The mishna indicates that the testing date to determine the appropriate "Kohen Gadol" is the g'mar din of the Rotzeiach. If the Kohen Gadol's "avla" is the failure to properly daven (either than there should not be a rotzeiach beshogeg or that a rotzeiach beshogeg should not be obligated in galus-Ihr Miklat) and if the time for such tefilla is on Yom Kippur, then only a Kohen Gadol who had a Yom Kippur tefilla opportunity should be the applicable Kohen Gadol. So if there was no Yom Kippur yet, that Kohen Gadol should not bear any responsiblity. Same question applies to Avar Mimeshchiso (if the temporary Kohen Gadol never experienced a Yom Kippur as Kohen Gadol, his demise should not have any bearing).
Another question - according to Rav Yosi Hagelili that there is a Mitzva for the Goel Hadam to kill the Rotzeach Beshogeg, why did Chazal enact that 2 talmidei chachamim should accompany the Rotzeach beshogeg to the Ihr Miklat and cajole the Goel Hadam not to fulfill his mitzva?
Moshe, Lakewood, NJ
1) (a) It does not actually say explicitly in the Gemara that the time for the Kohen Gadol's Tefilah is specifically Yom Kippur. The first mention of this idea seems to be made by the Targum Yonasan on Bamidbar 38:25, who writes that it is because the Kohen Gadol did not daven on Yom Kippur in the Kodesh ha'Kodashim that Am Yisrael should not commit the three cardinal sins. The Maharsha here (DH she'Hayah) also mentions the Tefilah on Yom Kippur.
(b) It seems that according to the Targum Yonasan and Maharsha, one must say that indeed the Sugya is referring to a scenario where the Kohen Gadol died after at least one Yom Kippur had gone by since he was appointed Kohen Gadol. The Gemara did not mention this detail because it would be quite unusual that the Kohen Gadol would die so quickly that he was not even incumbent for one Yom Kippur.
(c) It is possible that the Mesilas Yesharim does not learn like the Targum Yonasan and Maharsha. The Mesilas Yesharim, end of chapter 19, describes how the true leaders of Yisrael always seek the best for ha'Kadosh Baruch Hu's flock and daven for them. The Mesilas Yesharim cites our Gemara that the Kohen Gadol should daven for his generation. He does not mention anything about Yom Kippur, and it appears that he is referring to a general concern of the Gedolim for Klal Yisrael, which suggests that this is something continuous, not merely once a year.
2) The difference is that Rebbi Yosi ha'Glili is referring to a Rotze'ach b'Shogeg who was already inside the Ir Miklat and left. If he leaves the Ir Miklat, he thereby forfeits all protection offered to him by the Torah. In contrast, the enactment of the escort of the two Talmidei Chachamim was at an earlier stage, namely, when the Rotze'ach had fled to the Ir Miklat and then was taken out from there in order to be judged in the city where the murder took place. If the Beis Din ruled that he murdered b'Shogeg, then the Din is that he is returned to the Ir Miklat. On the journey back to the Ir Miklat, he deserves the protection of the Talmidei Chachamim. However, from now on, he should stay in the Ir Miklat until the Kohen Gadol dies. If he leaves the Ir Miklat early, he is held responsible for his actions, and he is not given the escort of the Talmidei Chachamim (see Rambam 5:7-10).
Kol Tuv,
Dovid Bloom
Thank you for your detailed response. Do you have a source for the conclusion that Rebbi Yosi ha'Glili is referring to a Rotze'ach b'Shogeg only after he arrives at Ihr Miklat (as opposed to after a g'mar din, even before getting to Ihr Miklat)?
The Beraisa cited by the Gemara on 12a learns the Din of Rebbi Yosi ha'Glili from the verse, "And the Go'el ha'Dam will murder the Rotze'ach" (Bamidbar 35:27). This verse comes after the verses which say that the Rotze'ach b'Shogeg should stay in the Ir Miklat until the Kohen Gadol dies (verse 25) but instead he left the city (verse 26).
Kol Tuv,
Dovid Bloom