Parashat Shoftim - The Mitzva of Tamim Tihiyeh - תמים תהיה - Can we rely on a Goral?

This MItzva counted as part of Taryag by the Ramban is mentioned in Parashat Shoftim

Jews have a different source to take advice - you don't need to go to these fake and fraudulent stargazers and diviners.
Hashem has provided the navi - the Jewish prophet.

Rashi implies that we should have an acceptance of our situation and not be constantly wanting to know our future, We should have faith that Hashem will treat us well in the future. Hashem knows all, and knows what is good for us.

The Rambam does not count this Mitzvah of Tamim tihyu.
The Ramban takes issue with the Rambam and counts this as one of Taryag. He lists it in his Hasagat HaRamban in the section called Positive MItzvahs the Rambam forgot!

The Megillas Esther asks why the Rambam doesn't count it.
Rabbi Yitzchak Leon son of Rabbi Eliezer Even - Zur was a descendant of exiles of the Spanish Expulsion. Occasionally, he signed his name with the addition, "the Sefardi". He lived in Ancona, Italy sometime in the 16th century.He was known for his commentary on the Rambam's Sefer Ha - Mitzvot, entitled Megillat Esther, which defends the Rambam's position against the Ramban's criticisms. It was first published posthumously in Venice, 5752 (1592), and has since been included in most printings of the Sefer Ha - Mitzvot.
מגילת אסתר שכחת העשין
מצוה ח. נראה לי שמה שלא מנאה הרב אינו לחשבו
שהיא מצוה כוללת
כאשר חשב עליו הרמב"ן
רק לפי שפסוק זה כולל כל האמור למעלה בפרשה

מענין מעונן מנחש ומכשף,
ומאחר שמנה כל אחד ואחד מהם לאו בפני עצמו
אין צריך להביא אזהרה אחרת על אלו הדברים המוזהר מהם
שכבר השריש לנו בשורש התשיעי שאין ראוי למנות הלאוים והעשה
אבל הדברים המוזהר מהם והמצווה בהם,
וכן נראה ממה שכתב בחבורו פרק י"א מהלכות ע"ז וחוקות העכו"ם
אחר כתבו ענין מעונן ומנחש ומכשף ודורש אל המתים כתב וז"ל,
ומפני זה אמרה תורה כשהזהירה על כל אלו הסכלים תמים תהיה עם יהוה אלהיך עכ"ל, הנה נראה שהוא סובר שבפסוק זה כלל את כולם:
He answers that it is a Mitzva Kolelet - a collective Mitzva that consists of separate constituent Mitzvot that have already been listed on their own merit, and no need to reiterate them again as a group.

The Medrash says that the Jew should not be jealous of the Goyim for their connection to these sources of Tumah because we have our own sources in Nevuah and kedusha.
מדרש לקח טוב
ואם תאמר אין לי במה לשאול
ת״ל ואתה לא כן נתן יהוה אלהיך
מיכן אמרו אין מזל לישראל.
There is a page of aggadata on Shabbat 156b which tells stories that try and prove ein mazal leyisrael - despite the interference from Chaldean astrologers. They try to prove that even though the astrologer had foretold a calamity - the subject was protected not because of the fore knowledge of the event but because they merited divine protection because of a Mitzva they had done.
This is the story of Rabbi Akiva's daughter,

On this Ma'aseh in Shabbat 156B - Tosfot quotes a Sifrei that says that included in this prohibition of Tamim Tihiyeh is dorshin be goralut - drawing lots.
Tosfot also mentions a disagreement with Rashi over the definite definiiton of a Chaldean. Rashi says he is a diviner with the dead - a Ba'al Ov - whilst Tosfot says he is simply an astrologer who looks into the stars - a chozeh bekochavim. Tosfot is implying that the astrology maybe a less severe prohibition than that of divination with the dead.

So what is the parameters of this issur and are there exceptions.
There was something called The Gaon's Goral - how was that possible?

Firstly we do see precedents for the use of a goral - even in the Torah itself.
In Piarashat Pinchas we are told they divided up the land by a goral.

Also after the battle for Yericho under Joshua - there was a cherem on anyone who might steal from the spoils, Someone did and they identified him - Achan - using a Goral. It says that they whittled it down through the shvatim and beis av - etc - the word goral was not used.
He admitted and confessed to the transgression and he was killed.
(There is a chazal that says the he composed the part of Aleinu that says על כן נקוה ) - Roshei Teivos Achan.

You can't use these two cases of chalukat ha'aretz and the choosing of Achan as precedents for us to use gorals similarly. These were ma'aseh nisim. They involved the Urim veTHumim.

The gemara explained the extent of the nissim involved.
It was similar with Achan - the people passed before the Aron and the Aron picked out the people.

However if any number of individuals want to divide up something i.e. a cake, a yerusha, a property they can use a goral as long as they all agree to it and agree that the result will be binding. No halachic problems with this. It isn't establishing any truth, any blame or metziut just simply a fair way of dividing up. We see Moshe did this when he needed 70 zekeinim to help him.

It is not mefurash in the pshat but this was arranged through an agreed upon goral.
The SA paskens this lehalacha that you can do a gorall to be mechalek with agreement amongst the parties,

We also see a goral by Yona - we will read it soon in Maftir Yona on YK.
There was a storm and by a goral they decided to throw him in the sea.

So can we use a goral to establish guilt?
The tiferes lemoshe, amazingly, says yes,
He quotes aYerushalmi.

Many disagree with the Tiferes LeMoshe

The Chazon Ish points out 2 problems - it's ma'aseh goyim - a bunch of sailors!
They didn't do it based on the lottery - Jonah confessed and actually told them to throw him in the sea.

He says that if you all get together and come to an agreement - we're all going to die anyway we might as well agree for one of us to go and then the rest can live - then they can varf a goral to find out who the unlucky one is.

The Sefer Chasidim confirms that you can't decide guilt by lottery

He seems to contradict himself in another place

There is a chiluk -
There is a cloud over your boat only - a bit pointed! It's not a random occurence.
It's not a regular storm. Its etzba Elokim
This maybe what happened with Jonah. They were all seasoned sailors - what was so different - it was only their ship.
Also by Jonah it says that they drew goralot - more than one!

So far -
If you want to determine something in the past, who did it, who's guilty you can't do it with a goral.
with exceptions
with Urim ve Thumim or Ruach HaKodesh - yes.
If their is a definite - etzba elokim - like in Jonah - then you can -
To determine the future you can't do a goral - in lieu of a stargazer.
To make an equitable division of assets etc you can do a Goral.

ברכי יוסף
Rabbi Chaim Joseph David Azulai (Chida), descendant of a famed rabbinic family originating from Castille and Moroco, was born in 1724 in Jerusalem

Josiah opened the Torah at a verse that points to the churban - he made big changes - teshuva etc.

You are not trying to look int the stars but you are looking at the kosher source - the Torah itself.
Go to the navi or Rosh Yeshiva - no - cut out the middle man and go direct to the Torah.
In history there has been many cases of this.

Although it is attributed in name to the Gra, Rav Eliyahu the Gaon of Vilna, there are sources for it going back almost 400 years. The earliest record of using such a method was by Rav Shaul Serero, the great rabbi of Fez, Morocco, who lived about 400 years ago.