Keritot 1:4-5
משנה כריתות א:ד-ה
Seder: Kodashim | Tractate: Keritot | Chapter: 1
📖 Mishna
Mishna 1:4
משנה א:ד
Hebrew:
אֵלּוּ מְבִיאוֹת וְאֵינוֹ נֶאֱכָל. הַמַּפֶּלֶת וְאֵין יָדוּעַ מַה הִפִּילָה, וְכֵן שְׁתֵּי נָשִׁים שֶׁהִפִּילוּ, אַחַת מִמִּין פְּטוּר וְאַחַת מִמִּין חוֹבָה. אָמַר רַבִּי יוֹסֵי, אֵימָתַי, בִּזְמַן שֶׁהָלְכוּ זוֹ לְמִזְרָח וְזוֹ לְמַעֲרָב. אֲבָל אִם הָיוּ שְׁתֵּיהֶן עוֹמְדוֹת כְּאַחַת, מְבִיאוֹת קָרְבָּן וְנֶאֱכָל:
English:
And these women bring sin offerings but their sin offerings are not eaten: One who miscarries and does not know the nature of what she miscarried; and two women who miscarried, in a case where one miscarried a fetus of a type for which a woman is exempt from bringing an offering and the other one miscarried a fetus of a type for which a woman is liable to bring an offering, and they do not know which miscarried which type. Rabbi Yosei said: When is their sin offering not eaten? It is when both women went to different places within the Temple to bring their offerings, e.g., this woman went to the east and that woman went to the west. But if both of them were standing together, both of them together bring one sin offering, and it is eaten.
Claude on the Mishna:
This mishna addresses the second category mentioned in 1:3: women who bring the childbirth offering, but whose offering is NOT eaten by the priests. The reason: uncertainty about whether a valid birth occurred.
Two cases of uncertainty:
-
Individual uncertainty - A woman miscarried but doesn’t know what. Maybe it was human-formed (obligating her), maybe not. Out of doubt, she brings an offering, but priests cannot eat something that might be unnecessary (chulin brought into the Temple).
-
Mixed-up identities - Two women miscarried together. One definitely had an obligating form, one didn’t - but they don’t know who is who. Each must bring an offering (because she might be the one obligated), but neither offering can be eaten (because it might be unnecessary).
Rabbi Yosei’s clever solution:
He distinguishes based on whether the women separated or stayed together:
- Separated (went east and west) - Each must bring her own doubtful offering; neither is eaten
- Stayed together - They can jointly bring ONE offering between them. That offering IS eaten because we know for certain that ONE of them is obligated. The offering definitely has a valid “owner” - we just don’t know which woman.
This solution demonstrates creative halachic thinking: by restructuring the situation (joint offering instead of individual), the doubt is resolved at the level of the offering itself.
Key Terms:
- מְבִיאוֹת וְאֵינוֹ נֶאֱכָל (mevi’ot ve’eino ne’echal) = Bring offering but not eaten - due to doubt
- מִמִּין פְּטוּר (mimin petur) = “Of a type that exempts” - non-obligating miscarriage
- מִמִּין חוֹבָה (mimin chova) = “Of a type that obligates” - requiring offering
- עוֹמְדוֹת כְּאַחַת (omdot ke’achat) = “Standing together” - enabling joint offering
Mishna 1:5
משנה א:ה
Hebrew:
אֵלּוּ שֶׁאֵינָן מְבִיאוֹת. הַמַּפֶּלֶת שָׁפִיר מָלֵא מַיִם, מָלֵא דָם, מָלֵא גְנִינִים, הַמַּפֶּלֶת כְּמִין דָּגִים וַחֲגָבִים שְׁקָצִים וּרְמָשִׂים, הַמַּפֶּלֶת יוֹם אַרְבָּעִים, וְיוֹצֵא דֹפֶן. רַבִּי שִׁמְעוֹן מְחַיֵּב בְּיוֹצֵא דֹפֶן:
English:
These women do not bring a sin offering: A woman who miscarries an amniotic sac full of water, or one full of blood, or one full of different colors; and likewise a woman who miscarries a fetus with a form similar to fish, or grasshoppers, or repugnant creatures, or creeping animals; and a woman who miscarries on the fortieth day of her pregnancy; and a woman who gives birth by caesarean section. Rabbi Shimon deems a woman liable to bring a sin offering in the case where she gives birth by caesarean section.
Claude on the Mishna:
This mishna completes the trilogy by listing cases where the woman does NOT bring any childbirth offering:
No formed fetus:
- Sac full of water - No fetal development
- Sac full of blood - Pregnancy didn’t develop
- Sac full of colors (geninim) - Various tissues but no fetus
Non-human forms (according to Sages from 1:3):
- Fish-like forms
- Grasshoppers
- Repugnant creatures (sheratzim)
- Creeping animals (remasim)
Timing issues:
- Fortieth day - Before day 40, the pregnancy is not considered a formed fetus. The Talmud considers the first 40 days as “mere water” (maya be’alma). Only from day 41 is there potential human status.
Manner of birth:
- Caesarean section (yotzei dofen) - The Torah says “when a woman conceives and gives birth” (Leviticus 12:2). The Sages derive that the birth must be through the natural birth canal. Caesarean birth doesn’t trigger childbirth impurity or offering requirements.
Rabbi Shimon disagrees on caesarean: He holds that the birth itself, regardless of method, triggers the obligation. The focus is on the child being born, not on HOW it emerged.
Key Terms:
- שָׁפִיר (shafir) = Amniotic sac/membrane
- גְנִינִים (geninim) = Various colored tissues - no formed fetus
- שְׁקָצִים (shekatzim) = Repugnant creatures
- רְמָשִׂים (remasim) = Creeping animals
- יוֹם אַרְבָּעִים (yom arba’im) = Day forty - threshold for fetal status
- יוֹצֵא דֹפֶן (yotzei dofen) = “Emerged through the wall” - caesarean section