'os, and three of them are kosher. [Diagram 35]

Example of the Case of the Mishnah: Rochel and Leah have an equal number of birds. But all of Rochel's birds are for Chata'os and all of Leah's are for Olos. This situation might arise if, for example, Rochel could afford lambs for her obligation of Olos. A Yoledes always brings birds for her Chata'os, regardless of her wealth. Leah might have undertaken a Nedavah of Olos (unrelated to childbirth). The birds became mingled, and, therefore, none should be brought (first Perek, second Mishnah). But the Kohen mistakenly brought all of them.

Din #1: In the case where the Kohen brought all as Chata'os, Rochel satisfies her obligation, and Leah must bring replacement Olos. If they were all brought as Olos, Leah has satisfied her obligation, and Rochel must bring replacement Chata'os. These are definite obligations, not Sefeikos.

Din #2: If the Kohen mistakenly brought half as Chata'os and half as Olos, none of the Korbanos is kosher because the Kohen might have brought Rochel's designated Chata'os as Olos and Leah's designated Olos as Chata'os. Leah must bring replacement Olos because of the Safek. Rochel must bring only one replacement Chatas as discussed in the explanation of Mishnah Alef and in the appendix.

Cases of the Mishnah: Rochel was obligated to bring one Chatas and two Olos. Leah was obligated to bring two Chata'os and one Olah. Rochel and Leah jointly bought three Kinim. At the time of purchase they designated one bird of the first Ken as Leah's Chatas and the other as Rochel's Olah. Of the second Ken they designated a bird as a Chatas and a bird as an Olah without specifying the woman to which each bird belongs. The remaining Ken was left as a Stumah.

First Case: The Kohen mistakenly brought all six birds as Olos.

Din: The two birds that were designated as Olos and one bird of the Ken Stumah are kosher. The other three birds are Pasul. Rochel and Leah bring three more birds as Chata'os according to their original obligations. These are definite obligations, not Sefeikos.

Second Case: The Kohen mistakenly brought all six birds as Chata'os. The din is analogous.

Third Case: The Kohen brought one bird of each pair as a Chatas and one as an Olah.

Result in the Worst Case: The two designated Olos were brought as Chata'os, and the two designated Chata'os were brought as Olos. The Ken Stumah was properly brought in any event. [Diagram 36]

Din: The Chatas of the Ken Stumah fulfills a Chatas obligation of one woman, and the Olah fulfills an Olah obligation of the other woman. The women jointly bring another Ken with the understanding that the new Chatas will be for the woman who was credited with the first Olah, and the new Olah will be for the woman who was credited with the first Chatas. In addition, the woman whose original obligation included a second Chatas must bring another Chatas. The woman who was to bring two Olos must bring another Olah. (Based on Rashi Maseches Zevachim, Daf 67b, Dibur ha'Maschil Chetzyan l'Ma'alah.)

Note: This rule usually has the effect that in cases of Chatas she'Nis'arvu b'Chovah fewer than half the birds will be brought as Korbanos. For example if one Chatas mingles with two Kinim Setumos, two of the five birds are brought.

Note: This translation, in which three birds remain from two Kinim, follows the example given by the Rav. However, it appears that the Mishnah also refers to cases of multiples of two Kinim, where the proportions of original Chata'os and of Olos that fly in is the same as in the Rav's case.

Case of the Mishnah: A woman has four birds that are Setumos. The Kohen brings one as an Olah. This leaves her with one more bird to be brought as an Olah and two birds to be brought as Chata'os. That is, the number of Chata'os is double the number of Olos. Then, a designated Chatas flew in.

Result: The woman is left with four birds of which three are to be Chata'os (the visitor and two of the Setumos) and one an Olah.

Din: Only two of the four birds may be brought as Chata'os and none as Olos.

Reason: We cannot bring any bird as an Olah for it might be the designated Chatas that joined the group. The two Chata'os that are brought will be either two of the three Setumos or one of the three Setumos plus the visiting bird. We cannot bring a third Chatas because the three Chata'os might be the three remaining original Setumos. Only two of the Setumos may be Chata'os. [Diagram 37]

Case of the Mishnah: A woman has four birds. The Kohen brings one of them as a Chatas. This leaves her with three birds, of which two are to be made Olos and one a Chatas. That is, the number of Olos is double the number of Chata'os. A designated Chatas then flew into her group of three.

Result: There are four birds. Two were to be brought as Olos and two as Chata'os (the visitor and one of the Setumos).

Din: The woman brings one Chatas and no Olos.

Reason: None can be brought as Olos since we might bring the designated Chatas that flew in. We can bring one Chatas, which will be the Chatas that flew in or one of the Setumos. We may not bring another bird as a Chatas, for perhaps by now both Chata'os of the Setumos have been brought, requiring that the remaining two Setumos be Olos. [Diagram 38]

Note: The explanation of this Mishnah by the Rav is clear. However, the phrases in the Mishnah, "Chovah Shenayim ba'Chatas" and "Chatas Shenayim b'Chovah," remain difficult to translate. The Mishnah is maintaining continuity with the case with which it began, Chatas she'Nis'arvu b'Chovah, by continuing to employ the terminology of Chatas and Chovah. The following appears to be the translation of the two phrases according to the Rav.

Chovah...: Within a group of Chovah (i.e., Setumos)

...Shenayim ba'Chatas: There are twice as many birds among the Chata'os that are to be brought (as there are other birds).

V'Chatas...: And the bird to be brought as a Chatas

...Shenayim b'Chovah: (is outnumbered by) twice as many (of other birds) in the group of (three) Chovos.

Comment: In each case the "other" birds are birds that are to be brought as Olos. See [Diagram 37] and [Diagram 38]

Cases of the Mishnah: The din and reasons in this case are analogous to those of the previous case of Chatas. Using the Rav's example of one bird flying into a group of 3, the Mishnah is saying:

Case #1: A designated Olah becomes mingled with a group of three birds of Chovah that are Setumos. Of these three birds of Chovah the number to be brought as Olos is double the number to be brought as Chata'os. Half of the four birds are kosher to be brought as Olos and the other half of the birds are Pasul.

Case #2: An Olah becomes mingled with a group of three birds that are Setumos. Of these three birds of Chovah the number to be brought as Chata'os is double the number to be brought as Olos. The number of birds that are kosher to be brought is the same as the number of Olos that remain among the birds of Chovah, namely one Olah.

Principle #1: When a person brings a Ken for a Neder and a Ken for a Chovah in one group, the first Olah that is brought applies to the Chov. (Also, if by mistake more than one Chatas was brought, the first one applies to the Chov.)

Principle #2: When a Ken is brought as a Neder, both Olos must be of the same species, as is the case with regard to the Olah and Chatas of a Chov.