AGENCY
Emmanuel Bulz, "The "Negotiorum Gestor" in Jewish Law"
(Heb.), Proceedings of the Eighth World Congress of Jewish Studies,
Division C (Jerusalem: World Union of Jewish Studies, 1982), 41-46.)
S. Ettinger, "An Agent's Deviation from an Authorization in Jewish
Law" (Heb.), Shenaton Ha-Mishpat Ha-Ivri 9-10 (1982-3), 29-51.)
D. Frimer, "A Review of the Legal Character of Agency" (Heb.),
Shenaton Ha-Mishpat Ha-Ivri 9-10 (1982-3), 113-127.)
P. Segal, "No Agency for An Illegal Act" (Heb.), Shenaton
Ha-Mishpat Ha-Ivri 9-10 (1982-3), 73-95.)
S. Shilo, "Basic Issues in the Law of Agency - a Comparison of
Jewish and Israeli law" (Heb.), Diné Israel 9 (1978-1980),
113-126. - A basic difference between Jewish and Israeli law is that the
former defines an act done through an agent, even if its legal significance
is unknown, as agency. The tendency in Jewish law to endow material acts
with legal significance, leads to a broader definition of agency in Jewish
law than in Israeli law, or in other legal systems. Another aspect of Jewish
agency law which makes it sui generis is the concept of an agent
for an omission, which does not exist in other legal systems. (Y.S.K.)
Daniel Sinclair, "The Status of a Gentile as Agent under Jewish
Law" (Heb), Shenaton Ha-Mishpat Ha-Ivri 9-10 (1982-83), 95-113.
- An examination of the basis of incapacity of a non-Jew to serve as an
agent for a Jew and non-Jew in Jewish Law, as developed in Talmudic and
Post Talmudic literature. The source at the incapacity is grounded in the
Agency of Biblical times being essentially an expression of tribal belonging
generally used for ritual purposes, thus excluding those not of the tribe.
Talmudic redaction reflects an extension of the prohibition of all facets
of communal-economic life though S demonstrates a thread of opinion, developed
substantially in modern Responsa, wherein a Gentile's incapacity is limited
to ritual matters while in secular matters the non-Jew is fully competent
to serve as agent under Jewish Law. (M.J.P.)
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