Getting a Second Opinion

Question: I asked my rav about fasting on shiva asar betammuz and he told me that I should not fast. I then went and asked a second rav and he told me that I should. What should I have done?

Answer: The Gemara (Avoda Zara 7a) teaches that after asking one Rabbi whether something is permissible, and being told that it is prohibited, one may not approach a second Rabbi to ask him if it is permissible. Elsewhere, the Gemara (Nidda 20b) teaches that one Rabbi may not give a different ruling to one who had previously asked another Rabbi.

There are different reasons given for this prohibition. Rashi (Nidda 20b) explains that the second Rabbi must act respectfully towards the first Rabbi. Tosafos (Nidda 20b) adds the prohibition is specifically on the Rabbi. However, other poskim understand that the prohibition is primarily on the one asking. The Rosh (Avoda Zara 1:3) and Raavad (quoted by the Ran, Avoda Zara 7a) explains that when the first Rabbi paskens that an item is assur, it becomes assur, and the second Rabbi cannot undo this (unless the first Rabbi was mistaken). The Ran adds that when one receives a second ruling, it may appear as if there are two separate laws, and the Torah is inconsistent, God forbid.

Tosafos (Avoda Zara 7a) and the Rema (YD 242:31) write that the prohibition only applies if one did not tell the second Rabbi that they initially consulted with another Rabbi. If one mentioned that one had already asked a Rabbi, then it is permissible to ask a second Rabbi. If the second Rabbi has a different opinion, though the first Rabbi was not mistaken, the second Rabbi should discuss it with the first Rabbi, rather than undermine him (See Betzel Hachachma 6:29).

In conclusion, one may only ask a Rabbi for a second opinion, if they tell the second Rabbi that they already asked the question to another Rabbi.

Not Fasting

Question: After consultation with my Doctor and Rabbi, I will not be fasting on Tisha B'Av or the other Rabbinical fasts. As one of the few kohanim in my Shul, I often get an aliya. Can I receive an aliya?

Answer: The Shulchan Aruch (OC 566:6) writes that the practice is that one who is not fasting should not receive an aliya on Tisha B'Av. The Magen Avraham (566:8) argues that if the taanis falls on a Monday or Thursday, one may be called up during Shacharis, as there would have been leining that day, regardless. Nevertheless, the Mishna Berura (566:19) notes that other acharonim maintain that one who is not fasting should not receive an aliya even on Monday or Thursday.

Following a personal incident when he had to eat, the Chasam Sofer (OC 157) writes that this halacha does not apply on Tisha B’Av. Just as one does not go looking for a kohen who has not eaten bread to lead the bentching, so too we are not obligated to honour a kohen who is not fasting with the first aliya. This does not prevent one who has eaten from receiving an aliya, however. Additionally, the leining on a taanis tzibbur applies to the whole community, regardless as to whether one is fasting or not. Even one who must eat, must still not eat more than necessary, and must observe the other restrictions.

Nonetheless, the Mishna Berura and Aruch Hashulchan (OC 566:11) disagree, writing that aliyos should only be given to those fasting (See Rivevos Ephraim 3:382:2). However, if one did receive an aliya, they should go up, as while this is a minhag, there is no prohibition involved.

In conclusion, one who is not fasting should try not to get called up for an aliya. If he is the only kohen, he should leave the Shul to allow a Yisrael who is fasting to be called up instead.

Wool Tzitzis

Question: I find it very uncomfortable to wear wool tzitzis in the Summer. Can I wear cotton or polyester ones instead?

Answer: The Gemara (Menachos 39b) cites a machlokes as to whether the obligation to attach tzitzis to a silk garment is mideoraisa or miderabanan. Rambam (Tzitzis 3:1, 2) and the Shulchan Aruch (OC 9:1) write that only wool and linen garments are obligated mideoraisa, while the Rema writes that all garments are obligated mideoraisa.

The Levush (10:4) and Shulchan Aruch Harav (OC 10:7) explain that a non-woven garment is not considered to be a begged.

While Ashkenazim generally follow the Rema, the Shulchan Aruch Harav (OC 9:4) and the Mishna Berura (9:5) write that it is best to wear wool tzitzis in order to fulfil the mitzva according to all opinions. R’ Shlomo Zalman Auerbach (Halichos Shlomo, Tefilla 3:n25) adds that one fulfils the mitzva even if one is a little uncomfortable wearing them in the Summer (See Teshuvos Vehanhagos 1:18).

R’ Moshe Feinstein (Igros Moshe OC 1:2; 2:1) writes one should try their utmost to wear wool tzitzis. Just as leather does not require tzitzis as it is not considered to be a begged, nor do garments made from synthetic materials. However, R’ Zvi Pesach Frank (Har Zvi 1:9) and R’ Shlomo Zalman Auerbach (See Halichos Shlomo, Tefilla 3:n25), disagree, writing that if the material is woven, it is different from leather, and will require tzitzis. R’ Eliezer Waldenberg (Tzitz Eliezer 12:3) writes that while such a garment would require tzitzis, one should not recite a beracha over wearing such a pair.

In conclusion, one should try one’s utmost to wear wool tzitzis. One could wear cotton tzitzis if necessary, though should only wear polyester tzitzis as a last resort.