[Avodah] Kemeizid beSefeiko keShogeig beVadai

[Micha Berger]

The principle in the title comes from Y-mi Terumos, 31a. Someone
who intentionally eats safeiq heqdeish has the same din as someone
who beshogeig eats vadai heqdeish. In general, "kemeizid besefeiqo
keshogeieg bevadai."

Now I'm wondering how this works according to RSShkop (Shaarei Yoshet 1:9)
et al who say that safeiq deOraisa lechumerah is itself a din derabbanan.
(And thus in a sefeiq sefeiqa the first safeiq reduces it to a derabbanan,
and the 2nd safeiq is an instance of safeiq derabbanan lequlah. And
that's why we're meiqil.)

How can doing a deOraisa beshogeig have the same din as doing a derabbanan
-- because he's willingly violating a safeiq deOraisa? Wouldn't the shogeig
incur a chiyuv to bring a chatas, while the safeiq (ie derabbanan) would
be punishable by makas mardus.

GCT!
-Micha

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