DaasYochid –
It’s not at all dochuk to say that some parts are not era subjective.
My point is less – albeit somewhat – about what is dochuk in pshat in the Gemara than about what is dochuk as a psak halacha l’hachmir. Meaning, if the trend in the Tur, Beis Yosef, Rema, R’ Akiva Eiger etc. is that all Lo Silbashes are created equal, then how can someone come along and demand the tzibur follow an alternative pshat, lechumra? I don’t think the SA has the status of the Gemara and of course I agree that in many instances we will pasken differently than the Mechaber / Rema. If they are meikil and someone wants to suggest an alternative pshat l’hachmir, go ahead. If someone wants to shlug them up, also go ahead. But to take an alternative pshat without conclusively shlugging up the Rema’s and then to say that people don’t have the right to follow the Rema? That is squeezing out issurim, or as Sam sometimes likes to term a ziyuf hatorah. I have no problem if you want to be machmir yourself or suggest a chumra to others based on what you think is pshat. But you can’t just go around saying that something which the Rema pashtus matirs is assur, if you can’t claim to conclusively shlug him up, even if there are rishonim who might agree with you. At the very least, end off your psak with the statement “umikol makom hanohagim heter yesh lahem al mi lismoch.”