From the Pages of the Defter (ص 218)

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From the Pages of the Defter (ص 218)

المحتوى

testimony by giving a history of the land parcel that was the subject of conflict. He said he
had inherited from his father three feddans of land in Khallat Jawrat Salim, located in Wadi
al-Afranj, which were part of the village’s farmlands. The land belonged to the Ibrahimi waaf,
and ‘ushr (tithe) was charged on the crops and paid to the waof.°”” Khalil said his father had
received the three feddans when the village had divided its communally owned lands,*”” and
he had then registered them in the tapu register. His father’s share of village lands, as
reported by Khalil, was one-sixtieth. Khalil further testified that his father had worked this
land for four or five years before passing away. When Khalil inherited them, he began to
work them and continued to do so for fifteen years, then decided to lease part of them to his
fellow villager, the defendant in this case, Jibran b. ‘Atiyya al-Zayr. Khalil testified that he had
been leasing land to him in Khallat Jawrat Salim for the previous seven years.°”° Khalil said
he had been receiving a portion of the land’s harvest as payment and now wanted to
terminate the lease, but Jibran refused to relinquish his hold on the land.
74 The Ibrahimi waaf refers to the waqf endowed to the main mosque in Hebron, the Haram al-Ibrahimi,
named after the father of monotheism. Inside the mosque is Abraham’s cenotaph marking his grave
below the mosque, along with those of his wife Sarah, his sons Isaac and Jacob, and their wives, Rebecca
and Leah.
>” The original reads, “Wal 4, 8 coll) Garg <dgl& all g> Ady Al} au” i.e. after the division between him
and the people of the village of Idna. This can be understood to mean that Khalil’s father opted out of
communal lands before the town divided its lands, but since he also refers to this action as al-gisma (the
division), and in light of the defendant’s rebuttal, | understand this to mean the division of lands took
place among all villagers and all lands.
*7° There are no ‘Atiyyas or Jibran b. ‘Atiyyas in the tax register. Given the facts of this case, that Jibran
was leasing another’s lands, his absence from the register may indicate he was not a property owner.
201

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From the Pages of the Defter

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Susynne McElrone

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