The Challenge of Palestinian Property Claims and Mizrahi Jewish Reclamation

The long-standing question of whether Palestinian refugees in Lebanon can reclaim their property from Israel after 75 years has sparked considerable debate. The crux of the matter lies not in historical documentation but in the practical realities of the situation. For many of the refugees, the more pressing concern is the prospect of gaining citizenship in Lebanon, a challenge that many have not yet overcome. Even those who could potentially make a claim would face numerous obstacles, including age restrictions, tax obligations, and complex legal frameworks.

Age and Tax Obstacles

Anyone who owned property in Israel would need to be at least 93 years old or have been an adult during that time. This age requirement makes it effectively impossible for those still living to claim property. Moreover, the requirement to pay land taxes for the last 75 years raises significant doubts about the legal validity of many potential claims. For these reasons, the question of reclaiming property remains highly speculative and fraught with challenges.

Lebanese Citizenship and Property Rights

A much more immediate issue for Palestinian refugees is gaining citizenship in Lebanon, which has not been granted to them despite their long-standing presence. This lack of citizenship means that many refugees face ongoing legal and social hurdles that are not directly related to property rights. The question of citizenship is a fundamental prerequisite for any discussion of property rights, and without it, such claims are often secondary.

The Mizrahi Jewish Question

The imbalance in property reclamation discussions is further highlighted by the lesser-known question of Mizrahi Jews reclaiming their property in Arab countries. Asking about just one side of the equation is not only unrealistic but also illegitimate and unfair. Mizrahi Jews who were expelled from Arab countries after 1948 face a unique set of challenges, particularly due to the limited amount of privately-owned land under Ottoman and mandate rule.

Land Ownership Dynamics in the Mandate Period

Under Ottoman and mandate rule, the total privately-owned land in the region amounted to less than one-quarter of the land area. British land registries, accurate up to May 1948, show that 76% of the land was state-owned and could not be privately owned. The remaining 24% was shared among three groups: absentee owners, local Arabs, and Jews. This distribution is critical to understanding the current debate over property rights.

Claims and Adjudication

Claims to privately-owned land can only be filed by local Arabs who owned the land. Those who rented, either from the state or absentee landlords, have no claim to ownership. Additionally, issues of multiple ownership claims complicate the process, as families may attempt to claim ownership singly. Since 1950, over 3000 small claims have been settled, but the number of genuine claims is likely to be much smaller. Documentation for these cases can be found in the archives of the Ministry of Justice.

For absentee landlords to reclaim their lands, they would need to pay back taxes from 1948, a highly unlikely prospect given the amount of time and the current value of the land. The back taxes of 70 years would likely be far more than the land is actually worth, rendering such claims economically impractical.

Fairness and Compensation

The debate over compensation is often selective and hypocritical. While the focus is on compensating Palestinians, the scale of compensation owed to the descendants of those expelled from Arab countries is much greater. With estimates of stolen property, cash, and other assets ranging between 4 and 10 times the highest demand by Palestinians, the justice of half-claims is questionable.

Either all refugees from both sides should be eligible for compensation or none should be. Anything less is a form of BS, as both groups have legitimate claims based on the pain and loss they have endured.

The reconciliation of these complex issues requires a comprehensive and fair approach that acknowledges the historical injustices and the rights of all victims. While individual claims may be difficult to adjudicate, addressing the broader context and ensuring fair compensation for all affected parties is essential for achieving lasting peace and justice.