I know some people have linked the present tragic situation to the potential evictions in Sheikh Jarrah. To help those that don't know much about it but are interested, here is some history and how it is seen from the Jewish viewpoint, as far as I can understand, although I am no expert in property law or Israeli law.
1876 - Palestine was part of the Ottoman Empire. Two Jewish committees of Jerusalem, the committee of the Sephardic community and its Ashkenazi counterpart, paid 16,000 francs for a plot of land around the tomb of Shimon the Righteous, a Jewish High Priest from around 300BC. Shortly after the purchase, a small Jewish village was established on part of the land.
1946 - Two Jewish organizations, Va’ad Eidat HaSfaradim and Va’ad HaKlali L’Knesset Yisrael, register the land with British Mandatory government.
1948 - Foundation of the State of Israel. The establishment of an Arab state - Palestine - was rejected and the Arab League declared war on the fledgling Israeli state. As well as local Palestinian militia, the armies of Egypt, Jordan, Syria, Lebanon and Iraq, plus forces from Saudi Arabia and Yemen invaded on May 15th, the day after the establishment of Israel, with the intent to obliterate the new state. They failed, but Egypt captured the Gaza Strip, later annexing it, and Jordan, through the efforts of the British-led Arab Legion, captured East Jerusalem, Judea and Samaria, annexing it and renaming it the West Bank. All Jews living in East Jerusalem were either killed by Arab Legion, or expelled. That included the owners of the property in what is now Sheikh Jarrah, then known as Shimon HaTzadik.
Following the war Israel's Custodian for Absentee Property took possession of property that was now in Israel and had been owned by anyone who was in the years 1948-50 residing in enemy states (or land they controlled). Jordan's Custodian of Enemy Property did the same in the West Bank and East Jerusalem. Both Custodians sought to divest themselves of as much abandoned property as quickly as possible. In urban settings, both Israel and Jordan were keen to use abandoned property for the resettlement of refugees. There were political aspects to this, but mostly this was a practical response to the massive waves of refugees both countries absorbed after 1948.
In most places, this meant that title to abandoned property transferred to new owners. In this manner, much formerly Jewish property in East Jerusalem was transferred by Jordan's custodian to Arabs and much Arab property in West Jerusalem was transferred by Israel to Jews. Jordan transferred custody over all Jewish-owned property to the Jordanian Custodian of Enemy Property. In accordance with the British legislation on enemy property on which the Jordanian law was based, Jordan’s sequestration of enemy property only extinguished owners’ rights completely if the state seized title by eminent domain or if the Custodian transferred title to someone else. Importantly, in the case of the Sheikh Jarrah properties, the Jordanian Custodian did not transfer ownership of the properties to anyone else. Instead, the Custodian leased some of the properties to Palestinian Arabs (the predecessors in title to the current tenants). The properties were still held by the Jordanian Custodian when Jordan lost the territory in 1967.
1956 - the Jordanian government and the UN built 28 homes on the land in Sheikh Jarrah intended for Palestinian refugees.
1967 - Arab armies try again to destroy Israel - Israel captures the West Bank, East Jerusalem and the Gaza Strip. The Muslim population in Jerusalem is 54,963 - in 2016 it was 319,800.
Following this Israel passed a law that allows Jews whose families had been forced out of their homes by the Jordanians or the British to regain control of their family homes if they could provide proof of ownership and the current residents could not provide proof of a valid purchase or transfer of title.
1972 - Va’ad Eidat HaSfaradim and Va’ad HaKlali L’Knesset Yisrael reclaimed their ownership with the Israeli Custodian of Absentee Property. Occupants ordered to pay rent - they didn't.
1982 - The Palestinian residents of the property – including the parents and grandparents of some of the current occupants – signed an agreement confirming that the Israeli NGOs were the rightful owners.
2003 - The two Israeli NGOs sold the land to the Nahalat Shimon American-based settler organisation. The Palestinians occupying the dwelling were nevertheless allowed to continue living there and enjoyed “Protected Residents” status. However, by law, the tenants were required to pay rent to Nahalat Shimon. It was only after the Palestinian residents refused to do so — and in some cases illegally expanded the property and rented out spaces to third parties — that Nahalat Shimon initiated eviction proceedings.
In court it was found that three of the appellants are the children and grandchildren of residents who acknowledged the ownership of the Israeli organisations in court proceedings in 1982.
Four of the appellants claim to have purchased the properties in 1991 - 19 years after the properties were registered under the Israeli groups - from a man named “Ismail.” However, they were unable to identify “Ismail,” nor were they able to prove that they had indeed purchased the properties from this person.
One appellant represents the estate of a deceased former resident. In 2009, the Court determined that she had not paid rent as required, had built illegally on the property, and therefore could be evicted.
In October 2020, the Magistrate Court rejected the residents’ claim that the property had been promised to them by the Jordanian authorities, during the years in which Jordan controlled the area. According to that decision, “all of the witnesses were born after 1967 or were very young at the time and testified that they heard about the (Jordanian) promise from an older relative.”
The court added that “the only document presented” to prove this alleged Jordanian guarantee “is a copy of a standard document from the Jordanian equivalent of the Housing Ministry, but this form is unsigned and does not bestow ownership on any of the defendants.”
At a recent High Court hearing the judge asked the company and the four Palestinian families to find a compromise solution, explaining that she believed that the two sides “are not so far apart.”
According to a lawyer representing the families, they had not rejected a potential compromise where the final resolution of the dispute could be postponed by their temporary agreement to pay rent until a resolution is achieved.
However, the lawyer said that Nahalat Shimon was only willing to accept the offer of the Palestinian families to pay rent and remain where they currently live if the families permanently renounced their claims of ownership to the residences in question.
The Palestinian families were not willing to go that far, and it was unclear how long the compromise would have allowed them to remain in their residences.
Now we await the High Court decision.
I found the following in one newspaper account, but haven't been able to substantiate it.
"We have become prisoners inside our homes,” says a resident of the neighbourhood who wishes to remain anonymous. “Where will we go? The court is against us, the Jews have proved ownership of the land and our lawyers represent themselves and the Palestinian Authority.”
“Until 1991, we were granted protected tenant status," says another resident. “However, lawyers appointed with the intervention of the Orient House and the Palestinian Authority pressured us not to pay rent because we would have recognised Jewish ownership. Since then, anyone who raised the need to return to the protected tenant option has been threatened by PA representatives.”
The problem is that while the law allows for Jews whose families had been forced out of their homes by the Jordanians or the British to regain control of their family homes if they could provide proof of ownership and the current residents could not provide proof of a valid purchase or transfer of title, the same does not apply to Arabs, or any non-Jews, who can prove the same.
Certainly the potential evictions have raised tensions and increased animosity; certainly the behaviour of some of the settlers is obnoxious and aggressive, and certainly the heavy-handed actions of the police and IDF have exacerbated the situation. But a reason or excuse for going to war?
In any normal city, anywhere in the world, a case like this would be decided in a local court and probably wouldn't even make the news. But this is Jerusalem, which is anything but a normal city.
The arguments over Sheikh Jarrah have been going on for three decades. A solution has to be found. My suggestion is this. Since 1967, the Israeli state has expropriated tens of thousands of dunams from Palestinians to build some huge Israeli neighbourhoods in the east of the city. is it not possible to initiate one more small expropriation - this time, for a change, from Jews for the benefit of Palestinians? The few dunams in which the Palestinian residents live will be transferred to them or will remain in the hands of the state, which will allow them to continue living there. The Nahalat Shimon organisation could be paid generous compensation - perhaps the PA, rather than wasting money on expensive lawyers, could chip in with a few shekels as a goodwill gesture.
It might not work, and might not be acceptable to some, but it's certainly better than dropping bombs.