Update On Ketores

A few months ago before the Russian bots became the only consistent readers of this blog there was a question raised here as to what the status of a ketores offered שלא לשמה is.  Reb Chaim and the Briskor Rav assume its kasher for the mitzvah isn't the atonement, just the maaseh haktorah and that was accomplished.  On the other hand the Beis Halevi is quoted as saying that its pasel because there is no such thing as a nidvas ketores and if it isn't done leshma it doesn't count for the atonement and then reverts to having the status of a nedavah.  Seems to be a contradiction in the Briskor dynasty?

In the Minchas Asher in this week's parsha and in the Minchas Avrohom Yoma 44a they want to suggest that there is no contradiction.  The Reb Chaim is referring to the ketores offered year round and that is indeed just an obligation of a maaseh haktorah.  However, the Beis Halevi is talking about the ketores of the avodas Yom Hakipurrim and that is brought as a kaparah and if its offered שלא לשמה it will not count towards the obligation of the tzibbur and will hence be passul because there can't be a nedavah of ketores.