From the Pages of the Defter (ص 171)

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From the Pages of the Defter (ص 171)

المحتوى

There is evidence to suggest that the border between these two villages was either
uncertain — despite its de-facto delineation in the Esas-1 Emlak—or in dispute. Several of the
parcels designated as Sa‘ir holdings were in areas that village historian al-Shuyukhi identifies as
*88 Additionally, Hebron sharia court records indicate at least one
belonging to Shuyukh’s lands.
border dispute involving Shuyukhis. In the summer of 1911, eight Halhuli villagers appeared in
court to appoint an agent to represent them in an inter-village land-dispute case against
Mustafa b. ‘Ali b. Hassan al-Hajj of Shuyukh and his associates (rufagatuhu) from the village.
Regarding these other men, the court record states only that “their names are known”, so it
seems that this dispute had been going on for some time.
The conflict was over a borderlands area estimated to be sixty feddans in size, hundreds
of dunams. This land, known as Ard Wardan, is located within a larger area known as al-‘Arrub.
It was bordered by Halhul lands to the south; musha lands of Shuyukh and musha lands of Sa‘ir
to the east; Bayt Ummar’s lands to the north; and to the west were the village of Bayt Ummar
and musha lands of Halhul.7°°
*88 These are Marah Za‘fran, Dayr Abu Ghanaym, Khallat Ilyas, Wadi Harig, Wadi Ihyash, and Khallat al-
Qamiha. (See the map and listing of village land areas in al-Shuyukhi, pp. 22-24.) It is interesting to note
that the two Jewish settlements established much later on Shuyukh’s lands, in 1983 and 1999 on al-Za‘fran
and Qanan Inyas, respectively, are in or adjacent to these areas which were registered to Sa ‘ir in 1876
under the names of Shuyukhi landowners, that is, in borderland areas where there appears to have existed
a dispute over ownership rights between the two villages.
89 HR 22 / 15 / 32 (6 Sha‘ban 1329 / 2 August 1911) The lands in question are clearly seen in Abu Sitta, sheets
458/C3 and 459/A3-B3. As per Land Code reforms, these disputes were no longer heard in the sharia court;
we know of them because land-disputants continued to be allowed to appear in court to appoint a
representative (wakil) to present their case to the tapu official or the Administrative Council.
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From the Pages of the Defter

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المنشئ

Susynne McElrone

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