Hi R' Kornfeld,

I hope everything is well.

We were learning last night and I thought you may know the answer to this question:

The Mishna in Kesuvos 27a says that a city which was put under siege all the women are pesulus, but if there is a "hiding place" (a machbua) then all of the women can rely on that machbua to say that they were not nitmais. But the Gemara has a question if there is only room for one woman can all of the women be toleh on the machbua (since it is impossible that all of the women were there). The Gemara asks that this should be taluy on the case of Shnei Shevilin and the Gemara gives a reason why it is different (i.e. Shnei Shevilin had a definite tum'ah so we should be machmir but this case of machbua is only a safek so we should be meikil). There is a machlokes the Rosh and the Rif whether the Gemara is paskening that machbua is mutar in this case or whether the Gemara is a "be'aya d'lo iphshita" and therefore, since this is a case of d'rabbanan so we are meikil. Our question is: what is the difference whether we say that the Gemara is meikil (that the Gemara is poshet the shaila) or whether it is a "be'aya d'lo iphshita" and we are meikil? Sof kol sof we are being meikil!!! It shouldn't make a difference why!!!

Please let me know if you have any input on this question.

Thank you very much

Brian