DaasYochid:
I’ve been ???? ?????? on that ??? ???? for some time. Unless he has dozens of unpublished rishonim or a different view of what ?????? means, I don’t see how he can be correct.
Also see the ??? ??? who seems to imply that there might not be any shita that understands it ??????:
http://hebrewbooks.org/pdfpager.aspx?req=189&st=&pgnum=26
He is discussing whether one can exempt himself from paying for damage with the claim of ??? ?? ??”? ????? ??????. In support he quotes the Sha’arei Teshuva who quotes R’ Yaakov Emden that his father (the Chacham Tzvi) would be mekayeim it ?????? in his youth. Interesting how he didn’t simply quote all those who just quote Rava’s lashon, which would support my contention in my response to mw13. He then says that there’s no raya from the Chacham Tzvi because he was doing it as a personal chumra, ??? ?? ???? ????. If there were others who hold ???? ???? that it’s ?????? then his entire discussion of the Chacham Tzvi is pointless, and furthermore there would be no reason to assume that it was only a personal chumra.