Six Palestinian families evicted; settlers seize historic Al-Basha family property in Old Jerusalem
Last Wednesday, settlers took over a property of the al-Basha family in Jerusalem's Old City after an eight-year legal dispute ended with an eviction notice for six Palestinian families. The settlers insisted the property was Jewish-owned before 1948. Situated in the Old City’s core, the historic building is made of Jerusalem stone and features old windows and doors. The al-Basha family has lived there for almost a century.
Following the eviction, the settlers rekeyed the doors, displayed Israeli flags on the building's exterior, and attached mezuzahs—Jewish religious texts traditionally placed on doorposts—at its entrances.
The legal dispute started in April 2018 when the Israeli authority overseeing Jewish properties prior to 1948 and the settler group Ateret Cohanim submitted a claim to the property.
The claims rely on the fact that, prior to 1948, the upper floor on the west side of the building contained a synagogue and religious school called "Torat Chaim." It is now leased to the Ateret Cohanim settlement organization.
The Al-Basha family states that the eastern part of the building was acquired by their grandfather, Jawdat Abdul Ghani Al-Basha, after he bought it at a public auction early last century because of debts owed by its Jewish owner. The land registry officially recorded the ownership under his name in the 1940s.
During the 1948 war, the Jews abandoned the synagogue and entrusted its keys to Jawdat Al-Basha through a protocol that ensured the building's preservation. Subsequently, settler organizations used this situation to also claim the eastern section, arguing it was part of the original property, and they demanded the eviction of the families living on its three floors.
The Legal Battle
The case involved numerous court sessions over eight years, where the Al-Basha family submitted official documents and title deeds to affirm their independent ownership of the eastern section of the building. They also demonstrated that they legally purchased the property at the start of the last century and emphasized their long-standing right of possession and presence spanning decades.
Although the family submitted all relevant ownership documents, the court declined to acknowledge them and dismissed the statute of limitations claim. It viewed the property as a single unit and argued that Jewish properties, including some managed by the so-called "Public Custodian," are not subject to the statute of limitations that apply to private property. This ruling favored the settlement associations and resulted in the families being fully evicted.
The 'Al-Basha Property' case exemplifies a troubling pattern where the seizure of historic buildings in the Old City is justified repeatedly. Authorities leverage legal cover and double standards to alter the city's demographic and architectural landscape, contributing to the loss of homes and heritage for hundreds of Jerusalem residents as six new families join the ongoing settlement projects.
This decision represents an expansion of an intensified settlement effort. Since the start of this year, the Ateret Cohanim association has seized control of 17 residential apartments in Jerusalem, mainly in the Batn al-Hawa area of Silwan. They claim the land belongs to Yemeni Jews, raising concerns that these actions could depopulate Jerusalem neighborhoods and alter their existing character.
