on 93b the gemarah relates the ma'aseh with a chasid that "lakach, vieino yodeiah meiso meihem lakach". he went before rav tarfon and he said to hanach dmei mekcha umistaleik. he then went before rabi akiva and rabbi akiva said ein licha takana ad shetishaleim likol echad v'echad.
How could this chassid ask raebbi akiva the shaila after he recieved the psak from rabi tarfon? Its asur to do this? and if you will say that the chassid was unaware of the halacha, it cant be, becuase the gemarah continues to say that any time the gemarah says maaseh bchasid echad it is reffering to either rabbi yehuda ben babba or rabbi yehuda ben elai
Yaakov Richter, New York, United States
Dear Yaakov,
Hello there and thanks for your question. According to Tosfos Avodah Zarah 7a D"H "Hanishal" the prohibition to ask a second opinion applies only if the first authority prohibited the matter. However if the first authority permitted it, one may ask a second opinion and get a stringent ruling, as is the case in our Gemara.
All the best.
Y. Landy