[Avodah] Psak shopping

[Dov Kay]

> But given the non> ideality of this world, I am not prepared to say that it is always> inappropriate to go shopping. <<It is hard to argue in the specific case you mention. However, there is a workaround, as explained in halakhah. If you find out about a different opinion, go back to the first rav and confront him with it; he may change his mind or be unconvinced. Nonetheless, you do show that there are exceptions worth considering.> ideality of this world, I am not prepared to say that it is always> inappropriate to go shopping.It is hard to argue in the specific case you mention. However, there is a workaround, as explained in halakhah. If you find out about a different opinion, go back to the first rav and confront him with it; he may change his mind or be unconvinced. Nonetheless, you do show that there are exceptions worth considering.>>
 
I remember seeing in Techumin that there are two rationales for prohibiting someone from re-asking a sh'eila after a p'sak has already been given by the first posek: 1. K'vod haRav - ie it is disrespectful to the first Rav to re-ask a sh'eila of a second posek; 2. Neder - the first p'sak is binding and cannot be overturned by the second posek's p'sak.
 
According to the first rationale, the first Rav could indeed give permission to the shoel to re-ask the sh'eila of a second posek (or of himself).  According to the second rationale, this would be prohibited, because the first p'sak is binding on the shoel willy nilly.  Another nafka mina is that according to the first rationale, a shoel who received a lenient p'sak from the first posek would not be permitted to re-ask the sh'eila, even if the second posek ruled stringently.  However, according to the second rationale, this would be permitted.
 
R. Folger's advice that the shoel go back to the first posek would only work according to the first rationale, not the second, unless you understand that the first posek has the power to be "mattir" the neder imposed by his first p'sak and give a different p'sak.  
 
I don't recall from the article, but perhaps the second rationale only applies to a cheftza, eg is this chicken kosher?  If the posek paskens that it is not, he cannot remove the issur by changing his mind.  However, when the question merely affects the conduct of the shoel, this might not apply.
 
This is all purely speculative and, to my mind at least, a little absurd.  I have never met any posek who claimed that he could not change his mind, and we all know of cases where great poskim have retracted their views, eg Rav DZ Feldman's mentioned in a shiur I heard on YU Torah online that Rav Kook originally opposed the heter mechira whilst in Europe but changed his mind upon making aliyah.  I don't think the categories are quite as rigid as the above would suggest.
 
Kol tuv
Dov Kay  
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