[Avodah] Halachah and Palestinian Refugees

Micha Berger micha at aishdas.org
Fri Sep 14 03:23:59 PDT 2018


On Thu, Sep 13, 2018 at 11:44:20PM -0400, Zev Sero via Avodah wrote:
: >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...
: >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.
: 
: It's got nothing to do with refugee status.  Care for refugees is
: not based on their having been wronged...

This answers my question.

: But *if* the land was theirs in the first place, and they maintained
: their claim against all squatters...

And this is exactly the question I said I wasn't trying to ask. The
question of whether a PA had ownership of the land wasn't opened. It was,
whether this multigenerational attachment to a land that the majority
of posqim take for granted should be an argument for multi-generational
refugee status or not.

The question didn't have to be about Palestinian refugees, if it weren't
for the historical accident that they're the only ones people are trying
to apply a multi-generational definition to.

Meanwhile, I think the chiluq between helping people get on their feet
vs who oens the land that you opened with does defuse the connection
I was basing my question on. And makes it one totally unrelated to the
halakhah I learned -- how much help is one owed because their parents
couldn't get back on their feet after being disposessed of their homes.

I don't think we figure cause in when doing chessed triage. We account for
level of need, closeness to us (aniyei irekha qodmin, family before aniyei
irekha, etc...)

I assume halakhah would validate assessing who is a worse risk of wasting
the help I am giving them, for which cause would help in that assessment.
But I haven't actually seen that calculus discussed anywhere.


On a totally different note, now that I learned further.... It is likely
that the prior owner of the land only gets precedence over the matzran if
it was already sold to him. Unlike other buyers, you do not allow the
matzran to pay him for it and take the land. However, lekhatchilah, the
Rama would have you give priority to selling to the matzran.

GCT and :-)@@ii!
-Micha

-- 
Micha Berger             The greatest discovery of all time is that
micha at aishdas.org        a person can change their future
http://www.aishdas.org   by merely changing their attitude.
Fax: (270) 514-1507                   - Oprah Winfrey


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