ottoman regime 19th century

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The Ottoman Land Code

Imperial Edicts

The Ottoman Land Regime

in the Late 19th Century



What led to the Ottoman Land Code?What led to the Ottoman Land Code?

• Increasing military and economic competition

with the countries of Europe.• Geographical weakening of the central government.

• Government reforms aimed at creating strong central governing structures to promoteeconomic growth and military and political strength (Tanzimat)

• Part of the evolution of a new type of centralized state structure in which the central government

played a larger part in regulating daily lives and activities.

The OLC’s Overall Aim appears to be the improvement of

Ottoman land administration and the establishment of a direct

fiscal relationship between cultivators and the central government.



The Ottoman Land Laws of 1858-9The Ottoman Land Laws of 1858-9

• Ottoman Land Code, 1858.• Tapou Law, 1858.

• Tapou Regulations, 1859.

How did the laws of 1858-9 reflect continuity?

How did they reflect change?

What were their most significant impact?How was this impact manifested in Jewish-Arab land-

tenure relations from the late Ottoman period through

the end of the Mandate?



Jewish-Owned Land in Palestine, 1945/6



The Ottoman SystemThe Ottoman System

Of “Split Ownership”Of “Split Ownership”

raqabaraq

aba – Nuda Proprietas, or bare title to

property (the right of property without

usufruct).

tasarruf tasarruf – Usufruct, or the right to use andderive profit or benefit from property.



The 5 Types of LandThe 5 Types of Land

Defined by the O.L.C.Defined by the O.L.C.

1) mulk

2) miri

3) mewat (mevat )4) matruka (matruke)

5) waqf (vakif)

Musha` - Not a legal category, but rather a land

holding system communal holdings and periodic

redistribution.



mulk mulk

• Raqaba and tasarruf belong to the landholder (fullownership, freehold).

• Sources:

a) Land in the built-up area of a village or town.b) Miri transformed into mulk by the Sultan through acourt order, in exchange for payment.

c) Land transferred to Muslims by the conquerors

(`ushriya).d) Land transferred to local inhabitants by the

conquerors (kharijiya).



miri miri

• Raqaba to the treasury and tasarruf to the cultivator.

• Vast majority of agricultural land in Palestine and inthe Empire.

• Strong, long-term rights of usufruct to the holder and

cultivator.

• Under Art. 78 of the O.L.C., whoever cultivates miri

for ten-years is entitled to a title deed.

• Under Art. 68 of the O.L.C., miri which is left fallow

for three years (without valid reason) is subject toreallocation according to the rights of “tapou” (Art. 59

of the O.L.C., and Art. 16 of the Tapou Law). If it is

not reallocated in this manner, it becomes mahlul and

is auctioned off by the treasury.



waqf waqf

• Property that has been “dedicated” for religious,

cultural, or charitable reasons.

• Waqf sahiha ( true waqf) – Dedicated mulk property.

Raqaba and tasarruf to the waqf, and the propetry is

subject to Islamic law (shari`a).• Waqf ghayr-sahiha ( sultanic waqf , or “untrue waqf ” ) –

Dedicated miri property. Raqaba to the treasury and

tasarruf and income to the waqf , and the property is

subject to the O.L.C. as miri .

• Every religious group has its own waqf which is

independently administered by its leaders.



matrukamatruka

• Raqaba to the treasury.

• Land left for public use:

a) Land officially allocated to a village or town – grazing

land, granary, forest land, etc.

b) Land in the use of the undefined, general public –roads, markets, etc.

• No exclusive possession or use by individuals.

• There is no clause in the O.L.C. empowering thetreasury to assume possession of matruka.



mewat mewat

• Unoccupied, vacant, typically rugged and

uncultivated land that has not been left for public use

and that is located far from the nearest town or

village (distance of a loud voice, 1.5 miles, or half-an-

hour).• Raqaba to the treasury.

• Under Art. 103 of the O.L.C., whoever “revives”

mewat is entitled to tasarruf and a title deed. After

revival, the land becomes miri .



musha`musha`

• Not a legal category of land, but rather a

communal land holding system based on

periodic reallocation.

• Groups: village, hamula in one village or

spread over a number of villages, small

families, etc.



Imperial Edicts



(ind. 1832)

(1869)



The Ottoman Position on JewishThe Ottoman Position on Jewish

Settlement in Eretz Israel/PalestineSettlement in Eretz Israel/Palestine• The Ottomans were aware of the Jewish situation in E.

European and the onset of Zionist activities in 1881.

• The government’s position stemmed from the two major

problems then facing the Empire at the time:

1) The rise of nationalist movements within the Empire andthe subsequent loss of territory.

2) The Empire’s relations with the European states:

- The desire to prevent foreigners (particularly

Europeans) from settling in the Empire.

Hovavei Tziyon was regarded as a Russian movement,

and this increased Ottoman opposition to Jewish

immigration to Palestine.



Herzl and the Sultan (1896-1902)Herzl and the Sultan (1896-1902)

What did Herzl want from Sultan

Abdulhamid, and what did

Abdulhamid want from Herzl?



The Dynamic of Ottoman Efforts toThe Dynamic of Ottoman Efforts to

Prevent Jewish Immigration to PalestinePrevent Jewish Immigration to Palestine

1. Prohibitions issued.

2. Jews petitioned European consuls.

3. European governments protest the infringement

on the rights of their nationals and foreignprotégés, guaranteed by the capitulations, and

pressure the Ottomans to rescind.

4. The Ottomans soften the prohibition.5. Jewish immigrants and organizations take

advantage of loop-holes to circumvent the law.



Ottoman Measures againstOttoman Measures against

Jewish Settlement in PalestineJewish Settlement in Palestine

1881 – Jewish settlement prohibited.1883 – Foreign Jews prohibited from buying land in Palestine.

1884 – Jewish merchants and businessmen prohibited fromentering country. Pilgrims may enter for 30 days after payingdeposit.

1888 – Jews permitted to settle in Palestine individually.1891 – Russian Jews, and subsequently all foreign Jews,

prohibited from entering country.

1892 – Sale of miri land to all Jews prohibited (ban on local Jewseventually lifted).

1898 – Return to the policy of 1884, with extension to 3 months.

1900 – Instead of deposit, Jewish pilgrims surrendered their papers for 3-month visa.

1901 – Retroactive recognition of Jewish immigrants in Palestine,

but prohibited from assisting new immigrants.



Land, Law and the ConflictLand, Law and the Conflict

towards the end of Ottoman Ruletowards the end of Ottoman Rule

• Clear government position against the

purchase of land by Jews.

• Laws against Jewish land purchases.

• Minor (but increasing) resistance against

Jewish land purchases among the

Palestinian felahin (peasant farmers).

• Despite all this, Jewish and Zionist

individuals and organizations succeeded in

acquiring land and establishing settlements.



The Jewish Population in Palestine:The Jewish Population in Palestine:

1882-19081882-1908

1882 – 24,000

1890 – 47,000

1897 – 50,000

1908 – 80,000



Reading for SundayReading for Sunday

Required

Alan Dowty: “‘A Question that

Outweighs All Others’ Yitzhak Epstein and

Zionist Recognition of the Arab Issue”

Recommended

Rashid Khalidi: “Palestinian Peasant

Resistance to Zionism before World War I”

ottoman regime 19th century

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