Ownership

Notable Sources

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Stewards of God's Land

TANAKH

The land of Israel ultimately belongs to God, and humans are its temporary residents or stewards. Leviticus, a book in the Torah, underscores the principle that land should not be sold permanently because it belongs to God, emphasizing that people are only temporary inhabitants.

But the land must not be sold beyond reclaim, for the land is Mine; you are but strangers resident with Me.

Leviticus 25:23

The Court's Authority in Ownership

GUIDES

The court has the authority to deprive someone of ownership rights to ensure a just civil order. The Babylonian Talmud in tractate Gittin discusses various enactments related to civil and monetary law, reflecting the court's role in maintaining justice.

Most of the enactments enumerated here are in the sphere of monetary law. This is an area in which the court has tremendous authority, as it can even deprive one of ownership rights to his property in order to grant the property to another. In this chapter, some of the enactments assist in establishing a just civil order, some grant those who were halakhically unable to acquire property the ability to acquire it, and some enumerate sundry penalties and fines.

Introductions to the Babylonian Talmud, Gittin, Introduction to Perek V 2

When Ownership Changes Hands

TOSEFTA

Understanding the conditions under which ownership changes, especially in cases of theft and natural events, is crucial for comprehending Jewish property law. The Tosefta, a late 2nd-century compilation of Jewish oral law, provides additional legal discussions and clarifications on property rights and ownership.

A thief who took from this one and gave to that one—whatever he took is taken, whatever he gave is given. A robber who took from this one and gave to that one—whatever he took is taken, whatever he gave is given. If the Jordan [river] took from this one and gave to this one—whatever it took is taken, whatever it gave is given. If a river carried off trees, stones or beams from this one and gave [them] to this one—if the owner despaired [of getting this property back] then they are his [the finder's]…

Tosefta Ketubot 8:5

The Ethics of Character

MISHNAH

Pirkei Avot categorizes individuals into four distinct types based on their moral and ethical behaviors, particularly their attitudes toward ownership, providing deep insights into human conduct. This section of the Mishnah, traditionally studied on Shabbat afternoons from Passover to Rosh Hashanah, imparts ethical and moral teachings from the wisdom of the rabbinic sages.

There are four types of character in human beings: One that says: “mine is mine, and yours is yours”: this is a commonplace type; and some say this is a sodom-type of character. [One that says:] “mine is yours and yours is mine”: is an unlearned person (am haaretz); [One that says:] “mine is yours and yours is yours” is a pious person. [One that says:] “mine is mine, and yours is mine” is a wicked person.

Pirkei Avot 5:10

The Consequences of Unjust Ownership

KABBALAH

The Zohar explores the severe moral and judicial consequences of acquiring property through unjust means, illustrating this through the story of Naboth's vineyard. This mystical text delves into the spiritual ramifications of King Ahab's wrongful seizure of Naboth's vineyard, emphasizing the critical importance of justice and morality in matters of ownership.

And in regard to the other difficulty-if Ahab took Naboth’s vineyard, why did he kill him? It was just because he killed Naboth without cause, before expropriating his vineyard, that Ahab was punished. So it is written: “Hast thou killed, and also taken possession?” (I Kings 21, 19).

Zohar, Vayeshev 25:280

Caretakers of Divine Possessions

SECOND TEMPLE

Philo of Alexandria teaches that all possessions are ultimately God's, and we are caretakers of these possessions. Philo, a Hellenistic Jewish philosopher, blends Jewish theology with Greek philosophy to offer a unique perspective on ownership and stewardship.

[118] And if we recognize that we have but their use, we shall tend them with care as God’s possessions, remembering from the first, that it is the master’s custom, when he will, to take back his own. The thought will lighten our sorrow when they are taken from us. But as it is, with the mass of men, the belief that all things are their own makes their loss or absence at once a source of grief and trouble.

On the Cherubim 33:4

From Aliens to Citizens

COMMENTARY

Joseph's actions in Egypt ensured his family's transition from resident aliens to full citizens, securing their property and status. The Tur HaArokh, a medieval Jewish commentary, explores Joseph's proactive measures to elevate his family's status in Egypt.

ויושב יוסף את אביו ואת אחיו ויתן להם אחוזה, “Joseph settled his father and his brothers in the land of Egypt, and he allocated to them freehold property, property that could be transferred to their children upon their death.” He did not want them to have the status of aliens, tourists, transients, etc. He gave them vineyards, houses and fields, all with Pharaoh’s permission, seeing they themselves had only asked permission to be resident aliens for a while. Pharaoh had told Joseph to make full citizens of them.

Tur HaArokh, Genesis 47:11:1

Collective Ownership in Jerusalem

MIDRASH

David's purchase of the city of the Jebusites with contributions from each tribe ensured that the land was owned by all of Israel together. The midrashic work Pirkei DeRabbi Eliezer recounts the biblical narrative of King David and Joab, emphasizing the communal aspect of ownership in the purchase of Jerusalem.

David said to his men: Whoever will go up first, and remove those images upon which the sign of the covenant of Abraham's oath is written, he shall be the chief. And Joab, the son of Zeruiah, went up, and he became the chief, as it is said, "And Joab the son of Zeruiah went up first, || and was made chief" (1 Chron. 11:6). Afterwards he bought the city of the Jebusites for Israel by a purchase with gold and with a perpetual deed for a perpetual possession. What did David do? He took from each tribe fifty shekels…

Pirkei DeRabbi Eliezer 36:20

Proactive Faith

COMMENTARY

Abraham's proactive approach in fulfilling God's promises teaches us to take initiative and responsibility in our own lives. Rabbi Jonathan Sacks, in his insightful Torah commentary, explores how Abraham's actions in purchasing land and arranging a marriage for his son reflect a faith-driven approach to ownership and responsibility.

We then read how Abraham bought the first plot of land in Israel and arranged for a wife for his son. Long before, God had promised him children and a land. By the time Sarah died he owned no land, and had one unmarried child. Instead of complaining to God that He had not fulfilled His promises, he understood that he had to take the first step. First he had to build the future. That was how he honoured the past.

Covenant and Conversation; Leviticus; The Book of Holiness, Tzav, Why Civilisations Die 22

The Purchase of Samaria

TANAKH

The transactional nature of ownership is vividly illustrated in the biblical narrative found in Kings I, where Omri purchases the hill of Samaria from its original owner, Shemer. This purchase leads to the establishment of a town named after Shemer, showcasing the connection between land acquisition and commemoration in ancient times.

Then he bought the hill of Samaria from Shemer for two talents of silver; he built [a town] on the hill and named the town that he built Samaria, after Shemer, the owner of the hill.

I Kings 16:24

Chametz or Kitniyot? Key Differences

HALAKHAH

The laws regarding chametz ownership during Pesach are strict, while the prohibition against kitniyot is more lenient. Rabbi Chaim Jachter’s analysis in Gray Matter explores the Ashkenazic custom of avoiding kitniyot during Passover and contrasts it with the stringent laws against chametz.

The laws condemning chametz are far stricter than nearly all other Torah prohibitions (see Tosafot, Pesachim 2a s.v. Or). The Torah forbids owning chametz, and the Halachah follows the majority view in the Talmud, forbidding any benefit from chametz. In this area, we treat kitniyot far more leniently. The Rama (Orach Chaim 453:1) and Mishnah Berurah (453:12) rule that the Ashkenazic minhag to avoid kitniyot precludes neither owning nor benefiting from them…

Gray Matter I, Laws of Holidays, The Minhag of Kitniyot 3:4

Disputes Over Land Ownership

TALMUD

The complexities of land ownership disputes, especially when the legitimacy of the original seller is questioned, reveal the depth of rabbinic legal thought. The Talmudic tractate Bava Batra delves into the intricacies of civil law, including the presumption of ownership and the legal ramifications of purchasing land from a potentially illegitimate seller.

There was a certain person who said to another: What do you want with this land of mine? The possessor said to him: I purchased it from so-and-so and then I worked and profited from it for the years necessary for establishing the presumption of ownership. The claimant said to him: So-and-so is a robber who robbed me of the field, and he did not have the authority to sell it to you.

Bava Batra 30b:2

Divine Ownership of Creation

LITURGY

The Earth and everything in it belong to YHVH, highlighting a divine ownership over all creation. Perek Shirah is an ancient text where various elements of creation each 'sing' a verse from the Hebrew Bible, offering spiritual and mystical insights.

The Earth is saying: “The earth and every thing in it are YHVH’s; the inhabited area and all that dwell within it.”

Perek Shirah 1:2

The Dangers of Coveting

MUSAR

Coveting another's possessions can lead to unethical actions and even violence. Rabbi Isaiah HaLevi Horowitz’s 17th-century work, Shenei Luchot HaBerit, explores the psychological and moral dangers of such desires.

Commandment 416 enjoins us not to covet the possessions of our fellow-man because once one fixes one's mind on obtaining the possession coveted it will not be long before one initiates steps to execute such a wish. One's desire to possess the object one has focused on will not be suppressed by the owner's unwillingness to sell it or to accept some other form of compensation. One may not even desist in face of the owner physically defending his property against any takeover. One may eventually resort to violence to acquire the property coveted…

Shenei Luchot HaBerit, Torah Shebikhtav, Vaetchanan, Ner Mitzvah 2

Equitable Inheritance in Jewish Law

JEWISH THOUGHT

Equitable inheritance laws ensure that property is passed down fairly, reflecting moral obligations to treat relatives with kindness and fairness. Rambam, in his 12th-century philosophical work, discusses the ethical and legal principles of inheritance in Jewish law.

The laws which relate to property include laws concerning inheritance. They are based on the sound principle that man must not “withhold good from those to whom it is due” (Prov. 3:27), and when he is about to die, he must not conceive ill-will against his heirs, by squandering his property, but leave it to the one who has the greatest claim on it, that is, to him who is his nearest relation, “unto his kinsman that is next to him of his family” (Num. 27:11). It is clearly stated that the son has the first claim, then comes the daughter, then the brother, and then the father’s brothers…

Guide for the Perplexed, Part 3 42:5

The Fulfillment of the Promise

TANAKH

The divine promise of land ownership to the Israelites was fulfilled, leading to a period of peace. The biblical book of Joshua recounts the conquest and distribution of the land among the tribes of Israel.

Thus Joshua conquered the whole country, just as GOD had promised Moses; and Joshua assigned it to Israel to share according to their tribal divisions. And the land had rest from war.

Joshua 11:23

In Pirkei Avot 5:10, the Mishnah categorizes individuals into four types based on their moral and ethical behaviors, particularly their attitudes toward ownership. Kaufmann Manuscript (10th or 11th Century, CE)

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