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Property and Property Rights

 

The Land belongs to G-d, as all the earth is G-d's to Give. Yet Hashem Sealed a Covenant with Abraham, that when it is kept, the Land is Promised to Israel. At the moment Israel betrays the Rule of G-d. But Israel has been Rebuilt for a Purpose, and a nation has emerged from the grave to be Restored with the Spirit it had lost. Israel will soon live according to G-d. In that time, all the Land Promised will be Returned, for it will move according to the Spirit of Hashem.

Promised Land: "On that day Hashem Made a Covenant with Abram, Saying, 'To your descendants Have I Given this Land, from the River of egypt to the Great River, the Euphrates River...'" (Genesis 15:18). The Land Promised to Abraham extends from the Nile to the Euphrates River--a vast extent of Land, covering much of the Middle East. But Abraham had many descendants; for his seed gave rise to many nations.

Isaac blesses Jacob and Esav: Isaac blesses Jacob, saying, "And may G-d Give you of the dew of the heavens and of the fatness of the earth, and abundant grain and wine. Peoples will serve you, and regimes will prostrate themselves to you; be a lord to your kinsmen, and your mother's sons will prostrate themselves to you; cursed be they who curse you, and blessed be they who bless you." (Genesis 27:28-29). And it was that Jacob had tricked his father and received his brother's blessing, just as Jacob had taken the birthright from his brother.

For when Rebecca had been pregnant, "Hashem Said to her: 'Two nations are in your womb; two regimes from your insides shall be separated; the might shall pass from one regime to the other, and the elder shall serve the younger.' When her term to bear grew full, then behold! there were twins in her womb. The first emerged red, entirely like a hairy mantle; so they named him Esav. After that his brother emerged with his hand grasping on to the heel of Esav; so he called his name Jacob... The lads grew up and Esav became one who knows hunting, a man of the field; but Jacob was a wholesome man, abiding in tents..." (Genesis 25:23-26,27).

"Jacob simmered a stew, and Esav came in from the field, and he was exhausted. Esav said to Jacob, 'Pour into me, now, some of that very red stuff for I am exhausted.' (He therefore Called his name Edom.) Jacob said, 'Sell, as this day, your birthright to me.' And Esav said, 'Look, I am going to die, so of what use to me is a birthright?' Jacob said, 'Swear to me as this day;' he swore to him and sold his birthright to Jacob. Jacob gave Esav bread and lentil stew, and he ate and drank, got up and left; thus, Esav spurned the birthright." (Genesis 25:29-34). "When Esav was forty years old, he took as a wife Judith daughter of Beeri the Hittite, and Basmat daughter of Elon the Hittite; and they were a source of spiritual rebellion to Isaac and to Rebecca." (Genesis 26:34-35).

So, "Isaac answered, and said to Esav, 'Behold, a lord have I made him over you, and all his kin have I given him as servants; with grain and wine have I supported him, and for you, where--what can I do, my son?' And Esav said to his father, 'Have you but one blessing, father? Bless me too, father!' And Esav raised his voice and wept. So Isaac his father answered, and said to him: 'Behold, of the fatness of the earth shall be your dwelling and of the dew of the heavens from above. By your sword you shall live, but your brother you shall serve; yet it shall be that when you are aggrieved, you may cast off his yoke from upon your neck.' Now Esav harbored hatred toward Jacob because of the blessing with which his father had blessed him; and Esav thought, 'May the days of mourning for my father draw near, then I will kill my brother Jacob.'" (Genesis 27:37-41).

"Jacob departed from Be'er-Sheva and went toward Haran. He encountered the Place and spent the night there because the sun had set... And he dreamt, and behold! A ladder was set earthward and its top reached heavenward; and behold! angels of G-d were ascending and descending on it. And behold! Hashem Was Standing over him, and He Said, 'I Am Hashem, G-d of Abraham your father and G-d of Isaac; the ground upon which you are lying, to you Will I Give it and to your descendants. Your offspring shall be as the dust of the earth, and you shall spread out powerfully westward, eastward, northward, and southward; and all the families of the earth shall bless themselves by you and by your offspring. Behold, I Am with you; I Will Guard you wherever you go, and I Will Return you to this soil; for I will not forsake you until I will have done what I have Spoken about you.' Jacob awoke from his sleep and said, 'Surely Hashem Is Present in this place and I did not know!' And he became frightened and said, 'How awesome is this place! This is none other than the Abode of G-d and this is the Gate of the Heavens!' Jacob arose early in the morning and took the stone that he placed around his head and set it up as a pillar; and he poured oil on its top. And he named that place Beit-El..." (Genesis 28:10-19).

Jacob is Israel, and Esav is Edom: "...Then G-d Said to him, 'Your name is Jacob. Your name shall not always be called Jacob, but Israel shall be your name.' Thus He Called his name Israel. And G-d Said to him, 'I Am El Shaddai. Be fruitful and multiply; a nation and a congregation of nations shall descend from you, and kings shall issue from your loins. The Land that I Gave to Abraham and to Isaac, I Will Give to you; and to your offspring after you I Will Give the Land.'" (Genesis 35:10-12). And "Esav took his wives, his sons, his daughters, and all the members of his household--his livestock and all his animals, and all the wealth he had acquired in the Land of Canaan--and went to a land because of his brother Jacob. For their wealth was too abundant for them to dwell together, and the Land of their sojourns could not support them because of their livestock. So Esav settled on Mount Seir; Esav, he is Edom." (Genesis 36:6-8).

Borders of Israel proper: "Hashem Spoke to Moses, Saying: Command the children of Israel and say to them: When you come to the Land of Canaan, this is the Land that shall fall to you as an inheritance; the Land of Canaan according to its borders. Your southern side shall be from the Wilderness of Zin at the side of Edom, and your southern border shall be from the edge of the Salt Sea to the east. The border shall go around south of Maaleh-akrabim, and shall pass toward Zin; and its outskirts shall be south of Kadesh-barnea; then it shall go out to Hatzar-adar and pass to Azmon. The border shall go around from Azmon to the stream of egypt, and its outskirts shall be toward the sea. The western border: It shall be for you the Great Sea and the district; this shall be for you the western border. This shall be for you the northern border: from the Great Sea you shall turn to Mount Hor. From Mount Hor you shall turn to the approach to Chamat, and the outskirts of the border shall be toward Tzdad. The border shall go forth toward Zifron and its outskirts shall be Chatzar Einan; this shall be for you the northern border. You shall draw yourselves as the eastern border from Chatzar Einan to Shefam. The border shall descend from Shefam to Rivlah, east of Ayin; the border shall descend along the Jordan, and its outskirts shall be the Salt Sea; this shall be the Land for you, according to its borders all around." (Numbers 34:1-12).

For nine-and-a-half of the tribes: "Moses Commanded the children of Israel, saying: This is the Land that you shall divide as an inheritance by lot, which Hashem has Commanded to give to the nine-and-a-half tribes. For the tribe of the children of Reuven have taken according to their fathers' house, and the tribe of the children of Gad according to their fathers' house, and half the tribe of Menasheh have taken their inheritance. Two-and-a-half tribes have taken their inheritance on the bank of the Jordan by Jericho, eastward toward the sunrise." (Numbers 34:13-15). The borders are Delineated to divide the Land amongst the tribes and between the families, as an ancestral heritage. Since families are not given an ancestral heritage today, the Land within these borders will return to the government of Israel in the Jubilee year, whenever it is sold to a foreigner or to a foreign government.

Golan and Bashan: "So Moses gave to them--to the children of Gad, and the children of Reuven, and half the tribe of Menasheh son of Joseph--the kingdom of Sihon king of the Amorite, and the kingdom of Og king of the Bashan; the Land with its cities in the boundaries, and the cities of the surrounding Land..." (Numbers 32:33). And so they inherited the Land of the Midian, the Amorite, and the Moabite, which is east of the Jordan.

Occupying the Land: "Hashem Spoke to Moses in the plains of Moab, by the Jordan, at Jericho, Saying: Speak to the children of Israel and say to them: When you cross the Jordan to the Land of Canaan, you shall drive out all the inhabitants of the Land before you; and you shall destroy all their prostration stones; all their molten images shall you destroy; and all their high places shall you demolish. You shall posses the Land and you shall settle in it, for to you Have I Given the Land to possess it... But if you do not drive out the inhabitants of the Land before you, those of them whom you leave shall be pins in your eyes and a surrounding barrier [of thorns] in your sides, and they will harass you upon the Land in which you dwell. And it shall be that what I had meant to do to them, I shall do to you." (Numbers 33:50-53,55-56). For if Israel lacks the courage to fulfill the Word of G-d and carry out His Order upon the Land, then surely it would ignore His Commandments and forsake the Character of His Covenant. It takes strength and courage to live according to G-d and walk with Certainty; and if Israel would doubt its Supreme Right to the Land, and not establish the Rule of G-d throughout its soil, then Israel would suffer the curse of betrayal, as it has.

The Promise of the Covenant: "There shall be no woman who loses her young or is infertile in your Land; I Shall Fill the number of your days. I Shall Send My fear before you and I Shall Confound the entire people among whom you shall come; and I Shall Make all your enemies turn the back of the neck to you. I Shall Send the hornet-swarm before you and it will drive away the Hivvite, the Canaanite, and the Hittite before you. I shall not drive them away from you in a single year, lest the Land become desolate and the wildlife of the field multiply against you. Little by little shall I Drive them away from you, until you become fruitful and make the Land your heritage. I Shall Set your border from the Sea of Reeds to the Sea of the Philistines, and from the Wilderness until the River, for I Shall Deliver the inhabitants of the Land into your hands and you shall drive them away from before you. You shall not seal a covenant with them or their judges. They shall not dwell in your Land lest they cause you to sin against Me, that you will serve their judges, for it will be a trap for you." (Exodus 23:26-33).

Fulfillment of Covenant and prophesy: "It happened many days after Hashem had Given rest to Israel from all their surrounding enemies, and Joshua was old, well on in years: Joshua summoned all of Israel...and said to them...'You shall beware greatly for your souls, to love Hashem, your Judge. For if you should turn away and cling to the rest of these nations, these which remain with you, by intermarrying with them and coming into them and they into you, you should know with certainty that Hashem, your Judge, will not continue to drive these nations out from before you; they will be a snare and an obstacle to you, a lash in your sides and thorns in your eyes, until you are banished from this goodly Land that Hashem, your G-d, Has Given to you...'" (Joshua 23:1-2, 11-14).

"An emissary of Hashem went up from Gilgal to Bochim, He Said: I Brought you up from egypt and I Brought you to the Land that I Swore to your forefathers. And I Said, 'I shall never annul My Covenant with you, but you shall not seal a covenant with the inhabitants of this Land; you shall break apart their altars.' But you did not hearken to My Voice! What is this that you have done? So I also Said, 'I shall not chase them out before you, and they will be unto you [as thorns in your] sides, and their judges will be a trap for you.'" (Judges 2:1-3). "So the wrath of Hashem would flare against Israel and He Would Say, 'Because this nation has violated My Covenant that I Commanded their forefathers and they did not hearken to My Voice, I, too, shall no longer drive away any man from before them, from among the nations that Joshua left when he died, in order to test Israel through them: Are they observing the Way of Hashem, to follow them as their forefathers observed, or not?' So Hashem let those nations remain, without driving them out quickly, and He did not deliver them into Joshua's hand." (Judges 2:20-23).

In later years, David would conquer and subdue all the enemies all around, from the Nile to the Euphrates River and from the Mediterranean to the Red Sea. The Philistines, Moab, Edom, Amman, Aram, and all the peoples swore allegiance to Israel, and paid tribute to David, for Israel had become a lord over its kin and a master over its neighbors. And "Solomon ruled over all the kingdoms, from the [Euphrates] River [to] the Land of the philistines, until the border of egypt; they brought tributes and served Solomon all the days of his life." (I Kings 5:1). Yet after Solomon, Israel led itself astray once more, and the people declined.

In the time of Yoram king of Israel and Yehoshaphat king of Judah, Moab rebelled, and so the two kingdoms of Israel allied, together with Edom, to defeat the Moabites. "When the king of Moab saw that the war was too difficult for him, he took seven hundred swordsmen with him to break through to [attack] the king of Edom, but they could not do so. He then took his firstborn son [of the king of Edom], who was to reign after him, and sacrificed him as a burnt-offering upon the wall, and a great wrath took effect against Israel; so they turned away from [Mesha, king of Moab] and returned to the Land." (II Kings 3:26-27). Then, a few years later, in the time of Yoram king of Israel and Yehoram, son of Yehoshaphat, king of Judah, "Edom rebelled against the rule of Judah, and they appointed a king over themselves. So Yehoram went to Tza'ir, and [took] all his chariots with him; he rose in the night and smote Edom... But Edom rebelled against [being] under the hand of Judah to this day." (II Kings 8:20-21,22). Thus, by the words of Isaac, "By your sword you shall live, but your brother you shall serve; yet it shall be that when you are aggrieved, you may cast off his yoke from upon your neck" (Genesis 27:40)--Edom had served Israel, until it was aggrieved, and rebelled. For Israel had declined in that time, and would soon be destroyed and exiled from its Land.

A New Prophesy: Israel was destroyed and its remnant driven into exile. Nations no longer knew the Will of G-d, and the remnant of Israel has become a topic of derision. Because Israel had betrayed its Covenant, its remnant has wandered in confusion and been led in death. Yet the ruins have been rebuilt and Israel has been reborn... No longer will the Word of G-d be scorned. "Come close, O nations, to hear, and regimes be attentive; let the earth and its fullness hear, the world and all its offspring. For Hashem has a fury against all the nations and a wrath against all their legions; He Has destroyed them, He Has Delivered them to the slaughter. Their slain will be thrown aside and their corpses will bring up stench; the mountains will melt from their blood. All the host of the heavens will dissolve and the heavens will be rolled up like a scroll; all their host will shrivel as a leaf of a grapevine shrivels and like a shriveled leaf of a fig tree. For My sword has been sated in the heavens; behold, it shall descend upon Edom and for Judgement upon the peoples of My destruction.

"The sword of Hashem is full of blood, greased with fat, with the blood of fatted sheep and he-goats, with the fat of the kidneys of rams; for Hashem Is Making a sacrifice at Batzrah and a great slaughter in the land of Edom. The wild oxen will go down [to the slaughter] with them, and bulls and fatted bulls; their land will be sated with blood and their soil enriched with fat. For it is a day of Vengeance for Hashem; a year of Retribution for the grievance of Zion. Its rivers will turn to tar and its soil to sulfur; its land will become burning tar. Night and day it will not be extinguished; its smoke will ascend forever. From generation to generation [the land] will be desolate, for all eternity no one traverses it. Owls and bitterns will occupy it, great owls and ravens will dwell in it; and He Will Draw against it a line of emptiness and plumb bobs of void. Their noblemen would call out, 'There is no dominion [except us];' but all its leaders will become nothingness. Its palaces will sprout weeds, thorns and thistles in its fortresses. It will be an abode for jackals, a place for ostriches..." (Isaiah 34:1-13).

"The wilderness and the wasteland will rejoice over them; the desert will be glad and blossom like a lily. It will blossom abundantly and will rejoice, with joyousness and glad song; the glory of Lebanon Has Been Given to her, the majesty of the Carmel and the Sharon; they will see the Glory of Hashem, the Majesty of our Judge.

"Strengthen weak hands and give support to failing knees. Say to those of impatient heart, 'Be strong; do not fear. Behold, your Judge Will Come with Revenge, with Divine Retribution; He Will Come and Save you.' Then the eyes of the blind will be opened and the ears of the deaf will be unstopped. Then the lame man will skip like a gazelle and the tongue of the mute will sing glad song; for water will have broken out in the wilderness, and streams in the desert. The scorched place will become a pond and the parched place springs of water; the abode where jackals rested will become grasslands with reeds and bulrushes. There will be a path and a road there; it will be called 'The Road of Holiness,' and no impure person will traverse it. It will be for them; the wayfarer, even ignorant ones, will not go astray [there]. There will be no lion there; the boldest animals will not ascend it, will not be found there; the Redeemed will walk there. Then the Redeemed of Hashem will return and come to Zion with glad song, with eternal gladness on their heads. They will attain joy and gladness, and sadness and sighing will flee." (Isaiah 35:1-10).

Let the enemies of Israel beware, for no enemy of G-d will remain in the Land; the Word of G-d Will Be Proclaimed over all its soil. Only by His Commandments will people remain in Israel, for it is the Law of the Land. The nations all around, those who dare to attack, will no longer return in security, for even they will receive their Judgement. And the Land Ruled by G-d Will extend throughout the Land of the Covenant; from the Nile to the Euphrates River, and from the Mediterranean to the Sea of Reeds. They will live according to the Laws of Israel, and become a part of Israel--that the enemies of G-d should be expelled even from there. There will be no more subservience--their Land will adhere to the hand of Israel, and all the territory will be governed in equality--for they will become a part of Israel; Ruled by the Judge of Israel.

Selling according to years remaining: "When you make a sale to your fellow or make a purchase from the hand of your fellow, do not aggrieve one another. According to the number of years after the Jubilee year shall you buy from your fellow; according to the number of crop-years shall he sell to you. According to the greater number of years shall you increase its price, and according to the lesser number of years shall you decrease its price; for he is selling you the number of crops. Each of you shall not aggrieve his fellow, and you shall fear your G-d; for I Am Hashem, your Judge." (Leviticus 25:14-17). Families are no longer given an ancestral heritage in Israel, yet the Land will return to the government of Israel in the Jubilee year, whenever it is sold to a foreigner or to a foreign government. Therefore the Land will be sold to foreigners according to the number of years remaining till the next Jubilee year; for they would be paying according to the number of years; and the government will compensate a citizen for the difference in value, unless he would lease his property, in which case it would return to him. But if the foreigner would want to sell his purchased property, he could only sell the remaining years, and the rest must be purchased from the government. And any natural resource of the Land belongs to Israel; so that a foreigner could not purchase property and then mine up all its resources for himself, exporting it for foreign use. He must purchase the rights to the resource from the government of Israel, as even a native would be obligated this way, that Israel should not be deprived of its resources.

Redemption of Land: "The Land shall not be sold in perpetuity, for the Land is Mine; for you are sojourners and residents with Me. In the entire Land of your ancestral heritage you shall provide redemption for the Land. If your brother becomes impoverished and sells part of his ancestral heritage, his redeemer who is closest to him shall come and redeem his brother's sale. If a man will have no redeemer, but his means suffice and he acquires enough for its redemption, then he shall reckon the years of his sale and return the remainder to whom he had sold it; and he shall return to his ancestral heritage. But if he does not acquire sufficient means to repay him, then his sale shall remain in possession of its purchaser until the Jubilee year; in the Jubilee year, it shall leave and return to his ancestral heritage.

"If a man shall sell a residence house in a walled city, its redemption can take place until the end of the year of its sale; its period of redemption shall be a year. But if it is not redeemed until its full year has elapsed, then the home that is in a city that has a wall shall pass in perpetuity to the one who purchased it, for his generations; it shall not go out in the Jubilee year. But homes in the open towns, which have no surrounding wall, shall be considered like the Land's open field; it shall have redemption, and shall go out in the Jubilee year. As for the cities of the Levites, the homes in the cities of their ancestral heritage, the Levites shall have an eternal right of redemption. And what one will buy from the Levites--a home that has been sold or the city of its ancestral heritage--shall go out in the Jubilee year; for the homes of the Levite cities, that is their ancestral heritage among the children of Israel! But the fields of the open Land of their cities may not be sold; for it is an eternal heritage for them." (Leviticus 25:23-34).

The Levites, like all the children of Israel, are no longer given an ancestral heritage, and the Land does not return to them in the Jubilee year. However, all property will be considered like the house in a walled city--that its seller should have one year to redeem it, before it passes on to a different person in perpetuity. If a person becomes impoverished and is forced to sell his property or loses it in a foreclosure, then he will have one year to redeem it, before he loses his rights over the property. He will be responsible for its value at the time of sale, including any interest charge that might have incurred, so that its purchaser or the creditor would not lose money from inflation and interest payments. If he attains the means to redeem his property, then its purchaser would have lost nothing and will have received it free for up to a year. Only if the market value rises or falls, this would not affect the value of its redemption.

However, if a person sells his property, while he is not forced to as a result of poverty, then he cannot redeem it, for he had made his decision, and cannot turn against his word because the market value rose or because he changed his mind; he no longer has any rights over the property. But a creditor who takes property as payment for a debt, cannot sell it until after a year has passed. And if he would rent it, its rental would be regarded as payments for the debt, and the owner would have the first right to rent it--so that he would not be evicted; only after a year has passed does he lose his rights over the property, in return for his debt. And if a person would sell his property as a result of poverty, then he must inform its purchaser of his right of redemption, that it should be included in the bill of sale, lest there be a misunderstanding, and the purchaser is left homeless, having also sold his property.

In the matter of property that is a person's source of income, such as farmland or a quarry, it will be treated like all Land. But a property that houses a business is not the business itself. A business includes assets, both legal and material, and these are the fundamentals, while the Land is only its address. The Land will be treated like all Land, but the business is a different matter. If a man would lose his company as a result of poverty, then he would not have the right of redemption, because its new owner might have invested more time, effort, resources, experience, and intellectual "property" into the company, thus changing its identity and its value. Only the Land (building, office, or shop) can be redeemed, and the impoverished person can build a new company--for if he had become impoverished, then apparently his business had not helped him anyhow.

 

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