Mishneh Torah, Agents and Partners 2-4

Hook

We live in a world grappling with the very definition of collective action and national purpose. How do we build a society, let alone a nation-state, that truly reflects the aspirations and values of its people? This question becomes profoundly complex when that nation is infused with a deep historical narrative and a sense of unique peoplehood, as is the case with modern Israel. We often delegate immense power to leaders, institutions, and even abstract concepts, trusting them to act on our behalf. But what are the ethical boundaries of such agency? What happens when the agent deviates from instruction, or when the very act of delegation carries a moral weight?

The Zionist project, at its heart, is an act of collective agency – the Jewish people, after millennia of statelessness, choosing to reclaim their sovereignty and self-determination in their ancestral homeland. It is a story of hope, resilience, and profound responsibility. Yet, as with any grand undertaking, it is also fraught with the dilemmas of execution: balancing ideal vision with pragmatic reality, ensuring accountability, and navigating the inherent tensions between collective identity and universal civic principles. How do we ensure that those who act on behalf of the collective truly embody its highest ideals, and how do we hold them to account when they falter? How do we, as a people, remain both principled and adaptable in the face of ongoing challenges? This ancient text from Maimonides, seemingly focused on the minutiae of contracts and partnerships, offers a surprisingly rich framework for exploring these very modern questions about trust, delegation, and the enduring responsibilities of peoplehood in building a sovereign state. It compels us to consider not just what we do, but how we do it, and for whom.

Text Snapshot

"A non-Jew may never be appointed as an agent for any mission whatsoever. Similarly, a Jew may never be appointed as an agent for a non-Jew for any mission whatsoever. These concepts are derived from Numbers 18:28: 'And so shall you offer, also yourselves.' This is interpreted to mean: Just as you are members of the covenant, so too, your agents must be members of the covenant. This principle is applied to the entire Torah.

A man may appoint either a man or a woman as an agent. He may even appoint a married woman, a servant or a maidservant. Since they possess a developed intellectual capacity and are obligated to perform some of the mitzvot, they may serve as agents with regard to financial matters.

When an agent buys or sells an article and notifies the other party that he is acting as an agent for another person in this transaction, and it is discovered that he violated the instructions given him by the principal, the sale is nullified and the article must be returned...

Every person who comes to demand payment from a colleague, using power of attorney, is described by the verse (Ezekiel 18:18): 'He did what is not good among his people.'

When partners desire to establish a partnership, how does each one acquire the assets invested by his colleague, so that they are considered partners? If they desire to establish a partnership with money, each one should bring his money and place it in a common pouch. Then each of them lifts up the pouch."

Context

Date: 12th Century CE (c. 1170-1180 CE)

Actor: Rabbi Moshe ben Maimon (Maimonides, the Rambam)

Aim: To codify Jewish law (Halakha) in a clear, systematic, and comprehensive manner, making it accessible to all, organized by subject rather than Talmudic tractate. Specifically, the laws of agents and partners define responsibility, trust, and the mechanics of shared enterprise within a halakhic framework, offering guidance on how individuals and collectives should conduct their affairs with integrity and accountability.

Two Readings

Reading 1: The Covenantal Imperative of Collective Agency

Maimonides opens this section with a profound statement rooted in Jewish peoplehood: "Just as you are members of the covenant, so too, your agents must be members of the covenant." This principle, derived from a verse concerning priestly tithes (Numbers 18:28), is then broadly applied "to the entire Torah." Steinsaltz clarifies that "member of the covenant" (בן ברית, ben brit) is "a designation for Israel/the Jewish people," and importantly notes that even a Canaanite slave who is circumcised and obligated in some mitzvot is included in this category, allowing them to serve as agents in financial matters. This immediately frames agency not merely as a legal or commercial concept, but as a deeply spiritual and collective one, bound by shared identity and purpose.

The Zionist project can be understood as an immense act of collective agency on behalf of the Jewish people. After two millennia of diaspora, the Jewish people, through their chosen leaders and nascent institutions, acted as agents to fulfill a historical, spiritual, and national mandate: to return to Zion and re-establish sovereignty. This "covenantal imperative" dictated that the agents of this mission—the early pioneers, the World Zionist Organization, and later the State of Israel itself—were, by definition, "members of the covenant." Their legitimacy stemmed not only from democratic processes but from their perceived fidelity to the overarching historical mission of the Jewish people.

This reading illuminates several aspects of Israel's unique character. Firstly, it underscores the profound sense of mutual responsibility (ערבות הדדית, arvut hadadit) that has historically bound the Jewish people and fueled the Zionist enterprise. When Israel acts, it is often seen, both internally and externally, as acting on behalf of Klal Yisrael—the entire Jewish people. This perspective imbues the state with a weight of historical expectation and global Jewish connection that goes beyond typical nation-state dynamics. Secondly, it highlights the internal cohesion that the "covenantal" framework provides. The Rambam's inclusion of women and even certain slaves as legitimate agents for financial matters, because "they possess a developed intellectual capacity and are obligated to perform some of the mitzvot," indicates that within the covenantal framework, agency is extended broadly, based on capacity and shared, even if partial, obligation. This can be seen as a historical precedent for broad participation within the Jewish collective, regardless of traditional status, in a shared national project.

However, this covenantal framing also presents inherent tensions for a modern, democratic state. While it strengthens internal Jewish solidarity and provides a powerful sense of purpose, it raises questions about the status and full inclusion of non-Jewish citizens within a state whose foundational agents are defined by a specific covenant. How does a state, born of a covenantal imperative, ensure equitable and just treatment for all its citizens, regardless of their covenantal affiliation? This tension is not sensationalism; it is a profound, lived reality at the heart of Israel's identity, demanding constant ethical engagement and a strong spine to uphold its values while an open heart seeks expansive solutions for all its inhabitants. The Rambam's initial stricture, while historically contextualized, challenges us to consider how a people's deeply held, covenantal agency can evolve to embrace modern civic ideals without losing its soul.

Reading 2: Civic Responsibility and the Ethics of Delegation in a Modern State

Beyond the covenantal framework, Maimonides meticulously details the practicalities and ethics of agency and partnership, offering a sophisticated blueprint for functional governance and economic activity that resonates deeply with the needs of a modern state. The text delves into accountability, liability, the importance of clear stipulations, and even the moral implications of legal maneuvering. These principles are vital for any healthy civic society, including modern Israel.

Consider the detailed rules regarding an agent who "violated the instructions given him by the principal." The Rambam states unequivocally that "the sale is nullified and the article must be returned." This absolute emphasis on adherence to instructions and the nullification of unauthorized acts is a bedrock principle for public trust. In a modern state, elected officials, civil servants, and public institutions act as agents of the people. This section underscores the critical need for transparent mandates, clear lines of authority, and robust mechanisms for accountability when these agents deviate from the public's trust or legal directives. The legal system, administrative law, and oversight bodies in Israel are constantly engaged in ensuring that state agents act within their defined parameters, mirroring this ancient halakhic concern.

The text also explores the practical adaptations necessary for societal function. Maimonides discusses the Geonim's ordinances regarding the granting of power of attorney for loans, even when strict Halakha (which views a loan as spent money, thus not an "existing entity" that can be transferred) would not permit it. The Geonim, Maimonides notes, ruled this way "so that no one should take money belonging to a colleague and go to a distant country." While Maimonides expresses his reservations about the halakhic basis of some of these ordinances, he acknowledges their pragmatic necessity for preventing injustice and maintaining social order. This tension between strict legal interpretation and the need for adaptable, socially just solutions is a constant feature in any legal system, including Israel's, as it balances traditional values with contemporary challenges. It highlights the "strong spine" required to adhere to principle, but also the "open heart" willing to innovate for the greater good of the community.

Perhaps one of the most striking insights for a modern civic society is Maimonides' inclusion of the verse from Ezekiel 18:18: "Every person who comes to demand payment from a colleague, using power of attorney, is described by the verse... 'He did what is not good among his people.'" This is a powerful ethical qualification on a legally permissible act. While one may legally use power of attorney to collect a debt, doing so in certain circumstances (e.g., when the debtor has already denied the claim, making the agent appear to be making a false claim) is deemed "not good." This introduces a crucial ethical dimension: beyond mere legality, there is a moral responsibility to consider the impact of one's actions on the social fabric and individual dignity. For a nation-state, this translates into the constant self-reflection needed to ensure that its legal and administrative actions, even if technically permissible, are also just, compassionate, and contribute to the overall good and cohesion of its people. It demands that Israel, as a collective agent, strives not only for legal rectitude but for moral excellence in its governance, its policies, and its interactions with all its citizens and neighbors. This echoes the "future-minded" and "compassionate" aspects of our role, urging a society to build not just a strong state, but a good one.

Civic Move

To foster greater understanding and bridge the essential gap between Israel's covenantal foundations and its universal civic responsibilities, I propose an initiative called "Agents of Hope: Reimagining Responsibility in Our Shared Future." This program would convene diverse groups of Israeli citizens – Jewish and Arab, religious and secular, veteran and new immigrants – for structured dialogue and learning.

The core action would be a series of facilitated workshops that utilize texts like Maimonides' "Agents and Partners" to explore questions of collective agency, accountability, and ethical governance in a pluralistic society. Participants would delve into:

1. Shared Mandates: What are the shared, foundational "missions" or values that all citizens can agree upon for the State of Israel, beyond specific religious or national narratives? How can we articulate a collective agency that encompasses all inhabitants?
2. Accountability & Trust: Using the Rambam's detailed rules on agents and brokers, participants would discuss current challenges in public trust, governmental accountability, and civic participation. How can we strengthen mechanisms for citizens to hold their elected "agents" responsible, and what are the ethical lines that agents (leaders, institutions) must never cross?
3. The Ethics of Power: Engaging with the nuance of Ezekiel 18:18, discussions would explore instances where legally permissible actions by the state or its agents might nonetheless be perceived as "not good" by segments of the population. This would encourage empathy and critical thinking about the human impact of policy, fostering a more compassionate and inclusive civic discourse.

The output of these workshops would be a "Civic Covenant of Shared Responsibility," a living document reflecting common ground, agreed-upon principles of ethical leadership, and actionable commitments for dialogue and mutual respect. This initiative would not erase tensions but name them constructively, centering peoplehood and responsibility, and creating a space for Israelis to collectively act as "agents of hope" in building a more just, inclusive, and resilient future for their complex, beloved homeland.

Takeaway

Maimonides' ancient wisdom on agency and partnership offers a profound lens through which to examine the enduring dilemmas and aspirations of modern Israel. It reminds us that building a nation is a dynamic act of collective agency, demanding not only legal precision and pragmatic adaptation but also deep moral reflection and unwavering accountability. By grappling with these texts, we are called to embrace the complexity of Israel's identity—rooted in a unique covenant, yet striving for universal civic ideals—and to continuously act as responsible agents in shaping a future defined by both strength of spine and openness of heart, ensuring justice and shared purpose for all its people.