From the Pages of the Defter (ص 233)

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From the Pages of the Defter (ص 233)

المحتوى

shares here indicates that the lands were owned collectively. An analysis of the family names
that are identifiable among the nineteen shareholders/sellers named in the case appears to
402 Given that the land
indicate that every family in the village was represented among them.
was held in shares (sahm), and taking into account the broad representation of village
families named in the case, it appears reasonable to conclude that the land was musha and
was periodically re-distributed among the shareholders, even though it was not declared so
in court or in the Emlak registers recorded two decades previously. This was not the only
such case. As has been shown, in the Emlak register neither Halhul nor Sa‘ir had declared
any of their lands to be musha, however court records demonstrate that both villages had
musha land and continued to preserve their shareholding arrangement into the twentieth
century." This omission should not be understood as a fault of the recording system or as
deception on the part of the villagers. As was shown in Chapter 3, a variety of methods of
recording ownership were permitted in the Em/ak registers, including musha. The method
recorded appears to have been dependent on the wishes of the villagers. The Jamrura land
being mortgaged by the Bayt Kahil villagers was, it appears, technically musha. However,
since it also appears that it had been registered in the tapu as a multi-partner partnership,
402 Compare footnotes 404 and 405, below.
*°3 In 1909 fifteen villagers from Halhul appeared in the sharia court to appoint a legal spokesperson
(wakil) for them in a dispute over ownership of 60 feddans brought against them by villagers from
Shuyukh. The land, called al-Waradat, belonged to the village of al-‘Arrub and was bordered to the east
by musha lands of Shuyukh and musha lands of Sa ‘ir, and to the west by musha lands of Halhul. HR 14 /
15 / 32 (6 Sha ‘aban 1327 / 23 August 1909).
216

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From the Pages of the Defter

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المنشئ

Susynne McElrone

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