The Authority of the Court to Declare Property Ownerless

Yalkut Shimoni on Nach 29:5

"These are the inheritances which Eleazar the priest [and Joshua son of Nun and the heads of the fathers' houses of the tribes of the children of Israel distributed]" (Joshua 19:51). Rabbi Yitzhak said: From where do we know that property declared ownerless by the court is [validly] ownerless? As it is said, "and whoever would not come within three days, according to the counsel of the princes and the elders, all his substance would be forfeited [yehoram], and he himself separated from the congregation of the exiles" (Ezra 10:8). Rabbi Eleazar said: From here — "these are the inheritances which Eleazar the priest and Joshua son of Nun and the heads of the fathers' houses [distributed] by lot to the children of Israel." Now what have the "heads" to do beside the "fathers"? To tell you: just as fathers bequeath to their children whatever they wish, so too the heads [of the court] may apportion to the people whatever they wish.

Themes