Friday 14 March 2014

Johannine thought: John 20:11-18

Working text
NRSV John 20:11 But Mary stood weeping outside the tomb. As she wept, she bent over to look into the tomb;
ESV and the NASV uses the word ‘stooped’ instead of ‘bent over’. The NIV however retains ‘bent over’ but instead of ‘weeping’ it is translated as crying. In the NKJV we see the usage ‘stooped down’, and that Mary was standing outside ‘by’ the tomb.
NRSV John 20:12 and she saw two angels in white, sitting where the body of Jesus had been lying, one at the head and the other at the feet.
The ESV has a similar kind of verse but in the NAS the word ‘beheld’ is used instead of ‘saw’, the NIV  uses the same words but uses ‘seated’ for ‘sitting’ and the words laid has been omitted and it ends with ‘been’, NKJ there is not much changes as it resounds the NRSV.
NRSV John 20:13 They said to her, "Woman, why are you weeping?" She said to them, "They have taken away my Lord, and I do not know where they have laid him."
ESV and the NIV resounds the same as the NRSV but in the NAS and the NKJV, the question is being reasoned with ‘because’ and in the NIV
NRSV John 20:14 when she had said this, she turned around and saw Jesus standing there, but she did not know that it was Jesus.
ESV opens ‘Having said this’ whereas the NAS starts with ‘When she had said this’ and uses ‘beheld’ instead of saw. The NIV opens with ‘At this’, and the word realize instead of know, the NKJV starts with ‘Now when she had said this’ and continues as in the NRSV
NRSV John 20:15 Jesus said to her, "Woman, why are you weeping? Whom are you looking for?" Supposing him to be the gardener, she said to him, "Sir, if you have carried him away, tell me where you have laid him, and I will take him away."
ESV and NAS uses ‘seeking’ instead of ‘looking for’ and the latter continues to use ‘seeking’ instead of ‘looking for’ NIV  opens with ‘"Woman," he said’ rather than Jesus said to her and uses ‘crying’ instead of weeping and ‘Thinking’ instead of “supposing’ and the NKJV reframes the NRSV
NRSV John 20:16 Jesus said to her, "Mary!" She turned and said to him in Hebrew, "Rabbouni!" (Which means ‘Teacher’)
ESV, the NAS, NIV and the NKJV restate the same using the same words.
NRSV John 20:17 Jesus said to her, "Do not hold on to me, because I have not yet ascended to the Father. But go to my brothers and say to them, 'I am ascending to my Father and your Father, to my God and your God.'"
ESV uses ‘cling’ rather than ‘hold’, and NAS significantly uses ‘Stop clinging to Me’. The NIV uses ‘returned’ instead of ascended and adds the word ‘instead’ “Go instead to my brothers” and the NKJV John 20:17 also uses ‘cling’ instead of ‘hold’
NRSV John 20:18 Mary Magdalene went and announced to the disciples, "I have seen the Lord"; and she told them that he had said these things to her.
ESV resounds the NRSV here, and in the NAS we see that Mary Magdalene ‘came announcing’ and NIV states what Mary was announcing ‘with the news’ NKJ in this verse we see the usage of ‘told’ than ‘announced’
Interpretation
Historical description
This narrative shows some traces of the literary influence of the short Marcan resurrection story, but in substance it is independent.  This means that the historical value cannot be accurately assessed. Mary visiting the tomb early morning on Sunday finds it open. She supposes that  either the enemies or tomb robbers have taken the body away and informs Peter and the beloved disciple, who run to the tomb, find it empty and see the clothes in which the body of Jesus was wrapped. The beloved disciple, who was the first to reach the tomb followed Peter into in and when he saw, believed that Jesus had risen from the dead.
Mary had followed the two men, and when she they left she remained outside the tomb. Looking in she saw two angels. She tells them the reason for distress, but from that point the angels play no part in the story, for Mary turning round sees Jesus himself, though it is only when he addresses her by name that she recognises him, but Jesus warns Mary not to hold on to him. He then sends her to the disciple with the message of his ascension, which she duly conveys to the other disciples. This makes Mary the first person to carry the gospel of resurrection, to the disciples.[1]
Mary Magdalene
Jesus healed Mary Magdalene who was possessed by evil spirits. She became his faithful disciple and ministered to him out of her own sources (Lk. 3: l-3).105 She played supportive roles during Jesus’ hour (hora), the crucial moment of Jesus’ ministry that made God’s love and salvation a reality to the world.
Significantly, on the third day, the first Easter Sunday, the women, especially Mary Magdalene, discover the empty tomb. Both in the Synoptics and in John the women continue their place in the resurrection story. Whereas the men are the commanded, the women are the mourners, observers and messengers at the death, burial and resurrection of Jesus. When Jesus appeared to Mary Magdalene outside the tomb where he addressed her as "woman" (gunai), a term of endearment or respect when used in address (Jn. 20: l6).
John singles out Mary Magdalene as the only woman who first discovered the empty tomb (Jn.20: 1-2) and who received the first Easter Christophany as well as the apostolic commission to announce the good news of Jesus’ resurrection (Jn. 20:11-18). Barrette comments that, in John 20:1-18, John has skilfully combined two traditions of Jesus’ resurrection, resurrection appearance, and the discovery of empty tomb is correct, then Mary Magdalene is the unifying figure of the two traditions. She saw the risen Christ first and bore witness to him (cf. Mk. 16:9-10). Mary’s proclamation to the male disciples saying, "I have seen the Lord" (Jn. 20:18), has apostolic significance.[2]


Theological focus
The narrative is infused with theological themes of a Johannine kind: seeing and believing, and the ascent of Jesus to the Father. The central place is given to the beloved disciple, and this focus can actually affect the historical estimate of the story accordingly, as it is thought that, the beloved disciple represents a serious historical source or not. The older the tradition says, nothing of an appearance to Mary Magdalene, and the oldest traditions the resurrection were probably richer and more varied that those which have come down to us, and once more it is quite possible that John is using traditional materiel, but presenting it in his own way.  There is no doubt that the present passage shows dramatic writing of great skill and individuality. The beloved disciple appears once more in the company of Peter, and, though Peter is the first to enter the empty tomb, the former is the first to believe in the resurrection, and he still holds in this sense a primacy of faith.
The resurrection is presented is a stage in the process by which Jesus ascends to the Father. No further ascension narrative is recorded, could be because John intends his readers to think of the one compound event of crucifixion and resurrection as the means by which Christ departed to Christ.
Critical reflection and Insights
This narrative of the John’s gospel has made rounds at several instances. We see this passage in the light of feminist theologies to interpret it. It is very evident that a woman is being used as an important character in this narrative by the evangelist. When we look back into the Jewish cultural setting, we see that the women were not being regarded or given any kind of importance in the Jewish society, but is stunning to note that in this episode of Jesus’ appearances, it is said that he appeared to a woman (Mary Magdalene) and is said to have commissioned her to spread the news of resurrection to the other disciples.
In this passage we see the main element as a missiological dimension to the passage. Go to my brothers and say (v17) clearly shows the sending out of Mary to inform the other disciples. This verse is indeed a significant one as read in the context. Jesus is being radical in sending forth a woman as a messenger to pass on the message of his ascension to his Father. This shows that he had considered the women and regarded them for their works. it is astounding to note that the other disciples had left and carried their emotions with them but it was Mary who remained at the tomb and ‘weeping bitterly’ she sat at the tomb. As a normal human being she was puzzled when she knew that the body of Christ was missing.
Hence was worried and asked the angels and then Jesus himself without knowing who he was until she realised that it was him. Mary replied ‘Rabboni’ which the author translates as ‘teacher’, but the literal meaning of the word actually means ‘my teacher’. Just then Jesus says, ‘do not touch me’ this is a problematic part because later Jesus allows Thomas to touch him but here he denies permission to Mary asking her not to touch him. but the later part of the statement gives us the answer for this question, as Jesus wanted to make sure to Mary that he would not be with them in the same form as they have known him all these days but in Spirit in fact through the Holy Spirit he will be present and not in body. It is this truth that Mary was yet to learn. Mary then returned with the message which can in some measure be the message every believer who encounters the risen Christ. She said it very clearly ‘I have seen the lord’ (v18) simply meaning, Jesus is alive, death has not held him, he is risen.[3]
 We see it very clearly that the women enjoyed a role in the life and ministry of Jesus, and that Mary Magdalene had played a vital role in it. I am sure that the intended meaning was to include women in the ministerial work of the church. This very act of Jesus in considering her important to pass on the message of resurrection itself is an act of acceptance of women as a partners and co workers in the ministry of the church.
Historical interpretation of the text
Early Church Fathers[4]
Chrysostom: As a woman, Mary was full of feeling and more inclined to pity, he goes on to say that in this case one might wonder, how is it that Mary wept bitterly and the tomb while Peter, was in no way affected. For ‘disciples’ the passage says, ‘went away to their own home’ but Mary stood there shedding tears. This was because hers was a tender nature, and she as yet did not have an accurate account of the resurrection. The question arises, why didn’t they immediately go to Galilee as that is what was commanded before the passion? They waited for the others, perhaps, and besides they were yet at the height of their amazement.
Cyril of Alexandria: The wise disciples, after having gathered sufficiently satisfactory evidence of the resurrection of our saviour, were unsure, as it was what to do with their confirmed and unshaken faith. Comparing the events as they had actually occurred with the prophecies of Holy Scripture, they went back home and most likely hurried to see their fellow works to recount the miracle and afterward consider what course should be pursued[5].
Jerome: None of the evangelists describe the actual resurrection itself, for it was witnessed by no one. The Gospels and 1st Cor 15:4-7 witness to the fact of the resurrection, however, by testimony to the empty tomb on Easter morning and the appearances of the risen Christ to his disciples. It is not correct to distinguish two forms of this testimony as though the ides of the empty tomb had been afterthought; an attempt to ‘objectivise’ what had originally been subjective experiences of the disciples to whom Christ appeared after his death. The testimony to the empty tomb is also present, although implicitly, in the oldest of the written New Testament testimonies found in 1st Cor. John’s witness to the resurrection, then, though it is distinctively his own, is no respect ‘later’ than the rest of the new testament testimonies.[6]
Modern theologians
Schnackenburg: It is easy to recognise in this passage that various traditions have worked together: the women’s visit to the tomb; the disciples’ inception of the tomb, appearance of angels, Jesus’ appearance to Mary Magdalene, the instruction given to Mary Magdalene to carry on a message to the disciples. From a stand point in history of tradition, there is conflict, above all, between the visit to the tomb and the appearances, and here again between the appearance of the angels and the appearance of Jesus. He goes on to summarise Wellhause to Bultmann, of singling out an original story in which Mary Magdalene alone plays a part: she comes to the tomb, finds the stone rolled away, looks into the tomb, and searches in vain for the body of Jesus. The end of the story is, it is true, variously assessed. Wellhause eliminates the angels and has the scene end with the appearance of the Jesus: Hirsch, retains as part of his basic gospel both the appearance of the angels and that of Jesus; Bultmann thinks that the evangelist has broken off the conclusion of the Mary-narrative belonging to the synoptic type replacing it with the appearance of Jesus.[7]
Moody Smith: John’s similarities to the synoptic accounts are so obvious that any differences stand out. We see in v2, ending of what might seem a very brief story of Mary alone discovering the tomb empty. Yet again in v18 Mary goes to report to the disciples. Not surprisingly, some exegetes have suggested that in this episode at least two narratives, once independent, have been combined. Also the characteristic of john is the dramatic encounter of Jesus and Mary alone v14-18, yet even this has a synoptic parallel. In Matthew, Mary Magdalene and the other Mary encounter Jesus as they leave the tomb and Jesus repeats the instruction they have just received from the angel.[8]
Native cultural comparison
The Johannine narrative of the first apparition of the risen Jesus to Mary Magdalene is very significant. The weeping of Mary reveals the depth of her love for Jesus. He affectionately calls her by name ‘Mary’ and she immediately recognises the gardener as the Risen Jesus. She is commissioned by him to be the first announcer of his resurrection to the other disciples. She becomes the first witness of the great news of resurrection of Jesus. He corrects her understanding and entrusts upon her a mission of announcing this great event of Jesus entering into glory of the Father which will bring about the new economy in which he will be present to them through the Spirit and his Father will become their Father too.[9] That among all his disciples a woman disciple is made by Jesus the first witness of the risen lord is very significant in the Jewish context where the witness of a woman is always undermined.
By making a woman his first witness, Jesus upholds the worth, dignity, and importance of women who are marginalised and treated like the second rate citizens. Mary, who has been weeping out of her sadness and hopelessness of seeing the empty tomb, now declares openly to others that she has seen the lord. Whenever Dalits experience the liberation from all that has been dehumanizing them, it has to be proclaimed and celebrated. The Dalits witness of such experiences is a proclamation of God’s presence and power being expressed through them.[10]
Exegetical essay
Mary remains at the tomb, and she looks in, it is no longer there, it is empty. The two angels appear, she repeats the story about the violation of the tomb. The angles however are forgotten and disappear from the story as she turns and sees the one whom she takes to be a gardener. She fails to recognise the appearance of Jesus, but not his voice as he calls her by name. The good shepherd calls his own sheep by name, and they know his voice. Jesus reply to her exclamation calls for some explanation. ‘Do not hold me’ represents the Greek sentence which literally means ‘stop touching me’ or ‘do not attempt to touch me’. The prohibition itself is contrasting, and the reason given is even more obscure. ‘I have not ascended to my Father yet’. It seems to imply that there will be a later moment, after the ascension when touching is permissible. This seems hardly intelligible, though some have held that John believed the ascension to have taken place between 20:17 and v27.
The emphasis on the ‘coming’ signifies that Mary left her lord at once to convey his message. ‘I have see the lord’ is direct speech, but the other half is indirect; ‘she told them that he had said these things’. Here we find that resurrection appearance is given as her personal testimony for this Mary becomes the first to witness the resurrection of Jesus. But the message Christ had asked her to deliver, means that not only she had seen the risen Christ but had also heard him say these things, hence becoming an apostolic witness of the Lord.[11] In the last words of v17 Jesus distinguishes between himself and his relation to God, and his disciples and their relation to God. To each, God is ‘God and Father’; he calls them his brothers. Yet he is God’s son eternally, and they are God’s children only through him.[12]
In the context of our society today it is very much necessary for us to give importance for women. Women over the historical age have lived a life succumbed to various atrocities and dominion. In the light of the passage, we have learnt that Jesus was indeed a person who treated al equally and made sure the women also were treated with respect and dignity and with importance.


Bibliography
Barrett C. K., The Gospel according to John; SPCK: London 1955
Elowsky C. Joel. Ancient Christian Commentary on Scripture: New Testament. Illinois: Inter-Varsity Press, 2007
Vanderlip, D. George., John the Gospel of life; Judson Press –Valley Forge 1993.
Smith, D Moody.  Abingdon New Testament Commentaries; Abingdon Press Nashville 1999.
Ed.  Brown, E. Raymond. and Joseph A. Fitzmyer,, The Jerome Biblical Commentary, Vol II; Published: TPI 1968.
Gen. ed. Black, Matthew. Peake’s Commentary on the Bible; Published: Thomas Nelson and sons LTD, London, 1975.
Vellanickal, Matthew. Studies in the Gospel of John; Published: A.T.C. Bangalore 1997.
Rao, O. M. The Fourth Gospel: Essays and Exegetical Notes on Selected Passages; Published: Theological Book Trust, Bangalore 1998.
Irudaya, Raj. Dalit Bible Commentary: New Testament, vol-4; Published: C.D.S. New Delhi 2009.
Schnackenburg, Rudolf. The Gospel according to St. John; Vol: III, Published: Burns & Oates, 1982.
Moloney, J. Francis, Glory not Dishonour: reading John 13-21; Published: Fortress Press, Minneapolis 1998
T. Johnson, Chakkuvarackal. Bangalore Theological Forum, Volume 34, Number 2, December Published: the United Theological College, Bangalore, India. 2002.




[1] C. K. Barrett, The Gospel according to John; SPCK: London 1955 pg. 466
[2] T. Johnson Chakkuvarackal Bangalore Theological Forum, Volume 34, Number 2, December 2002, Published: The United Theological College, Bangalore, India page. 58.
[3] D. George Vanderlip, John the Gospel of life; Judson Press –Valley Forge 1993 pg.129
[4] C. Joel. Elowsky Ancient Christian Commentary on Scripture: New Testament. Illinois: Inter-Varsity Press, 2007

[5] C. Joel. Elowsky Ancient Christian Commentary on Scripture: New Testament. Illinois: Inter-Varsity Press, 2007
[6]Ed.  Raymond Brown. E and Joseph A. Fitzmyer,, The Jerome Commentary, Vol II; Published: TPI 1968 pg.463
[7] Rudolf Schnackenburg, The Gospel according to St. John; Vol: III, Published: Burns & Oates, 1982 pg.303
[8] D. Moody Smith, Abingdon New Testament Commentaries; Abingdon Press Nashville 1999 pg.375
[9] Matthew Vellanickal, Studies in the Gospel of John, Published: A.T.C. Bangalore 1997, pg.222
[10]  Raj Irudaya, Dalit Bible Commentary: New Testament, vol-4; Published: C.D.S. New Delhi 2009, pg.169
[11] O. M. Rao, The Fourth Gospel: Essays and Exegetical Notes on Selected Passages; Published: Theological Book Trust, Bangalore 1998, pg.294
[12] Gen. ed. Matthew Black, Peake’s Commentary on the Bible; Published: Thomas Nelson and sons LTD, London, 1975 pg. 867

Importance of Land for Human Rights

Deuteronomy and Human Rights
Submitted to: Dr. Daniel J. Muthunayagom                                              Presented on: 14/3/2014
Submitted by: Ajilal E. S, Vinod Shemron S. (B.D III) and Arvind Theodore (B.D IV)

Introduction:
            Land ownership can be a fundamental source of capital, which opens personal credit markets, leads to investments in the land, provides a social safety, and transfers wealth to the next generation. Beyond the potential for a higher income, land provides a valuable source of shelter, food and income in times of hardship, and a family's land can be the last available resort in the instance of calamities. Moreover, access to land affects a wide range of fundamental human rights. In both urban and rural areas, individuals rely up on the accessibility of sufficient plots of land for shelter and the availability of resources.
In rural areas in particular, the realization of the right to food is closely connected to the availability of arable land. Additional rights, including the right to water, the right to health, the right to work, are all tied to access to land. Identity, particularly for indigenous groups, is also tied to land. In some domestic contexts, recognition of citizenship is also attached to ownership of land, limiting the ability of landless individuals to travel and participate in the political process[1]. We as a group, in the form of this paper wish to present to you the importance of land in the ancient times and how ‘land’ can be seen today, as a human rights issue and how and what ‘land’ is in the Indian context. In the conclusion, we see how land and human rights as being closely related in the Deutronomic code.
What is Land?
The answer to what the land is is to be found in the Old Testament, especially in the Hebrew terms that denote the land. There are three main terms as follows:
a)      Eretz: In the English Revised Standard Version (RSV), it is translated 1620 times as “land”, 660 times as “earth”, 107 times as “ground” and 83 times as “country”. This word “eretz” is used in various forms as to denote the whole of the earth or a specific geographical area such as “the land of Ararat” (2 Kings 19:37), or “the land of the Kenites” (Genesis 15:18-19). In the latter example the term “eretz” has a political connotation, referring to political boundaries and nations.[2]
b)      Adamah: It is also rendered by “land.” In the English (RSV) “adamah” is translated 105 times “land”, 67 times “ground”, 37 times “earth”, 6 times “soil” and 2 times “country”.      
“Adamah” is not a political term such as “erets”. It often designates the agricultural land that can be utilized for farming purposes, in contrast to “midbar” meaning ”wilderness” or “desert”. As such, “adamah” is usually owned by a person (head of household) or group (e.g., “your/their land,” (Deut. 7:13). God’s ultimate ownership of “adamah” is assumed and expressed (cf. Isa. 14:2; Hos. 9:3; Josh. 22:4). Israel possessed “adamah” by virtue of God’s gift (Deut. 7:13).[3]
c)      Sadeh: The word means “field”. This term is also used in different ways to indicate an open field (Num. 19:16; 2 Sam. 11:11; Ez. 29:5. 32:4; 33:27), or enclosed field (Num. 22:23 and 24; Prov. 24:30). The idea of “sadeh” included uncultivated area or forest (Genesis 27:5) and cultivated area (Ruth 2:2; Job 24:6; Ps. 107:37). “Sadeh” is further used to indicate grazing area such as in Gen. 34:5; Exod. 9:21; Num. 22:4. The parts that were called “sadeh” in the Bible could be bought by individuals (Jer. 37:6, etc).
Nature and Characteristics of Land:
a)      Land as Gift: Land is a gift to the people from Yahweh. Brueggemann says that Israel did not take the land by power or stratagem, but by the spoken word of Yahweh. The land is different when it is given in speaking and received in listening. It is not just an object to be taken and occupied. It is rather a party to a relation. It is a covenanted land and serves as a nourishing space.
b)      Land as Good: The land is good (Deut. 4:21-22; 8:7-10), a land flowing with milk and honey (6:3 and 11:9). The land matches the word that gave it – Yahweh. It fulfills every-anticipation of the wilderness: water-brooks, fountains, springs; food-wheat, barley, vines, fig trees etc; minerals-iron, copper and so on. The good land is a gift from this magnanimous landowner.[4]
c)      Land as Historical Remembrance: Land can be a place for historical remembrance, for action that affirms the abrasive historicity of our existence and that was also the case with the Israelites. The land reminded the people of their history and how Yahweh had rescued them from slavery and gave them a life that they can start afresh. The Land reminded the people of Yahweh’s blessing and faithfulness.[5]                      
Land Rights:
            Deuteronomistic historian affirms that each tribe or every member of the community had a basic right to possess some portion of the land given by God. Gottwald believes that during the tribal social organization, the greatest concern was that the land will not be alienated from a family of “clan”.[6] Both tribes and clans were represented. During the distribution, land was apportioned by casting lots ‘before the Lord’ (Josh. 18:6) and it was made clear that Yahweh was responsible for allocating to each tribe the portion of land it was to possess.[7] Each tribe has the right to hold land that has been allocated by Yahweh and Yahweh guarantees it and holds responsible for its original allocation. Habel understands that the book of Deuteronomy supports the rights of each tribe, ancestral family and ancestral household to holding a property of the land through divinely approved lot in Yahweh’s land. Deuteronomy emphasizes that a land mark shall not be removed, since it was given by Yahweh.[8]
Ownership of Land:
            Deuteronomic History claims that Yahweh is the owner of the Land who himself allocates it to the tribes of Israel. The Israelites have been allocated the land by Yahweh as promised and therefore the land and Israel belonged to each other. By possessing some portion of the land in Yahweh’s land, every member of the family holds a share in Yahweh.[9]
Importance of Land:
a)      Dietary Needs: One of the importance and primary functions of land for humans is to provide food. This prosaic fact underlies much of the social and political dynamic which makes up all human history. The diet of human beings differs from culture to culture and from period to period; however, it must always include certain various basic ingredients that sustain life. People depended on land for their food and this in turn gave the needed energy and strength to carry out life’s responsibilities.[10]
b)      Source of Wealth: If a person owned a land, that person was considered as a ‘wealthy’ person and maintained a considerable amount of reputation and status in society. A person owning a land was able to pay taxes. The people were interested in owning land because civic privileges depended on the same.[11]
c)      Land being a fundamental of life: Throughout the Old Testament, we see land as one of the fundamentals of life. The vast majorities of the people of Israel were agriculturists and lived off the land. It is the property which is handed on from generation to generation as symbolized by the family tomb. It provides basic foundation for the life of Israel’s peasant community.[12]
d)     Land giving Guaranteed Satiation: The land gave the people a sense of guarantee that they can rely upon. This security did not dull their memory but gave the people a sense of living and owning something that can sustain their existence and therefore the land served as a guaranteed satiation.[13]
Land and the Covenant:
One of the central themes in the Old Testament is the land. In the OT and Judaism, the notion of the ‘promised land’ and descendants to populate it is unparalleled in its importance for understanding of the covenant. In four particular passages, Genesis 12: 1 – 3; 13: 14 – 17; 15: 18 – 21 and 17: 7 – 9, there are two themes which are clear. Abraham was to receive land as an everlasting possession and this promise is directly related to the covenant. The Promised Land is always described as a good land, but while it is described to be so, it will also require faith.[14] Land is connected to the covenant in every reiteration of the promise. However, the land is not an ownership that may be benefited from without the reference to God. This land is a gift from God that comes with expectations for covenant justice and holiness.

Land and God:
There is one underlying theme which explains God’s interest in land. It is God, and not Israel who own the land. Israel is to hold this land loosely, because it is God who decides the tenure of its ‘tenants’. The OT supports this notion of God’s ownership of the land by stating that the land was distributed by God through lots (Num 26: 55). The harvests of Israel were understood in light of the God’s ownership of the land. The firsts crops and animals belonged to God, and so were offered as a sacrifice to God (Lev 27: 30-33; Deut 14: 22; 26: 9-15). The command to observe the Sabbath was followed not only by Israel, but also by the land itself (Lev 25: 2). The land is almost personified here, as though it were living in a relationship with God and also under covenant commitments. In Deut 12: 9, the land is referred to as a place of rest for Israel. It is also referred to as a place of rest for God, a place where God’s presence dwells, as seen in Pss. 95: 11 and 132: 8.[15]
Land and Cult:
Israel’s cultic life served to maintain the people’s hold on the land and to protect the land from spoliation. For the maintenance of the purity and health of the land, careful regulations were provided in the Israelite law. The Sabbatical Year assures that the land will have its Sabbath in every seven years (Exod 23: 10-11; Deut 15). The Jubilee Year also engaged release from debts and the restoration of family property to its rightful owner (Lev 25). The land was to be protected in times of warfare (Deut 20: 19-20), from the defilement of excrement (Deut 23: 12-14) and also from the defilement that came from homicide (Deut 21). The community’s worship, observance of dietary laws and its ever continuing respect for God’s presence in the land were all focused on the ensuring of the continued health and productivity of the land. The observance of the Sabbath, the three major festivals, the sabbatical and jubilee years and the other feasts and fasts sustained the health of God’s land.[16]
Access to Land and the Human Rights
The problem of rural landlessness continues to increase as land in rural areas comes under population growth, fragmentation, land use conversion, environmental degradation, and the impact of natural disasters. Without secure land rights, individuals and communities live under the constant threat of exile, impacting a range of fundamental human rights. Tenure security in land or secure usage rights in land, in the form of formal legal, customary or religious rights, can provide more predictability and secure access to fundamental rights, including to food, housing, water, and health. The right to housing and the prohibition against forced evictions, both of which relate to land access, have been defined in numerous international documents, but the right to land, and the broader implications of access to land in the international human rights framework, remains vague[17].
Land Rights in the International Legal Framework
The necessity of providing access to land in order to facilitate the realization of human rights has been considered in several international principles and interpretive documents. But no international right to land is explicit in the international legal framework. Moreover, the responsibility of states towards individuals and land access has not been given sufficient attention. However, a review of the international human rights framework as it stands makes clear that while not wholly defined, land rights are invoked in a number of key areas, suggesting that further consideration by the international community is necessary[18].
Indigenous rights and women’s rights
Rights to land have been developed in two key areas of international human rights law, the rights of indigenous people and the rights of women. Land access and use is frequently tied to the spiritual, cultural and social identities of peoples. As such, land rights have been more fully developed in the field of indigenous rights. Convention 169 on Indigenous and Tribal Peoples, which was accepted by the International Labor Organization in 1989, is legally binding on States Parties and the only binding international instrument related to the rights of indigenous peoples. The Convention establishes the right of indigenous peoples in independent countries to “exercise control, to the extent possible, over their own economic, social and cultural development,” in a number of areas. The Convention includes a section on land, and requires States Parties to identify lands traditionally occupied by indigenous peoples and guarantee ownership and protection rights. In essence, the “measures shall be taken in appropriate cases to safeguard the right of the peoples concerned to use lands not exclusively occupied by them, but to which they have traditionally had access for their subsistence and traditional activities.” The Convention also requires the provision of legal procedures to resolve land claims establishes rights over natural resources, protects against forced removal.[19]
Relationship with other rights
The right to private property was a crucial demand in early quests for political freedom and equality, and against feudal control of property. Property can serve as the basis for the entitlements that ensure the realization of the right to adequate standard of living and it was only property owners which were initially granted civil and political rights, such as the right to vote.  Because not everybody is a property owner, the right to work was enshrined to allow everybody to attain an adequate standard of living.[20] Today discrimination on the basis of property ownership is recognized as a serious threat to the equal enjoyment of human rights by all and non-discrimination clauses in international human rights instruments frequently include property as a ground on the basis of which discrimination is prohibited.
The protection of private property may come into conflict with economic, social and cultural rights and civil and political rights such as the right to freedom of expression. To moderate this right to property is commonly limited to protect the public interest. In addition many states maintain systems of communal and collective ownership. Property rights have frequently been regarded as preventing the realization of human rights for all, through for example slavery and the exploitation of others. Unequal distribution of wealth often follows line of sex, race and minorities, therefore property rights may appear to be part of the problem, rather than as an interest that merits protection. Property rights have been at the centre of recent human rights debates on land reform, the return of cultural artifacts by collectors and museums to indigenous peoples, and the popular sovereignty of peoples over natural resources.[21]
Indian Constitution and Land Rights
The Indian Constitution does not recognize property right as a fundamental right. In the year 1977, the 44th amendment eliminated the right to acquire, hold and dispose of property as a fundamental right. However, in another part of the Constitution, Article 300 A was inserted to affirm that no person shall be deprived of his property save by authority of law. The result is that the right to property as a fundamental right is now substituted as a statutory right. The amendment extended the power of the state to appropriate property for social welfare purposes. Indian experiences and conception of property and wealth have a very different historical basis than that of western countries. The fact the present system of property as we know arises out of the peculiar developments in Europe in the 17th to 18thcentury and therefore its experiences were universally not applicable. A still more economic area in which the answer is both difficult and important is the definition of property rights. The notion of development of land and its value seems to be the hidden reason why the right to property is suddenly much contested throughout India today and why the state is coming up unexpectedly against huge resistance from unexpected quarters in attempting to acquire land in India[22].
The right to property under the Indian constitution tried to approach the question of how to handle property and pressures relating to it by trying to balance the right to property with the right to compensation for its acquisition through an absolute fundamental right to property and then balancing the same with reasonable restrictions and adding a further fundamental right o compensation in case the properties are acquired by the state. This was exemplified by Article 19, 1.(f) balanced by Article 19(5) and the compensation article in Article 31. This was an interesting development influenced by the British of the idea Eminent Domain but overall it struck an interesting balance whereby it recognized the power of the state to acquire property, but for the first time in the history of India for a thousand years or more, it recognized the individual’s right to property against the state[23].
While access to land most obviously affects the underlying rights to housing, food, and water, there are additional rights within the international framework that are impacted. The right to work, which “includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts,” often depends upon access to resources. In countries that are largely rural and where industry is not developed, land as a resource is often a precondition to work. Similarly, insofar as land access impacts the availability of food and water, the right to the highest attainable standard of health can be affected by the condition of landlessness. Moreover, the displacement from lands of indigenous peoples in particular can deny access to culturally specific sources of nutrition and medicines, having a detrimental effect on their health.
Land Rights and Justice from Deuteronomy
            The Ideology of the land as a grant supports the rights of the invading people to occupy the land   by divine sanction. A divine promise to Israel’s ancestors, a divine demonstration of conquering might and a divine gift of the good land all confirm Israel’s entitlement to the land. This right however is conditional. Israel must obey the laws of the proposed polity for the land or face losing the land. These land rights are grounded not in some ancient or sacred affinity with the land but in a treaty that prescribes the conditions for holding the land, The Israelites have no natural right to the land, only a promise of tenure if they are faithful vassal people. Canaan is territory under treaty; the land grant is conditional
By contrast, the rights of the original Canaanite inhabitants are totally dismissed and their culture negated. They are supposed to be ex terminated. This ideology ignores the historical reality that much of Canaan’s culture persisted in Israel and that many of the indigenous people of Canaan became a part of Israelite nation. The vision in Deutronomic is of a nation purged by trials in the wilderness and uncontaminated by the ways and ideally by any presence of the indigenous people of the land. The Canaanites have no rights to land and apparently no right to justice.
The elevation of Levites to a position of power, inspire of their landless status, such as that ultimately there is a higher concern than mere entitlement to land in Deuteronomy. The Levites have YHWH rather than the land as their entitlement (nahalah).This special entitlement gives Levites power and status. There are those ideal Deutronomistic societies; however who have neither land nor status. Any Canaanite who happen to survive the wars of YHWH is destined to survive as a slave labor with no obvious rights to power or property (Deut: 21: 10-11).Women captured in the war may be taken as wives and will be dismissed if they are not suitable. Although they are not suppose to become slaves, they are nevertheless dishonored women with no standing or property (Deut 21: 10-14). Peasant landholders have entitlement to their individual property by virtue of divine allocation in the distant past. This allocation is explicitly designated a nahalah, A separate divine entitlement within the land as YHWH grant to Israel (19:14), the family nahalah is a discrete position for the total land as Israel’s nahalah.
To protect the rights of the family to its entitlement the Israelite ancestors set up boundary stones to mark borders of the property. In the land grant ceremony at mount Ebal, a curse is invoked on any who dare to remove these boundary markers (Deut 27: 17). These laws enshrine the right of ancestral families of Israel to property they believed to belong to them under ancient divine land grant. No redistribution of the land to the landless in the society is ever envisaged. These land holders however are expected to take care of the needs of the landless that have no land rights. A portion of the harvest is to be left for widows, orphans, aliens 24 19-20. The poor and the landless laborers are to be paid wages 24-14. Those without land rights are expected to find justice in the gates (24:7-10). Israelites are to remember that they too were once landless slaves. If the judges of the community do not decide justly in such cases Israel will lose the land (16:18-20).
This justice for the landless clearly means that those without power and property should not be exploited. There is no principle at work; however that suggests that the landless being Israelites within the land given as a nahalah, should themselves have a family or personal land entitlement. Ultimately inspire of the blessings of YHWH that produce a society free of poor and presumably landless families (15:4), the reality is that there will always be “Poor in the midst of the land (15:11)”. This means that Israelite families with land and wealth are to show concern for a range of groups in society who are landless or destitute. These include slaves, debt slaves, servants and laborers (15: 7-18).[24]
Clearly those families with traditional land entitlements have both status and responsibility in the land. Those without land entitlements are dependent on the goodwill of the land. Justice in this context doesn’t mean the redistribution of the land but rather preventing exploitation of the landless. At the same time this expression of justice within the structures of Deutronomic polity means that the landless poor are made dependent on the land peasants and elite for survival and security.
Conclusion
Land is central, if not the central theme of biblical faith. It is no news to us that land has always been integral element in human life as well. According to Israelite family property rights, each family should own a piece of land in order to have their representation in the society. Therefore human rights are indivisible, interrelated and interdependent, and land is a cross-cutting issue. In the Deutronomic code, we see the establishment of the land rights and justice as a reinforcement of the indebtedness of Israel to YHWH.  We also see that land is promoted as the charter of Israel’s rightful entitlement to the land, and it also serves to justify the disposition of the original inhabitants of the land and negate their rights.
Bibliography:
·         Gottwald, N.K. The Hebrew Bible: A Socio-Literary Introduction. Philadelphia: Fortress Press.
·         Habel, N.C. The Land is Mine: Six Biblical Land Ideologies. Minneapolis: Fortress Press, 1995.
·         Gottwald, N.K. The Tribes of Yahweh: A Sociology of the Religion of Liberated Israel 1250-1050 BCE. New York: Orbis Books, 1979.
·         Davies, E.W. “Land: Its Rights and Privileges” in the The World of Ancient Israel: Sociological, Anthropological and Political Perspective. Edited by R.E. Clements. Cambridge: Cambridge University Press, 1989.
·         Pastor, Jack. Land and Economy in Ancient Palestine. London: Routledge, 1997.
·         Wittenberg, Gunther H. “The Significance of Land in the Old Testament”, in the Journal of Theology for Southern Africa.
·         Burge, Gary M. “Land” in New Interpreter’s Dictionary of the Bible. Edited by Katherine Doob Sakenfeld. Nashville: Abington Press, 2008.
·         Burge, Gary M. “Land,” in New Interpreter’s Dictionary of the Bible. Edited by Katherine Doob Sakenfeld. Nashville: Abington Press, 2008.
·         Harrelson, Walter. “Land,” in Mercer Dictionary of the Bible. Edited by Watson E. Mills. Macon: Mercer University Press, 1990.
·         Brueggemann, Walter. The Land: Place as Gift, Promise, and Challenge in Biblical Faith. Minneapolis: Fortress Press, 2002.
·         The United Nations and Human Rights, United Nations, New York, 1973.
·         Gudmundur, Alfredsson.  The Universal Declaration of Human Rights: A common standard of achievement. Martinus Nijhoff Publishers. 1999.
·         Janvry, Alain De  Access to Land and Land Policy Reforms, in Access to Land, Rural Poverty and Public Action;  (Oxford University Press 2001
Webliography
·         http://www.ilo.0rg/ilox/cgi-lex/convde.pl?C169 (accessed on 10th February 2014).
·         www.landnotes.in/indian_Constitution_and_Land_laws (accessed on 10th February 2014).




[1]Alain De Janvry.  Access to Land and Land Policy Reforms, in Access to Land, Rural Poverty and Public Action;  (Oxford University Press 2001). pp26-33.
[2] N.K. Gottwald, The Hebrew Bible: A Socio-Literary Introduction (Philadelphia: Fortress Press), 45
[3] N.K. Gottwald, The Hebrew Bible: A Socio-Literary Introduction, 45
[4] N.C. Habel, The Land is Mine: Six Biblical Land Ideologies (Minneapolis: Fortress Press, 1995),43
[5] Walter Brueggemann, The Land: Place as Gift, Promise, and Challenge in Biblical Faith (Minneapolis: Fortress Press, 2002), 51
[6] N.K. Gottwald, The Tribes of Yahweh: A Sociology of the Religion of Liberated Israel 1250-1050 BCE (New York: Orbis Books, 1979), 158
[7] E.W. Davies, “Land: Its Rights and Privileges” in the The World of Ancient Israel: Sociological, Anthropological and Political Perspective ed. by R.E. Clements (Cambridge: Cambridge University Press, 1989), 358
[8] N.C. Habel, The Land is Mine: Six Biblical Land Ideologies, 33
[9] N.C. Habel, The Land is Mine: Six Biblical Land Ideologies, 59-60
[10] Jack Pastor, Land and Economy in Ancient Palestine (London: Routledge, 1997), 6
[11] Jack Pastor, Land and Economy in Ancient Palestine, 1-2
[12] Gunther H. Wittenberg, “The Significance of Land in the Old Testament”, in the Journal of Theology for Southern Africa, 58-60
[13] Walter Brueggemann, The Land: Place as Gift, Promise, and Challenge in Biblical Faith, 51
[14] Gary M. Burge “Land” in New Interpreter’s Dictionary Of The Bible, ed.by Katherine Doob Sakenfeld (Nashville: Abington Press, 2008), 570-571.
[15] Gary M. Burge, “Land,” in New Interpreter’s Dictionary of the Bible, ed. by Katherine Doob Sakenfeld (Nashville: Abington Press, 2008), 572.
[16] Walter Harrelson, “Land,” in Mercer Dictionary of the Bible, ed. by Watson E. Mills (Macon: Mercer University Press, 1990), 499-500.

[17] Alain De Janvry.  Access to Land and Land Policy Reforms, in Access to Land, Rural Poverty and Public Action;  (Oxford University Press 2001). Pp35- 37.
[18] http://www.ilo.0rg/ilox/cgi-lex/convde.pl?C169 accessed on 10th February 2014.
[19]http://www.ilo.0rg/ilox/cgi-lex/convde.pl?C169.
[20] Alfredsson, Gudmundur.  The Universal Declaration of Human Rights: A common standard of achievement.  (Martinus Nijhoff Publishers. 1999) p. 533.
[21] Alfredsson, Gudmundur; The Universal Declaration of Human Rights: A common standard of achievement.  (Martinus Nijhoff Publishers. 1999) p. 360.
[22]www.landnotes.in/indian_Constitution_and_Land_laws
[23] Ibid.
[24] N.C. Habel, The Land is Mine: Six Biblical Land Ideologies (Minneapolis: Fortress Press, 1995),52

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