Mishneh Torah, Agents and Partners 1

Hook

We live in an age of profound connectivity, yet also of deep fragmentation and mistrust. The idea of "agency" – acting on behalf of another – is at the heart of our social fabric, from personal errands to international diplomacy. But what happens when the agent, entrusted with the principal's well-being, errs, or even intentionally deviates from their mandate? This ancient legal question, rooted in Jewish thought, reverberates powerfully today as we grapple with the complex legacy and future of Zionism and modern Israel. How do we, as a people and as individuals, navigate the tension between shared purpose and individual responsibility, especially when the stakes are so high for an entire nation's destiny and its relationship with the world? The hope lies in recognizing that true agency is not just about power, but about profound accountability, a constant striving to "improve, not impair."

Text Snapshot

From Mishneh Torah, Agents and Partners 1:

When a person tells a colleague: "Go out and sell landed property for me," "...movable property...," or "...purchase for me...," then the person should perform his agency, selling or buying. All his deeds are binding.

...

When an agent intentionally violates the instructions of his principal, his deeds are of no consequence. Similarly, if he erred even with regard to the slightest amount, the transaction - whether involving landed property or movable property - is nullified. For the principal can claim: "I sent you to improve my position, not to impair it."

...

The following rules apply if a principal gives an agent money to purchase wheat... and the agent purchases barley. If the price of the barley that he purchased becomes less than the price of wheat, the agent must bear the loss, because he deviated from the instructions he was given. If the price of the barley increases more than the price of wheat, the profit belongs to the owner of the money.

Context

Date

The Mishneh Torah, a monumental code of Jewish law, was completed by Maimonides (Rabbi Moshe ben Maimon, also known as Rambam) around 1177-1178 CE. It was the first comprehensive compilation of all Jewish law from the Bible and Talmud, organized systematically by subject.

Actor

Rabbi Moshe ben Maimon (Maimonides), one of the most influential Jewish thinkers of all time. Born in Cordoba, Spain (1138 CE), he lived in a time of great intellectual ferment and political upheaval, eventually settling in Egypt where he served as a physician to the Sultan and leader of the Jewish community. His work spans law, philosophy, and medicine, profoundly shaping Jewish thought and influencing the wider world.

Aim

Maimonides' primary aim in writing the Mishneh Torah was to create a single, accessible, and logically structured source for all Jewish law, making it available to everyone without needing to consult the vast and often complex discussions of the Talmud. This specific chapter, "Agents and Partners," aims to define the intricate legal framework of agency (shlichut), elucidating the rights, responsibilities, and limitations of both the principal (the one sending) and the agent (the one sent) in various civil transactions. It establishes crucial principles for ethical and effective representation.

Two Readings

The legal principles laid out by Maimonides regarding agency (shlichut) offer a powerful lens through which to examine the modern State of Israel and the ongoing Zionist project. The core tension between the agent's mandate and their actions, and the principal's expectation of benefit, resonates deeply when considering a collective enterprise like nation-building.

Reading 1: The State of Israel as an Agent for the Jewish People

This reading views the State of Israel, its institutions, and its leadership as an "agent" for the "principal"—the collective Jewish people, both within Israel and across the diaspora. The initial impetus for Zionism was a profound act of collective agency, a determination to reclaim self-determination and build a safe haven after millennia of persecution. The Mishneh Torah’s opening line, "When a person tells a colleague: 'Go out and sell landed property for me,' ... 'purchase for me,' then the person should perform his agency, selling or buying. All his deeds are binding," speaks to the immense power and legitimacy granted to the nascent Zionist movement and, subsequently, the State. The world, and indeed the Jewish people, largely accepted the mandate of the state to act on their behalf in crucial matters of security, diplomacy, and nation-building. As Steinsaltz notes on this verse, "There is halakhic validity to what he does within the scope of his agency."

However, the text quickly introduces a critical caveat: "When an agent intentionally violates the instructions of his principal, his deeds are of no consequence. Similarly, if he erred even with regard to the slightest amount, the transaction... is nullified. For the principal can claim: 'I sent you to improve my position, not to impair it.'" This is where the complexity truly emerges. The "principal," the Jewish people, expects the "agent," the State of Israel, to act "to improve [their] position, not to impair it." What does "improve" mean in the context of a nation-state? It encompasses security, prosperity, moral standing, adherence to Jewish values, and fostering positive relationships with its neighbors and the global community.

When policies or actions of the Israeli government are perceived as detrimental to these goals, or as violating core Jewish ethical principles, questions of "agency" inevitably arise. Does a settlement policy "improve" or "impair" Israel's long-term security? Does a specific diplomatic stance strengthen or weaken the Jewish people's position in the world? Steinsaltz clarifies that an error, "even with regard to the slightest amount," can nullify the transaction because "the agency is based on the understanding that it will benefit the principal and not damage or harm him." This implies a constant need for introspection and accountability from the state to its people, and from the people to themselves regarding what constitutes true benefit. The Ohr Sameach commentary, while discussing mitzvot that cannot be delegated (like eating matzah or laying tefillin, because the personal act is central), subtly reminds us that while a state can represent a people, certain core responsibilities related to individual ethical conduct and spiritual life cannot be outsourced. The state can facilitate a Jewish life, but it cannot perform a Jew's ethical or spiritual duty for them. This distinction is vital for understanding the limits of state agency and the enduring power of individual and communal responsibility beyond the state.

Reading 2: The Jewish People as Collective Agents for a Higher Purpose

Flipping the perspective, this reading considers the Jewish people themselves as "agents" for a higher "Principal"—whether a divine mandate, a historical mission, or a commitment to universal human values. From this viewpoint, the entire Zionist project, and indeed Jewish history, is an act of collective shlichut. The aspiration to be a "light unto the nations" (Isaiah 49:6), to build a just society, and to embody ethical nationhood becomes the "instructions" from this higher Principal.

The Mishneh Torah's assertion that the agent must act "to improve my position, not to impair it" then becomes a moral imperative for the Jewish people's collective actions. The "profit belongs to the owner of the money" – meaning any moral or spiritual gains from fulfilling this agency redound to the higher Principal, while the Jewish people bear the responsibility for deviations. If the "agent" (the Jewish people through their state) "purchases barley" instead of "wheat" (i.e., pursues self-interest or narrow nationalism over universal values), and it "becomes less than the price of wheat," then "the agent must bear the loss." This suggests that deviations from the higher purpose lead to negative consequences for the people themselves, not just for their global standing.

The Ohr Sameach commentary offers a profound insight here, particularly in its discussion of mitzvot that cannot be delegated. It argues that for commandments like eating matzah or dwelling in a sukkah, if one person could fulfill the obligation for everyone, it would "negate the Torah's intent that all Israel should eat by themselves." This concept can be extended metaphorically: the higher Principal’s "intent" is not for a select few leaders or a single institution (the state) to embody justice or ethical behavior, but for all the Jewish people, and indeed all humanity, to actively participate in building a better world. The "light unto the nations" cannot be merely a policy enacted by a government; it must be a lived reality cultivated by its citizens, through their individual and collective choices. The Jewish people, as agents, must actively and personally engage in the work of tikkun olam (repairing the world), justice, and compassion. The state can create the conditions for this, but the ultimate agency rests with each person and community. This perspective emphasizes that the Zionist endeavor is not just about political sovereignty, but about the profound ethical and spiritual responsibilities that come with it. It’s a call for a strong spine to uphold principles, and an open heart to understand the impact of our agency on others.

Civic Move

Action: Convene "Agency Audits" for Ethical Nationhood

To move from theoretical understanding to practical engagement, I propose facilitating "Agency Audits" within Jewish communities, educational institutions, and interfaith dialogues. These audits would be structured, moderated discussions or learning sessions designed to critically examine specific policies or actions of the State of Israel (or even Jewish communal organizations) through the lens of Maimonides' laws of agency.

Participants would:

1. Identify the "Principal": Who is the "principal" in this scenario? Is it the Jewish people globally, the citizens of Israel, a divine mandate, or a combination? Acknowledge the complexity and differing perspectives on this.
2. Define the "Mandate": What are the explicit or implicit "instructions" given to the "agent" (the state/organization)? These could be foundational Zionist values, democratic principles, Jewish ethical teachings (e.g., justice, hospitality, pursuit of peace), or international law.
3. Analyze the "Agent's Actions": Examine a specific policy or historical event (e.g., a security operation, a settlement expansion, a diplomatic initiative, an internal social policy) as the "agent's actions."
4. Apply the "Improve, Not Impair" Test: Critically ask: Did this action "improve the position" of the principal (as defined in step 2), or did it "impair it"? Consider multiple perspectives and potential short-term vs. long-term impacts, both for Jews and non-Jews. For example, did a particular security measure truly enhance long-term security, or did it generate resentment that impaired future peace? Did a social policy strengthen the fabric of Israeli society, or create new divisions?
5. Explore Accountability and Repair: If an action is deemed to have "impaired" the principal's position, what are the implications according to the Mishneh Torah? What steps could be taken for accountability, learning, or repair, both within the "agent" (the state/organization) and by the "principal" (the people)?

Aim

The aim of these "Agency Audits" is to cultivate a more nuanced, responsible, and ethical form of engagement with Israel. Instead of binary "for or against" positions, it encourages:

• Critical Thinking and Ethical Deliberation: Fostering a community that can engage with Israel's actions from a place of informed Jewish values and historical literacy, rather than emotional reactivity or uncritical allegiance.
• Shared Responsibility: Empowering individuals to see themselves not as passive observers, but as active participants in the collective "agency" of the Jewish people, holding the "agent" (the state) accountable while also taking responsibility for their own role in shaping the collective future.
• Constructive Dialogue: Creating safe spaces for candid and compassionate discussion across diverse viewpoints, recognizing that honest disagreement about what constitutes "improvement" is essential for a vibrant, democratic, and ethical peoplehood.
• Future-Minded Action: Inspiring concrete actions for advocacy, education, and repair that align with the aspiration for Israel to be a nation that truly "improves" the position of the Jewish people and contributes positively to the world.

Takeaway

The ancient legal concept of agency, as meticulously laid out by Maimonides, is far more than a dry legal treatise; it's a profound ethical framework for understanding responsibility and representation. For the Zionist project and the modern State of Israel, it compels us to ask: Are we, individually and collectively, truly acting as ethical agents? Are our actions, and the actions of those who lead us, consistently aimed at "improving our position, not impairing it," both for the Jewish people and for all those impacted by our choices? This text calls us to a hopeful and courageous commitment: to embody a Jewish peoplehood that is not just sovereign, but deeply principled, constantly striving for justice, wisdom, and compassion in all its endeavors. It reminds us that the power of agency comes with the profound, ongoing responsibility to align our actions with our highest aspirations.