QUESTIONS: Rebbi Yehudah and Rebbi Nechemyah argue which Avodos are
invalidated if done out of order. Rebbi Nechemyah says that any Avodah done
while wearing the Bigdei Lavan -- whether done in the Kodesh Ha'Kodashim or
in the Heichal -- is invalidated if done out of order. Rebbi Yehudah says
that only Avodos performed in the Kodesh Ha'Kodashim are invalidated if
done out of order.
Rebbi Chanina adds that if the Kohen Gadol performs the Chafinah of the
Ketores before slaughtering the Par (which is out of order, since the
Shechitah is supposed to be done *before* the Chafinah), it invalidates the
Avodah. Even though the Chafinah and Shechitah are not done inside the
Kodesh Ha'Kodashim, the Gemara says that even Rebbi Yehudah agrees that the
Chafinah and Shechitah will be invalidated if done out of order. Since the
Chafinah is needed for an Avodah done inside the Kodesh Ha'Kodashim (i.e.
the burning of the Ketores), and, also, the Shechitah is needed for an
Avodah done inside the Kodesh Ha'Kodashim (sprinkling the blood of the
Par), they are considered to be Avodos done inside the Kodesh Ha'Kodashim
and a change in their order will invalidate them. This is the Chidush of
Rebbi Chanina.
The Gemara challenges Rebbi Chanina's suggestion from our Mishnah (60a).
The Mishnah states that if the blood of the par spilled before the Kohen
Gadol finished sprinkling the blood in the Kodesh Ha'Kodashim, he must
slaughter another Par and begin the Haza'os again. However, if he does so,
it comes out that the Shechitah of the Par (the new one, that is) is being
done *after* the Chafinah, and yet the Mishnah does not require him to do a
new Chafinah after slaughtering the new Par, as Rebbi Chanina requires!
This is the Gemara's question on Rebbi Chanina's principle that the Avodos
which are needed for something that is done inside the Kodesh Ha'Kodashim
are themselves considered to be like Avodos done in the Kodesh Ha'Kodashim
(so that doing them out of order will invalidate them even according to
Rebbi Yehudah).
(1) REBBI AKIVA EIGER wonders why the Gemara asks this question only on
Rebbi Chanina? Even without Rebbi Chanina's Chidush, the law in the Mishnah
is problematic. If the Kohen Gadol slaughters another Par after he started
sprinkling the blood, then he is slaughtering it after he has offered the
Ketores. The Avodah of the Ketores was done inside the Kodesh Ha'Kodashim
and must be done *after* the Shechitah of the Par. If he must slaughter a
new Par, the Ketores ends up being out of order (being done *before* the
Shechitah instead of after). If so, he should have to perform a new
Haktaras ha'Ketores after slaughtering the new Par, yet the Mishnah makes
no mention of such a requirement! Why does the Gemara not ask this question
(i.e. that the Mishnah does not say that the *Haktaras ha'Ketores* must be
redone), instead of asking exclusively on Rebbi Chanina's opinion (i.e.,
that the Mishnah does not say that the *Chafinah* must be redone)?
(2) Second, at the top of the next Amud (61a), Ula proves that our Mishnah
follows the opinion of Rebbi Nechemyah. The Mishnah says that if the
Haza'as Dam Se'ir was done before the Haza'as Dam Par, the Haza'as Dam
Se'ir must be done again after the Haza'as Dam Par. Ula explains that it
must be referring to the Haza'as Dam Se'ir which is done in the *Heichal*,
and nevertheless the wrong order invalidates it. Only Rebbi Nechemyah says
that the order is Me'akev when it comes to Avodos done in the Heichal. The
reason the Mishnah must be referring to the Avodos done in the Heichal,
explains Ula, is because if the Mishnah is referring to the Haza'as Dam
Se'ir which is done in the Kodesh Ha'Kodashim, it would not help to redo
the Haza'as Dam Se'ir after the Haza'as Dam Par. Since the initial Haza'as
Dam Se'ir was done before the initial Haza'as Dam Par, that means that the
Se'ir was also *slaughtered* before the Haza'as Dam Par, and thus the
Shechitah of the Se'ir would also have to be redone after the Haza'as Dam
Par! Since the Mishnah makes no mention of such a requirement, it must be
that the Mishnah follows the opinion of Rebbi Nechemyah and is referring to
the Haza'as Dam done in the Heichal.
If so, why does our Gemara say that the Mishnah is problematic according to
Rebbi Chanina (who says that Avodos done outside of the Kodesh Ha'Kodashim
which are needed for inside the Kodesh Ha'Kodashim are invalidated when
done in the wrong order)? The Mishnah is problematic in and of itself, even
if Rebbi Chanina's principle is not true! The Mishnah follows the opinion
of Rebbi Nechemyah, who holds that *any* Avodah performed while wearing the
Bigdei Lavan will be invalidated when done in the wrong order. Of so, it
certainly should not suffice to slaughter another Par and begin the
Haza'os again (in the Mishnah's case of the blood of the Par spilling
before completing the Haza'os), because the Chafinah will be then done out
of order (before, instead of after, the Shechitas ha'Par)!
ANSWERS:
(a) REBBI AKIVA EIGER answers both questions by citing the words of the
TOSFOS YESHANIM (40a, DH Nehi) and the RITVA here who suggest that
according to Rashi, the Gemara's conclusion is that the only time a change
in the order invalidates the Avodos is when both of those Avodos are Avodos
performed in the Kodesh Ha'Kodashim. There is no problem, though, when an
Avodas Penim (one which is performed inside the Kodesh Ha'Kodashim) is done
before or after an Avodas *Chutz*. If an Avodas Penim is done out of order,
such as before an Avodas Chutz instead of after it, according to Rebbi
Yehudah it is still valid.
For this reason, performing the Avodas ha'Ketores (an Avodas Penim) before
the Shechitas ha'Par (an Avodas Chutz) is not a problem at all. The problem
is only if the Shechitas ha'Par is considered an Avodas Penim -- then it
may not be done before the Ketores (or the Chafinah, which is also
considered an Avodas Penim). But that is only a problem if we accept Rebbi
Chanina's principle that something that is done outside of the Kodesh
Ha'Kodashim but which is needed for inside the Kodesh Ha'Kodashim is
considered an Avodas Penim (see Rashi 60a, DH b'Vigdei Lavan). That is why
the Gemara is only asking its question on Rebbi Chanina; according to Rebbi
Chanina, the Shechitas ha'Par must be done before the Chafinah, since they
are both considered to be Avodos Penim. Without Rebbi Chanina, though,
there is no question on the Mishnah, because the Ketores is an Avodas Penim
while the Shechitas ha'Par is an Avodas Chutz, and thus their order has no
bearing on each other (i.e. there is no requirement for the Shechitas
ha'Par to come before the Ketores).
The second question is also answered. We could have said that the Mishnah
follows the opinion of Rebbi Yehudah and not Rebbi Nechemyah, had it not
been for Rebbi Chanina's statement that the Shechitas ha'Par is considered
an Avodas Penim. When the Mishnah says that the Se'ir was slaughtered and
its blood sprinkled before the Haza'as Dam Par, it could be referring to
the Haza'os done in the Kodesh Ha'Kodashim and is following the opinion of
Rebbi Yehudah. It suffices to do another Haza'ah of the blood of the Se'ir
and it is not necessary to slaughter another Se'ir after the Haza'as Dam
Par, because the Shechitah is not an Avodas Penim (before we knew of Rebbi
Chanina's Chidush), and therefore its order has no bearing on the Avodas
Penim.
(b) The previous answer is only according to the Tosfos Yeshanim's
understanding of Rashi, as we pointed out. Many Rishonim disagree based on
the Gemara earlier (40a) which says that if an Avodas Penim is done out of
order relative to an Avodas Chutz, it is also invalid.
REBBI AKIVA EIGER explains that the first question can still be answered
based on what the TOSFOS YESHANIM says in our Sugya (DH Aval b'Devarim).
The Tosfos Yeshanim says that an Avodah is invalidated only if it is
performed *later* than it is supposed to be, but not when it is performed
*earlier* than it is supposed to be. If an Avodas Penim, done in the Kodesh
Ha'Kodashim, is performed *earlier* than an Avodas Chutz which is supposed
to precede the Avodas Penim, according to Rebbi Yehudah it is nevertheless
valid.
Hence, performing the Avodas ha'Ketores *before* the Shechitas ha'Par is
not a problem at all. The only problem is if the Shechitas ha'Par is
considered an Avodas Penim, as Rebbi Chanina states; if it is considered an
Avodas Penim, then it may not be done *after* the Chafinah or the Ketores.
That is only a problem according to Rebbi Yehudah if we accept Rebbi
Chanina's principle that an Avodah which is done for something inside the
Kodesh Ha'Kodashim, such as Chafinah or Shechitas ha'Par, is considered an
Avodas Penim. That is why the Gemara is only asking on Rebbi Chanina: if
the Shechitas ha'Par has to be redone, then the Chafinah should have to be
redone after it. Without Rebbi Chanina, the Mishnah is not problematic when
it says that the Shechitas ha'Par is redone without having to redo the
Ketores after it -- it is not a problem for the Ketores to be done *before*
the Shechitas ha'Par (and doing the Shechitah *after* the Ketores is not a
problem because it is not an Avodas Penim).
However, this does not answer Rebbi Akiva Eiger's second question, that the
Mishnah follows the opinion of Rebbi Nechemyah and it should not suffice to
redo the Shechitas ha'Par and not the Chafinah (and Ketores), since it is
clear that the Mishnah holds that the order is Me'akev all Avodos done in
the Bigdei Lavan, even those done in the Heichal and Azarah. In the first
answer, it was suggested that without the Chidush of Rebbi Chanina there is
no problem with the Haza'as Dam Par being done after the Shechitas ha'Se'ir
(since one is done in the Kodesh Ha'Kodashim and the other is done
outside). According to Rebbi Nechemyah, though, the Avodos done inside and
outside are all the same, and thus the Haza'as Dam Par cannot be done after
an Avodas Chutz, the Shechitas ha'Se'ir. A change in the order should
invalidate the Avodos! Rebbi Akiva Eiger does not answer this question.
We might suggest a simple answer based on the opinion of the RAMBAM
(Hilchos Avodas Yom ha'Kipurim 5:1, according to the Lechem Mishnah's
understanding) and the BARTERNURA on our Mishnah. They say that the Tana of
our Mishnah is a *third* opinion which agrees with neither Rebbi Yehudah
nor Rebbi Nechemyah. This third Tana maintains that Avodos done in the
Kodesh Ha'Kodashim or in the Heichal must be done in order, but an Avodah
done while wearing Bigdei Lavan *outside* of the Heichal is not Me'akev if
it is done out of order (see Chart #14). Therefore, our Mishnah would not
invalidate the change in order of the Shechitas ha'Par (which is done
outside the Heichal) if not for Rebbi Chanina's Chidush that it is
considered an Avodas Penim.