92 J. Duncan M. Derrett 2. The Solution: (A) Agency. Jews supplied capitalists for much of the East. Agency was ubiquitous. The Heb. for “principal” (Ger. Mandant) is ha-šôlēah, or ha-mešalēah or simply ha-‘ôseh šalîah (Mishnah, Gitt. VI.3). ŠLH is in Greek πέμπει or ἀποστέλλειν, which are equivalents (5,24.37.38) and both very com- mon in John. The agent is šalîah or šalûah, in Greek ἀπόστολος. His authority or “power” is rešût (ἐξουσία). To his appointment no witness was required. Personal meetings were normal (Num 12,8; Mt 25,14; Lk 19,13; Jn 8,26.28; 15,15). Though documents figured largely, emphasis was still on the spoken word (“mouth”). The law of agency (no stranger to us)13 was basically common-sense though characteristically fastidious. Jews sent agents for an infinite range of purposes, to divorce wives, to buy land, or to serve meat to guests. The agent is “like his principal” (13,20); he represents him (5,46; 10,25). The words of the agent are the words of the principal, provided he keeps within his instructions14. The agent is presumed to consult the reputation of his principal15, and each party must uphold the credit of the other16. If the agent exceeds the “words” of his principal his transaction is “void” (bātēl).17 Even if the transac- tion might have been advantageous to the principal the law insists on its batālâ (voidness). Naturally the third party (Z) should enquire whether Y buys or sells on his own initiative or on his own behalf (ἀφ᾿ ἑαυτοῦ). Normally agents disclose that they act as agents and not principals, especially when they are pledging another’s credit at long range. If Y does not disclose (hodî’a) that he is an agent (ἐν τῷ ὀνόματι 5,43)18 the transaction is legally valid (Heb. qayyām) but at his personal risk, and he must settle with X19. Con- fidence in one is confidence in the other (14,1); respect for the agent is respect for his principal (5,23). They are presumed to have joint opinions, actions (8,l6.l8) and interests (10,30;14,10-11.20). If the agent is successful J.D.M. Derrett, Law in the New Testament (London 1970) Index, “Agency, agents”. 13 Derrett, Law, Index, “Agency, agents”. 14 Jn 3,32; 12,50. Bab. Talm., Qidd. 4lb; Ket. 14 99b. Cf Mishnah, Me‛îl. VI.1,4. Maimonides, Mishneh Torah. Code XII. IV. i, 1 (qayyāmîn). The laws of Moses are also qayyāym (Bab. Talm., Šab. 30a). Maimonides’ Code is an au- thoritative guide to Law and practice: volumes III and V of the fine Yale Judaica Series provide us with splendid translations of the portions we require. As for the Hebrew original I use that printed in Jerusalem at the Môsad ha-Rav Qûq, 1956. Jn 8,49. Like a dutiful son? Note the vocabulary of Targums Gen 32,7. 15 Jn 5,23; 8,50.54; 13,31; 17,1. Principal and agent know each other: 10,18. 16 Maimonides, Code XII.IV.i, 4 (‘avar ‘al divrāyw). For the word bātēl see J.D.M. Derrett, 17 Studies in the New Testament I (Leiden 1977) 48-75 at pp. 57-61. Maimonides, Code XII.IV.i, 4 (Bab. Talm., Ket. 98b). 18 Maimonides, Code XII.IV.ii, 4. 19