Why can't the Tana that says a cheresh can be toirem lechatchila be R' Yehuda & since it is only derabanan, R' Yehuda would agree that it is mutar lechatchila? (Like the Gemoroh said earlier according to R' Yossi)
Yonah, Lakewood, USA
The Chidushei ha'Rashba essentially asks your question (DH "Hashta").
He explains that according to the conclusion of the Gemara there is no need to say this weak difference between a Torah and Rabbinic law, both according to Rebbi Yosi and according to Rebbi Yehudah. Once we know that Rebbi Yehudah the son of Rebbi Shimon ben Pazi is following the opinion of Rebbi Meir, we no longer differentiate in the manner the Gemara suggested previously.
All the best,
Yaakov Montrose