Explanation: This does not mean that they made their words stronger than Torah in general. Rather, they supported their words more than the Torah supported its laws.

Explanation #1: Therefore it says "ka'Eleh". Rashi explained that Moshe admitted to [Aharon], like it says "va'Yitev b'Einav." If [Moshe] heard from Hash-m a Heter [to eat] in Aninus, that day, why did he agree?

Shmuel answers that it is like R. Nechemyah, who said that it was burned due to Aninus. R. Nechemyah does not expound "they will eat it in Aninus";

Rather, Moshe said to them as follows. So I was commanded, that even this Minchah of the Tzibur, for we do not find a Minchah offered for the Tzibur like this, is eaten;

Moshe did not remember about Aninus to expound a Kal v'Chomer from Ma'aser. When Aharon reminded him, Moshe admitted. So Rashi explained.

Explanation #1 (cont.): Shmuel holds that it is unreasonable to answer like Rava, that both of these are R. Nechemyah - this discusses Kodshei Sha'ah (only for the Milu'in), and this discusses Kodshei Doros (that apply for all generations);

Moshe heard a Heter for Aninus for the Minchah, which is Kodshei Sha'ah, and he thought that the same applies to the Chatas of Rosh Chodesh, which is Kodshei Doros. [Shmuel disagrees, for] it is unreasonable that Moshe should err between Kodshei Sha'ah and Kodshei Doros.

Question #1: According to Shmuel, what did R. Nechemyah answer to R. Yehudah's question "if you will say that it was burned due to Aninus, all three should have been burned!"?

Question #2: Below, there is a distinction according to R. Nechemyah between Kodshei Sha'ah and Kodshei Doros. It says "according to R. Nechemyah, why does it say ha'Yom? It was an obligation of this day (Se'ir Rosh Chodesh,) i.e. [Kodshei] Doros.

Explanation #2: [The Makshan] is thinking that "like I commanded" written about Se'ir Rosh Chodesh does not mean "like I commanded about the Minchah, do to the Chatas";

Rather, like I command now, eat it in Aninus. Moshe thought that just like Aninus of the night was permitted for Kodshei Doros, the same applies during the day. He erred between day and night;

Therefore, he asks a contradiction [from a Beraisa that says that] it was burned due to Aninus. If Aninus of the night was permitted, why was it burned? They should have eaten it at night!

[The Gemara] answers that one Beraisa is R. Nechemyah, and one is R. Yehudah.

Explanation #2 (cont.): It means as follows. The Beraisa above, that permits Aninus of the night for all Kodshim, is like R. Yehudah. The Se'ir Rosh Chodesh was burned due to Tum'ah;

However, R. Nechemyah holds that even night is forbidden for Kodshei Doros, [e.g.] Se'ir [Rosh] Chodesh, and Aninus was permitted only for Kodshei Sha'ah;

However, Moshe said "like I commanded" written regarding Se'ir Rosh Chodesh does not mean "like I commanded about the Minchah, also Chatas ha'Chodesh you should have eaten in Aninus. He thought that all Kodshim were permitted to [Aharon].

Comment - Question: Why didn't [Shmuel] answer that both are R. Nechemyah - this discusses Kodshei Sha'ah, and this discusses Kodshei Doros?

Answer: It is because "like I commanded" is written about the Chatas, which is Kodshei Doros;

Rava holds that "like I commanded" refers to the Minchah, and not the Chatas. [Moshe] said as follows. Like I was commanded about the Minchah through Hash-m, so I command you by myself about the Chatas.

Support (for Explanation #2): Now it is not difficult for Shmuel, that they should have burned all three, for R. Nechemyah distinguishes Kodshei Sha'ah from Kodshei Doros.

Question: You cannot learn from Ma'aser, because it requires Kesef Tzurah (one can redeem it only through minted coins, unlike all other Hekdesh)! [The Gemara] asks like this in Makos (17b. Tosfos (Yevamos 70b DH d'Pesach) answers that we learn other Kodshim from Pesach. Tosfos (Shabbos 25a DH Ha) says that this question applies only to eating outside the wall of Yerushalayim, without redemption.)

Question: Also at night we should say the Kal v'Chomer, for R. Yehudah holds that Aninus of the night is mid'Oraisa for Doros! (Birkas ha'Zevach and Panim Me'iros say that the primary Aninus is during the day, so presumably, we should establish the Heter to eat Kodshei Sha'ah in Aninus to the night.)

Version #1: [Granted, R. Nechemyah explains Hen ha'Yom Hikrivu, i.e.] this Korban is offered for an obligation of the day, and it is Kodshei Doros. Did I eat Chatas today?! Perhaps you heard only about Kodshei Sha'ah!

Question: However, according to Rabanan, who say that [Aharon] said to [Moshe] "perhaps you heard only at night", why did he say Hen ha'Yom Hikrivu?

Answer: He said as follows. You said to me "perhaps you offered it in Aninus?" Did they, my sons, Hedyotos, offer any Korban today? I offered them! This is Rashi's text and his Perush.

Note: "Akrivtei" connotes that you (singular) offered it. No one mentioned that Moshe forgot that a Kohen Gadol may offer b'Aninus! Perhaps Moshe suspected that one of his sons offered, but attributed the Hakravah to Aharon, for Aharon should have taken responsibility to ensure that they be offered properly.

Consequence: According to this, according to the opinion that it was burned due to Aninus, Hen ha'Yom was said b'Nichusa (it is not a question), and according to the opinion [that it was burned] due to Tum'ah, it was said in astonishment.

Question: Above (16a) it connotes oppositely!

Version #2: It seems that also the text in this last question is "granted, according to Rabanan, it says Hen ha'Yom", like in the first [question]. In both, we challenge R. Nechemyah from "ha'Yom", like Rashi explained in the first;

He answers [that Aharon] said as follows. Did they offer it?! I offered all the Korbanos offered today!

Explanation: Hash-m blessed him that he will be a Kohen. He could have become a Kohen immediately;

However, first he must be dressed [in Bigdei Kehunah] and anointed [with Shemen ha'Mishchah] and inaugurated through [Minchas] Chavitim, like the law of a Kohen Hedyot, who is inaugurated through Chavitim, like we say in Menachos (51b);

Note: The Griz asks why he needed Meshichah. After the Milu'im, only a Kohen Gadol needs Meshichah! He also asks why Tosfos says below that he needs the consent of Yisrael (i.e. the Sanhedrin). If Tosfos discusses becoming Kohen Gadol, like Piskei Tosfos connotes, this would answer both questions. In any case it is astounding that they did not consent to him after Hash-m gave to him Bris Shalom and Bris Kehunas Olam, and implied that He would have eradicated the nation had Pinchas not atoned for them (Bamidbar 25:11-13)!

However, perhaps all of Yisrael did not consent to him at the time, because he killed the Nasi of a Shevet, until he made Shalom between the Shevatim in the days of Yehoshua. Then they consented to him and dressed him and anointed him and inaugurated him through Chavitim.

Explanation: He became a Kohen from the days of Moshe, and when he made Shalom, his lineage was ascribed to be called a Kohen, and to ascribe the lineage of his descendants in the preeminence of Kehunah to be Kohanim Gedolim;

We find in Divrei ha'Yamim (1:5) that there were Kohanim Gedolim [after Elazar] only from Pinchas. (The verses list generations that descended from Pinchas, until the Churban. It does not explicitly say that all were Kohanim Gedolim, nor that these were the only Kohanim Gedolim in Bayis Rishon.)

The Sifri derives this from "Es Brisi Shalom" that there were eight Kohanim from him in Bayis Rishon, and 300 in Bayis Sheni. All are listed in the Sifri. (Chak Nasan changes our text to say 18 in Bayis Rishon and 80 in Bayis Sheni, like the Sifri (Balak 131). They are not listed there. Yoma 9a says that there were 300 Kohanim Gedolim in Bayis Sheni.)

Note: Also Sefer ha'Yashar and Riva in Tosfos (Yoma 9a DH v'Lo) say that there were eight in Bayis Rishon. Tosfos there points out that nine are listed in Divrei ha'Yamim, and discusses which one did not serve. He says that the Yerushalmi and all texts of the Bavli (Yoma 9a) say "18", i.e. including the Seganim. Rashi (Shmuel 1:2:30) says that Eli was from Itamar (not from Pinchas), and Pinchas received Bris Kehunah only after he made Shalom in the days of Pilegesh b'Givah. We can resolve our text of the Sifri with Yoma 9a if we say that there were 300 Kohanim Gedolim in Bayis Sheni, and 80 were from Pinchas - PF.)