yitay: “I am sure you can see how one might argue with all of the points you made, and a posek who is a bar hachi has every right”
I never denied that. You asked if I am Maskim, and I explained why not. The bottom line is that his Heter is based on one of the ways of understanding a single Rishon. I don’t think he is relying on the Chida either. My intention was that one who follows this Kula has a Chida to rely upon.
“he stated no such blanket heter, which you unfairly imply”
I implied no such thing. I feel that permitting this under the common circumstances he mentioned is a huge Poretz Geder and would inevitably lead to people who see an apparently frum Yid do so to be Moreh Heter to be lenient even when it doesn’t apply.
ha
re the Kaf HaChaim, in a case that has another Tziruf there would be grounds to permit M’Ikar HaDin. However, as I mentioned, one must take into account how others will misconstrue this.