Gentile Land Ownership in the Land of Israel: The Palestinian Talmud in Light of Biblical Models and Roman Law

Abstract: This paper examines a key passage in the Palestinian Talmud (the Yerushalmi), on mGit 4.8, that presents a salient discussion about the halakhic meaning of gentile ownership of lands in the land of Israel. Two theoretical moves are evident within the amoraic effort to define it. The first is an innovative turn, achieved through a creative reading of Leviticus 25, that interprets Jubilee law as a model by which gentile possession of the Land is portrayed as a lamentable yet temporary form of partial ownership, similar to enslaved Jews in gentile hands, until returning to Jewish control. The second is a conceptual deliberation on select legal categories of ownership, most notably the concept of ususfructus , which may be seen in light of their centrality in Roman property law, especially given the key role that such designations hold in Roman construction of hierarchies and space. I suggest viewing the rabbinic use of these categories as a subversive strategy, either as an adaptation to the Roman definition of Italic land or in opposition to Roman perceptions of provincial lands, that is, in dialogue with the very Roman notions of space and control over subordinate populations that the rabbis themselves were confronting in the land of Israel. This sugya thus provides a unique view of how these Palestinian rabbis perceived the Roman presence in their land and their mindset as a conquered community and, in a broader sense, a valuable source for better understanding provincial perspectives under the Roman Empire.