it says in the mishnah "aval me'asrin et hademai"- during bein hashemashot we are allowed to take ma'aser on the demai- rashi says because rov amei haaretz me'asrin hen. Wouldn't it be a better chidush to say- no, even if we DON'T assume rov amei haaretz measrin- its a safek safeka- its a safek me'usar safek aino me'usar, ve'im timtzeh lomar me'usar, safek yom safek layla ? Why is there no mention of a safek safeka anywhere- and that being the reaosn of permisibility ?
Dovid Kassin, brooklyn, ny
The Safek of Bein Hashemashos is not a Safek that is always used by the Meforshim. The Sfas Emes here (DH "Safek Chasheicha") points this out by asking that it should be permitted to Maser Vadai Tevel during Bein Hashemashos. Why? Since taking off Maser is only an Isur d'Rabanan, why don't we say during Bein Hashemashos (when we are unsure whether it is day or night) that this should be Mutar because Safek d'Rabanan l'Kula? He answers that because Bein Hashemashos is a Safek which is permanent, Chazal instituted that all Isurei Shvus of Shabbos should be upheld during Bein Hashemashos, despite this Safek. Though I am aware that the Sfas Emes was only talking about one Safek, this seems to teach us that Chazal did not want to lend Bein Hashemashos the status of a real Safek.
This shows us that Safek Yom Safek Leilah is not a reason for leniency during Bein Hashemashos. Additionally, the other cases, "Mearvin v'Tomnin Es ha'Chamin" have nothing to do with this Safek.
These reasons could possibly explain why Rashi would rather give the explanation of Rov Amei ha'Aretz Me'asrin.
b'Birkas ha'Torah,
Yaakov Montrose