ABSTRACT
Controversy pervades Jewish law. Not only is it the case that, with regard to almost every legal issue, opposed opinions have been voiced, but the halakhic literature is also replete with discussions about controversy
and its ramifi cations.1 The self-awareness of the rabbinical authorities with regard to the pervasiveness of legal controversies is refl ected in the adage “controversy is an inherent characteristic of the Torah.”2 “Controversy” is sometimes used to denote real-time debate and dialogue over a contentious question among those engaged in Torah study, during which the disputants attempt to persuade each other of the correctness of their respective views. This real-time debate is sometimes referred to as “the war of the Torah.”3 However, another sense of “controversy,” which will be our primary interest, refers to holding contradictory opinions after all such attempts to persuade the opposite side of the correctness of one’s view have failed.
