Translation:Mishnah/Seder Kodashim/Tractate Kinnim/Chapter 1/4

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Note[edit]

In the Vilna edition of the Mishnah, this text is presented as mishnah 3. The mishnah 4 of the Vilna edition appears here as mishnah 5.

Introduction[edit]

Hebrew Text[edit]

במה דברים אמורים? בחובה ונדבה.
אבל חובה שנתערבה זו בזו:
אחת לזו ואחת לזו, שתיים לזו ושתיים לזו, שלוש לזו ושלוש לזו;
מחצה כשר, ומחצה פסול.
אחת לזו, ושתיים לזו, שלוש לזו, ועשר לזו, ומאה לזו,
הממועט כשר.
בין משם אחד, בין משני שמות,
בין מאישה אחת, בין משתי נשים.

English Translation[edit]

In what [case] were the [rules in the previous mishnah] stated? When obligatory [bird-pairs] and donated [elevation-]offerings [became mixed].
But [in the case of] obligatory [bird-pairs] which became mixed with each other:
[If] one [person] had one [pair] and the other had one [pair], [or] one had two and the other had two, [or] one had three and the other had three[, etc.];
half are permitted [to be sacrificed] and half are invalid.
[If] one [person] had one [pair], another had two, another had three and another had one hundred,
[only] the smaller number are permitted [to be sacrificed].
[The above is true] whether [they are all] from one designation or whether [they are] from two designations,
[and] whether [they are all] from one woman or whether [they are] from two women.


Explanation[edit]

Half are permitted to be sacrificed and half are invalid: The mishnah means that half the number of elevation-offerings and half the number of sin-offerings may be brought, summing to half the total number of birds. The reason for this rule is as follows:

Since half of each person's birds are sin-offerings and half are elevation-offerings, even if it happens by chance all of the offered birds belong to only one of the two people, no elevation- or sin-offerings have been brought improperly. However, if even one more sin-offering is brought, we would be concerned for the possibility, however remote, that all of the sin-offerings came from one of the two people. Once half of his birds have been sacrificed, his remaining birds must be brought as elevation offerings. It is therefore forbidden to bring even one more bird, due to the concern of performing an improper service in the Temple.

The same logic also prevents bringing even one more elevation-offering.

Only the smaller number are permitted to be sacrificed: In this case as well, we are concerned for the possibility of bringing more than half of one person's sacrifices as sin-offerings or as elevation-offerings. For this reason, the person with the least birds will limit the total number of sacrifices that can be brought. Only the number of his sin-offerings and the number of his number of elevation-offerings may be sacrificed, summing to his total number of birds. Whether the actual sacrifices are all from his birds, or whether some are his and some belong to the others, no sacrifices will have been brought improperly.

Whether they are from two designations: One "designation" means that the sacrifices are offered for the same purpose, as explained in the following mishnah. For example, both a woman who has given birth and a woman who has experienced certain types of vaginal discharge might offer a bird-pair, but these are considered different designations. This statement of the mishnah teaches that if sacrifices which were brought for different purposes have become mixed, the sacrifices may still be brought without concern for the requirement that a sacrifice be offered with its intended purpose in mind.

Whether they are from two women: Similarly, we are not concerned for the requirement that the sacrifices be brought specifically with their owner in mind.