From the Pages of the Defter (ص 51)

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From the Pages of the Defter (ص 51)

المحتوى

Examination of Jerusalem sharia court registers for the period 1839-1858 reveals that
the court took care to record the names of both the buyer(s) and seller(s), as well as borders
of the property, the sale price, and terms of payment. In this period property (land as well as
buildings) is described in the Jerusalem court registers not in terms of size (d6ntim or
feddan) but only according to borders. Many sales were of girats (shares, in twenty-
fourths).°°
In 1860, the acquisition of a tapu certificate for every usufruct holder of miri lands
became obligatory. It was a condition of the Regulations and Instructions Regarding Tapu
Seneds (Tapu Senedati Haqq) declared in February and March that year.” The Regulations
also stated that a tapu clerk would be appointed in every district (qada). He was to be
selected locally, from among the clerks of the district administration, the sharia court, or the
population (nuftis) registrar.°”
°° See for example, the sale of 14 girdts of a residence in Jerusalem (JM 331 / 19 / 2 (Ghara Dhu al-Hijje
1265 / 22 October 1849) ; the sale of “half of twelve qirats” of otherwise-unmeasured field land
(marquma lil-falaha) in Hebron (JM 330 / 96 / 2 (21 Rab’! 11 1264 / 27 March 1848 ) and the sale of two
gardens (unmeasured in size) and three olive trees on Jabal al-Tur, by villagers from al-Tur (JM 320 / 180
/ 2 (5 Sha’ban 1252 /15 November 1836 ).
°' These were announced in two parts, the Regulations on 7 Sha ‘ban 1276 / 29 February 1860, and the
Instructions one week later, on 15 Sha ‘ban 1276 / 8 March 1860. See Ongley, 88-110. Article 1 of the
Regulations explicitly states that no one can hold miri without a tapu (title deed) and those without
them must now get them. (Ongley 89)
62 Ongley, Article 1, page 89.
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From the Pages of the Defter

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Susynne McElrone

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