Rav Perlow in his magnum
opus, his commentary on the Smag lav 264 says the Rambam doesn’t count
it as a separate mitzvah because it is a detail in the mitzvah of
the tamid and the Rambam in shoresh 12 explains that details of a
law aren’t counted as separate mitzvot.
We see that there
is an argument between these Rishonim if the din is law in the tammid,
it must be the start and end of the day or if it is a law in korbanot that they must be sandwiched between temmidim. See
Briskor Rav Menachos 49a if there is an issur of offering korbanot before/after
the tammid if there is no tammid (see also Or Hachaim at the beginning of our parsha,) the issue should hinge on this
point. It is noteworthy that the
Megillas Ester gives a different explanation for the omission of the Rambam and
that is that he doesn’t count an issur aseh as a mitzvah.
Tosfos in Pesachim
equates the law that nothing can precede the tammid of the morning to
the law of תדיר קודם. According to Tosfos the
two dinim of nothing before the morning tammid and nothing after
the afternoon tammid are distinct.
The afternoon tammid limits the time that a korban can be
offered but the morning tammid takes precedence before other korbanot,
but it doesn’t come to limit the time one can offer a korban. However,
the simple reading of the Ramban (ibid) is that they are the same law. Tosfos in Yoma 29b and Menachos 49b that understands
that the law of the tammid having to take precedence applies to disqualify
a korban offered a night because it preceded the tammid of the
morning. At night there is no commandment
yet to offer the tammid, yet Tosfos assumes there is a law that the tammid
must be offered first, we see he holds its not just a law of precedence, it’s a
law limiting the time frame of korbanot.
There is a debate
in the Rishonim if a korban offered before the morning tammid becomes
disqualified (see Tosfos Pesachim, Tosfos Horious 4a, Ritvah Yoma 29a, Raavad
Tammid 29a etc.) One might think this
should hinge upon the issue we started with.
If it’s a din in the tammid, then its not something wrong with
the korban offered and it should still be valid. However, if it’s a law in the korban,
then it will deem the korban invalid.
However, this explanation doesn’t hold water for the Raavad holds the korban
becomes disqualified even though he holds that it’s a din in the tammid
for he says if there is no tammid, then one offers other korbanot at any time. So, what could be the
explanation of his opinion?
Rav Ezrachi (Pesachim #25) explains the yesod
of the din (he answers many questions with this principle,) is a law
of seder in the daily korbanot.
The Torah is giving an order in which the korbanot must be
offered. Based upon this, I believe we
can understand the Raavad. What’s wrong with
the korbanot is that they didn’t follow the prescribed order and that
disqualifies them.
Rashi on the verse,
6:5 and even clearer in Pesachim 58b and 59a (and Yoma 33b) is clear that the
law of the morning tammid coming first is a law in the fire of the mizbaoch,
that the tammid should be the first offering burnt on the fire. This fits very well with the context of the possuk
that puts this law of השלמה within the commandment to have a fire on the mizbaoch. Based upon this we have an answer to the question
of Tosfos as to why this isn’t the regular law of תדיר
קודם. The Mefaresh on Tammid (39a) says that even korbanot that were burning overnight can’t be burnt in the day before the tammid. The Rosh disagrees for the tammid must
only come before the korbanot of the day. The Mefaresh however holds like Rashi that
its in a din in the fire of the mizbaoch that the first offering
burnt on it must be the tammid.
This law wouldn’t be included in the regular rule of תדיר קודם because their mitzvah has already been started (Minchas
Avraham Yoma.)
What we see from here
is that the Torah emphasizes the very important, basic principle in Judaism (as
discussed by Rav Yeruchem in intro. to Daas Torah,) of seder. The Torah prescribes an order for the Temple
service because such a holy place must run on a daily schedule.
The Rambam Kli
Mikdash 10:1 gives the order in which a kohan must don his garments based
upon the pessukim in our parsha.
This makes sense only in because the Rambam holds there is an independent
mitzvah to wear the garments; its not just a preparation for the avodah
as discussed here. The Briskor Rav (Kuntres
Yoma) points out that the Rambam learns from the order Aharon and his sons
put on the garments the order in which it must be done. He questions how we can learn from here if a
may just be a הוראת שעה for that time. Either
way we see again that the order in which things were done plays a vital role in
the fulfillment of the mitzvah in its optimal form.
seder shout out
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