Ready now: You are being slightly disingenuous as that is not the precise case the Rashba is talking about. It’s a good Mareh Makom though. Unfortunately, the Shulchan Aruch (YD 182:1) rejects this Rashba, and the Rama rejects it so strongly as to say that what the Rashba Assers is even Muttar L’chatchilah. So bringing it down for a P’sak is just misleading.
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