QUESTIONS: Rebbi Yehudah and Rebbi Nechemyah argue about which Avodos are disqualified if done out of their proper order. Rebbi Nechemyah says that any Avodah which the Kohen Gadol performs while he wears the Bigdei Lavan, whether in the Kodesh ha'Kodashim or in the Heichal, is disqualified when done out of order. Rebbi Yehudah says that only an Avodah which the Kohen Gadol performs in the Kodesh ha'Kodashim is disqualified if done out of order.

Rebbi Chanina adds that if the Kohen Gadol performs the Chafinah of the Ketores before he slaughters the Par (when he is supposed to perform the Shechitah before the Chafinah), the Avodah is disqualified. Even though the Chafinah and Shechitah are Avodos that are performed outside of the Kodesh ha'Kodashim, the Gemara says that even Rebbi Yehudah agrees that the Chafinah and Shechitah are disqualified when performed out of order. Since the Chafinah is needed for an Avodah performed inside the Kodesh ha'Kodashim (the burning of the Ketores), and the Shechitah is needed for an Avodah performed inside the Kodesh ha'Kodashim (the sprinkling of the blood of the Par), they are considered to be Avodos performed inside the Kodesh ha'Kodashim such that a change in their order disqualifies them. This is the teaching of Rebbi Chanina.

The Gemara challenges Rebbi Chanina's suggestion from the 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, according to the Mishnah's statement, the Shechitah of the new Par is done after the Chafinah, and yet the Mishnah does not require the Kohen Gadol to perform a new Chafinah after he slaughters the new Par. Accordingly, the Mishnah contradicts Rebbi Chanina's teaching that Avodos which are needed for an Avodah performed inside the Kodesh ha'Kodashim are considered to be Avodos done in the Kodesh ha'Kodashim themselves (and if they are performed out of order they become disqualified, even according to Rebbi Yehudah).

Why does the Gemara ask this question only on the opinion of Rebbi Chanina? The law in the Mishnah is problematic even without Rebbi Chanina's teaching. If the Kohen Gadol slaughters another Par after he has begun to sprinkle the blood, that means that he is slaughtering it after he has offered the Ketores. The Avodah of the Ketores is done inside the Kodesh ha'Kodashim and must be done after the Shechitah of the Par. When the Kohen Gadol slaughters a new Par, the Ketores is pushed out of order (before the Shechitah instead of after it). He should be required to perform a new Haktaras ha'Ketores after he slaughters the new Par, but the Mishnah makes no mention of such a requirement. The Gemara should ask why the Mishnah does not say that the Haktaras ha'Ketores must be redone. Why does it question only Rebbi Chanina's opinion and ask that the Mishnah does not say that the Chafinah must be redone? (REBBI AKIVA EIGER)

Moreover, the Gemara later (beginning of 61a) quotes Ula who proves that the Mishnah follows the opinion of Rebbi Nechemyah. The Mishnah says that if the Haza'ah of the blood of the Sa'ir was performed before the Haza'ah of the blood of the Par, the Haza'as Dam ha'Sa'ir must be done again after the Haza'as Dam ha'Par. Ula asserts that the Mishnah refers only to the Haza'as Dam ha'Sa'ir which is performed in the Heichal, and nevertheless it is disqualified when done in the wrong order. The only Tana who says that the wrong order disqualifies an Avodah performed in the Heichal is Rebbi Nechemyah.

Ula explains his assertion that the Mishnah refers only to the Avodah done in the Heichal. The Mishnah's statement cannot refer to the Haza'as Dam ha'Sa'ir which is performed in the Kodesh ha'Kodashim, because in such a case it would not help to redo the Haza'as Dam ha'Sa'ir after the Haza'as Dam ha'Par. The fact that the initial Haza'as Dam ha'Sa'ir was done before the initial Haza'as Dam ha'Par indicates that the Sa'ir itself was slaughtered before the Haza'as Dam ha'Par was performed, and thus the Shechitah of the Sa'ir itself would also need to be redone after the Haza'as Dam ha'Par. Since the Mishnah makes no mention of such a requirement, it must be that the Mishnah follows the opinion of Rebbi Nechemyah and refers only to the Haza'as Dam ha'Sa'ir performed in the Heichal.

Why, then, does the Gemara here ask that the Mishnah is problematic according to Rebbi Chanina (who says that Avodos which are performed outside of the Kodesh ha'Kodashim and are needed for an Avodah performed inside the Kodesh ha'Kodashim are disqualified when done in the wrong order)? The Mishnah is problematic regardless of Rebbi Chanina's principle! The Mishnah follows the opinion of Rebbi Nechemyah, who maintains that any Avodah the Kohen Gadol performs while he wears the Bigdei Lavan becomes disqualified when he performs it in the wrong order. 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 that spilled before the Haza'os were completed), because the Chafinah will be done out of order (before the Shechitas ha'Par).

(a) REBBI AKIVA EIGER answers both questions by citing the words of the TOSFOS YESHANIM (40a, DH Nehi) and the RITVA here. They suggest that according to Rashi, the Gemara's conclusion is that a change in the order of Avodos invalidates the Avodos only when both Avodos are those performed in the Kodesh ha'Kodashim. In contrast, when an Avodas Penim (an Avodah performed inside the Kodesh ha'Kodashim) is performed in the wrong order before or after an Avodas Chutz (an Avodah performed in the Heichal), the Avodah remains valid (according to Rebbi Yehudah).

For this reason, when the Avodas ha'Ketores (an Avodas Penim) is performed before the Shechitas ha'Par (an Avodas Chutz), the Avodah is valid. Only if the Shechitas ha'Par is considered an Avodas Penim (because it is performed for the sake of an actual Avodas Penim) may it not be done before the Ketores (or the Chafinah, which is also considered an Avodas Penim), according to Rebbi Chanina who rules that an Avodah performed outside of the Kodesh ha'Kodashim but which is needed for an Avodah inside the Kodesh ha'Kodashim is considered an Avodas Penim (see Rashi 60a, DH b'Vigdei Lavan). Therefore, the Gemara asks its question only on the view of Rebbi Chanina. According to Rebbi Chanina, the Shechitas ha'Par must be done before the Chafinah, since both are considered Avodos Penim. Without Rebbi Chanina's principle, the Mishnah itself is not problematic because the Ketores is an Avodas Penim while the Shechitas ha'Par is an Avodas Chutz, and thus their order respective to each other is not relevant (that is, there is no requirement for the Shechitas ha'Par to be done before the Ketores).

This approach also answers the second question. Had Rebbi Chanina not stated that the Shechitas ha'Par is considered an Avodas Penim, the Gemara would not have asserted that the Mishnah follows the opinion of Rebbi Nechemyah and not that of Rebbi Yehudah. When the Mishnah says that the Sa'ir was slaughtered and its blood sprinkled before the Haza'as Dam ha'Par, it may refer to the Haza'os performed in the Kodesh ha'Kodashim and follows the opinion of Rebbi Yehudah. In that case, it suffices to perform another Haza'ah of the blood of the Sa'ir and it is not necessary to slaughter another Sa'ir after the Haza'as Dam ha'Par, because the Shechitah is not an Avodas Penim (without Rebbi Chanina's principle), and its order has no bearing on the Avodas Penim.

(b) The previous answer is valid only according to the Tosfos Yeshanim's understanding of Rashi. However, many Rishonim disagree with this understanding based on the Gemara earlier (40a) which says that if an Avodas Penim is done in the wrong order relative to an Avodas Chutz, the Avodah becomes disqualified.

REBBI AKIVA EIGER explains that the first question still can be answered based on the words of the TOSFOS YESHANIM (DH Aval b'Devarim). The Tosfos Yeshanim says that an Avodah becomes disqualified only when it is performed later than the order requires, but not when it is performed earlier than the order requires. If an Avodas Penim is performed in the Kodesh ha'Kodashim earlier than an Avodas Chutz which is supposed to precede that Avodas Penim, it is valid nevertheless, according to Rebbi Yehudah.

Accordingly, when the Avodas ha'Ketores is performed before the Shechitas ha'Par, the Avodah is valid. Only if the Shechitas ha'Par is considered an Avodas Penim, as Rebbi Chanina states, will it be disqualified when performed after the Chafinah or the Ketores. This is a problem according to Rebbi Yehudah only if Rebbi Chanina's principle is correct. For this reason, the Gemara questions only Rebbi Chanina. According to Rebbi Chanina, if the Shechitas ha'Par must be redone, then the Chafinah should have to be redone after it. Without Rebbi Chanina's principle, the Mishnah is not problematic when it says that the Shechitas ha'Par is redone but does not say that the Ketores also must be redone after it; the Ketores may be done before the Shechitas ha'Par (and performing the Shechitah after the Ketores is not problematic because it is not an Avodas Penim).

However, this answer does not address Rebbi Akiva Eiger's second question. Since the Mishnah follows the opinion of Rebbi Nechemyah, it should not suffice to redo the Shechitas ha'Par and not the Chafinah (and Ketores), since it is clear that the Mishnah maintains that a change in the order disqualifies all Avodos that the Kohen Gadol performs while he wears the Bigdei Lavan, even those he performs in the Heichal and Azarah. The first answer (above) suggested that without the principle of Rebbi Chanina, the Avodah is valid when the Haza'as Dam ha'Par is done after the Shechitas ha'Sa'ir (because one Avodah 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 considered to have the same status, and thus the Haza'as Dam ha'Par cannot be done after the Shechitas ha'Sa'ir, an Avodas Chutz. A change in the order should disqualify the Avodos! Rebbi Akiva Eiger does not answer this question.

Perhaps a simple answer may be suggested based on the opinion of the RAMBAM (Hilchos Avodas Yom ha'Kipurim 5:1, according to the Lechem Mishneh's understanding) and the BARTERNURA. They explain that the Tana of the Mishnah here is a third opinion which agrees with neither Rebbi Yehudah nor Rebbi Nechemyah. This third Tana maintains that Avodos performed in the Kodesh ha'Kodashim or in the Heichal must be done in the proper order, but an Avodah performed with the Bigdei Lavan outside of the Heichal is not disqualified when performed out of order (see Chart). Accordingly, the Mishnah would not disqualify the Shechitas ha'Par (which is performed outside the Heichal) when it is performed out of order if not for Rebbi Chanina's statement that it is considered an Avodas Penim.