House at Hebron Becomes a Case of Dickensian, Even Biblical, Proportions

In the ancient city of Hebron, twenty miles south of Jerusalem, the patriarchs and matriarchs of the Jewish people are buried. When Sarah died, according to the biblical narrative, Abraham purchased the cave of Machpelah from Ephron the Hittite, paying his asking price of four hundred shekels of silver to remove any doubt about the legitimacy of the purchase.Jews have worshipped and lived in Hebron for three thousand years, Muslims permitting. For seven centuries (1267-1967) they were prevented from praying in Machpelah, which had been transformed into a mosque. After the community was destroyed by an Arab pogrom in 1929, no Jews lived in Hebron until the Six-Day War made possible their return. Now, however, it is Israeli Defense Minister Ehud Barak who is determined to prevent Jews from living there.Last week fifteen Jewish families moved into a building purchased from an Arab seller, within view of the massive stone walls, built by King Herod two thousand years ago, that surround the ancient burial site. It seemed fitting that one of the new residents, Shlomo Levinger, is the son of Rabbi Moshe Levinger, who led the return of Jews to Hebron in 1968.Several hours later Israeli soldiers arrived and declared the area a “restricted military zone,” which Jews could leave but not enter. According to an IDF spokesman, the purchase and move were “irresponsible,” a “dangerous provocation that could inflame passions.”It certainly infuriated Mr. Barak, not for the first time. Five years ago, after Jewish families moved into a building overlooking Hebron that also had been purchased from a willing Arab seller, he warned against “attempts by small groups of radicals to undermine the authority of the state.” After months of effort to reach a compromise failed, Israeli security forces stormed Beit HaShalom to evict its residents. A violent struggle erupted: settlers and supporters threw rocks and eggs; soldiers and police fired tear gas and stun grenades.This time, however, seemed different. Knesset members and government ministers arrived at Beit HaMachpelah (the “Machpelah House”) to demonstrate their support. MK Otniel Schneller placed a mezuzah on the building, declaring to its residents that “Jerusalem and Hebron are the head and the heart of the Jewish people, and retaining them is a root of our existence in the Land of Israel.” Information Minister Yuli Edelstein, who visited that evening, examined the deed and concluded that “there is no doubt that this was a legal purchase of the building sold by an Arab family.”Several days later the residents were ordered to leave Beit HaMachpelah “out of concern for public safety.” Their lawyers met with government representatives who examined the documents and confirmed the legality of the purchase. For the residents to remain, however, confirmation from “the political tier” was required.That meant Mr. Barak — and Prime Minister Netanyahu, who came under immediate pressure from his own party to cancel the eviction order. Two Knesset members issued a statement that “’public order’ in the City of the Patriarchs cannot mean preventing Jews from living opposite the Cave of Machpelah.” Another MK insisted that the residents “should be treated as the legal owners of the property unless otherwise proven. Just as they would be treated in Tel Aviv or anywhere else in the land.”Seeking safe middle ground between Mr. Barak and his critics, Mr. Netanyahu asked the Defense Minister to delay the eviction until the Jewish families could present their legal arguments. But that is not Mr. Barak’s style. Not a week after the move he ordered the police to clear out the residents, claiming “I will continue to work towards upholding the law and democracy while safeguarding the State’s authority over its citizens.” Or, in translation: Barak rules.If the Beit HaShalom version of Jarndyce v. Jarndyce (the case in Bleak House that dragged on for generations) is any guide it will be a long wait before they can hope to return. Five years later the legality of that purchase is still under judicial scrutiny. The original Arab owner has testified that he sold the building and received payment but then changed his mind and returned the money. Asked by the judge to show a receipt as proof, he responded, “We, Arabs, everything we do is based on faith.” More likely, however, it was under threat. The Palestinian Authority, like the Jordanian government before it, punishes with lengthy imprisonment any Arab who sells property to a Jew.There is the larger question: Where in the ancient Land of Israel is it permissible for Jews to live if not in Hebron? If the biblical purchase is insufficient precedent, there is the guarantee by the League of Nations in 1922, never rescinded, that Jews enjoyed the right of “close settlement” west of the Jordan River. That includes Hebron no less than Tel Aviv. Settling in the Land of Israel, after all, defines Zionism.Mr. Auerbach is the author of “Hebron Jews: Memory and Conflict in the Land of Israel.”

House at Hebron Becomes a Case of Dickensian, Even Biblical, Proportions

House at Hebron Becomes a Case of Dickensian, Even Biblical, Proportions

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