October 7, 2026: When an Ottoman Land Law Could Change the Map of Judea and Samaria

Everyone knows why October 7, 2023 changed Israel. But an obscure Ottoman law makes another date worth watching: October 7, 2026.

In 1858, the Ottoman Empire enacted a land code under which three consecutive years without cultivation could have consequences for rights to certain agricultural land.

Now, three years after October 7, that old rule may suddenly matter.

The Three-Year Rule

Much of the agricultural land of the Ottoman Empire was classified as miri. The sovereign retained ultimate title (“state land”) while individuals could acquire valuable rights of possession and use, known as tasarruf.

Active use of the land mattered.

Article 68 of the Ottoman Land Code addressed agricultural land left uncultivated for three consecutive years without a valid excuse. The original Ottoman mechanism was more complicated than “three years and the government automatically owns your land,” involving tapu, the status of the holder and opportunities to recover the right.

But the underlying principle was clear: continued cultivation could matter to continued land rights.

Ottoman termMeaningRelevance
MiriState land carrying individual possession/use rightsMuch agricultural land
TasarrufRight of possession and useThe individual’s valuable land right
MahlulLapsed/reverted possessory rightPotential consequence of qualifying non-cultivation
TapuLand registration/title systemDocumentary evidence of rights

This is not merely an Ottoman historical curiosity. It passed on to the British, Jordanians and then Israel with few modifications.

In 2020, Israel’s Supreme Court addressed the rule directly in HCJ 5426/17, Barakat v. Head of the Civil Administration in the West Bank (Nov. 29, 2020). The Court held that under the Jordanian land law still applicable in the territory, an unregistered tasarruf right acquired through cultivation could be extinguished if the land was left uncultivated for three consecutive years, causing the land to revert to the government under Article 68’s mahlul doctrine. By contrast, a tasarruf right that had been formally registered generally was not lost merely because the land subsequently lay fallow.

So the three-year rule remains relevant to unregistered land in Judea and Samaria today.

Goats owned by Bedouins graze in Judea and Samaria (photo: FirstOneThrough)

Then Came October 7

After the October 7 massacre by Gazans, security conditions dramatically changed access to agricultural land across the region. OCHA reported that more than 96,000 dunams of olive-cultivated land went unharvested during the 2023 season following access restrictions and violence. By the 2025 olive harvest, OCHA was reporting that farmers from multiple villages had been completely denied access for the third consecutive year to certain olive groves.

That creates the question: How much unregistered agricultural land has actually gone uncultivated since October 7, 2023?

The Eye in the Sky

There is something unusual about these particular three years.

Israel has had extraordinary security reasons since October 7 to maintain extensive aerial surveillance of Judea and Samaria.

At the same time, the Civil Administration already uses sophisticated geographical information in determining land status. Its Surveying Unit maintains cadastral and mapping information, while its Supervision Unit operates a team whose stated function is examining land through survey procedures “aimed at locating state land in the area, for declaration as such.”

The Civil Administration therefore potentially possesses an extraordinarily detailed record of whether cultivation occurred.

Request For Access

Consider two claimants whose land appears uncultivated in aerial photographs for three years. One produces repeated applications showing: I wanted to cultivate my land. Israel prevented me from reaching it. The other has no comparable record.

Those are materially different factual cases based on the background discussed above.

OCHA reports that Palestinian liaison authorities submit farmers’ access requests to Israeli authorities and tracks approvals, denials and pending requests in particular areas. Those applications coupled with the aerial documentation, may move the land into a different legal category.

Meanwhile, Israel Is Looking for State Land

This is where the 1858 law meets 2026.

The Civil Administration openly maintains a Survey Lands team charged with examining whether land can be declared government property. Its newly published procedures show that potential survey areas are placed on a priority list requiring approval by the head of the Civil Administration and the Defense Minister or an authorized representative.

The State Comptroller describes the same team’s purpose as locating and marking land in Judea and Samaria that can be declared government property.

And Israel has dramatically accelerated state-land declarations.

In February 2026, the Israeli government approved the resumption of systematic land-registration proceedings in Area C, allocating approximately NIS 244 million to the effort—the first such broad registration initiative since Israel suspended the previous settlement-of-title process after 1967.

Peace Now calculates that approximately 27,119 dunams had been declared state land under the current government by June 2026, nearly as much as it says had been declared during the entire period since the Oslo Accords. A Palestinian Authority commission consequently calculates that approximately 29,335 dunams have been included in state-land declarations since October 7, 2023.

And we haven’t yet reached the anniversary when many West Bank Arabs encountered more restrictions on movement due to the war their Gazan brothers waged on Israel.

October 7, 2026

That is what makes the third anniversary different.

Consider the ramifications of Ottoman law to this point in time:

  • 1858: Ottoman law makes three years of non-cultivation legally significant for certain land rights.
  • 2020: Israel’s Supreme Court confirms that the Article 68 mahlul doctrine remains relevant to unregistered tasarruf rights in Judea and Samaria.
  • 2023: October 7 is followed by enormous disruption of access to agricultural land.
  • 2023–2026: Israel accumulates an extraordinary photographic record of what is happening on the ground.
  • 2024–2026: state-land declarations accelerate.
  • 2026: Israel funds a major new land-registration initiative.
  • October 7, 2026: three years have elapsed for when many West Bank Arabs accessed land they had used previously.

Nothing automatically changes ownership at midnight of 10/7. Many questions remain.

How much affected land is actually unregistered miri land? Was it legally “uncultivated”? What constitutes a sufficient excuse? What happens when Israeli security restrictions themselves prevented cultivation? And what evidence exists showing that individual claimants continued asserting their rights?

Those questions will have to be answered parcel by parcel.

But after October 7, something will exist that did not exist before: three complete post-massacre years of evidence.

October 7, 2023 changed the security map of the Middle East. October 7, 2026 may begin changing the actual map of Judea and Samaria as well.

Judea, Long, Long Before Muhammad

Long before the Islamic prophet Muhammad was born, long before Arab armies invaded Jerusalem, there was Judea.

It was called Judea in the Books of Maccabees. The Greek geographer Strabo called it Judea. Josephus called it Judea. The Roman historian Tacitus called it Judea. The Christian New Testament called it Judea. Rome governed a province called Judaea.

And when the Romans defeated the Jews there, they minted coins celebrating IVDAEA CAPTA — “Judea Captured.”

Roman coin from 71AD with Emperor Vespesian on one side and “Judea Capta” on the other

All of that happened centuries before Muhammad was born in Arabia and Arabs invaded the Jewish holy land.

Yet today WAFA, the Palestinian Authority’s official news agency, describes Israel’s use of “Judea and Samaria” as an effort to give its “bogus claims… a veneer of historical and religious legitimacy.”

Bogus?

The Romans weren’t Zionists. Tacitus wasn’t working for the Israeli government. Roman coins celebrating the defeat of a Jewish rebellion certainly weren’t designed to manufacture Jewish history.

They called it Judea because Judea was its name.

And Judea, Judah and Jew share the same historical root. The Jewish people carry the connection to this land in their very name.

So why does the Palestinian Authority choose to call that heritage and homeland claim “bogus”?

Perhaps because acknowledging Judea creates an enormous problem for the narrative the PA and WAFA promote every day, calling Jews living in the land of Israel as “colonists.” But colonizers are outsiders who arrive in someone else’s homeland. It becomes considerably harder to sustain that description while acknowledging that the people being called colonizers take their name from the very land in which they supposedly have no indigenous history.

This is antisemitic historical erasure—and it should be condemned as such.

It should be condemned at the United Nations. It should be condemned by governments that have chosen in recent years to recognize a Palestinian state. Britain, Canada and others should demand something elementary in return: recognition of the history and heritage of the Jewish people.

Because recognition cannot sensibly run in only one direction.

If the Palestinian Authority asks the world to recognize the local Arabs attachment to this land while its own official news agency dismisses the Jewish people’s vastly documented attachment as “bogus,” the problem is larger than terminology.

It goes to coexistence.

Two peoples cannot make peace if one insists that acknowledging the other’s history is itself illegitimate. A Palestinian state cannot be built on the proposition that Jewish history deserves international negation.

ACTION ITEM

Contact governments of Canada, Britain, France, Australia, Mexico and others that they demand that the Palestinian Authority stop calling the long Jewish history in the holy land “bogus.”

What Is Actually Being Built in E1?

Israel’s decision to move forward with construction in E1 produced the familiar headlines: settlers, seized Palestinian land, displacement and the death of a Palestinian state.

WAFA reported that Israel issued a tender for 1,234 “settlement units” in E1, presenting it as “one of the most controversial settlement schemes” in a colonial project designed to fragment Palestinian territory.

Before debating E1, start with what is actually being built, where, on whose property and for whom.

An Extension of Ma’ale Adumim

E1 is an approximately 12,000-dunam, or 12-square-kilometer, planning area between Jerusalem and the existing community of Ma’ale Adumim.

It lies in Area C, where the Palestinian Authority and Israel agreed under the Oslo framework would be under Israeli security control and civil administration. Israel is building within the municipal planning jurisdiction of Ma’ale Adumim, not a new area. E1 has not been annexed to Israel.

The current project is E1 South, one part of that larger area. The 1,234 units are in apartment blocks adjacent to the existing city, not isolated houses spread across 12 square kilometers of West Bank hills. The plans contemplate the infrastructure of a normal urban community: elementary schools, kindergartens and daycare, synagogues and a mikveh, community buildings, parks and gardens, commercial facilities, roads and infrastructure.

E1 is not a new project of the current Israeli government. Its planning dates back roughly three decades to the Rabin era. Roads and the Judea and Samaria District police headquarters were built there years ago, even as residential construction remained frozen under international pressure.

Building Does Not Draw the Border

Area C was created under Oslo as an interim administrative arrangement, not a permanent international border. Borders, settlements and Jerusalem were reserved for permanent-status negotiations, and Israel subsequently transferred authority over the major Palestinian population centers to the Palestinian Authority as part of Area A.

E1 South could therefore ultimately remain with Israel, become part of a Palestinian state, or be addressed through a negotiated territorial exchange. Construction changes the facts future negotiators confront; it does not establish sovereignty.

E1 does not make a Palestinian state geographically impossible simply because it creates a narrow connection between northern and southern Palestinian population centers. Israel itself has long existed with a narrow neck across its principal population center, historically only about nine miles wide at its narrowest point. If a narrow neck makes statehood impossible, Israel itself should have been geographically impossible for decades.

Palestinian north-south travel east of the 1949 Armistice Lines (E49)/ Judea and Samaria already happens and is being made easier. A route already exists east of Ma’ale Adumim, and Israel is constructing additional roads intended to connect current Palestinian Arab communities around E1.

A Land System Older Than Israel

Much of E1 is classified by Israel as state or government land, but Israel did not invent that category in 1967.

The underlying system begins with the Ottoman Land Code of 1858, which established categories of land and rules involving government ownership, registration, possession and cultivation. The Ottomans created the system, the British Mandate retained and amended it, and Jordan continued administering and registering West Bank land under it. Israel inherited that legal structure after 1967 and subsequently administered and modified it through military orders.

Private Palestinian Property Was Excluded

Approximately 775 dunams — about 6.5% of E1 — consist of recognized private Palestinian parcels interspersed through the area.

Israel did not classify those parcels as state land, and they were excluded from the official E1 plans. Bimkom, an Israeli planning organization opposed to E1, notes the importance of continued agricultural cultivation to the status of some private parcels.

Critics argue that surrounding development could make access to some excluded private parcels more difficult. That is a legitimate issue, but does not suddenly turn building these apartments into theft of privately owned Palestinian land.

1.55% of E1

The scale of the current project is considerably smaller than the overall E1 map suggests.

On August 18, 2026, Israel issued Tender 186/2026 for E1 South, Plan 420/4/7: 1,234 apartments divided among seven construction complexes. Bids are due October 19, 2026.

The current development parcels therefore occupy about 22.7% of E1 South and only 1.55% of the entire E1 planning area.

A companion residential plan, 420/4/10, contemplates another 2,173 apartments. The current tender, however, is specifically for the 1,234 units in E1 South.

The Bedouin Question

There is a separate Bedouin issue. Jahalin Bedouin communities live and graze animals throughout the broader Ma’ale Adumim/E1 area, and B’Tselem and OCHA argue that development, roads, demolition orders and restrictions threaten their residence, grazing and movement. Israel has previously considered relocating Jahalin families, including a 2005 plan involving approximately 200 families that was never implemented.

Bedouins in E1 (photo: FirstOneThrough)

Who Owns It — and Who Can Live There?

The seven parcels are being marketed in the tender as government/state land. Developers receive development rights over government property. The precise ultimate leasehold or ownership structure for apartment purchasers depends on the final land agreements.

Tender 186/2026 is a regular public tender, not a direct allocation to a religious or ideological organization. Foreign-controlled developers may face additional governmental approval requirements, but there is no requirement that bidders be Jewish-owned.

Nor do the E1 planning and tender provisions identify a religious or ethnic restriction reserving the apartments for Jews. Israeli Arabs could purchase or develop these apartments.

A Palestinian Arab resident presents a more complicated property-law question because the West Bank retains layers of Jordanian law, including a 1953 Jordanian law restricting certain sales and long-term leases to foreigners. The ability of a Palestinian from Abu Dis or a Jahalin Bedouin to acquire and register the same long-term property interest as an Israeli citizen therefore depends on the applicable land and registration rules. That complication is because of old Jordanian law, not Israeli.

Three Questions, Not One

The E1 controversy really involves three different legal questions: whether privately owned Palestinian property is being taken; whether Israel properly classified government land under the inherited Ottoman-British-Jordanian system; and whether international law permits Israel to use even legitimately public land in Area C for Israeli civilian development.

The first concerns ownership. The second concerns land law. The third concerns the law of occupation and sovereignty.

They are not the same question.

What Does “Palestinian Land” Mean?

That brings the argument back to WAFA’s description of E1 as Israeli construction on “Palestinian land” via “land seizure.”

The phrase can mean property privately owned by a Palestinian, public land geographically located in the West Bank, or territory Palestinians want incorporated into a future Palestinian state.

Those are three very different things.

E1 can be challenged because of its impact on future negotiations, Israel’s interpretation of inherited land law, international law or nearby Bedouin communities. But none of those arguments turns government property into privately owned Palestinian land, an urban extension of Ma’ale Adumim into the destruction of a Palestinian village, or housing without a religious purchaser restriction into “Jewish-only” apartments.

And construction today does not determine where tomorrow’s negotiated border must run.

E1 is controversial enough on the facts. There is no reason to blur them.

The Economist’s Inverted Intifada

The Economist warned this week that “Israel is flirting with the next intifada,” arguing that violent Jewish settlers may push West Bank Arabs into another uprising.

It has the intifada backwards.

West Bank Arabs do not need West Bank Jews to introduce them to political violence. Palestinian Arab attacks against Jews in Judea and Samaria have been a persistent feature of the conflict for years, even when nobody attached the formal label “intifada” to them.

By 2021 and 2022, new armed groups were emerging in Jenin and Nablus, including the Jenin Brigades, Nablus Brigades and Lions’ Den. Their attacks spread beyond Judea and Samaria into Israeli cities, while the Lions’ Den became popular among Palestinian Arabs and the Palestinian Authority resisted demands to suppress it.

That was the environment in which I wrote The Settler Intifada on July 2, 2023, three months before the October 7 massacre.

The argument was that something new was happening among Jews in Judea and Samaria.

For years, Palestinian Arabs had murdered Jews while Jewish residents generally relied upon the Israeli government and military for protection. That slowly began to change. “Price tag” attacks appeared, followed by much larger retaliatory attacks after Jews were murdered.

In February 2023, after two Jewish brothers were shot and killed while driving, hundreds of Jews descended on Huwara and burned cars and buildings. In June, after four Jews were murdered at a restaurant and gas station, hundreds went into Turmus Ayya and again burned property.

I wrote then that Jews in Judea and Samaria had become “exasperated and are starting to engage in massive revenge attacks.” I warned that as Palestinian Arab attacks continued, Jewish violence could “morph from retaliatory in nature to constant.”

That was the idea of a settler intifada.

The word intifada has become so closely associated with Palestinian Arabs that journalists instinctively use it only for Arab violence against Jews. The Arabic word means an uprising. Palestinian Arabs do not own it only when they perpetrate it.

If a population believes its government cannot protect it, loses faith in existing institutions and begins taking matters into its own hands through recurring political violence, that can fairly be described as an intifada whether the people carrying it out are Arabs or Jews.

And the October 7 massacre made the situation even more toxic.

Jews in Judea and Samaria saw their government’s incompetence in allowing the massacre to take place. From 2021 to 2023 they had seen how West Bank Arabs attacked them with impunity, and now they saw Israeli Jews get hunted in their homes by thousands of Gazans.

Close to home, Arabs celebrated the slaughter of Jews. In the Palestinian Center for Policy and Survey Research’s December 2023 poll, 82% of West Bank respondents said Hamas was correct to launch the October 7 offensive. Support for Hamas surged after the attack, even more amongst West Bank Arabs than the Gazans who committed the crimes against humanity.

Jews in Judea and Samaria increasingly concluded that waiting for the Israeli government to stop Palestinian attacks was insufficient. Some began retaliating directly. Those attacks grew larger, more organized and less isolated.

But The Economist begins the movie in the middle. It sees Jewish violence today and warns that it may provoke a future Palestinian intifada. The more interesting story is that the Judea and Samara intifada is already underway.

Pro Israel Advocates Should Stop Using “Judea and Samaria”

In the narrative war in the Israeli-Arab conflict, pro-Israel advocates often use the term “Judea and Samaria” instead of the commonly used “West Bank” in an effort to show that Jews lived in the land far longer than Arabs, and that Arabs are actually occupying Jewish land. While the rationale has merit, the approach does not.

Judea and Samaria

The Children of Israel came back to Canaan in the 12th century BCE. The land was allotted to the twelve tribes, in a division that was mostly stable for about 300 years.

Jan Jansson’s holy land map, 1630, which shows the migration of the Israelites from Egypt to the holy land, and the location of the twelve tribes.

After the death of King Solomon in 931BCE, the Jewish people split their kingdom under two rulers, creating the southern kingdom of Judah and northern kingdom of Israel. Sometimes fighting together against external foes and sometimes fighting internally, the kingdom of Israel fell to the Assyrians between 734 and 712 BCE from the Assyrian campaigns of Tiglath-Pileser III, Shalmaneser V and Sargon II. Sargon II swapped the population of the Jews and his kingdom in Babylon as told in 2 Kings 17:

בִּשְׁנַ֨ת הַתְּשִׁעִ֜ית לְהוֹשֵׁ֗עַ לָכַ֤ד מֶֽלֶךְ־אַשּׁוּר֙ אֶת־שֹׁ֣מְר֔וֹן וַיֶּ֥גֶל אֶת־יִשְׂרָאֵ֖ל אַשּׁ֑וּרָה וַיֹּ֨שֶׁב אוֹתָ֜ם בַּחְלַ֧ח וּבְחָב֛וֹר נְהַ֥ר גּוֹזָ֖ן וְעָרֵ֥י מָדָֽי׃ {פ}
In the ninth year of Hoshea, the king of Assyria captured Samaria. He deported the Israelites to Assyria and settled them in Halah, at the [River] Habor, at the River Gozan, and in the towns of Media. (2 Kings 17:6)

וַיִּתְאַנַּ֨ף יְהֹוָ֤ה מְאֹד֙ בְּיִשְׂרָאֵ֔ל וַיְסִרֵ֖ם מֵעַ֣ל פָּנָ֑יו לֹ֣א נִשְׁאַ֔ר רַ֛ק שֵׁ֥בֶט יְהוּדָ֖ה לְבַדּֽוֹ׃ The LORD was incensed at Israel and He banished them from His presence; none was left but the tribe of Judah alone. (2 Kings 17:18)

וַיָּבֵ֣א מֶֽלֶךְ־אַשּׁ֡וּר מִבָּבֶ֡ל וּ֠מִכּ֠וּתָה וּמֵעַוָּ֤א וּמֵֽחֲמָת֙ וּסְפַרְוַ֔יִם וַיֹּ֙שֶׁב֙ בְּעָרֵ֣י שֹֽׁמְר֔וֹן תַּ֖חַת בְּנֵ֣י יִשְׂרָאֵ֑ל וַיִּֽרְשׁוּ֙ אֶת־שֹׁ֣מְר֔וֹן וַיֵּֽשְׁב֖וּ בְּעָרֶֽיהָ׃ The king of Assyria brought [people] from Babylon, Cuthah, Avva, Hamath, and Sepharvaim, and he settled them in the towns of Samaria in place of the Israelites; they took possession of Samaria and dwelt in its towns. (2 Kings 17:24)

Those new Assyrians who were settled in Samaria were told to follow Jewish religious customs, but they did not:

עַ֣ד הַיּ֤וֹם הַזֶּה֙ הֵ֣ם עֹשִׂ֔ים כַּמִּשְׁפָּטִ֖ים הָרִֽאשֹׁנִ֑ים אֵינָ֤ם יְרֵאִים֙ אֶת־יְהֹוָ֔ה וְאֵינָ֣ם עֹשִׂ֗ים כְּחֻקֹּתָם֙ וּכְמִשְׁפָּטָ֔ם וְכַתּוֹרָ֣ה וְכַמִּצְוָ֗ה אֲשֶׁ֨ר צִוָּ֤ה יְהֹוָה֙ אֶת־בְּנֵ֣י יַעֲקֹ֔ב אֲשֶׁר־שָׂ֥ם שְׁמ֖וֹ יִשְׂרָאֵֽל׃ To this day, they follow their former practices. They do not worship the LORD [properly]. They do not follow the laws and practices, the Teaching and Instruction that the LORD enjoined upon the descendants of Jacob—who was given the name Israel— (2 Kings 17:34)

There are many papers written by historians and archaeologists about Samaria during this time period, as there are written documents such as the Annals of Sargon II and prisms which reflect these battles, as well as a shift in types of pottery found with the population migration.

Map of holy land after Israel exiled by Assyrians, from The Carta Bible Atlas

Judea refers to the province of the tribe of Judah which held Jerusalem and the area to the south. King Cyrus of Persia allowed the Jews to return to Jerusalem to rebuild the Temple in 538BCE, after Nebuchadnezzer destroyed the Temple in 586BCE.

The term “Jews” arose because they were the people of Judea. As noted above, Samaria was part of the region but inhabited by non-Jews who did not follow Jewish rituals.

The Christian Bible also referred repeatedly about the Jew Jesus from Judea (Matthew 19:1; 3:1Luke 1:54:447:1723:5John 4:311:7Mark 10:1; Acts 10:3711:12926:20).

Creation of the “West Bank”

The United Nations General Assembly voted to partition the holy land into a Jewish State and an Arab State in November 1947, but the Arab countries uniformly rejected the effort. Five Arab armies invaded Israel when it declared itself a new state in May 1948, and by the end of the war in 1949, Israel secured more land than conceived under the partition plan.

While the borders were not considered official under the 1949 Israel-Jordan Armistice Agreement, (“The Armistice Demarcation Lines… are agreed upon by the Parties without prejudice to future territorial settlement or boundary lines”), the Kingdom of Transjordan opted to unilaterally – and illegally – annex the region it had seized in an offensive war.

United Nations map showing the contours of the various Armistice Lines Israel signed with its neighbors to halt the fighting.

When Transjordan annexed the area on April 24, 1950, only the United Kingdom, Iraq and Pakistan recognized its actions while the rest of the world rejected it. After that time, during the years 1950 through 1958, the United Nations used various terms for that area which were tied to either Jordan or the Jordan River:

  • “west bank of the river in Arab Palestine” (1951)
  • “the area west of the Jordan River” (1952)
  • “West Jordan” (19501951195219541955195619571958)
  • “the western bank” (1952)
  • “Western Jordan” (19511952)
  • “that part of Jordan west of the Jordan River” (1956)
  • “west bank of the Jordan” (1957)

Then, in 1959, the United Nations seemed to embrace the de facto Jordanian annexation, referring to the area simply as “Jordan,” no different than the eastern part of the kingdom. To the extent that the U.N. wanted to specifically call out that area it used wordy terms:

  • “Jordan side of the armistice demarcation line”
  • “frontier villagers in Jordan”

That changed after Jordan illegally attacked Israel in June 1967 and lost the region. By the end of that month, the United Nations quickly moved to shorthand (A/6713) by the third mention:

  • “the West Bank of the Jordan”
  • “West Bank area of the Jordan”
  • “West Bank”

This shortened version for that area east of the 1949 Armistice Line has stuck at the U.N. and media parlance since that time.

Judea and Samaria Versus the “West Bank”

As reviewed above, Judea and Samaria and the West Bank are not the same. Judea and Samaria are historical names to much of the land, while the “West Bank” is a smaller, modern day creation due to an illegal act of war waged by Arab states upon Israel.

When people refer to the West Bank, they are only reviewing that part of the land that has been subject to negotiation between Israel and the Palestinian Authority, as laid out in the Oslo Accords, signed by both parties. They are not considering the broader reach of all of Judea and Samaria, which includes land west of the 1949 Armistice Lines inside of Israel.

If one does not like to give the term “West Bank” – an area that existed for only 18 years from 1949 to 1967 and named only upon its extinguishment – any legitimacy, then perhaps a better term would be “east of the Armistice Lines (EAL)”, to highlight that the contour of such region was created as a temporary measure to halt hostilities, was never intended to be a border, and has no historic significance.

Related articles:

When You Understand Israel’s May 1948 Borders, You Understand There is No “Occupation”

The Legal Israeli Settlements

Considering Carter’s 1978 Letter Claiming Settlements Are Illegal

The 1967 War Created Both the “West Bank” and the Notion of a Palestinian State

Related First One Through video:

The Green Line (music by The Kinks)

Judea and Samaria (music by Foo Fighters)

From The River To The Sea, Jews Will Be Free…

One day, Jews will be able to live in peace

  • to have a beer,
  • eat some pizza,
  • drive a car,
  • ride a bus,
  • pray in synagogue,
  • sleep in in bed

Jewish children will freely live their lives

  • to ride a school bus,
  • play in a playground,
  • attend school,
  • take a nature hike,
  • relax in their bedrooms,
  • ride in a car with their fathers

All Jews will be free to live anywhere and everywhere

  • not barred entry to their homeland,
  • not ethically cleansed from their land,
  • not denied citizenship,
  • not have their holy places destroyed,
  • allowed to pray openly at their holy sites,
  • Not to told that their basic physical presence is illegal

Related articles:

For The New York Times, “From the River to the Sea” Is The Chant of Jewish and Christian Zealots

The Long History of Dictating Where Jews Can Live Continues

Nicholas Kristof’s “Arab Land”

“Land Belonging to Palestinians Before the 1967 War”

Considering Israel’s Model for Arabs Applied to Jews in a Palestinian State

Will the UN Demand a Halt to Arabs Moving to Jerusalem?

Paying to Murder Jews: From Iraq, Saudi Arabia and Iran to the Palestinian Authority

New York Times’ Tales of Israeli Messianic War-Mongering

Summary:  One year after acknowledging that Palestinians were to blame for the failed Israeli-Palestinian Authority peace process, left-wing NY Times contributor Roger Cohen cast Israelis as fanatical nationalists and Palestinians as passive, despondent victims. The Times’ cure for Jews’ violent adherence to their religious texts is punishing settlers with BDS, while the paper distanced Muslims from their religion and called for greater compassion towards these innocents.

 

Just in time for Christmas, Roger Cohen decided to write about the Israeli-Palestinian Arab conflict. Again.

In an article called “The Assassination in Israel that Worked,” Cohen portrayed an Israeli society overrun with religious fanatical murderers. He described the killer of Israeli Prime Minister Yitzhak Rabin, Yigal Amir, as “a religious-nationalist follower of Baruch Goldstein, the American-born killer of 29 Palestinian worshipers in Hebron in 1994.” He wrote about Jews living east of the Green Line (EGL) as obsessed with “Messianic Zionism,” at odds with the concept of democracy. Because Palestinians are desperate for their own state, Jews living in EGL make “violence inevitable” according to Cohen. He argued that the UN’s creation of Israel “was territorial compromise, as envisaged in Resolution 181 of 1947, calling for two states, one Jewish and one Arab, in the Holy Land. This was humankind’s decision, not God’s.” In short, according to Cohen, the vast Messianic cult of violence in Israel seeks all of the Holy Land, but the rights of Jews are limited to just half of the land as dictated by man’s laws.

Lastly, Cohen argued, the only way to push back against the right-wing Israelis and their government was to employ different angles of the BDS movement (Boycott, Divestment and Sanctions) in which Obama should “close American loopholes that benefit Israeli settlers.”

Here is a bit of education for Roger Cohen (maybe the byline was wrong and this was written by Roger Waters of Pink Floyd, the loud advocate of BDS?):

A smaller percentage of Jewish “settlers” are murderers, than are terrorists which are Muslim.  The Cohen opinion piece would lead a person to believe that every Jewish “settler” takes up arms against Arabs, while the reality is that almost every Jew living in the land seeks to live in peace with their Arab neighbors. Baruch Goldstein was an anomaly, not the rule.

Why would the Times print such an inflammatory piece against Jews when it is in the midst of a blitz about the dangers of “Islamophobia”?  The Times wrote over-and-again that most Muslims are peaceful and that Muslim terrorist abuse the interpretation of Islamic holy texts.  Yet the Times was eager to describe Jewish killers as motivated by the plain reading of the Jewish holy texts, and suggested that any Jew living in Judea and Samaria is either a potential killer, or instigates Palestinian violence.

It is untrue, unfair and reeks of hypocrisy to portray Jews in such a manner.  There are almost no Jews in Judea and Samaria that committed murders, but the Times labelled all “settlers” as devout killers.  Meanwhile, the global jihadist movement enlisted thousands and slaughtered thousands, and the Times rallied to the defense of Muslims.

IMG_3677IMG_3674
“Islamophobia” Op-Eds from Paul Krugman on December 11, 2015, and
Nicholas Kristof on December 13, 2015

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Front Page of NY Times Sunday Review on “Islamophobia”
on December 13, 2015

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Front Page New York Times story on December 15, 2015 about
Young Muslims suffering from “Islamophobia”

Jews are entitled to live in EGL/ Judea and Samaria according to international law. The 1922 Mandate of Palestine by the League of Nations clearly and specifically encouraged Jews to live throughout the Holy Land, including areas now known as the “West Bank.” The Mandate included language that specified that no one should be prevented from living anywhere because of their religion.

“Messianic Zionism” may be a driving force motivating some Jewish families to move to the region, just as they might move to Haifa or Be’er Sheva. Some people are motivated by Zionism without a Messianic component, while others go for good jobs in the only liberal democracy in the Middle East.  The motivation for living there is irrelevant; the right of Jews to live anywhere in the Holy Land was established in international law.

“Violence is inevitable” because Arab don’t want Jews as neighbors, not because Arabs want a state.  Arabs have been killing Jews in the Holy Land for 100 years.  In several episodes in the 1920s, including the brutal Hebron massacre in 1929, Arabs called for ridding the land of Jews.  On the eve of the Holocaust, they launched multi-year riots (1936-9) slaughtering dozens of Palestinian Jews and convinced the British to limit Jewish immigration, causing the death of hundreds of thousands of European Jews.

Whites in the 1950s also did not want to live with black neighbors. Racism and anti-Semitism are to be condemned, not rationalized.  Shame on the New York Times for defending Arab attacks on Jews.

The establishment of Israel as a Jewish State has been rejected by the Arabs for 100 years, and counting.  Cohen pointed to the United Nations Partition Plan which called for creating a Jewish State in 1947.  He failed to say that the Arabs REJECTED that plan.  They opted to launch a war against Israel instead.

Israel has continued to seek peace with its neighboring Arab countries: Jews approved the partition plan in 1947; the country uprooted Jews living in Sinai in 1982; it handed various cities to the Palestinian Authority in 1995; it uprooted Jews from Gaza in 2005. Israel made various peace offers to the Palestinians, including in 2000 and 2008. The Palestinians reacted to each offer with wars, and continue to reject Israel as the Jewish State to this day.

Conclusion

One year ago, Cohen wrote Why Israeli-Palestinian Peace Failed. “ In the article, he acknowledged various Israeli peace efforts including settlement freezes and prisoner releases.  In exchange for the Israeli gestures, the Palestinian Authority created a reconciliation government with the terrorist group Hamas, and joined international bodies counter to the agreed upon peace framework.  The peace talks collapsed.

Cohen has now concluded that while the Palestinians suffer from ineptitude and corruption, at the end of the day, their cause is just.  The Palestinians are not only despondent, but desperate for an external force to advance their vision of a state.  Cohen believes that Obama should begin to advance various iterations of BDS on Jews living east of the Green Line to assure the Palestinians goal of a Jew-free state (Obama has indicated in the past that he approves of a Judenfrei Palestine). Cohen had no suggestions – or concerns – of how to make Palestinians approve of the Jewish State living in security.

The radical left-wing call for BDS of the Israeli territories is easier to make when one ignores the 99% of peaceful families living in Judea and Samaria.  So Cohen, and other Israel-bashers paint all of these Jews as “Messianic Zionists” who are out of touch with reality.  They are either murderers of Arabs like Baruch Goldstein, or of the peace process with Arabs like Yigal Amir.

Cohen fails two of Natan Sharansky “Three Ds” test for anti-Semitism: demonization and double standards.  To rephrase the great ballad-rocker Meatloaf, Two of the Three IS Bad.

When will the Times and the left-wing fringe look at the Jewish families with an iota of the compassion they shower upon peaceful Muslims?


Related First.One.Through articles:

Palestinians are “Desperate” for…

Nicholas Kristof’s “Arab Land”

Framing the Israeli-Palestinian Arab Conflict: WSJ and NY Times

Names and Narrative: The West Bank / Judea and Samaria

Israel was never a British Colony; Judea and Samaria are not Israeli Colonies

Every Picture Tells A Story: Only Palestinians are Victims

The Narrative that Prevents Peace in the Arab-Israeli Conflict

Israel and Wars

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The New York Times on the History of Gush Etzion

The New York Times actually tried to give its readers some history of Gush Etzion for a change. Unfortunately, it still missed the critical points.
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New York Times article from December 15, 2015
In an article entitled “West Bank Shopping Center, a Symbol of Coexistence, is Shaken by Violence,” the Times gave more detailed history than typical when it provided background on the Gush Etzion “settlements” in Judea and Samaria/ West Bank of the Jordan River.  While the paper would typically state that “the world considers all settlements seized by Israel in 1967 as illegal,” it opted to give more historical context on December 15th.  It wrote:
“Gush Etzion, or the Etzion block, a cluster of more than a dozen Jewish settlements, lies south of Jerusalem, in the Bethlehem area. It is often described as part of the Israeli “national consensus,” a chunk of West Bank land seized from Jordan in the Arab-Israeli War of 1967 that many Jewish Israelis assume will always be part of Israel, and it holds a special status in the country’s psyche, associated with tragedy and triumph.

The first Jewish settlers arrived in the 1920s. Four communities were established by the 1940s but they were destroyed in the war of 1948 over the creation of Israel. Jordanian forces killed scores of Jews who tried to defend the area and took scores more captive.

After Israel captured the West Bank in the 1967 war, a group of Israelis, including some descendants of those who had fought to defend it in 1948, reestablished Jewish settlements there.

The Palestinians and much of the world consider all settlements in the territories seized in 1967 as illegal and an obstacle to establishing a Palestinian state. While most peace plans envisage exchanges of land that could leave at least part of Gush Etzion under Israeli sovereignty, Israelis and Palestinians have never agreed on the size of the block.”

The Times opted to repeat its often used language – twice – but it did give much more history than it normally does.  However, while it described Jews moving to area in the 1920s, and some of the new residents as descendants of those original settlers, the reader was still left with the wrong impression that Jews are living there illegally.
Key points that were omitted from the article:
  • The 1922 League of Nations Mandate specifically gave Jews the right to live and establish themselves THROUGHOUT the Holy Land. This was a matter of international law and the Jews availed themselves of this legal right.  In 1922, there was no concept of a “West Bank.”  It was all just “Palestine” and Jews legally purchased land and built homes in Gush Etzion.  As stated in Article 6, the Mandate “shall facilitate Jewish immigration under suitable conditions and shall encourage, in co-operation with the Jewish agency referred to in Article 4, close settlement by Jews on the land, including State lands and waste lands not required for public purposes.”  Further, Article 15 of the Mandate specifically stated that no part of Palestine should be off-limits to people based on their religion: “No discrimination of any kind shall be made between the inhabitants of Palestine on the ground of race, religion or language. No person shall be excluded from Palestine on the sole ground of his religious belief.”
  • When Jordan illegally attacked Israel in 1949 and killed the Jews in Gush Etzion, it did not undermine the legal rights Jews had for living in their homes.
  • Jordan’s illegal expulsion of all of the Jews from the region in 1949 counter to the fourth Geneva Convention was not mentioned by the Times.
  • The fact that Jordan illegally annexed the region in 1950 in an action that was never recognized by any country was also omitted.
  • Jordan (and Palestinians who had been granted Jordanian citizenship) attacked Israel in 1967, counter the Israel-Jordan Armistice agreement, and Israel was legally justified in responding in self-defense.
  • Jordan gave up all claim to the region in 1988.
It was nice to see the Times take steps to educate readers a bit more about Gush Etzion.  However, the details provided still left a reader with the impression that Jews live in Gush Etzion illegally, and it is only a matter of “national consensus” that leads Israelis to believe that the bloc will be formally part of Israel.  The many illegal activities of Jordan also continue to be ignored.
Perhaps the full facts disturb the Times’ narrative too profoundly to detail.

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Today’s Inverted Chanukah: The Holiday of Rights in Jerusalem and Judea and Samaria

In the year 164BCE, the Jews in the land of Israel successfully evicted the Selucid Greeks from Jerusalem and rededicated the Jewish Temple which had been defiled. Roughly 2200 years later, history has been inverted.

The Selucid Greeks Come to the Holy Land

The Selucid Greeks (from Syria) and the Egyptians were the major powers in the Middle East 2200 years ago. Israel acted as a buffer region between the two powers, and often fell under the authority of one or the other.

The Selucid King Antiochus III (241BCE-187BCE) expanded his kingdom into Asia and took control of Israel from the Egyptians. Generally, he treated the Jews well and they continued their autonomy and Temple worship in Jerusalem.  When he died, his son Antiochus IV became king, who sought to unify the various parts of the expanded Selucid kingdom via a common religion and culture. He removed the Jewish High Priest Yochanan from the Temple in Jerusalem and installed Yochanan’s brother Jason who was willing to permit more Hellenistic and pagan worship. Jason was later replaced by Menalus who promised even more pagan rituals.

Before long, Antiochus IV came to the holy land and began to ban important parts of Judaism such as circumcision and observing the Sabbath. He enforced his vision via the sword.

As the Selucid Greeks rampaged through Israel, they descended on an important city in the heart of Judea, 19km northwest of Jerusalem.

The Priestly City of Modi’in

Modi’in had grown into a large city full of priests to help manage Temple worship in Jerusalem. As thousands of Jews from northern Israel went to Jerusalem for sacrifices, the city was often overwhelmed both in terms of places for pilgrims to stay and in processing animals and offerings. Modi’in became the main city for Jews of northern Israel to stop into before continuing to the Temple in Jerusalem.  The priests in Modi’in acted as partners to Jerusalem’s priests in managing an orderly Temple service.

The priests of Modi’in were already alarmed by the defilement of the Temple when Antiochus came to their city to install pagan altars. The priests, led by Mattityahu, rebelled against Antiochus and over the next years, turned back the Selucid’s evil decrees and rededicated the Jewish Temple in Jerusalem. The holiday of Chanukah is a celebration of the re-establishment of Jewish autonomy throughout the holy land and purification of the holy Jewish Temple.

The Inverted Chanukah Today

The modern city of Modi’in was established in 1993 as a central hub halfway between the major Israeli urban centers of Tel Aviv and Jerusalem. As the city grew to nearly 100,000 people, it incorporated the neighboring villages of Maccabim (named after the Maccabees who fought the Selucid Greeks) and Re’ut. Nearby towns also carry the names of the Jewish heroes of 2200 years ago, such as Chashmona’im, named after the Hasmonean Dynasty.

In August 2012, the European Union declared that Modi’in was not part of the Jewish State.  The EU followed that ruling in November 2015, when it began to label any products from the city and the rest of Judea and Samaria as distinct from Israel.

While the EU was declaring that the heart of Judea and Samaria were not part of Israel, the Palestinian Arabs were complaining that Jews were defiling their holy places on the Temple Mount.

In September 2015, acting-President of the Palestinian Authority Mahmoud Abbas called for Arabs to rebel against Jews who were defiling Jerusalem: “We bless you, we bless the Murabitin (those carrying out Ribat, religious conflict/war to protect land claimed to be Islamic), we bless every drop of blood that has been spilled for Jerusalem, which is clean and pure blood, blood spilled for Allah, Allah willing. Every Martyr (Shahid) will reach Paradise, and everyone wounded will be rewarded by Allah. The Al-Aqsa [Mosque] is ours, the Church of the Holy Sepulchre is ours, and they have no right to defile them with their filthy feet. We will not allow them to, and we will do everything in our power to protect Jerusalem.”

Arabs took the streets with knives stabbing Jews throughout the holy land.  The United Nations, the United States and the EU did not condemn Abbas’s calls of incitement.  Instead, they spoke about the “legitimate grievances” of Muslims and Arabs.  In response, Israeli Prime Minister Benjamin Netanyahu decided to limit access for Jews to the Temple Mount.

 

This Chanukah, the world bears witness to evil in the Middle East once again, as Palestinian Arabs stab Israeli civilians and the Islamic State beheads infidels.  The desire to establish a homogeneous religion and culture still simmers in the Arab world.

But some history is now inverted:

  • Modi’in, the large ancient city where the Jewish revolt was launched, which now houses nearly 100,000 Jews, is now not considered part of the Jewish State by the global community.
  • The Jews complained and fought to remove pagan practices from their Temple long ago, and now Muslims seek to remove Jews from the Temple Mount (even though the Jews have done nothing to block Muslim worship).

On the first Chanukah 2200 years ago, Jews purged the pagan presence from Judea and Jerusalem.  Today, the world works to purge those cities of Jews.

This year, Jews should not just celebrate the holiday of lights, but commemorate the holiday of rights.  The meaning of the holiday is about Jewish autonomy and rights of worship from Judea to Jerusalem.  Put your menorah in the window and your voice on the web.

Moddin menora
Chanukah in Modi’in 2015
(photo: Elliot Bache)


Related First.One.Through articles

The UN’s Disinterest in Jewish Rights at Jewish Holy Places

Visitor Rights on the Temple Mount

The Journeys of Abraham and Ownership of the Holy Land

The United Nations and Holy Sites in the Holy Land

Losing the Temples, Knowledge and Caring

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The Long History of Dictating Where Jews Can Live Continues

The world has a long established track record of telling Jews where they can and cannot live. It is a phenomenon that uniquely relates to Jews which continues to this day in the holy land.

Pluralistic World, Narrowly Defined

The “Western World” likes to think of itself as modern and “progressive.” Its leaders believe they have largely overcome rampant bigotry in their societies. For example, western leaders would never suggest that black people be only allowed to live in certain cities, or declare that gays be confined to ghettos. Even during this wave of radical Islamic terrorism, no leader would ever say that all Muslims should be expelled from the country. Modern civilized society would never tolerate such positions.

The “Western” pluralistic approach is not confined to opinions within its own borders. Wherever there is ethnic strife, western officials promote parties getting along.  In northern Cyprus, Christians and Muslims are urged to reconcile.  In Myanmar, the US calls for Muslims and Buddhists to try to live together in peace.

However, the attitudes change when it comes to Jews in the Middle East. Pluralism is passé east of the Green Line.

Jews are Treated Differently

Today, it has become all too common for Europeans to protest in the streets chanting “Free Palestine” in calls for the destruction of the Jewish State of Israel. University professors give legitimacy to Hamas, a terrorist group, which openly calls for killing Jews and destroying Israel. The leaders of the European Union call for Jews to be expelled from Judea and Samaria. And the President of the United States, Barack Obama, condemned Jews living in apartments they legally purchased in eastern Jerusalem.

While pluralism is an embraced ideal, the open tent does not cover Israel.  The western world that prides itself on fraternity, believes that Jews should be banned from living in predominantly Arab neighborhoods.  The modern culture that seeks a global community, wants to deny Jews the right to live in their homes. The progressive left which advocates for human rights, condemns Jews rather than Palestinian Arabs who fight for a Jew-free state.

Ideally, everyone should be able live anywhere.  Except for Jews who should be banned from living east of the invisible Green Line.

It should not surprise people that the Jewish State is treated differently. These same “progressive” countries have a long history of forcing Jews into ghettos and expelling them from their homes.  Dictating where Jews are allowed to live is second nature. It’s the Jewish “Pen Policy.”

Here is a list of the Pen Policy in action, after the Crusades. This list ignores the brutal slaughter of millions of Jews over that time.  There is no comparable treatment of any other ethnic or religious minority.

History of Expelling Jews

Many governments expelled all of their Jewish inhabitants, both on the local city level and on the national level.

Austria: Jews expelled from Vienna in 1670.

Brazil: Jews expelled from Recife in 1654.

Czech Republic: Jews expelled from Prague in 1745.

England: Expelled all of the Jews in 1290. Jews could not live in England for another 360 years.

Egypt: Jews expelled in 1956.
Israel removes Jews from Sinai in peace deal with Egypt in 1982.

France: 100,000 Jews expelled in 1306 and then again in 1322.
Charles VI expelled the Jews in 1394.
In 1420, the Jews were expelled from Lyons.

Germany: Jews expelled from Brandenburg in 1510.
In 1593, Jews expelled from Bavaria.
In 1614, Jews expelled from Frankfurt.

Hungary: Marie Theresa (still an all-time favorite leader among Hungarians) expelled all Jews from Hungary and Bohemia in 1744.

Italy: Jews expelled from Southern Italy in 1288.
In 1491, Jews expelled from Ravenna.
In 1492, Jews expelled from Sicily and Sardinia.
In 1494, Jews expelled from Florence and Tuscany.
In 1510, Jews expelled from southern Rome.
In 1541, last Jews evicted from Naples.
In 1550, Jews expelled from Genoa.
In 1558, Jews expelled from Recanati.
In 1569, all Jews forced out of Papal states by decree of Pope Pius V.
In 1571, Venice decides to evict all remaining Jews, but does not carry it out.
In 1593, Pope Clement VIII evicts Jews from all papal states, except Rome.
In 1597, almost all of the Jews of Milan are expelled.

Lithuania: Jews expelled in 1495.

Martinique: King Louis XIV ordered all Jews expelled from French colonies in the New World in 1683.

Netherlands: Jews banned from Utrecht in 1444.

Palestinian Authority: After massacre of 69 Jews by local Arabs, British forces remove remaining Jewish community of Hebron in 1929.
In 1949, after attacking Israel when it declared independence, Jordanians expel all Jews from Judea and Samaria and the eastern half of Jerusalem which they illegally annex.
In 2005, Israel removes all Jews from Gaza Strip.

Poland: Jews expelled from Warsaw in 1483.

Portugal: Some Jews expelled in 1483.
In 1497, choice of conversion or expulsion of all Jews.

Spain: Jews expelled from Seville in 1483.
All 200,000 Jews expelled from country in 1492.

Switzerland: Jews expelled from Basel in 1349.

Tunisia: Jews expelled or massacred in 1535.

Ghettos

Some governments did not expel their Jews, but forced them to live in concentrated areas. Street signs can still be found in European cities named “Street of the Jews.”

Austria: Vienna’s Leopoldstadt goes back hundreds of years.

Czech Republic: Prague has one of the most famous Jewish Quarters, which was created as a restrictive ghetto.

Italy: Venice instituted the first ghetto by papal decree in Europe in 1516.  Others were developed in Ferrara (1624) and Rome (1555).

Germany: Created over 1000 in Germany and Poland during World War II, including the infamous Warsaw Ghetto.

Russia: Jews were confined to the “Pale of Settlements” in 1791.  Jews were forbidden to live in 75% of Russia.

DSC_0121
“Jew Street” in Obernai, France
(photo: FirstOneThrough)

The world has grown very comfortable dictating where Jews may live. It is well past time for Europeans to condemn the racist Jew-free attitudes of Jordanians (1949-1967) and Palestinian Arabs today, and adopt a pluralistic and welcoming approach towards Jews in Judea and Samaria.

In November 2015, in a speech about attitudes towards Muslims, US President Barack Obama said, “we don’t have religious tests for our compassion… We don’t discriminate against people because of their faith.” If only he and others held such feelings about Jews as well.


Related First.One.Through articles and videos:

Names and Narrative: The West Bank / Judea and Samaria

Names and Narrative: Palestinian Territories/ Israeli Territories

Video: Judea and Samaria (Foo Fighters)

Video: The “1967 Borders” (The Kinks)

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