Eitan Shooshani asks:
On the middle of the amud of 4a, it says "why do we need a pasuk to exclude a safek" (of if a tumtum is considered a male), I don't understand this question. If we follow safek De'Oraita L'Chumra, then shouln't we considera tumtum a male and therefore chayav in Re'iya, and therefore a passuk IS necessary. Please clarify.
Eitan Shooshani, United States
The Kollel replies:
According to the Rambam, the rule of Safek d'Oraisa l'Chumra is only a Rabbinical Chumra. In other words, a Tumtum would be considered a male only mid'Rabanan while mid'Oraisa he is not a male. This is why the Gemara asks why we need a Pasuk to exclude a Safek -- because according to Torah law a Safek is anyway excluded. The Torah deals only with definite cases.
All the best,
Dovid Bloom