Kinim (3:1) | Yisrael Bankier | 14 years ago

Masechet Kinim deal with cases where kinim (pairs of bird sacrifices) are mixed together. A ken chovah consists of olah and chatat bird offerings that must be offered in very different manners (see 1:1). Consequently there is no way to remedy a mixture of two such birds (see Ra’avad, Bartenura and Menachot 12:1). A ken chovah can be brought as a ken stumah where each bird in the pair has not yet been designated as a chatat and olah. In such a case, it is left to the kohen to designate the birds.

The first Mishnah in the third perek deals with mixtures of many kinei chovah (stumah) that belong to two different people. It rules that if the two groups of birds in the mixture (belonging to the different people) are of the same size, and half the birds were offered in the manner of the chatat and the other half as olot, then half are valid and half are invalid (see the Mishnah for the full explanation). A question discussed in the Rishonim is how such a case should be remedied.

The Mefaresh and Razah explain that whether they each initially had one, two or three kinim each they must now together bring the remaining birds to substitute those that have been declared invalid. When they bring them, they stipulate between them that the birds offered as chatat offerings will be offered for she that requires it and likewise for the olah offerings. Since the requirement to bring these birds is based on a doubt, the chatat offerings are not consumed.

The Rosh differs in the case where each of the women brought three kinim. In such a case, each woman must bring one chatat and two olah offerings.

The Yair Kino explains that the Rosh finds this case similar to the Mishnah at the end of the first chapter of Keritut. The Mishnah there teaches that if a woman has many instances of giving birth where it is doubtful whether she is required to bring a korban, she can bring just one chatat (thereby completing her purification process). Consequently here too, one chatat for each woman should suffice. Multiple olah offerings however can be brought since olah offerings can be offered voluntarily and one can stipulate that if they are not required to bring the olah offerings then it should be considered as a voluntary offering. (See the Yair Kino inside for a full explanation regarding the opinion of the Rosh in the other cases listed in this Mishnah and how this case differs.)

The Yair Kino however explains that the Mefaresh would argue that the case in Keritut is different. There the obligation to bring a korban is doubtful. Here, the obligation to bring the korbanot was certain. The doubt only relates to whether the women released themselves from that obligation. Consequently there is a chazakah (presumption) that the women are required to bring up to three chatat offerings and must do so, albeit based on a doubt.

The Yair Kino (1:2) further explains the opinion of the Mefaresh that even though a chatat cannot be brought together by two people using the above describe condition (even if it is only for mechusarei chapara, see also Bartenura Keritut 5:8) in this case such a condition can be made. Ordinarily, when only one of the two women are obligated to bring a sacrifice, then we are concerned that the woman that is truly exempt will not be completely resolved to forfeit her share. In this case however both women are obligated to bring chatat or olah offerings. Consequently the concern is no longer as strong.


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