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I did not realize that my comments would engender heated debates…Hopefully, it is for the better understanding of our problems and how to handle them.
notpashut-(and, by extension, to doc and others)- I would submit that you are wrong in your assertion that you can change a few words and be ‘equally” right,
The halocho is paskened overwhelmingly like Bais Hillel against Basi Shammai (with some isolated exceptions) and the main reason is exactly because ‘koach dehetairah odif”. The “strength” (validity) of finding a “hetter” is “odif” ,BETTER. This is unequivocal and has ramifications throughout the whole gemoro.
So- you are wrong in implying that a Possek or Rov who looks to be machmir is “equally’right. He is NOT equally right. He CAN follow the more “chumrudik’ way for himself and his followers as “middas chasidus” but for the people at large- he should NOT follow that path. This is apparent in all the different parts of Halocho.
This is why I said that “sadly” today, the people and Rabbonim instinctively dismiss the more lenient view. My view is that this goes againt the grain of the purpose of halocho and this view does NOT have the same validity for the klal.
As far as your quote from rashi-Rashie explains WHY “koach dehetaira odif” BECAUSE it is EASY to be machmir- all you have to say is NO. It is much more difficult to be meikal. This is whay Rashi says.
From the gemoro – it is clear that this is the BETTER way (ODIF) and this is evident from all halocho conclusions.
oo646- I intimated that the mekor for ‘tinok shenishba’ comes from the gemoro shabbos that deals with chiyuvim of “chatos”, a sacrifice for an unintended sin.There are differences in what it means ‘unintended’ (or “igorant’) sins.
I will IYH find the quotation and we will then see what the commentators say about what constitutes ‘tinok shenishba”. Stay tuned.