[Avodah] Halachah and Palestinian Refugees

Micha Berger micha at aishdas.org
Thu Sep 13 14:35:15 PDT 2018

CM 175 discusses the priority given when selling a field or part of a field
to the owner of an adjacent field (a bar matzra). After all, it is
worth more to someone to enlarge their existing field than to a 3rd
party getting a field.

This is a derabbanan, but based on the chiyuv deOraisa of ve'asisa
hayashar vehatov.

And if the owner does sell to a third party, the bar matzra can pay off
the third party and buy it at his price. Assuming he does so at first
opportunity, etc... The idea is that we treat the buyer as a shaliach.
In any case...

In se'if 23, the AhS says this does not hold when the buyer is a field's
previous owner, since "kol adam mis'aveh leshuv lenachalaso". So this
sale is no less hayashar vehatov.

And similarly the yorshim of the previous owner.

However, yeish mi shecholeiq, that the son does not have similar rights,
and the baal meitzar could claim the land from him.

There are interesting implications here. Would the first shitah, which
the AhS presents as the majority position, imply a justification for
UNWRA-style inherited refugee status?

I'm not getting into the politics of whether or not the father had
a right to consider the land his nachalah to begin with. We all have
passionate opinions on the subject, and I am betting nearly all of us
have the same passionate opinion. So why bother going there?

Just asking if you think halakhah supports the notion that if the father
is a refugee, so would be the son -- and if not, not.

What do y'all think?


Micha Berger             Here is the test to find whether your mission
micha at aishdas.org        on Earth is finished:
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Fax: (270) 514-1507                        - Richard Bach

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