From the Pages of the Defter (ص 220)

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From the Pages of the Defter (ص 220)

المحتوى

took place three years after tapu registration, i.e. in 1883. Apparently, the villagers
redistributed lands at the time of tapu registration and farmed their shares for three years,
then decided to make permanent the then-existing arrangements. At this time, according to
Jibran, villagers collectively endowed land on which they wanted to plant grapes (/i-aj/ zira‘a
wa-ghirds ‘inab), and Khalil had granted him the land he had been farming since, with the
exception of one part (maris) of it. At that time the villagers also decided they would endow
their lands. He demanded that Khalil either produce a tapu certificate to back his claim, or
back down from it.
This demand is a noteworthy indication of the degree to which the new system of
authenticating ownership had taken root. Like the case in Taffuh, here too, both parties
linked ownership to possession of a tapu certificate. In regards to the defendant Jibran’s
claim that village lands were divided circa 1880, the Eml/ak register would appear to
corroborate. As mentioned above, in 1876 , the town’s field-crop lands were registered en
bloc. The idea to endow lands at the time of registration would not have been unique to
Idhna. A notation in the Em/ak-register entry for the village of Shuyukh indicates that its
villagers took this step at the time the survey was conducted, endowing the entirety of its
one-thousand dunams of communally owned field-crop land. Hasan Effendi al-Tahboub’s
recorded presence in court undoubtedly indicates that the land in question was endowed
land, but it is insufficient to determine whose claim about waaqf was correct, Khalil’s or
Jibran’s. As the case proceeded, this turned out not to be relevant.
203

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From the Pages of the Defter

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المنشئ

Susynne McElrone

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