Sifra Nedavah Section 6

¹1) (Vayikra 1:14): "And if from the fowl, an olah is his offering": "the fowl, an olah," but not peace-offerings. (Without the exclusion we might reason:) Now is this not a kal vachomer? If an olah, which may not be brought from females as (they may be brought) from males, may be brought from fowl — peace-offerings, which may be brought from females as from males, how much more so should it be permitted to bring them from fowl! It is, therefore, written "the fowl, an olah" — and not peace-offerings. These are the words of R. Shimon. ²2) R. Yehudah said: Now if female beasts, which may not be brought as oloth, may be brought as peace-offerings — female birds, (and, it goes without saying, male birds,) which may be brought as oloth, how much more so should it be permitted to bring them as peace-offerings! It is, therefore, written "the fowl, an olah" — and not peace-offerings. ³3) "from the fowl" — and not all the fowl. Because it is written (Ibid. 22:19): "a male without blemish, in the cattle, in the sheep, and in the goats," implying that "unblemished male" is a requirement only in the above, but not in fowl, I might think that it is kasher even if its wing were dried up, its eye dug out, or its leg cut off; it is, therefore, written: "from the fowl" — and not all the fowl. ⁴4) R. Shimon said: I might think that an ethnan ("the hire of a prostitute") or a mechir ("the exchange of a dog") were kasher with fowl, and that this would even be supported by a kal vachomer, viz.: Now if consecrated animals are made pasul by a blemish, but not by ethnan and mechir — fowl, which are not made pasul by a blemish, how much more so should they not be made pasul by ethnan and mechir! It is, therefore, written (in relation to ethnan and mechir [Devarim 23:19]): "for every vow" — to include (as interdicted, even) fowl. ⁵5) R. Eliezer says: Wherever "male" and "female" are mentioned, tumtum (an animal of doubtful sex) or androgynus (a hermaphroditic animal) are pasul. "male" and "female," not being mentioned in respect to birds, tumtum and androgynus do not render them pasul. ⁶6) (Vayikra 1:14): "his offering" — an individual may offer a bird, but a bird may not be brought as a communal offering. Now does it not follow (that a bird may be brought as a communal offering), viz.: A beast-burnt-offering may be brought as vow or gift, and a bird burnt-offering may be brought as vow or gift. Just as the first may be brought as a communal gift offering, so, the second! ⁷7) No, this is refuted by a meal-offering, which is brought (by an individual) as gift or vow, but which is not brought as a communal gift-offering. No, that may be so with a meal-offering, which may not be offered (in partnership) by two (persons), as opposed to a bird burnt-offering, which may be brought by two. This is refuted by peace-offerings, which may be brought by two, but which may not be brought as a communal gift-offering. ⁸8) No, it may be that peace-offerings may not be brought as communal gift-offerings because they are excluded (from sacrifice) by (absence of) wholeness or of maleness, as opposed to birds, which are not thus excluded. And since they are not thus excluded, (we would say, without an exclusion clause,) that they may be brought as communal gift offerings. It is, therefore, written: "his offering" — an individual may offer a bird, but a bird may not be brought as a communal offering. ⁹9) Another derivation process (for including fowl in communal gift-offerings, so that an exclusion clause is required for ruling otherwise): Now if a beast burnt-offering, which is limited by Scripture as an offering, not being brought from females as from males, and (not being brought) from blemished animals as from unblemished, still is brought as a communal gift-offering — a bird burnt-offering, which is "broadened" by Scripture as an offering, being brought from females and from males, and from blemished birds as from unblemished — how much more so should it be permitted as a communal gift-offering! It is, therefore, written "his offering" — an individual may offer a bird, but a bird may not be brought as a communal offering.