Are Angels Men

The Rishonim don’t count a lav of וכל אדם לא יהיה באוהל מועד בבאו לכפר בקודש.  Why not?  Rav Perlo explains (end of negative commandment 193) that the commandment isn’t a lav on the individual, rather it is a pesul avodah.  The proof is from the Yerushalmi Yoma 1:5 that understands the law excludes angels from entering as well.  Angels don’t have to keep the commandments, they aren’t prohibited, rather it is telling us is everyone else is there the avodah is disqualified. 

The Medrash asks is everyone is prohibited how could the Kohan Gadol be there?  [It is a funny question for he is told to enter to do the avodah.  Rav Yosef Engel says the midrash is asking why is the Kohan Gadol allowed more than anyone else and if it’s merely because someone has to do avodah then we should sayהואיל ואישתרי לו אישתרי לכל אדם .]  The midrash answers that the Kohan Gadol is elevated to the status of an angel.  The midrash seems to disagree with the Yerushalmi and hold angels are permitted.  Rav Yosef Engel (Bais Haotzer Klal 12) says we see they are debating if angels are considered to be in the category of אדם.

It is noteworthy, as Rav Perlo notes, that Rashi Yoma 44b does seem to hold that the possuk is a prohibition on the individual to enter and that is the opinion of the Abarbenel as well.