Siman - Yoma Daf 40
- Machlokes if drawing the lots is considered essential
The Gemara on the bottom of Daf 39b introduces a machlokes whether drawing the lots for the two se’irim is essential. Rebbe Yannai said, עליית גורל מתוך קלפי מעכבת הנחה אינה מעכבת – The drawing of the lot from the lottery box is essential to the Yom Kippur avodah, but placing the lot on the appropriate goat is not essential. Rebbe Yochanan said אף עלייה אינה מעכבת – even drawing the lots is not essential. According to the second interpretation of the machlokes, they disagree with respect to the view of Rebbe Yehudah who holds that any avodah done in the bigdei lavan outside the kodesh kedoshim is not essential. Rebbe Yochanan's opinion is obviously congruent with Rebbe Yehudah. Rebbe Yannai, who holds that the drawing of lots is essential, would say that Rebbe Yehuda's opinion is not a contradiction to this, as the halachah is different with regard to drawing lots because the words "אשר עלה" – which came up, is mentioned two times, indicating that it is essential.
The Gemara attempts to bring a proof against Rebbe Yannai, from a Baraisa that states ושעיר אין מעכב את הפר – If the avodah was done out of order, neglect of part of the avodah of the se’ir does not invalidate the avodah of the par that was improperly done before it. The Gemara suggests that the avodah of the se’ir that was not done in order, was the drawing of lots, and yet the service is not invalidated. This would seem to prove that the drawing of lots is not essential. The Gemara rejects this proof, saying that the Tanna of the Baraisa was Rebbe Shimon, who holds that drawing the lots are not essential. Alternatively, the Tanna could be Rebbe Yehudah, who holds that although the drawing of lots in order is not essential, the basic drawing of lots is essential.
- Switching the lot for Hashem to the right hand
The Gemara attempts to prove that all Tannaim agree that the lottery is not essential, from a Baraisa where Rebbe Akiva’s talmidim asked him what the din is if the lot for Hashem came up in the Kohen Gadol’s left hand. Is he allowed to change it to his right hand since that is an auspicious sign that the Jewish people will be forgiven? Rebbe Akiva answered אל תתנו מקום לצדוקים לרדות – Do not give the Tzadukim a basis to dominate. Rashi explains that the Tzadukim will use this to support their claim that the Chochomim formulate the law according to their own whims. The Gemara suggests from this that if not for this concern, switching hands would be permissible, implying that drawing lots is not essential. If it were essential, the left-hand goat would be determined to be the one for Hashem. The Gemara rejects this proof by reinterpreting the talmidim’s question to be that in a case that the lottery came up in the left hand, would it be permissible to switch the lottery to the right hand and switch the left-hand goat to the right side.
- Drawing lots makes the se’ir into a chatas
The Gemara brings a conclusive proof that Rebbe Yehudah holds the drawing of lots to be essential. It was stated in the Sifra, that the passuk says in reference to the lots, ועשהו חטאת – and it shall make it, referring to the se’ir that the lot for Hashem fell upon, into a chatas. הגורל עשהו חטאת ואין השם עשהו חטאת – only the lot makes the goat a chatas, but verbally designating the goat with the name “chatas” does not make the se’ir a chatas. Rashi explains that merely declaring the se’ir to be a chatas, without the drawing of lots, does not invest the se’ir with the status of a chatas. Since סתם ספרא רבי יהודה – anonymous Baraisos in the Sifra are Rebbe Yehudah, this proves conclusively that he holds that drawing lots is essential.
