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The Chasam Sofer Kovetz Teshuvos 85 says that even though they did not know whether the Mekalel was Chayav Misa or not, they still warned him that he will die with Sekila which is the most severe death according to Rabanan just in case, and going like the opinion Sanhedrin 80b מותרה לדבר חמור הוי מותרה לדבר קל, they could subsequently have given the Mekallel ...


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