IMRA: Israeli authority lawfare against Jewish land ownership in Judea and Samaria

Monday, May 28, 2012

IMRA: Israeli authority lawfare against Jewish land ownership in Judea and Samaria

Summary: Israeli authority lawfare against Jewish land ownership in
Judea and Samaria
Dr. Aaron Lerner, IMRA, 28 May 2012

The following is gleaned from a comprehensive article. "Legal Chaos"
by Akiva Bigman published in the 18 May edition of Makor Rishon.
Contact IMRA@NETVISISION.NET.IL for the article as a pdf.

Makor Rishon has developed into a quality publication rivaling and at
times exceeding the depth of the Hebrew print edition of Haaretz.

Section 1 - How a Jewish owned home in Hebron blocked from use by Jews.

Joseph Ezra's father owned a home in Hebron. When the Jordanian Legion
captured the city in 1948 all the assets of Jews were put under the
control of the National Custodian, under the title 'Enemy Property'.
There are dozens of such buildings in Hebron. The properties were
leased out to Arabs. In this case as stores.

In 1967 when Hebron came under Israeli rule the leases to the Arabs
were continued by the Israeli authorities.

The Israeli authorities approved erection of a large apartment house
above the stores called "House of Nahum and Yehuda" . In 2001 it was
decided for security reasons to close the Arab market place and move
it - with full compensation to the store owners - to the Arab part of
town.

The property remained empty. After repeated requests of the Jewish
community to use the assets were not answered, a few families entered
the empty property and renovated it, turning the property into proper
homes. In 2007 an eviction order was issued. The eviction was appealed
to the military appeals committee, which functions as a kind of court
of appeals with regard to decisions of the Civil Administration in
Judea and Samaria. The committee observed that it was the obligation
of the authorities, as
custodian for the property, to insure that beneficial use comes from
it and that in contrast to the abandoned buildings near it that were
in disrepair, the property in question had been improved and under the
circumstances "the correct and effective use of the property is to
allow families to live in the shops ... ".

Following the instruction of the military appeals committee, the
Jewish community in Hebron- together with Joseph Ezra - submitted a
request for an orderly take over the property. The Civil
Administration in Judea and Samaria ruled that while the military
appeals committee was indeed the format for appealing their decisions
that the rulings of the committee were not binding and could be
overruled by the Civil Administration and the request was denied.

In November 2010 Peace Now petitioned along with the Arab merchants to
remove the Jews from the property.

Section 2 - How rules for agricultural land ownership changed

One common way to to register the ownership of land in Judea and
Samaria is by applying the provision of Ottoman law, that if someone
held land for ten consecutive years without opposition he owns the
property. In fact, the ownership of much of the privately held land
inside the Green Line was established this way.

This method of property transfer is especially useful in the case of
Palestinians who face the death penalty for selling land to Jews. This
way money crosses between the parties and all the Palestinian has to
do is keep quiet for ten years.

In a move to undermine this procedure, Mr. Mike Blass, who serves as
Deputy Attorney General, filed with the Supreme Court that "at present
... the seizure of land ... is seen as a forbidden and immoral, and as
a basis for anarchy." Blass asked the court to not only bar the future
use of the ten consecutive year provision to record future property
ownership but to void the ownership registrations made to date in
Judea and Samaria (by Jews) on this basis.

At the same time, Captain Ronit Levin, acting as the legal advisor to
the West Bank Military Prosecutor's Office, issued a series of orders
and directives to strip the ten year rule. She ruled that the ten
year count begins again each time a farmer changes the type of crop
that he grows on the land.

Two months ago the Supreme Court upheld this position.

Ronit Levin also came up with an additional legal innovation, called a
"disturbing use" order. It allows the Civil Administration to rule
that a person's possession of property is illegitimate because it may
raise political or security issues. The Civil Administration is not
required to provide any documentation to support the "disturbing use"
order.

This order was first issued by the Civil Administration against
residents of the "House of Contention" in Hebron four years ago.

According to lawyer Bezalel Smotritz of the Regavim movement this
order has been used this order twenty time.

The combination of these innovations is a pincer movement which
threatens almost every Jewish farmer in the West Bank.

------------------------------

--------------
IMRA - Independent Media Review and Analysis
Website: www.imra.org.il

The burden which Habakuk HaNavi (the prophet) did see.

Hab 1:2 Until when, Yahweh, must I cry for help, and Thou wilt not hear? Even cry out unto Thee, Chamas (violence!), and Thou wilt not save?

Hab 1:3 Why dost Thou show me iniquity, and cause me to behold trouble? For plundering and chamas (violence) are before me; and there are those that raise up strife and contention.

Hab 1:4 Therefore the torah is not followed, and mishpat (ordinance) doth never prevail; for the rasha (bat one) doth hem in the tzadik; therefore mishpat (justice) proceeded perverted.

Hab 1:5 [Yahweh says:] Behold ye the Goyim (peoples), and regard, and wonder marvelously; for I will work a work in your yamim (days) which, though it be told you, of it ye will have no emunah (faith).

Hab 1:6 For, hineni (behold), I raise up the Kasdim (Chaldeans), that Goy (people) bitter and impetuous, which shall march far and wide over the earth, to confiscate the mishkanot (dwelling places) that are not their own.

Hab 1:7 They are terrible and dreadful; their mishpat (justice) and their dignity shall proceed from themselves.

Hab 1:8 Their susim (horses) also are swifter than the leopards, keener than the evening wolves; and their parash (horseman) shall charge ahead, and their parash (horseman) shall come from afar; they shall fly as the nesher (eagle), swooping to devour.

Hab 1:9 They shall come all for chamas (violence); the swarm of their faces is directed forward, and they shall gather the captivity as the sand.

Hab 1:10 And they shall scoff at the melachim (kings), and the roznim (princes) shall be a scorn unto them; they shall laugh at every stronghold; for they shall heap dirt, and take it.

Hab 1:11 Then they sweep on like the ruach (wind), guilty men whose elohim is his own koach (power).

Hab 1:12 Art thou not mikedem (from everlasting),

[ Also said of Moshiach, indicating Moshiach’s divine nature: see Mic 5:2 [5:1] But thou, Beitlechem Ephratah, though thou be little among the Alphei Yehudah (Thousands of Yehudah), yet out of thee shall He [Moshiach] come forth unto Me [Yahweh] that is to be Moshel (governor) Yisroel; whose goings forth have been mikedem, (from everlasting), mimei olam (from the days of eternity).

Dan 7:13 I was beholding in visions of the night, and, hinei, one like a Bar Enosh (Ben Adam, i.e., Moshiach) came with the clouds of Shomayim, and came to the Atik Yomin (Ancient of Days, i.e., Yahweh), and before Him He was brought.

Dan 7:14 And there was given Him (Moshiach) dominion, and honor, and sovereignty, that all people, Goyim, tongues, should pey-lammed-chet. [i](worship as deity) (see Dan 3:12, serve, reverence as deity Him (Moshiach). His dominion is an everlasting dominion, which shall not pass away, and His (Messianic) Kingdom that which shall not be destroyed.],

Yahweh Elohai (my Elohim) Kedoshi (my Holy One)? We shall not die. Yahweh, Thou hast appointed them for mishpat (justice); O Tzur, Thou hast ordained them for reproof.

To say No to the mark of the beast is to say:
(And not to hate them!)

No too two states in the Land. Not to give a big part to these 'Chaldean'.
The world shall pay a big 'prize' for that! Receive judgment!
No too all the laws that goes against the commandments of Abba YHWH. No choice than to say No to Shariah law.

Not to look to the other side or to say, it’s Peace, when they try to put shariah law in your country.

But to say Yes to Abba Yahweh and His Laws special in this time when Abba Yahweh is 'testing' us:

Hab 1:12 Art thou not mikedem (‘everlasting’ also said of Moshiach, indicating Moshiach’s eternal divine nature: Dan 7:14 And there was given Him (Moshiach) dominion, and honor, and sovereignty, that all people, Goyim, tongues, should pey-lammed-chet. [ii](worship as deity) (see Dan 3:12, serve, reverence as deity Him (Moshiach). His dominion is an everlasting dominion, which shall not pass away, and His (Messianic) Kingdom that which shall not be destroyed.]see Michoh 5:1[2]; Yahweh Elohai (my Elohim) Kedoshi (my Holy One)? We shall not die. Yahweh, Thou hast appointed them for mishpat (ordinance); O Tzur, Thou hast ordained them for reproof.

Please take it serious what Abba Yahweh is telling us in:

Deu 18:15 Yahweh Eloheicha (your Elohim) will raise up unto thee a Navi (prophet) from among thee, of thy achim (bretheren), kamoni (like me [Moshe, Ex 32:30]); unto him ye must listen;

Deu 18:16 According to all that thou desired of Yahweh Eloheicha (your Elohimin) Chorev in the Yom HaKahal (day of the congregation), saying, Let me not hear again the voice of Yahweh Elohav (your Elohim), neither let me see this eish hagedolah (‘great fire’) any more, that I die not.

Deu 18:17 And Yahweh said unto me, They have well-spoken that which they have spoken.

Deu 18:18 I will raise them up a Navi (prophet) from among their achim (brethren), like unto thee, and will put My words in his mouth; and he shall speak unto them all that I shall command him [Yn 10:18].

Deu 18:19 And it shall come to pass, that whosoever will not listen unto My words which he shall speak Bishmi (in My Name), I will require it of him.

Joh 8:28 Therefore, Rebbe, Melech HaMoshiach said to them, When you perform the hagbah (lifting up) of the Ben HaAdam, you will have da'as (knowledge) that Ani Hu [YESHAYAH 41:4; SHEMOT 3:14-16], and from myself I do nothing, but as HaAv (the Father) of me taught me, these things I speak.

[i] Dictionary of the Talmud. M. Jastrow p. 1178 פלח