ABSTRACT
A number of passages in the Talmud1 intimate that the institution of agency is related to that of the court of law. The Talmud equates judges with agents in a number of places, and derives laws pertaining to courts from the laws of agency. Conversely, the latter are sometimes derived from the former. However, the analogy between courts and agents is not universally accepted by the Sages. Nevertheless, if we are to gain an accurate understanding of the Sages’ jurisprudential outlook, it is important to take note even of those con cepts, analogies and hypotheses that are ultimately rejected or fail to gain unanimous recognition. Halakhic debate can teach us as much about the theo retical background of talmudic law as can established legal decisions.
