Perek Kan S'tumah

Mishnah 1
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1)

(a)What happens to the remaining bird of a Kan S'tumah, if one of the birds flies into the air, or into a group of Chata'os ha'Meisos (such as a Chatas that became mixed up with an Olah, as we learned in the first Perek)?

(b)What would be the Din if the remaining bird had been specified?

(c)What is the Tana then coming to teach us? What might we otherwise have thought?

(d)And what will the Din be if the bird flies into a group of S'tumos (like itself) which are waiting to be brought?

1)

(a)If one of the birds of a Kan S'tumah flies into the air, or into a group of Chata'os ha'Meisos (such as a Chatas that became mixed up with an Olah, as we learned in the first Perek) - one simply takes a second bird to match up with the remaining one.

(b)Had the first bird been specified, then this would be obvious ...

(c)... and the Tana mentions a Kan S'tumah (not to preclude a Kan Mefureshes, but) - to teach us that even though the remaining bird has not yet been specified, it does need to die.

(d)If the bird flies into a group of S'tumos (like itself) which are waiting to be brought - then it becomes Pasul and it disqualifies one of them (as we will now explain).

Mishnah 2
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2)

(a)Elaborating on the previous case, the Mishnah discusses two women each of whom possesses two Kinim, and where one of the birds belonging to one woman, flies across to the group belonging to the other woman, leaving three in the one group and five in the other. How many of the latter and how many of the former are the two respective women now permitted to bring?

(b)Why can the ...

1. ... latter woman not bring the third bird?

2. ... former woman not bring the fifth one?

(c)What will be the Din if one bird flies back, so that there are once again four in each pair of Kinim? What does the Tana therefore mean when he concludes 'Chazar, Posel Echad ba'Halichaso'? How many from each group are they now permitted to bring?

(d)And what does the Tana rule if birds continue to fly from one to the other, or if they all mix together?

2)

(a)Elaborating on the previous case, the Mishnah discusses two women each of whom possesses two Kinim, and where one of the birds belonging to one woman, flies across to the group belonging to the other woman, leaving three in the one group and five in the other. The first woman is permitted to bring - two birds (one Kan), and the second, four (two Kinin).

(b)The ...

1. ... latter woman cannot bring the third bird, because that would automatically fix the bird that flew away as a Chatas (limiting the number of Chata'os that the second woman is permitted to bring to two, as we learned in the first Perek [This is not clear, since that is what she brings anyway]). Alternatively, we are afraid that if she is permitted to bring it, she may end up bringing both the bird that flew away and the third bird that remained, as a Chatas (whereas one of them has to be an Olah [see Tosfos Yom-Tov]).

2. ... the fifth one from the former - because if she were to bring three Chata'os or three Olos, we are afraid that perhaps they come from her two Kinim, which comprise only two Chata'os and two Olos.

(c)If one bird flies back, so that there are once again four in each pair of Kinim - each one is permitted to bring one Kan (comprising a Chatas and an Olah). And when the Tana concludes 'Posel Echad ba'Halichaso' he means - that he disqualifies another bird in each group ...

(d)... and the same ruling will apply - even if the birds continue to fly from one to the other, or if they all mix together.

Mishnah 3
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3)

(a)The Tana now discusses a case where one woman possesses one Kan, another woman, two, a third one, three, one four, one five, one six and one seven (all S'tumos), and one bird flies from the first Kan to the second, one bird from the second group to the third, from the third to the fourth ... , all in order of progression, and then one flies from the seventh to the sixth, from the sixth to the fifth ... . When the one bird ... flies into the subsequent group, what happens to the remaining bird belonging to the first woman?

(b)How many birds must each woman bring when the first bird joins her group?

(c)And how many birds can she bring when one bird subsequently flies ...

1. ... on to the next group?

2. ... flies back from where it came (though we do not know if it is the same bird that flew in)?

(d)What would be the problem if for example, when the bird flew from the sixth Kan to the seventh, the owner brought five Chata'os and six Olos?

3)

(a)The Tana now discusses a case where one woman possesses one Kan, another woman, two, a third one three, one four, one five, one six and one seven (all S'tumos), and one bird flies from the first Kan to the second, one bird from the second group to the third, from the third to the fourth ... , all in order of progression, and then one flies from the seventh to the sixth, from the sixth to the fifth ... . When the one bird flies into the subsequent group - the remaining bird belonging to the first woman becomes forbidden, because if we fix it as an Olah, then the bird that flew out will be a Chatas (and vice-versa), we are afraid that the second woman might inadvertently do likewise (when really one of the two ought to a Chatas, the other, an Olah).

(b)When the first bird joins her group - each woman (except for the first one, as we just explained) is permitted to bring her original number of Kinim, but not the extra one.

(c)When one bird subsequently flies ...

1. ... on to the next group - they all lose one Kan, except for the seventh one, from which no birds flew out.

2. ... flies back from where it came (though we do not know if it is the same bird that flew in) - then each group loses one pair.

(d)The problem if for example, when the bird flew from the sixth Kan to the seventh, one were to bring five Chata'os and six Olos - that this would fix the one that then flew to the group of six Kanim, a Chatas, thereby prohibiting any Olos in that group from being brought.

4)

(a)We have just discussed the Mishnah's ruling 'Posel Echad ba'Halichaso'. What does 've'Echad ba'Chaziraso' mean? Why is that?

(b)How many eligible birds now remain in each group?

4)

(a)We have just discussed the Mishnah's ruling 'Posel Echad ba'Halichaso'. 've'Echad ba'Chaziraso' means - that as each bird flies to the Kan that preceded it, it adds another pair of birds from each group to the prohibition, because if one brings the full quota of Chata'os or Olos, there is a possibility that the one that flew out was one of the original seven Kinim, and if it too, is brought as an Olah or a Chatas as well as the seven that one brought from the seventh group, it transpires that one has brought eight Olos from the seventh group instead of seven.

(b)Consequently, no birds remain in the first and second Kinim, one in the third, two in the fourth, three in the fifth, four in the sixth and six in the seventh.

5)

(a)Seeing as the reason that we disqualify an extra Kan in the final stage is due to the fear that the one that flew from it was one of the original group and is therefore now adding an excessive Olah or Chatas (as we just explained), what problem does this create with the third group?

(b)How do we solve it?

(c)Then why do we not also decree on the seventh group, which did not lose a Kan in the earlier stage, when one bird flew from the sixth one into it?

(d)What happens to the birds that are not eligible to be brought as a Korban?

5)

(a)Seeing as the reason that we disqualify an extra Kan in the final stage is due to the fear that the one that flew from it was one of the original group and is therefore now adding an excessive Olah or Chatas (as we just explained), the problem with the third group is - why the extra Kan is forbidden, considering that nothing is brought from the second Kan anyway.

(b)The answer is - that we decree the third group on account of the fourth, fifth, sixth and seventh, each of which lose one Kan.

(c)The reason that we do not also decree on the seventh group, which did not lose a Kan in the earlier stage, when one bird flew from the sixth one into it is - because unlike the third Kan (from which one bird subsequently flew, just like it did from the later Kinim), no birds flew from it, in which there is nothing on which to decree.

(d)The birds that are not eligible to be brought as a Korban - must die.

6)

(a)What happens if one of the remaining birds now flies from the third to the fourth group, from the fourth to the fifth ... and from the sixth to the seventh, and one bird from each later group then flies back to the group before it?

(b)How many eligible birds will now remain in each group?

(c)And how many birds will remain in each group, should the process repeat itself a third time?

6)

(a)If one of the remaining birds now flies from the third to the fourth group, from the fourth to the fifth ... and from the sixth to the seventh, and one bird from each later group then flies back to the group before it - then each group will lose one bird each time (as in the previous case).

(b)Consequently, the third and fourth groups will now remain with no eligible birds, the fifth group with one Kan, the sixth, with two, and the seventh with five.

(c)Should the process repeat itself a third time - no birds will remain in the fifth and sixth groups either, only four Kinim in the seventh.

7)

(a)Some say that the seventh group does not lose any birds this time (though that opinion is not Halachah) Why is that?

(b)How many birds will still be eligible to bring as Korbanos?

(c)What does the Mishnah finally say in a case where one of the birds that has to die (see Tiferes Yisrael) falls into any of the groups?

(d)Why is it not Bateil (see Tiferes Yisrael)?

7)

(a)Some say that the seventh group does not lose any birds this time (though that opinion is not Halachah) - because a. since nothing is brought from the sixth group (or from any of the other groups) there is no reason to decree, and b. since on none of the three occasions, did the seventh group lose a bird when one flew in.

(b)Consequently - five Kanim will remain eligible to bring as Korbanos, five Chata'os and five Olos.

(c)Finally, the Mishnah rules that if one of the birds that has to die falls into any of the groups - all the birds in that group must die (see Tiferes Yisrael).

(d)It is not Bateil - because live animals are Chashuv and are not therefore subject to Bitul.

23b----------------------------------------23b

Mishnah 4
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8)

(a)Our Mishnah now discusses a bird from a Kan S'tumah that flies across to a Kan Mefureshes. What does one now do with the ...

1. ... three birds? Why is that?

2. ... the single bird?

(b)What will be the Din if either one of the three then flies back to join the single bird, or if one of the Mefurashos initially flies across to join the Kan S'tumos?

(c)In the very last case, why should the remaining bird in the Kan Mefureshes, which after all, was designated either as a Chatas or as an Olah, die?

8)

(a)Our Mishnah now discusses a bird from a Kan S'tumah that flies across to a Kan Mefureshes. The ...

1. ... three birds - must die, since one does not know which one is the Mefureshas.

2. ... the single bird - remains Kasher, and requires a second bird to make up a Kan.

(b)If either one of the three birds then flies back to join the single bird, or if one of the Mefurashos initially flies across to join the Kan S'tumos - then all four birds must die ...

(c)... even the remaining bird of the Kan Mefureshes - because the Tana is speaking where, after designating the two birds, they forgot which bird is which (in which both birds in the Kan Mefureshes must die).

Mishnah 5
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9)

(a)If one of the birds from a Kan S'tumah in the middle flies across to join a Chatas on one side, and the other bird flies across to join an Olah on the other side, what should the owner of the Kan S'tumah do?

(b)Why not the other way round?

(c)If two of the three birds then fly back to the center, what happens to the birds ...

1. ... in the center?

2. ... at the sides? Will it make any difference whether only one bird remains on each side, or if there are many (see Tiferes Yisrael)?

(d)And what will be the Din if the two birds in the center then fly back to join those at the sides?

9)

(a)If one of the birds from a Kan S'tumah in the middle flies across to join a Chatas on one side, and the other bird flies across to join an Olah on the other, the Kohen (see Tiferes Yisrael) declares the bird with the Chatas, a Chatas, and the bird with the Olah, an Olah ...

(b)... not the other way round - because the Tana is speaking wheere the two birds are mixed up, and we are afraid that he will declare the Olah, a Chatas, and vice-versa.

(c)If two of the three birds then fly back to the center, the birds ...

1. ... in the center are forbidden, because a Chatas and an Olah are mixed up (nor do we know whether they come from a Kan S'tumah or a Kan Mefureshes).

2. ... at the sides are permitted, because we know which one is a Chatas and which one an Olah (even though we do not know whether they are from a Kan Mefureshes or a Kan S'tumah), irrespective how many birds there are at the sides (since the Mishnah switches to the plural ['Eilu Yikareivu Chata'os, ve'Eilu Yikareivu Olos'], even though it began with only one bird on each side).

(d)And if the two birds in the center then fly back again to join those at the sides - they all become prohibited (like any group of Korban Of in which birds that have to die become mixed up, as we have already learned).

10)

(a)What about someone who is Chayav to bring a Kan bringing one pigeon and one young dove?

(b)What must a woman then do if she brought a pigeon for her Chatas and a young dove for her Olah, or vice-versa, according to the Tana Kama?

(c)What does Ben Azai hold?

(d)What is the basis of their Machlokes?

10)

(a)Someone who is Chayav to bring a Kan - must bring either two pigeons or two young doves, but not one of each.

(b)According to the Tana Kama therefore, a woman who brought a pigeon for her Chatas and a young dove for her Olah, or vice-versa - must then bring the appropriate Olah to match the Chatas.

(c)Ben Azai however, requires her to adapt whatever she brought last (irrespective whether it was the Olah or the Chatas, to match what she brought first ...

(d)... because he maintains - that whatever the woman brings first determines the species if the subsequent bird; whereas according to the Chachamim - it is the Chatas that determines the species of the Olah.

11)

(a)Our Mishnah now discusses a woman who brought one of her birds and then died. What must the heirs then do, depending on which Korban she has already brought?

(b)On what grounds do they not bring the Chatas?

(c)How is this case possible anyway, bearing in mind that the Chatas precedes the Olah?

11)

(a)Our Mishnah now discusses a woman who brought one of her birds and then died. If the Korban that she brought before she died was the Chatas - the heirs then bring her Olah, but not vice-versa ...

(b)... due to the Halachah 'Chatas she'Meisu Ba'alehah, Tamus' (which extends to bird-offerings too).

(c)This case is possible, despite the fact that normally, a Chatas precedes an Olah - because that is the Din Lechatchilah. Bedi'eved however, one is Yotzei even if one inverted the order, and the Tana is speaking where the woman brought her Olah first.

Hadran Alach 'Kan S'tumah'