MARK WASHOVSKY

though most converts in our day have no such intention, some actually mean it, and because of these few we might give the others the benefit of the doubt. Additionally, it is possible that their intentions, while misguided, are sincere. That is, the convert probably thinks that"to accept the commandments" really means "o behave as a Jew ought to behave", and this he is prepared to do. Of course, the Jews in the community, and certainly those in the converts immediate environment, violate the commandments, and he will think that their actions constitute a truly Jewish religious lifestyle. This is an error, of course, but one due to his innocent ignorance, and ignorance of the commandments is not a fatal flaw in the conversion process.’ It is only when the proselyte is aware of the commandments and positively intends not to observe them that the conversion may be rendered invalid. Since this convert has no such positive intention, he has in principle accepted the obligation to observe the mitzvot, even if in fact he will violate them afterwards."This," Feinstein concludes,"is a limited justification(limud zekhut ketzat) for those rabbis who accept such converts, so that they(the rabbis) will not be thought of as worse than ignorant."

Limited indeed. Feinstein clearly does not swallow the explanations he has created to justify rabbinic acceptance of conversion for the sake of marriage. He personally sides with those "scholars and fearers of Heaven" who refuse to involve themselves with conversions, since it is evident to all(anan sahadei) that the vast majority of proselytes in our day do not accept upon themselves the obligation to observe the mitzvot. Nonetheless, his alternative theories play a crucial role in his understanding of the halakhic system and its practice, a role that thinkers of the legal realist camp can readily appreciate. A cornerstone in realist doctrine is the assertion that the legal argumentation presented in judicial opinions often masks the policy considerations which actually account for the judge’s ruling. It is not difficult to gauge the policy goals that drive Feinstein in these cases, particularly since his

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