One of the major obstacles faced by Jewish immigrants who tried to purchase land prior to 1948 was the unique system of property ownership established in much of the country. In 1932, 117,869 dunam of land was held by absentee landowners. In most cases, tenant farmers worked the land, creating a dilemma for land purchasers.34 Even after buying the land from the real owner, the tenant farmers would generally remain in place. In 1927, the British passed a law preventing the transfer of land without first securing new land for the tenant farmer or making a cash settlement.35Yet this had already been the policy of the Jewish Agency, which had explicitly sought to avoid controversy in its land purchases. The Shaw Commission reported:
We think that the Jewish Companies are not open to any criticism in respect of these transactions. In paying compensation, as they undoubtedly did, to many of the cultivators of land which they purchased in the Plain of Esdraelon [Jezreel Valley] those companies were making a payment which at the time of the transactions the law of Palestine did not require. Moreover, they were acting with the knowledge of the Government.36
Despite this careful attention to the tenant farmers reimbursement, Arab fellaheen often claimed that Jews had given them little or no compensation. In response, the British launched investigations into over 3000 claims, of which about 2500 were ultimately rejected.37For the 600 or so claims that were accepted, the Development Department was required to provide 60 dunam of irrigable land or a cash settlement that would presumably allow the farmer to move to a city.38 The immigration of Jews to Palestine was thus done both legally and ethically.
Harvard Israel Review (HIR)