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There is another answer to the question of the Ran. Several acharonim say that the Rambam who opines that a safek is permitted m’d’oraisa applies only to a safek issur. A safek if one has fulfilled a mitzvah is not to be ruled leniently. This is because the Torah wants us to perform mitzvos and until we are certain that we have performed the mitzvah we must ensure that we fulfill it properly.

Perhaps we can apply this concept to a mitzvah m’d’rabanan and say that although a safek issur d’rabanan is to be ruled leniently, a mitzvah m’d’rabanan must be dealt with stringently to ensure that we fulfill it properly.


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Rabbi Fuchs learned in Yeshivas Toras Moshe, where he became a close talmid of Rav Michel Shurkin, shlit”a. While he was there he received semicha from Rav Zalman Nechemia Goldberg, shlit”a. He then learned in Mirrer Yeshiva in Brooklyn, and became a close talmid of Rav Shmuel Berenbaum, zt”l. Rabbi Fuchs received semicha from the Mirrer Yeshiva as well. After Rav Shmuel’s petira Rabbi Fuchs learned in Bais Hatalmud Kollel for six years. He is currently a Shoel Umaishiv in Yeshivas Beis Meir in Lakewood, and a Torah editor and weekly columnist at The Jewish Press.