Torah Portion/Synagogues

When Is Religious Dispute Proper?

Shabbat Korach:
Numbers 16:1-18:32;
8:9-15, Isaiah 66.1-24.

rom reading this week's
Torah portion, one might
have the mistaken impression
that religious dispute and
controversy are unacceptable according
to the Torah.
Korach and his cohorts stage a rebel-
lion against the leadership of Moses and
Aaron with disastrous results. Actually,
the Mishnah in Tractate Avos (5:17)
states: "Any dispute 'for the sake of
Heaven' ultimately will be productive,
but if it is not 'for the sake of Heaven'
ultimately it will not be productive.
Which dispute is 'for the sake of
Heaven'? It is the dispute of Hillel and
Shammai. Which is 'not for the sake of
Heaven'? The dispute of Korach and his
community."
Thus, the Mishnah teaches that the
disasters of Korach's rebellion were due
to the unacceptable intention of the
rebels and that some disputes are not
only permissible — but also encouraged.
Korach and his community rejected
Moses' authority in general and his
appointment of his own brother, Aaron,

Eliezer Cohen is rabbi of

Congregation Or Chadash.

How can one determine whether
a dispute is "for the sake of
Heaven?" Who is qualified to
render an authoritative decision
on Jewish tradition? How can
disputes be constructive?

•

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54

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ADAT SHALOM SYNAGOGUE

2004

sources according to his ability, with seri-
ous respect and fear of God, and this is
his duty to render such a decision ..."
In fact, Rabbi Feinstein even says
there: "Therefore I have decided it is
proper to publish [my opinions] since I
am only clarifying the Law and every
Torah scholar and decisor should look
into these things and choose for himself
whether to agree ..."
Great scholars may disagree, but if
their dispute is truly "for the sake of
Heaven," such disputes will be a produc-
tive benefit in clarifying the law and giv-
ing people valid options.
But a word of caution: Only qualified
scholars, of course, may participate in
such legal debates. The unqualified may
ask questions and deserve proper answers
— but valid opinions must be based on
supreme knowledge of the topic and the
halachic sources as well as the halachic
system and a deep commitment and
respect for that system. ❑

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CONSERVATIVE •

6/18

as high priest. They also apparently
of authoritative opinions exists.
(according to Moses' defending state-
With Halachah (Jewish law), a system
ments, Numbers 16:15) accused Moses
has been developed that often indicates
of usurping power and of lack of integri-
which opinions are to be followed (not,
which is "right" — for any opinion
ty-
In a variety of ways, God made clear
offered by a qualified decisor is accept-
that Moses was guiltless — his authority
able), but quite often a variety of deci-
was granted by God and Aaron was,
sions remain valid options. In non-
likewise, divinely chosen. As the
halachic disputes, any (or none) of the
Mishnah indicates, Korach's complaints
rendered opinions may be accepted.
were caused by personal and selfish
Traditional Judaism is far from being
motives stemming from jeal-
monolithic on any given ques-
ousy and ambition and cer-
tion; and according to the
tainly "not for the sake of
Mishnah, this is the way it is
Heaven."
supposed to be, in the absence
On the other hand, dis-
of a central authority.
putes such as those between
Maimonides, in the intro-
the great Rabbis Hillel and
duction to his Commentary
Shammai, disputes in Jewish
on the Mishnah, explains that:
law and practice, are seen as
... disputes arose between
disputes "for the sake of
[the students of Hillel and
Heaven." These disputes were
Shammai] during their •
RABBI
just as momentous and far-
debates on many topics
ELIEZER
reaching in their effect on
because each one judged
COHEN
Jewish history as were those of
according to the power of his
Special
to the
Korach — but they were
mind and according to the
Jewish News
attempts to discover the truth
principles known to him ..."
and proper applications of the
Each rabbi decided the law or
Torah and not a result of jealousy , p er-
gave his own interpretation according to
sonal ambition and ill will.
his own understanding.
One who has even the most cursory
As Rabbi Moses Feinstein, the preem-
experience with the original sources of
inent halachic decisor of the previous
Jewish law: the Mishnah, Gemara,
generation, states in the introduction to
responsa, etc., or with the interpretative,
his responsa, "Igros Moshe": "... the
non-legal literature: Midrash, Bible com-
truth in halachic decision making is
mentary,etc., knows that on any given
what appears to the scholar after he toils
point in Jewish tradition, a whole range
and exhausts himself to clarify all of the

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