Siman - Yoma Daf 36
- Why the confession is done in the north between the Ulam and the mizbayach
The Mishnah on the bottom of Daf 35b discusses the Kohen Gadol’s viduy on his par, which is done in the northern part of the azarah in the place where it is schechted . בא לו אצל פרו ופרו עומד בין האולם ולמזבח – He comes to the bull and his bull would be standing between the Ulam and the mizbayach. The Gemara here suggests that the Mishnah is going according to Rebbe Elazar b’Rebbe Shimon, based on a Baraisa that taught, איזהו צפון – What part of the azarah is regarded as north? Rebbe Yose b’Rebbe Yehudah says it is from the north wall of the mizbayach until the north wall of the azarah. Rebbe Elazar b’Rebbe Shimon adds the area between the Ulam and the mizbayach. Rebbe adds the area in which the Kohanim may walk, referring to the Ezras Kohanim, as well as the area in which non-Kohanim walk, referring to the Ezras Yisroel, both of which are east of the mizbayach.
The Gemara concludes that the Mishnah can also be going according to Rebbe, for if he holds that an area of less kedushah is considered north, then certainly an area closer to the Ulam is considered north. The reason the par is positioned between the Ulam and the mizbayach on Yom Kippur, is משום חולשה דכהן גדול – because of the weakness of the Kohen Gadol. Confessing and then shechting it farther away would require carrying the blood a greater distance.
- What viduy is said on an olah?
The Gemara brings a Baraisa that includes a machlokes regarding viduy on an olah. Although an olah is not brought for transgressing a mitzvas lo sa’aseh, Rebbe Yose HaGlili says one does confess on it for the sins of לקט שכחה פאה ומעשר עני. Rebbe Akiva says, אין עולה באה אלא על עשה ועל לא תעשה שניתק לעשה – An olah is not brought, except for violating a mitzvas aseh, and a mitzvas lo sa’aseh that is remedied by a mitzvas aseh. Rebbe Yirmiyah brings one interpretation of their machlokes, and Abaye disagrees saying ב"תעזב" קא מיפלגי – they disagree regarding the mitzvas aseh of “you shall leave,” with which the prohibitions of leket and pe’ah conclude. Rebbe Akiva holds, "תעזב" מעיקרא משמע – that “you shall leave” implies the initial obligation to leave the leket and pe’ah for the poor but is not meant to rectify a prior failure to do so. Therefore, these mitzvos are not in the category of a לאו הניתק לעשה. Rebbe Yose HaGlili holds השתא משמע – that this command implies a present obligation, taking effect after the prohibition has been violated, and serves to remedy the transgression. Hence, they do fall under the category of a לאו הניתק לעשה.
- The order of the viduy
It was taught in a Baraisa that Rebbe Meir holds that the Kohen Gadol says viduy over his par, by saying עויתי פשעתי וחטאתי – I have committed avonos, I have committed peshaim, and I have committed chataim, for this is how Moshe referred to Hashem as נשא עון ופשע וחטאה – Forgiver of avon, pesha and chatah. The Chochomim challenge Rebbe Meir because avonos are willful sins, peshaim are rebellious sins and chataim are inadvertent sins. Once one confesses over the first two, which are intentional, it does not make sense that he confesses over the inadvertent ones. Rather, the order is חטאתי ועויתי ופשעתי לפניך, placing the inadvertent sins first, followed by those done willfully and then followed by those done in rebellion. What Moshe was saying רבונו של עולם בשעה שישראל חוטאין לפניך ועושין תשובה עשה להם זדונות כשגגות – Master of the Universe, at a time that Israel sins before you and then does teshuvah, transform for them their willful sins into inadvertent ones.
