THE GEMORAH CONCLUDED THAT THE 1 ANIMAL THAT'S ASSUR GOT MIXED UP WITH 100 MUTAR ONES AND THEY ARE ALL ASSUR BEC OF KAVUA. BUT ACCORDING TO THE SHITA THAT SAFEK D'ARAISA IS ONLY L'CHUMRA MIDERABANAN THEN WHY WOULD K'AVUA BE ASSUR MIDERAISA ?
JENO GAL, TORONTO
This question is asked by many commentaries. The Aruch Hashulchan (Y.D. 110:14) answers that the concept of Kavua is along the lines of "Ischazek Issura," meaning that there is a permanent status of Issur in this case, being that the Issur is Kavua, which is forbidden more than a regular Safek. The Rambam has to hold of such a concept being different, as otherwise there could never be a Korban Asham Taluy, which is brought when someone is unsure if he ate the piece of Cheilev (forbidden fat) or Shuman (permitted fat). Only in a regular case of Safek would we say Safek d'Oraisa Lechumra mid'Rabanan.
All the best,
Yaakov Montrose