Chayei Sarah 5780
Question: Who owned the field in which מערת המכפלה is situated? On the one hand, it seems that עפרון sold the field, but in 23:20 the implied previous owners were בני חת as a whole
Approach: it seems that ownership in the ancient world was a dual process, and not necessarily all that different to what happens today. Firstly, the tribe/nation acquired land in some form, and then the members of the tribe divided up the land between their members.
As such, the people of בני חת first took possession of the entire tract of land, which was then divided up between the members of the community. The portion of עפרון contained land that אברהם wanted to acquire. So, in order for the land to be fully purchased by Avraham, it had to come with the consent of both the individual owner (עפרון) and the nation (בני חת).
Approach: it seems that ownership in the ancient world was a dual process, and not necessarily all that different to what happens today. Firstly, the tribe/nation acquired land in some form, and then the members of the tribe divided up the land between their members.
As such, the people of בני חת first took possession of the entire tract of land, which was then divided up between the members of the community. The portion of עפרון contained land that אברהם wanted to acquire. So, in order for the land to be fully purchased by Avraham, it had to come with the consent of both the individual owner (עפרון) and the nation (בני חת).
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