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Yoma 40

40b

QUESTION: The Gemara discusses whether the process known as Hagralah (or Goral) of choosing lots to select the Se'ir La'Shem and the Se'ir ha'Mishtale'ach is Me'akev or not. That is, does it suffice for the Kohen Gadol to verbally designate one Se'ir as the one La'Shem without performing the Goral? The Gemara attempts to answer this question from a statement made by Rebbi Akiva in response to his students' question. If, during the Goral, the lot upon which is written "la'Shem" comes up in the left hand of the Kohen Gadol, may he move it to his right hand (making the Se'ir to his right the one that is la'Shem)? Rebbi Akiva answers that moving it to his right hand is not permitted because we do not want the Tzedukim to use that as an excuse to deride the Torah and the sages.

From Rebbi Akiva's answer it can be inferred that m'Ikar ha'Din moving the lot from his left hand to his right hand *would* be permitted. In practice it is not permitted only because we do not want the Tzedukim to use this is cause to deride the Torah.

If the Goral is Me'akev, then why may the lot, m'Ikar ha'Din, be moved to the other hand? The Goral already determined that the Se'ir on his left is the one that is Kodesh La'Shem. It must be, therefore, that the Goral is not Me'akev.

Why is the Gemara is bothered by this question only if we assume that the Goral is Me'akev? Even if it is not Me'akev, and it is not necessary to do the Goral to begin with, if the Goral *was* performed then it certainly determines which Se'ir is la'Shem, and the determination of the Goral cannot be changed! Consequently, when the Kohen Gadol performed the Goral and the lot of la'Shem came up in his left hand, the Se'ir to his left should irrevocably be the Se'ir la'Shem, even if the Goral is not Me'akev! (GEVURAS ARI, RASHASH)

ANSWERS:

(a) The GEVURAS ARI answers that if the Goral is not Me'akev, then there is a way for the Kohen Gadol to avoid the lot of the Se'ir La'Shem from coming up in his left hand. Before the Goral, the Kohen Gadol makes a Tenai and announces that the Se'ir to his right will be Kadosh La'Shem *right now*, on the condition that the word "la'Shem" comes up in his left hand when he makes a Goral. Consequently, if the lot comes up in his right hand, then the Se'ir to his right becomes Kadosh la'Shem as a result of the Goral. If it comes up in his left hand, then the Goral does not take effect at all because the right goat is Kadosh retroactively from the time that he pronounced it as such. (According to this explanation, Rebbi Akiva must hold that "Bereirah" works, i.e. the outcome of a Tenai may be determined by a future, as yet undetermined, event.)

(b) Perhaps if the Goral is not Me'akev, then the outcome of the Goral does not *automatically* determine which goat will be la'Shem. Rather, after the Goral is done, the Kohen must *pronounce*, based on the Goral's outcome, which goat is going to be la'Shem. The Mitzvah l'Chatchilah of performing a Goral is to perform a Goral and pronounce the Se'ir "la'Shem" based on the Goral. Until he makes that pronouncement, the goats are not yet determined. If, however, the Goral *is* Me'akev, then the Goral itself determines which will be la'Shem, even without the pronouncement of the Kohen Gadol, since it is not up to the Kohen Gadol to accept or not accept the Goral.

(c) The TCHEBINER REBBE (in Dovev Meisharim) suggests that if the Goral is not Me'akev, then the Kohen Gadol may be "Sho'el" on the results of the Goral and revoke it, just like one may be Sho'el on Hekdesh and revoke its status of Hekdesh or Terumah (Nedarim 59a). If the lot of the Se'ir La'Shem comes up in his left hand, the Kohen Gadol can be Sho'el and remove the Kedushah of the Goral, and instead declare the Se'ir on his right side as the one that is Kadosh La'Shem.