Israel’s Ministerial Committee has approved legislation advanced by the Land of Israel Caucus and Knesset member Moshe Solomon that will repeal a pre-1967 Jordanian law banning the sale of land to Jews in the Land of Israel.
The bill, approved Sunday (Jan. 26) and signed by more than 40 Knesset members from across the political spectrum, will go to a vote in the Knesset plenum.
If passed, the legislation will allow Israelis to purchase land directly from Palestinian Authority citizens in Judea and Samaria. Up to this point, Israelis could only purchase such land through companies registered with the Civil Administration, and only after receiving a transaction permit from the supervisory body.
Entitled “Elimination of the Discrimination in the Purchase of Real Estate in Judea and Samaria”, the bill was previously proposed by Religious Zionism chairman MK Bezalel Smotrich and subsequently was proposed by the Land of Israel Caucus.
The legislation will strike down a Jordanian law that remains in force in Judea and Samaria: “Law Number 40: Prohibition of the Lease or Sale of Real Estate to ‘Strangers’ (non-Muslims)”.
The law in question was instituted during the period of illegal Jordanian occupation, and prohibits the purchase of land to anyone who does not hold Jordanian or other Arab citizenship.
Although Jordanian Law #40 is blatantly discriminatory and racist, it remains in force despite Israel’s liberation of the territory in 1967. Because Israeli law has not been applied to these territories, the law has been used primarily to hinder Jewish purchase and development.
“The legislation will clear obstacles to land purchase and enable growth of Jewish communities,” the Land of Israel Caucus said.
Peace Now Slams the Measure
The anti-Israel Peace Now organization slammed the legislation, calling it “yet another annexation move initiated by the messianic right” and saying it would open the door to “questionable deals and forgeries.”
Peace Now claims the Knesset has “no authority” to legislate laws “for areas that are not under Israeli sovereignty. The leftist organization warned in a statement last November, when the bill was introduced, that “the attempt to apply Knesset laws to the occupied territory constitutes annexation and a blatant violation of international law.”
Praise for Long-Needed Change
“For many years we have been waging a legal battle to repeal the racist Jordanian law that prohibits Jews from purchasing land in Judea and Samaria and inconceivably remains in force to this day,” the Regavim Movement said in response.
“About two years ago, the High Court of Justice rejected Regavim’s petition, ruling that although the Jordanian law exudes a “racist scent” – it is a political decision that must be changed through legislation.”
In accordance with that decision, repeal of the law is now making its way through due legislative process.
“We congratulate MK Moshe Solomon and the leaders of the Land of Israel Caucus MK Yuli Edelstein, Limor Son Har-Melech and Simcha Rothman who led a large consensus of supporters to the clear and unequivocal truth: a Jew can buy land in the Land of Israel,” Regavim added.
The pro-Israel Sovereignty Movement likewise offered its congratulations, praising the Land of Israel Caucus “who led to the cancellation of the racist Jordanian law that prevented the sale of land to Jews in Judea and Samaria.”
Sovereignty Movement leaders Yehudit Katsover and Nadia Matar said they see the amendment of the law as “a necessary and expected step, which constitutes an additional stage on the way to a national awakening that will be completed with the full application of Israeli sovereignty over the entire area.”
How We Got Here
The Judea and Samaria regions, as well as parts of Jerusalem (including the Old City), were occupied by Jordan from 1948-1967. During that time, Amman allocated and registered many plots of land on behalf of local Arab residents, including a number of plots in Jerusalem that belonged to Jews.
The Jordanian documents have remain legally valid to this day and are often cited by Israeli courts. Although Jordan has had no sovereign rights in the territories since the 1967 Six Day War, the Amman government nevertheless promoted a longstanding policy of banning real estate transactions in Palestinian Authority-controlled areas of Judea and Samaria. The Ramallah government likewise requested in 2019 that Jordan authorities issue an official ban on such deals — even though Jordan has no sovereign right to do so.
Under Palestinian Authority law, selling real estate to a Jew is a capital crime, punishable by death. Jews who wish to purchase land in Judea and Samaria often do so secretly, by using Arab go-betweens and Palestinian Authority realtors who later leave the area or move abroad.
