A great deal has been spoken and written over the years on the subject of land ownership in Israel—or, before 1948, Palestine.
Arab propaganda, in particular, has been at pains to convince the world, with the aid of copious statistics, that the Arabs "own" Palestine, morally and legally, and that whatever Jewish land ownership there may be is negligable. From this conclusions have been drawn (or implied) with regard to the sovereign rights of the State of Israel and the problem of the Arab refugees.
The Arab case against Israel, in the matter of Jewish land purchases, rests mainly on two claims: (1) that the Palestinian Arab farmer was peacefully and contentedly working his land in the latter part of the 19th century and the early part of the 20th when along came the European Jewish immigrant, drove him off his land, disrupted the normal development of the country and created a vast class of landless, dispossessed Arabs; (2) that a small Jewish minority, owning an even smaller proportion of Palestinian lands (5 per cent as against the Arabs' 95 per cent), illegally made itself master of Palestine in 1948.
Our purpose in this pamphlet is to set the record straight by marshalling the facts and figures pertaining to this very complex subject, on the basis of the most reliable and authoritative information available, and to trace the history of modern Jewish resettlement purely from the point of view of the sale and purchase of land.
Pre-1948 Conditions in Palestine
A study of Palestine under Turkish rule reveals that already at the beginning of the 18th century, long before Jewish land purchases and large-scale Jewish immigration started, the position of the Palestinian fellah (peasant) had begun to deteriorate. The heavy burden of taxation, coming on top of chronic indebtedness to
money-lenders, drove a growing number of farmers to place themselves under the protection of men of wealth or of the Moslem religious endowment fund (Waqf), with the result that they were eventually compelled to give up their title to the land, if not their actual residence upon and cultivation of it.
Until the passage of the Turkish Land Registry Law in 1858, there were no official deeds to attest to a man's legal title to a parcel of land; tradition alone had to suffice to establish such title— and usually it did. And yet, the position of Palestine's farmers was a precarious one, for there were constant blood-feuds between families, clans and entire villages, as well as periodic incursions by rapacious Bedouin tribes, such as the notorious Ben Sakk'r, of whom H. B. Tristram (The Land of Israel: A Journal of Travels in Palestine, Society for Promoting Christian Knowledge, London, 1865) wrote that they "can muster 1,000 cavalry and always join their brethren when a raid or war is on the move. They have obtained their present possessions gradually and, in great measure, by driving out the fellahin (peasants), destroying their villages and reducing their rich corn-fields to pasturage." (p. 488.)
Tristram goes on to present a remarkable and highly revealing description of conditions in Palestine on both sides of the Jordan River in the middle of the 19th century—a description that belies the Arab claim of a tranquil, normally developing Palestinian rural economy allegedly disrupted by Jewish immigration and settlement.
A few years ago, the whole Ghor was in the hands of the fellahin, and much of it cultivated for corn. Now the whole of it is in the hands of the Bedouin, who eschew all agriculture, except in a few spots cultivated here and there by their slaves; and with the Bedouin come lawlessness and the uprooting of all Turkish authority. No government is now acknowledged on the east side; and unless the Porte acts with greater firmness and caution than is his wont . . . Palestine will be desolated and given up to the nomads.
The same thing is now going on over the plain of Sharon, where, both in the north and south, land is going out of cultivation, and whole villages rapidly disappearing from the face of the earth. Since the year 1838, no less than 20 villages have been thus erased from the map and the stationary population extirpated. Very rapidly the Bedouin are encroaching wherever horse can be ridden; and the Government is utterly powerless to resist them or to defend its subjects. (p. 490)
For descriptions of other parts of the country, we are indebted to the 1937 Report of the Palestine Royal Commission—though, for lack of space, we can quote but the briefest passages. In Chapter 9,
para. 43 the Report quotes an eye-witness account of the condition of the Maritime Plain in 1913:
The road leading from Gaza to the north was only a summer track suitable for transport by camels and carts . . . no orange groves, orchards or vineyards were to be seen until one reached Yabna village. . . . Not in a single village in all this area was water used for irrigation. . .
Houses were all of mud. No windows were anywhere to be seen. . . . The ploughs used were of wood. . . . The yields were very poor. . . . The sanitary conditions in the village were horrible. Schools did not exist. . . . The rate of infant mortality was very high. . . .
The area north of Jaffa . . . consisted of two distinctive parts. . . . The eastern part, in the direction of the hills, resembled in culture that of the Gaza-Jaffa area. . . . The western part, towards the sea, was almost a desert. . . . The villages in this area were few and thinly populated. Many ruins of villages were scattered over the area, as owing to the prevalence of malaria, many villages were deserted by their inhabitants.
The Huleh basin, below the Syrian border, is described as " including a number of Arab villages and a large papyrus swamp draining south into Lake Huleh . . . a triangular strip of land some 44 sq. miles in area. . . . This tract is irrigated in a very haphazard manner by a network of small, primitive canals. It is, owing to overirrigation, now the most malarious tract in all Palestine. It might become one of the most fertile."
With regard to yet another region in Palestine—the Beisan (Beit Shean) area—we quote from the report of Mr. Lewis French, Director of Development appointed by the British Government in 1931:
We found it inhabited by fellahin who lived in mud hovels and suffered severely from the prevalent malaria. . . . Large areas of their lands were uncultivated and covered with weeds. There were no trees, no vegetables.
The fellahin, if not themselves cattle thieves, were always ready to harbour these and other criminals. The individual plots of cultivation changed hands annually. There was little public security, and the fellahin's lot was an alternation of pillage and blackmail by their neighbours the Bedouin.
This, then, was the picture of Palestine in the closing decades of the 19th century and up to the First World War: a land that was overwhelmingly desert, with nomads continually encroaching on the settled areas and its farmers; a lack of elementary facilities and equipment; peasants wallowing in poverty, ignorance and disease, saddled with debts (interest rates at times were as high as 60 per cent) and threatened by warlike nomads or neighbouring clans.
The result was a growing neglect of the soil and a flight from the villages, with a mounting concentration of lands in the hands of a small number of large landowners, frequently residing in such distant Arab capitals as Beirut and Damascus, Cairo and Kuwait.
Here, in other words, was a social and economic order that had all the earmarks of a medieval feudal society.
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