Question: [Wednesday, 23^rd Iyar 5781]

A certain question of Chatzitza came up while my wife was at the Mikveh, prior to immersion, and the Baalanit asked her Rav who answered her that it is best for her to be stringent not to immerse. I found the Rabbi’s ruling very strange and do not know who he is and the Balanit refused to tell my wife his name, simply stating that he’s a very accepted Rav who rules in this field. I would like to know if I can go to a different Rav who I know and usually ask my questions to, with the question?

Answer:

Yes. You may ask your Rav and if he is lenient, you may then tell your wife to inform the Balanit that your Rav holds that it is okay and if necessary, have your Rav speak to the Balanit.

Explanation: Although a Balanit has certain flexibility in enacting her judgment as to the validity of the immersion of a woman coming to her Mikveh, she cannot take the place of a Rav and likewise cannot choose for the couple which Rav they need to follow, unless the mikvah was built with intent of being under the rulings of a specific Rav, in which case his rulings are to be implement. Although there are certain limitations in place regarding going to a second Rav once a Rav was already asked, this only applies when the same person is asking two different rabbis, however no one has the right to ask a Rav on someone else’s behalf without his permission and then make him liable to follow that ruling, and hence the ruling given is not binding on the couple.

Sources: Pashut from the Poskim; Ruling received in Beis Horah of Rav Asher Lemel Hakohen Shlita