MARK WASHOVSKY

In his resolution of this legal ambiguity, Kook aims at coherence, or what Dworkin refers to as"integrity in law". To account for the full range of rulings and statements on conversion in the halakhic literature, he develops a general interpretive theory of the halakhah on the subject, which in turn allows him to distinguish between possible answers to his"hard case", the ambiguous wording of the codes. One possible answer, that insincere conversions are nonetheless valid, contradicts his interpretation of the halakhah, which makes a consistent demand that the convert display religious sincerity. The other possible answer, which limits this validity to cases where the conversion is ratified by subsequent religious observance, is more coherent, a better fit with his interpretive theory, minimizing contradictions and maximizing legal consistency. In approaching the case in this way, Kook marches in lock step with Dworkin’s conception of a good judge.

Herzog fully endorses Kook's position. Throughout his responsa on our issue, he argues that the majority halakhic position, which declares that insincere conversions are valid bedi‘avad, is no longer applicable. His particular contribution on this point is his citation of those rishonim who justify the validity of insincere conversions only when subsequently ratified by observance of the mitzvot.®* In this, he provides concrete theoretical backing to KooK’s logical inference to the same effect. This ruling, in turn, provokes another"hard case’ if we say that insincere conversions are invalid, must we not therefore declare that the marriages which followed them are likewise invalid? This conclusion follows logically from its premise, yet other"data" in the law contradict it. Most notable among these is the very rule against which Herzog and Kook argue, namely that insincere conversions are accepted as valid once they take place. Although Herzog, as we have seen, does not believe that this rule applies today, he admits that his and Kooks position may not be the correct one; others, that is, would dispute it. Since there is doubt as to the correct halakhah(i.e., since there

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