Vayigash’s Ten Commandments’ Moment: The Real Estate Polemic?

But the land shall not be sold permanently, because the land is mine,

because you are aliens and visitors with me!

Leviticus 25:23

While Real Property is not directly addressed within the Ten Commandments, theologically, it is. A Ten Commandments’ real estate reference leads us to a socio-economic controversy that remains relevant in present day society.

The Torah Portion Vayigash is the driver in this essay. It tells of the rich getting richer and the poor getting dispossessed. Regional catastrophes, i.e. famines, can devastate an economy. The memories of what occurred in Vayigash may have inspired the Post-Exodus law.

Given the realities of whether conditions and the hazards of farming, does the Israelite Real Estate solution make any sense?

Before exploring this issue, however, for those non-lawyers, Real Property means land. Personal Property is the legal term for objects.

The Decalogue will be first point of inquiry.

The Land Based Commandment

Only one Decalogue commandment specifically addresses Real Property. The one to honor one’s parents.

The Commandment “Honoring One’s Parents” comes with a Promised Land property assurance: a reason [for honoring one’s parent] being so “…that your days will be extended on the land the Lord, your God, is giving you.” Exodus 20:12.

Given Israelite inheritance laws, this commandment resonates. Children’s enjoyment of the family property could be impaired should the parents transfer the property to others. The it was child’s interest to insure that their parents were successful and prosperous. Otherwise, the land could be leased out and be subject to Jubilee law. A topic which will be discussed below.

Real Property

The innovative Israelite Real Property law introduced the Jubilee concept. The law’s promulgation occurred Post-Exodus and was reported in Leviticus.

The Jubilee- a year in which real estate was returned to the original owner- was the mechanism preserving tribal/family ownership. Every fifty years, land reverted back to the original owner.

[Note: Land right’s importance is revealed in scripture. Chapter 4 in The Book of Ruth extensively deals with Israelite Real Estate Law. It addressed issues of acquisition, retention and inheritance.

In the First Book of Kings, a heavy rebuke was made when the Monarchy surreptitiously seized private property. The Prophet Elijah is told to confront King Ahab concerning his acquisition of a citizen’s vineyard. The Prophet was instructed by God: “Say to him [the King], ‘This is what the Lord says: Have you not murdered a man and seized his property?’” 1 Kings 21:19]

Give this framework, children risk being temporarily dispossessed from their inheritable land should their parents financially struggle. It is possible that a child’s parents could lease the property up to 49 years. Such action could literally deprive one generation from enjoyment of the family’s real estate.

Where did this concept come from? Did this Post-Exodus innovation arise out of the events that occurred in the Pre-Exodus Torah Portion Vayigash?

Vayigash

Vayigash tells a dystopian real estate tale which resulted in massive societal and economic change.

As the details are laid out, the Vayigash tale’s connection to the Jubilee is uncanny.

Was this connection intended? What was the purpose? These questions will be explored.

The Pharaoh as a Real Estate Baron

Vayigash is a classic tale of the haves taking advantage of the have-nots. Essentially, the regional famine’s persistence destroyed the Egyptian way of life.

Normal Egyptian residents essentially gave up everything to save themselves from starvation. With that, the Pharaoh amassed tremendous wealth and power.

The Collapse

Vayigash’s passage of interest occurs after Joseph’s family relocated to Egypt.

As the famine continued, Joseph-the Pharaoh’s administrator- continued selling grain.

After all of the silver in both Egypt and Canaan had been collected from sales, the populace’s demand for food remained. Genesis 47:13-15

Joseph then exchanged the bread for livestock. Genesis 47:16-18. After all the livestock was exchanged, the people then traded their land for bread.

After the people essentially had no possessions, they then agreed to become Pharaoh’s servants. Genesis 47:19-21. In the end, the Pharaoh owned all of the land and all the people. Genesis 47:20.

In sum, Joseph essentially turned a significant part of the Egyptian population into serfs. One-fifth of the harvest was to go to the Pharaoh. The Egyptian residents were allowed to keep the balance for themselves. Genesis 47:26.

Not everybody lost their land, however. The Egyptian priests escaped the catastrophe. Vayigash reports that the Pharaoh did not buy the priests’ land as they were protected by law. Beyond that, the priests had no starvation concerns as they received a statutory share of grain from the Pharaoh. “On account of this, they did not sell their land.” Genesis 47:22

In sum, Vayigash illustrates the vulnerability of humanity within a purely capitalistic society. Only the priests, possessing protective laws and benefits, were able to survive during an extended period of economic crisis.

Did the Israelites appreciate this when the Torah enacted Real Property Laws which included the Jubilee?

The Israelite Jubilee

Pursuant to the Torah, God essentially owned the Israelite Promised Land. See Leviticus 25:23

To address Promised Land Real Estate, the Jubilee year was established. See Leviticus 25.

A proclamation was recorded: “And you shall consecrate the year that makes fifty years and proclaim liberty in the land, to all its inhabitants. It shall be a jubilee for you. And you shall go back, each to his possession; and you shall go back, each to his family.” Leviticus 25:10

[Note: the italicized portion is famously inscribed on the United States’ Liberty Bell.]

It was ordered that “[i]n this jubilee year you shall go back, each to his possession.” Leviticus 25:13

In sum, all property remained in families’ possession. Essentially, it could be leased out. Every designated fifty years however, it would revert back to the original owners.

What Was The Jubilee’s Goal and Intent?

When taking the Vayigash tale into account, the Jubilee’s intent may have been to provide a social safety net.

Historically, there were many reasons that could have inspired this solution. Extended famines, and other matters, impacted landowners’ ability to both produce food and earn a livelihood on a consistent basis. Prolonged periods of unfavorable or unforeseeable circumstances inevitably would lead to the dispossession of the land. Thus, the Jubilee operates to prevent the family/tribe’s permanent land loss.

The Torah Portion Behar with the Jubilee laws also emphasized the nature of the society. Behar also expresses the Divine intent as to Israelite society. It states “…you shall not persecute-each of you-his brother…” Leviticus 25:17.

Within Leviticus‘ ambitious social safety net legislation, Israelite society’s haves were instructed to assist the have nots.

It is excellently expressed in the following passage: “And when your brother will be low so that his hand is slipping with you, then you shall take hold of him- an alien and a visitor- and he shall live with you.” Leviticus 25:35.

Commentator Richard Elliott Friedman noted on the Israelite Law. “This appears to be an economic program designed to prevent the feudal system, common in the rest of the ancient Near East, from developing in Israel. That is, it functions to prevent the establishment of a class of wealthy landowners at the top of the economic scale and a mass of landless peasants at the bottom.” See Commentary on the Torah, Pages 402-403

Thus, when compared to the happenings Vayigash, it was the wealthy were charged to provide the safety net. As such, the Decalogue’s reference of the Lord’s bringing the Children of Israel out of Egypt also signified an end to feudalism. Capitalism, which included a social safety net, prevailed. A nation would not be owned by a Monarchy.

The Levitical Class Exception

The Israelite Priestly class, the Levites- all the tribe of Levi, were not allowed a portion and legacy with Israel. Deuteronomy 18:1. In essence, they, unlike other tribes, did not have land ownership rights.

They did, however, have a special benefit. They shared in the Lord’s offerings. Deuteronomy 18:2. Thus, the Levites ate from the populace’s sacrifices. Some sacrifices produced food for consumption. See Leviticus Chapters 6-7.

As such, the Levite Tribe’s source of food came from the populace. This arrangement was in accordance with their service. “Because the Lord, your God, has chosen him from all your tribes to stand to serve in the Lord’s name, he and his sons, for all time.” Deuteronomy 18:5. Also See Numbers 18: 20-24.

Vayigash and the Jubilee’s Connections

The contrasts between Yayigash and Leviticus‘ Jubilee laws are remarkable.

In Vayigash, it was reported that the Egyptian Priests not only held land, they also received food from the Pharaoh. In contrast, with Israelite Law, the Levite Priests did not hold land and were essentially provided food via the populace.

In Vayigash, it was the Pharaoh who ultimately owned the land. In Israel, it was God who held the land. It was through this divine ownership, however, that mortal ownership via the tribes was fashioned. This included permanent inheritance rights via the Jubilee.

Modern Thought

A recent example similar to Joseph’s famine was the COVID-19, pandemic. The prolonged limitations on activities affected many people. People’s jobs, homes, business and livelihoods were impacted.

It begs the questions as to how societies acted? How has the world changed? What happened to people vulnerable during a period of economic shutdown?

Conclusion

The Torah Portion Vayigash recounts how a prolonged famine caused an Egyptian economic realignment. As a result, many people were dispossessed of their real estate which gave rise to a feudal society.

The end result was that the Pharaoh essentially owned the country and maintained a serfdom class. The Egyptian priests, however, escaped both the starvation and loss of land due to protective laws.

The Israelite Jubilee laws, and Torah-related Real Property laws, appear take the opposite approach. The Torah enacted laws to address the Real Estate in times of prolonged regional catastrophes.

The Torah created safety net measures. Essentially, while God served as the ultimate property owner, the tribal families ultimately held a land inheritance. This land was protected from loss via the restorative Jubilee year.

It is quite possible that the Torah Portion Vayigash inspired this economic innovation. Alternatively, the tale could have served as a polemic to advance the change.

And with the Jubilee concept in play, honoring one’s parents turns out to be quite solid advice.

Be well!!

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