Mishneh Torah — Sacrifices Rendered Unfit הלכות פסולי המוקדשין, Chapter 10

הָאִשָׁה שֶׁאָמְרָה הֲרֵי עָלַי קֵן כְּשֶׁאֵלֵד זָכָר. יָלְדָה זָכָר מְבִיאָה אַרְבָּעָה עוֹפוֹת. שְׁנַיִם לְנִדְרָהּ וְהֵן עוֹלָה כְּמוֹ שֶׁבֵּאַרְנוּ. וּשְׁנַיִם לְחוֹבָתָהּ מִשּׁוּם לֵידָה וְהֵן אֶחָד עוֹלָה וְאֶחָד חַטָּאת. נִמְצֵאתָ לָמֵד שֶׁהַכֹּהֵן צָרִיךְ לַעֲשׂוֹת שָׁלֹשׁ פְּרֵדִין לְמַעְלָה. וּפְרֵדָה אַחַת לְמַטָּה. טָעָה וְעָשָׂה שְׁתַּיִם לְמַעְלָה וּשְׁתַּיִם לְמַטָּה וְלֹא נִמְלַךְ צְרִיכָה לְהָבִיא עוֹד פְּרֵדָה אַחַת וְיַקְרִיבֶנָּה לְמַעְלָה. בַּמֶּה דְּבָרִים אֲמוּרִים כְּשֶׁהֵבִיאָה הָאַרְבָּעָה מִמִּין אֶחָד כְּגוֹן שֶׁהָיוּ כֻּלָּן תּוֹרִין אוֹ בְּנֵי יוֹנָה. אֲבָל אִם הָיוּ שְׁתֵּי תּוֹרִין עִם שְׁנֵי בְּנֵי יוֹנָה וְעָשָׂה שְׁנַיִם לְמַעְלָה וּשְׁנַיִם לְמַטָּה. צְרִיכָה לְהָבִיא עוֹד תּוֹר וּבֶן יוֹנָה וְיַעֲשֶׂה שְׁתֵּיהֶן לְמַעְלָה כְּדֵי לָצֵאת יְדֵי חוֹבָתָהּ. שֶׁאִם עָשָׂה בַּתְּחִלָּה שְׁתֵּי הַתּוֹרִין לְמַטָּה צְרִיכָה תּוֹר לְמַעְלָה לְהַשְׁלִים חוֹבָתָהּ. וְאִם עָשָׂה שְׁנֵי בְּנֵי הַיּוֹנָה לְמַטָּה צְרִיכָה בֶּן יוֹנָה לְמַעְלָה לְהַשְׁלִים חוֹבָתָהּ. שֶׁאֵין אָדָם מֵבִיא חוֹבָתוֹ גּוֹזָל אֶחָד תּוֹר אַחַת אוֹ בֶּן יוֹנָה אֶלָּא אוֹ שְׁנֵיהֶן תּוֹרִין אוֹ שְׁנֵיהֶן בְּנֵי יוֹנָה:

When a woman says: "I pledge a pair of doves when I give birth to a male," when she gives birth to a male she must bring four doves: two because of her vow, they are burnt offerings, as we explained, 1:14 which states that a fowl is never brought as a peace-offering. Hence, the only alternative is for them to be offered as burnt-offerings. and two which she is obligated to bring because of the birth, 1:3. one, a burnt-offering and the other, a sin-offering. Therefore the priest must offer three doves on the upper portion of the altar and one dove on the lower portion.If he erred and offered two on the upper portion and two on the lower portion, and he did not consult [with the woman], she must bring another dove and offer it on the upper portion of the altar.When does the above apply? When she brought all four doves from one type; either they were all turtle doves or young doves. If, however, she brought two turtle doves and two young doves and two were offered on the upper portion [of the altar] and two on the lower portion, 3:5)]. Were he to know which type he had offered on which portion, it would be sufficient to bring only one more dove. she must bring one more turtle dove and one more young dove on the upper portion to fulfill her obligation. For if at the outset, two turtle doves were offered on the lower portion, another turtle dove must be brought on the upper portion to complete her obligation. [Or] if two young doves were offered on the lower portion, another young dove must be brought on the upper portion to complete her obligation. For a person should not bring a pair to fulfill his obligation that comprises one turtle dove and one young dove. states, it is not merely that it is unlikely for a person to do so, through Biblical exegesis, the Sifra derives that it is forbidden to do so. Instead, either they should both be turtle doves or both be young doves.

פֵּרְשָׁה נִדְרָהּ וְאָמְרָה לַכֹּהֵן אֵלּוּ לְנִדְרִי וְאֵלּוּ לְחוֹבָתִי. וַעֲשָׂאָם הַכֹּהֵן שְׁתַּיִם לְמַעְלָה וּשְׁתַּיִם לְמַטָּה וְלֹא יָדַע אֵי זֶה מֵהֶן עָשָׂה לְמַעְלָה וְאֵי זֶה מֵהֶן עָשָׂה לְמַטָּה. צְרִיכָה לְהָבִיא שְׁלֹשָׁה עוֹפוֹת. שְׁנַיִם לְנִדְרָהּ וְאֶחָד לְהַשְׁלִים חוֹבָתָהּ. וְיֵעָשׂוּ הַשְּׁנַיִם לְמַעְלָה שֶׁהֲרֵי פֵּרְשָׁה נִדְרָהּ וְשֶׁמָּא שְׁנַיִם שֶׁל נִדְרָהּ נַעֲשָׂה לְמַטָּה שֶׁהֵם פְּסוּלוֹת. בַּמֶּה דְּבָרִים אֲמוּרִים בְּשֶׁהֵבִיאָה הָאַרְבָּעָה שֶׁפֵּרְשָׁה נִדְרָהּ בִּשְׁנַיִם מֵהֶן מִמִּין אֶחָד. אֲבָל אִם הָיוּ שְׁנֵי מִינִין תָּבִיא אַרְבָּעָה אֲחֵרִים. שְׁנַיִם מִמִּין שֶׁפֵּרְשָׁה בּוֹ נִדְרָהּ יֵעָשׂוּ לְנִדְרָהּ וּשְׁנַיִם מֵאֵי זֶה מִין שֶׁתִּרְצֶה יִהְיוּ לְחוֹבָתָהּ וְיֵעָשׂוּ אֶחָד לְמַעְלָה וְאֶחָד לְמַטָּה:

If she made her vow explicit, telling the priest: "These are for my vow and these are for my obligation," and the priest offered two on the upper portion and two on the lower portion without knowing which ones he offered on the upper portion and which ones he offered on the lower portion, she must bring three doves, two for her vow and one to complete her obligation.), the Rambam explains that since it is possible that the two doves designated for her vow were offered on the lower portion of the altar (as sin-offerings instead of burnt-offerings), it is possible that her vow was not fulfilled and she must bring two other doves instead. Were that to have been the case, of the two offered on the upper portion of the altar, only one was acceptable and another dove must be brought as a sin-offering to fulfill her obligation.The above explanations are based of Rav Kappach's edition of the Rambam's Commentary to the Mishnah. The initial version (preserved in the standard printed texts) reads differently, stating that this situation is considered like a burnt-offering that became intermingled with an unspecified group. See in Chapter 8, Halachah 4. The two should be offered on the upper portion of the altar. [The rationale is that] she made her vow explicit and possibly the two brought because of her vow were offered on the lower portion, thus disqualifying them.When does the above apply? When she brought the four doves from which she explicitly defined two as being for her vow from one type. If, however, [she brought them from] two types, she must bring four other doves: 3:5), the Rambam explains this law. In the original sacrifice, perhaps the two turtle doves that were intended as burnt-offerings were sacrificed on the lower portion of the altar and were thus disqualified. Thus her vow was not fulfilled and she must bring two turtle doves. The two young doves were offered on the upper portion of the altar as burnt-offerings. Hence it is necessary for another young dove to be offered on the lower portion as a sin-offering to fulfill her obligation.It is, however, also possible that the two young doves were offered on the lower portion of the altar. In that instance, she would have to bring another young dove to be offered on the upper portion as a burnt-offer to fulfill her obligation. Hence she must bring a total of two turtle doves and two young doves. the two from the type she designated explicitly for her vow should be offered for her vow and the other two may be from either type she desires for her obligation. One should be offered on the upper portion [of the altar] and one on the lower portion.

קָבְעָה נִדְרָהּ וְאָמְרָה אִם אֵלֵד זָכָר הֲרֵי עָלַי שְׁתֵּי תּוֹרִים. וְיָלְדָה וְהֵבִיאָה אַרְבָּעָה עוֹפוֹת. שְׁנַיִם לְנִדְרָהּ וּשְׁנַיִם לְחוֹבָתָהּ. וְעָשָׂה שְׁנַיִם לְמַעְלָה וּשְׁנַיִם לְמַטָּה וְלֹא יָדַע אֵי זֶה נַעֲשָׂה לְמַעְלָה וְאֵי זֶה נַעֲשָׂה לְמַטָּה. וְגַם הִיא שָׁכְחָה וְלֹא יָדְעָה בְּאֵי זֶה מִין קָבְעָה נִדְרָהּ אִם בְּתוֹרִים אוֹ בִּבְנֵי הַיּוֹנָה. הֲרֵי זוֹ צְרִיכָה לְהָבִיא שְׁתֵּי תּוֹרִים עִם שְׁנֵי בְּנֵי יוֹנָה לְנִדְרָהּ וְיֵעָשׂוּ אַרְבַּעְתָּן לְמַעְלָה. וְתָבִיא גּוֹזָל אֶחָד לְהַשְׁלִים חוֹבָתָהּ וְיֵעָשֶׂה לְמַעְלָה. (שֶׁכְּבָר עָשָׂה שְׁנַיִם לְמַטָּה שֶׁהֵם חַטָּאת). בַּמֶּה דְּבָרִים אֲמוּרִים כְּשֶׁהֵבִיאָה הָאַרְבָּעָה תְּחִלָּה מִמִּין אֶחָד. אֲבָל אִם הָיוּ שְׁנֵי מִינִין צְרִיכָה לְהָבִיא שִׁשָּׁה עוֹפוֹת. שְׁתֵּי תּוֹרִים עִם שְׁנֵי בְּנֵי יוֹנָה לְנִדְרָהּ. וְתָבִיא לְחוֹבָתָהּ שְׁתֵּי תּוֹרִים אוֹ שְׁנֵי בְּנֵי יוֹנָה וְיֵעָשֶׂה אֶחָד לְמַעְלָה וְאֶחָד לְמַטָּה. וְכֵן אִם נְתָנָתַם לַכֹּהֵן וְשָׁכְחָה מַה נָּתְנָה לוֹ. וְהָלַךְ הַכֹּהֵן וְעָשָׂה וְאֵינוֹ יוֹדֵעַ הֵיכָן עָשָׂה אִם הַכּל לְמַעְלָה אוֹ הַכּל לְמַטָּה אוֹ מֶחֱצָה לְמַעְלָה וּמֶחֱצָה לְמַטָּה. הֲרֵי זוֹ תָּבִיא שְׁתֵּי תּוֹרִים עִם שְׁנֵי בְּנֵי יוֹנָה לְנִדְרָהּ. וְתָבִיא שְׁתֵּי תּוֹרִים אוֹ שְׁנֵי בְּנֵי יוֹנָה לְחוֹבָתָהּ:

[The following laws apply if a woman] defined), the Rambam explains the difference between this instance and the one mentioned in the previous halachah. In the previous halachah, we are speaking about an instance where the woman defined which doves were to be offered for which sacrifice at the time she gave them to the priest to offer and the priest forgot how he had offered them. In this instance, in addition to defining them when giving them to the priest, she pledged to bring them from a specific type and then she forgot which type of doves she pledged to bring for each particular sacrifice. [which types of doves to be offered to fulfill] her vow, saying: "If I give birth to a male, I pledge two turtle doves," and she gave birth and brought four doves: two for her vow and two for her obligation. The priest offered two on the upper portion [of the altar] and two on the lower portion, but did not know which were offered on the upper portion and which were offered on the lower portion and she also forgot and did not know the type of doves she had pledged for her vow, whether turtle doves or young doves. She should bring two turtle doves and two young doves for her vow. [All] four should be offered on the upper portion of the altar. She should bring another dove to complete her obligation and it should be offered on the lower portion. ), the Rambam explains that this follows the same rationale as above. One of the burnt-offerings is acceptable. Hence it is necessary to bring a sin-offering to complete her obligation. He continues explaining that this decision is somewhat of a leniency, because it is possible that she will be offering the sin-offering from a different type of dove than the burnt-offering. Nevertheless, since we do not know of which type the original four doves were, this leniency is granted.The above explanations are based on Rav Kappach's edition of the Rambam's Commentary to the Mishnah. The initial version (preserved in the standard printed texts) reads differently. Similarly, this explanation requires - as suggested by the Kessef Mishneh - amending the standard printed text of the Mishneh Torah to read:it should be offered on the upper portion, for two were already offered on the lower portion as sin-offerings.When does the above apply? When originally she brought all of the four of one type. If, however, they were of two types, she must bring six other doves: two turtle doves and two young doves for her vow and for her obligation, she should bring either two turtle doves or two young doves (which is also supported by Rashi). Rav Yosef Corcus and the Kessef Mishneh explain the Rambam's understanding. and offer one on the upper portion of the altar and one on the lower portion.Similarly, if she gave them to the priest and forgot what she gave him and the priest went and offered them, but was not aware where he offered all of the doves, whether he offered them all on the upper portion, all on the lower portion, or half above and half below, she should bring two turtle doves and two young doves for her vow and two turtle doves or two young doves for her obligation.

קָבְעָה חוֹבָתָהּ וְקָבְעָה נִדְרָהּ וְשָׁכְחָה בַּמֶּה קָּבְעָה. וְאֶפְשָׁר שֶׁחוֹבָתָהּ כֶּבֶשׂ לְעוֹלָה וּפְרֵדָה אַחַת תּוֹר אוֹ בֶּן יוֹנָה לְחַטָּאת. לְפִיכָךְ תָּבִיא שִׁשָּׁה פְּרֵדִין. אַרְבָּעָה לְנִדְרָהּ וּשְׁנַיִם לְחוֹבָתָהּ. וְעוֹד תָּבִיא חַטָּאת אֶחָד בֶּן יוֹנָה אוֹ תּוֹר עִם כֶּבֶשׂ. נִמְצֵאת שֶׁהֵבִיאָה שִׁבְעָה עוֹפוֹת [וְכֶבֶשׂ]:

If she defined [which type of offering to be offered to fulfill] her obligation and [which types of doves to be offered to fulfill] her vow and forgot what she defined, it is [also] possible that her obligation was a lamb for a burnt-offering and a dove - either a turtle dove or a young dove - as a sin-offering. Therefore she must bring six doves - four for her vow and two for her obligation. And she must bring one sin-offering, either a young dove or a turtle dove, with a lamb. 3:5, the source for the Rambam's ruling, does not mention a lamb at all. The Rambam mentions it, both here and in his Commentary to the Mishnah, because otherwise, there is no clear reason why an extra dove should be brought as a sin-offering (Kessef Mishneh). Thus she will have brought seven doves and a lamb.

וְכָל הַחַטָּאוֹת הָאֵלּוּ אֵינָן נֶאֱכָלוֹת מִפְּנֵי שֶׁהֵם סָפֵק:

None of these sin-offerings should be eaten, because they are all offered because of a doubt.