In honour of Tu b’Shevat: to whom does the land belong?

One day Chaim, a landowner, had to leave the town for a while, and he left his land in the care of Jacob. Jacob worked hard on the land, taking great care to weed it, fertilise it, dig it over; then he planted a crop, weeded and watered it, and the land gave bountifully in return. And so it went until Chaim returned, and reclaimed his land. “Thank you for all you have done” he said, “but now I have come back I wish to work this land, for it belongs to me”. But Jacob resisted. “No!” he said. “I have worked this land and made it even more fertile and good; this land now belongs to me, by virtue of my work to enhance it and make its soil rich and productive. You may be the legal owner on paper, but I am the owner in reality”. The two of them struggled and fought, shouted and argued, each of them claiming their ownership of the land. Eventually they were persuaded to go to the local Rabbi for arbitration of their dispute, and they agreed to abide by the decision of that Beit Din. So off they went, and each passionately put his case of ownership, by virtue of legal document or by virtue of practical working and protecting. The rabbi listened to both sides carefully, and declared “the question is a complex one, for each of you have made a good case as to why the land should belong to you, but there is a third party in this case who has not yet spoken. Come with me”. So Chaim and Jacob went with the rabbi out to the field in question, wondering who the third party to the dispute might be. And they were surprised when the rabbi bent down, ear to the earth, and silently appeared to be listening. “What are you doing? Where is the other person who has claim to this land?” each of them shouted, looking round and gesticulating furiously to defend their claim from the unknown plaintiff. After a moment the rabbi got up and brushing down his clothing he said. “Gentlemen, each of you say that the land belongs to you. Each of you has made the case for your ownership. But I have asked the third party to this dispute – I have asked the land to whom it belongs, and the land has told me that neither of you own this land. The land has told me that you belong to it.”  (Jewish folktale)

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