Takkanot (Regulations)

The Text of the Regulations Reached Here in Our City of Izmir, May God Protect It, Concerning Proprietary Rights

We, the young ones of the flock, the holy flock here in Izmir, declare: whereas several preserved and established accords were reached a number of years ago, all of which were ordained authentically, justly, and for the benefit and amelioration of our city. They were indeed enacted with full legal force, accompanied by all the curses written in the Torah of Moses our teacher, peace be upon him! But now we have surely seen that many have stumbled and been caught in the fisherman’s net—they have been unto the house of Israel as a stone of stumbling and as a rock of offense (Isaiah 8:14)—for when one individual sins, the entire community suffers, heaven forbid [see Numbers 16:22]!

Therefore, we, the representatives and worthies of the city, have conferred and taken counsel together [see Psalms 2:2], led by our teacher, the perfect rabbi—may the All-Merciful protect and redeem him—and we have seen that it would best please the Almighty to nullify all prohibitions and bans. We have accordingly nullified them, and they shall henceforth all be annulled and released, they shall neither be binding nor have any force. Nor shall they be called accords, but rather [ordinances for the] reform of the city, for they are mostly suitable and worthy reforms for the preservation of our city. They are to remain in place, apart from the fact that the term ban is never to be employed again. Now these are the preexisting reforms which we too confirm and affirm, under the heading: Reforms for the City:

1. We agree that any individual, man or woman, in possession of any house, courtyard, or shop owned by a gentile shall have a proprietary right, like one who takes possession of ownerless property. Not even a Jew, man or woman, minor or adult, may challenge it in any manner, whether it relates to a house, a courtyard, or a shop. We must make clear, however, that in order for him to have this proprietary right and for the property to be called his, two conditions must be met: first, he must perform an act demonstrating possession in accordance with the law, by enclosing, fencing it in, or making some payment, and the like. Second, he must have paid rent. Should either of these two conditions not be satisfied, no law of presumptive possession whatsoever applies. Moreover, all this must be accompanied by proper testimony that he has taken possession and paid rent, and he may then claim the presumptive right. It must further be made clear that any proprietary right will be fully included in the laws relating to land, because of all the things that have been done or mentioned.
2. Where anyone in possession of a property has quitted it for any reason whatsoever, if any Jew then enters into possession, the original person shall always retain the right to the possession, whether or not he makes a public announcement about [the possession]. However, if a gentile enters into the possession, the proprietary right shall be retained by the original possessor for up to ten years, on condition that every three years during those ten, he makes a public announcement within the holy community, to the effect that he has a proprietary right over it. If he fails to make such announcement every three years during the ten-year period, he loses his proprietary right, and even when he does make such public announcement, if ten years pass without any Jew has entering the property, he forfeits his proprietary right.
3. When anyone has proprietary rights—whether over a house, courtyard, or shop—and any Jewish man or woman comes and purchases that courtyard, shop, or private property from its gentile owner, the person with proprietary rights has precedence for ten days after the purchase. However, if, during those ten days, the person with the proprietary rights does not personally wish to purchase the property, or if he cannot afford to do so, then the one who purchased the private property duly acquires it. Nevertheless, the purchaser must pay the one with the proprietary rights one-tenth of the total amount for which he bought it. But as long as the purchaser of the private property has not yet actualized the purchase, and the man with the proprietary rights still retains it, no Jew, neither man nor woman, may hire that right from the gentile without permission from the one with the proprietary rights.
4. No man or woman may acquire a presumptive possession over a house, courtyard, and a shop, but only two of them, apart from what he already owns to date. It is hereby made clear that if an individual is in possession of a courtyard, he may acquire a proprietary right only over a residence that he requires for himself and the members of his household. However, if he has a presence in two courtyards, he may claim two separate proprietary rights, or two shops, but he may not exceed two, unless he enters there for the specific purpose of residing there permanently, to the satisfaction of those checking the qualifying periods. In such a case, he may acquire proprietary rights there too, but, otherwise he may acquire only two, apart from the property he already has to date. Everything recorded above was enacted in the year 5395 from the Creation [1635], and applies for future generations until the coming of our Messiah, with God’s help!
5. We instituted another reform, that henceforth any individual member of the holy community who wishes to acquire proprietary rights over a gentile’s land, whether a shop, house, courtyard, or any property whatsoever, shall not acquire such right until he has resided therein for three consecutive months and has paid rent, as stated above. We further enacted that henceforth, any deed recording a proprietary right which is not signed by one of those who checks on the qualifying periods will be considered as worthless as a broken potsherd. We wish to clarify that these three months refer to a situation where, if the individual in possession voluntarily quits the place of which he has taken possession during those three months, he retains no proprietary right. However, provided that he has enclosed or fenced in the property, and the like, and has paid the rent as stated, if the gentile landowner removes him, then even if it is still within the three-month period, it is a complete, formally established, and permanent proprietary holding, and no Jew may challenge it.