Why the ROC can be deprived of the monastery with oak of Mamre in Hebron
The famous oak of Mamre in Hebron, where, according to the Bible, was first revealed to the trio, can take away from the Russian Orthodox Church. The Supreme court of Palestine cancelled the decree on the transfer of territory from the Shrine of the Moscow Patriarchate, referring to the ancient Islamic laws. In the ROC insist that this land belongs to her since the XIX century. The story unfolds on the background of aggravation of the Palestinian-Israeli conflict, which participants bring to the region "utter chaos." About the past, present and future of the Russian shrines of Hebron — in the material RIA Novosti.
The area the locals call al-Maskubiya, that is Moscow. Every year it attracts hundreds of Russian pilgrims to pray at the Russian Holy Trinity monastery and to see that oak. Christians believe that at the foot of the prophet Abraham in the guise of three angels appeared in three persons (hypostases) of the Godhead.
The sacred tree I believe and Muslims. They are 150 years ago and told him about it the head of the Russian ecclesiastical mission in the Holy land, Archimandrite Antonin (Kapustin). In 1868, the priest purchased the land with the oak of Mamre — and thus marked the beginning of the dispute, which has lasted until now.
The Supreme court of Palestine reversed the decision of the Council of Ministers of the Palestinian authority, according to which the land "requisitioned from their owners and transferred" the Russian Orthodox Church. The plaintiff was the family of al-Tamimi, claiming that the land belongs to her.
The circumstances of the trial in the Eastern confusing. The whole thing is quite complicated in terms of the laws of the status of land in Hebron.
According to the Palestinian media, about 85 percent of the city's territory since the VII century by the "Foundation of the family of al-Tamimi". Under Islamic law, this land is considered religious. Therefore, all who live in it and have property, are obliged to pay a special tax in favor of the family of al-Tamimi. This land has a status wakeupnow and can't leave anyone in the property. Transfer by sale or gift does not actually mean a change of ownership (it's impossible), but merely the right to perpetual use, and maintaining regular payments of the same family.
Representatives of al-Tamimi insist that the Ottoman Empire in the XIX century gave land in Hebron of the Russian ecclesiastical mission in accordance with Sharia law — the terms of the lease.
"They stopped paying tax after 1960 that, in accordance with the law on donations means the return of the site to the owner", — said the newspaper "al-Arabi" the family's lawyer.
So, according to him, Palestinian President Mahmoud Abbas had no right to sign a decree on the requisition of land with the oak of Mamre in favor of the state for onward transmission to the ROC in early January 2017.
In the Russian ecclesiastical mission in the last year explained that it acquired in the nineteenth century, the oak of Mamre family Tamimi is irrelevant. After all, bills of sale books are completely different owners. But the father Antonin (Kapustin) in 1873 pointed out that as a result of complex schemes, he was able to restructure land in Hebron to himself.
"We had invaluable with his Dragoman (interpreter Jacob Khalebi, RDM, it was originally shaped by the land in Hebron. — Approx. ed.) to rewrite all your Hebron old and new purchase, transfer in my name and to consolidate them for themselves a legal document," he wrote to the Russian Ambassador in the Ottoman Empire Nicholas Ignatiev.
The fact that Ottoman law was forbidden to sell land to foreigners. Therefore, the property in the Holy land was acquired with the subjects of the Empire. It's hundreds of objects on the territory of modern Israel, the Palestinian authority and Syria.
After the revolution of 1917 part of the estate came under the control of the British mandate. Some of its shares to dispose of the Russian Orthodox Church abroad (ROCOR), founded in 1921, had fled along with the whites from the Russian clergy. Plot in Hebron Trinity monastery was under the jurisdiction of the ROCA, while in 1997, Yasser Arafat didn't give it to the Moscow Patriarchate. And ten years later, in 2007, the Russian Orthodox Church abroad and returned to the Moscow Patriarchate reunited with the Church in the Homeland.
However, the problem of who owns what, remained. Legal battles around the site of the Trinity monastery lasted for several years — the Palestinian courts at various levels was confirmed, denied the right of the Russian Church to this earth. And the decision of Abbas to 2017 has provoked protests.
"In recent years, the rhetoric of the "family Waqf Tamimi" has changed: now the Russian ecclesiastical mission in Jerusalem, falsely accused of the intention to sell the land of the Holy forefathers of the Israeli state", — have noted in the past year, the Secretary of RDM hegumen Nikon (Golovko).
The Mission has repeatedly stressed that we are talking about the return of purchased before the revolution of plots resale to anyone.
In RDM said RIA Novosti that currently studying the judgment.
Current verdict, the Supreme court announced during the next round of Israeli-Palestinian conflict. In may, President Mahmoud Abbas has promised to break off all relations with Israel in the event of annexation of the West Bank of the Jordan river (as is known, the U.S. President submitted a plan for a peaceful settlement of the dispute over land — the so-called "deal of the century"). The Palestinian authority insists on recognition of the 1967 borders, with the Jordan valley and Jerusalem.
In the whole history of Hebron is the Central point of conflict. Here is the second largest Jewish Shrine Cave of the patriarchs, the burial place of the first people Adam and eve and the ancestors of the Jewish people Abraham, Isaac, and Jacob. This place is especially venerated by both Muslims built a mosque there. And, of course, come here to pray, and Christians.
Because of the special status of the city is divided into several zones, each controlled by either Israel or Palestine. Between the parties and then there are clashes.
Russian plot, in fact, is in the midst of conflict. Sometimes suffer from this simple pilgrims: their buses stoned.
"The problem is that there are extremist forces who seek politically motivated to oust us from the land indisputably owned by us and purchased at the expense of Russian, the Russian pilgrims. In addition, our presence there is used to demonstrate the rejection of Russia's policy in Syria and generally in relation to the "Islamic state."* Unfortunately, from time to time this is repeated", — complained in an interview with RIA Novosti in 2017 the chief of mission Archimandrite Alexander (elisov).
And the current situation only exacerbates the problem. The issue has become political, said RIA Novosti source in the Russian diplomatic circles.
"In 1997, Yasser Arafat, during a visit of Patriarch Alexy II gave this part of the world, and no one even make a sound, and legally it is not really processed. Formalities settled only with Abbas in early 2017. And now the situation of the Palestinian authority are not as solid and showed that the verdict of the Supreme court. Now we are in this story are trying to equate the Israeli settlers, it is fundamentally wrong, because the land we paid," — said the Agency interlocutor.