DAF DISCUSSIONS - GITIN 73

Gideon Moskovitz asked:

How can Rashi say that relations with such a woman leads to Chenuk (death penalty)? Does R Yehuda hold Hasrahs Safek Shmah Hasrah?

The Kollel replies:

The TORAS GITIN points out that Rav Yehudah holds Hasra'as Safek Shmah Hasra'ah. He also must hold that in such a caSe we say "Yesh BerEirah" in order to make the Isur into a Vadai Isur.

D. Zupnik