From the Pages of the Defter (ص 219)

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From the Pages of the Defter (ص 219)

المحتوى

According to Khalil’s timeline, his father had received his share of village lands
twenty-six or twenty-seven (hijri) years before the court case, in 1867 or 1868. While there
are no indications that a tapu survey had been conducted by this time in the district, as was
discussed in Chapter One, we have seen that tapu clerks in the mutasarriflik of Jerusalem
had for years been issuing title deeds for voluntary registrations. Khalil testified that his
father had registered in the tapu his share of village lands (one-sixtieth) at the time he
received them. By calculation based on the dunams of village field-crop land registered in
1876, his father had received some 215 dunams of field-crop lands, meaning the Idhna
feddan was approximately seventy dunams in size. Although waaf lands (arazi mevkufe)
377
were excluded from the Land Code of 1858,~°’ their registration in the tapu became possible
by decree in early 1865.°”8
The defendant, Jibran, testified in rebuttal to Khalil’s claims that general tapu
registration (tatwib) had taken place in Idhna just fifteen years before the court case, i.e. in
1297H / 1880. According to him, the village’s agricultural lands were registered in the tapu
en bloc, as belonging to the village communally. He claimed that the three feddans in
question were his, and that he had been farming them for fifteen years and had received
them as his own at the time of the town-wide division of its lands. According to him, this
°”7 Their exclusion is made explicit in Article 4(i), (Ongley, 4).
378 See the Regulations, promulgated on 25 Ramadan 1281 (21 February 1865) in Ongley, 138-158.
Regulations regarding the inheritability of waqf land on which a title deed (tapu) existed were included
in the regulations broadening the inheritability of tapu-ed miri lands, on 17 Muharram 1284 (16 May
1867). (Ongley, 158-160).
202

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From the Pages of the Defter

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المنشئ

Susynne McElrone

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