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A very interesting legal claim has begun, with potential shattering news for Islam. It is to do with the ownership of the Temple Mount. There is every indication that a number of Jewish families own it personally. They know, however, that even if granted ownership, Islamic entities would fight to the death (everywhere) rather than hand over the keys to rightful Jewish owners.

The case begins with king David, who bought ‘Mount Moriah’ (today=Temple Mount); but the work of building the Temple was allotted to his son, Solomon. The purchase of the ground was made by David, who had legal ownership passed on by the seller, Ornan the Jebusite (2 Chronicles 3:1; the Jebusites built Jerusalem). David bought the ground for fifty shekels of silver (Samuel 24:24,25) and immediately erected an altar on the site.

Since that day the land has never been sold to anyone else, so it belongs to the descendants of king David – and already several families have come forward with impeccable credentials (Jewish lines of genealogy are always precise). So, a law suit has begun!

The political ramifications are huge, and the families realise that. It isn’t their aim to physically take the Mount back. It is sufficient that the law recognises the families’ legal right to the Mount. Of course, Islamists would literally go berserk, but the moral point must be made. Muslims have made ridiculous claims about the Mount, including that Muslims built it, or that it has always been in the possession of Islam, even though it was built over a millennia (957BC) before Mohammed was a twinkle in his mother’s eye. Facts don’t matter when it comes to Islamic fantasising.

The idea to bring a legal case was begun by Dr Boruch Fishman, a recent immigrant to Israel, after visiting the tomb of Samuel. Taking the next step he looked for descendants of David who could prove their lineage. Then, a foundation was established as part of the claim: the ‘Wings of Eagles for the Assembly’, or Canfei Nesharim L’maan Hakahal in Hebrew (the Foundation is about more than ownership of the Mount). So far, Fishman has two claimants with verified male lineage back to king David. Those currently involved are the Dayan, Shealtiel and Charlap/Don Yechia families, many of whom settled in the Aleppo area of Syria.

A project has been started to find even more descendants (the Davidic Dynasty) and it keeps a list of those so far found to have a link to David (and, therefore, the Mount ownership). One of the rabbis who form part of the link was also one of Paul’s original tutors, at the ‘House of Hillel’ (see my article, A/544), so strong associations can be found throughout Jewish history. In the short time since this project began, many names have been included as possible direct descendants of David.

The Foundation’s lawyer, Baruch Ben Yosef, said “Surprisingly, the Temple Mount is not listed in Israel Land Authority.” This is significant because only about 10% of land is privately owned in Israel. In other words, because Israel/Jerusalem does not lay claim to the Mount, it is still in private hands – the descendants of David. All other land is leased long term from the Jewish National Fund and the Israel Lands Administration.

Ben Yosuf continued: “The fact that it is under the authority of the Waqf or Jordan is not a legal claim to ownership. It is a temporary condition based on power and not a valid legal claim. You would think that the State of Israel owns it, but by not registering it, they have clearly expressed they don’t have an interest in owning it. Since it can be privately owned, the people who claim lineage to King David have a legal claim,” Ben Yosef concluded. “If we make a claim in court, the court would have to disprove the claim. The burden of proof would be on them. But in the meantime, the Land Authority won’t do anything without a court order from the High Court.” (Breaking Israel News, 1st August).

The families are pragmatic and know they have an uphill struggle, NOT because their claim is frivolous or cannot be proved, but because of world opinion and the boiling political nature of Islam. UNESCO, absurdly, say the Mount has no Jewish ties. This is absolute nonsense, of course, but UNESCO is part of the UN, and it is a UN shabby deal to agree with Islam on all counts, even when it contradicts history and all known facts.

A representative of the Dayan family admits that the Israeli High Court don’t want to hear the case, nor does the State of Israel. They are afraid of Islamic reprisals, so refuse to face truth, and this reinforces the Islamic idea that Islam rules supreme. Jerusalem in particular would erupt into uncontrolled Islamic violence if a court justified the claim of ownership. After all, violence is the only answer given by bullies. Perhaps one day the Islamic situation might force Israel to declare the Mount to be Jewish anyway on the basis of ‘”What’s to lose?”

Regardless of what Islamists think or routinely lie about, nothing can take away the fact that the Mount belongs to the direct descendants of king David and is Jewish. This means that despite loud yelling by Islamists, they KNOW the Mount is Jewish. (See article on Islam and Jerusalem, A/591). Even the Smithsonian acknowledges Jewish artifacts are buried (and some found) underneath the Dome (11th April, 2011, smithsonianmag.com).

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