HALAKHAH AND ULTERIOR MOTIVES

convert. And since she is converting only on account of that motive, it is probable that she does not intend to accept the commandments of the Torah." Feinstein, in other words, does not accept Kluger’s strict construction of"ulterior motive" which allows the latter to define a conversion of this sort as leshem shamayim. He strengthens the point by noting that we can hardly expect this woman upon her conversion to be more observant than her husband, a violator of (among others) the laws of Shabbat and nidah. Since most contemporary conversions fall into this category,"most rabbis who are true scholars and fearers of Heaven" refuse to handle conversions at all. Still, community political pressure may make it impossible for the rabbi(Feinstein’s correspondent) to refuse to convert this woman. If so, then he should do his best. He should explain very carefully to her the requirements of Judaism and obtain her promise to uphold them, regardless of her husband’s irreligious behavior."Perhaps(this promise) can be considered acceptance of the mitzvot, so that, although this conversion should not be allowed lehat-hilah...it is still a valid conversion." This "perhaps" serves as a halakhic justification, albeit a weak one, for a decision which the local rabbi most likely cannot avoid.

In the second case, Feinstein’s correspondent asks whether a woman converted by a Conservative rabbi may be buried in the

' communal cemetery. Not surprisingly, Feinstein rejects any hint of

validity in the non-Orthodox conversion ceremony, since there can be no legitimate qabalat hamitzvot(acceptance of the commandments) before a Bet Din whose members by his definition "deny many central tenets of Judaism and violate a number of ritual prohibitions". Even worse from his perspective is the fact that some Orthodox rabbis accept proselytes who want to marry Jews and who clearly do not intend to observe the commandments. As in the previous case, however, Feinstein seeks to defend these rabbis by providing a halakhic explanation for their practice. He suggests, first of all, that the Bet Din may be entitled to accept the convert’s declaration that he or she will uphold the Torah. Even

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