New York Times

Op-Ed Contributor

Who Lives in Sheik Jarrah?

By KAI BIRD
Published: April 30, 2010

AS a boy, I lived in Sheik Jarrah, a wealthy Arab neighborhood in East
Jerusalem. Annexed by Israel in 1967 and now the subject of a conflict
over property claims, my former home has come to symbolize everything
that has gone wrong between the Israelis and Palestinians over the
last six decades.

Despite talk of a slowdown in Israeli construction in East Jerusalem,
Nir Barkat, Jerusalem’s mayor, toured Washington earlier this week and
told officials that the expansion into Arab neighborhoods is going
ahead at full speed.

As a result, `The battle line in Israel’s war of survival as a Jewish
and democratic state now runs through the Arab neighborhoods of
Jerusalem,’ writes David Landau, the former editor of the Israeli
daily Haaretz. `Is that the line, at last, where Israel’s decline will
be halted?’ I hope so.

My family lived in Israel from 1956 to 1958, when my father, an
American diplomat, was stationed in East Jerusalem. We lived in the
Palestinian sector, but every day I crossed through Mandelbaum Gate,
the one checkpoint in the divided city, to attend school in an Israeli
neighborhood. I thus had the rare privilege of seeing both sides.

At the time Sheik Jarrah was a sleepy suburb, a half-mile north of
Damascus Gate. One of my playmates was Dani Bahar, the son of a Muslim
Palestinian and a Jewish-German refugee from Nazi Europe. Before the
establishment of Israel in 1948, such interfaith marriages were
uncommon, but accepted. Another neighbor was Katy Antonius, the widow
of George Antonius, an Arab historian who argued that Palestine should
become a binational, secular state.

The Sheik Jarrah of my youth is gone; Mandelbaum Gate was razed by
Israeli bulldozers right after the Six-Day War in 1967 that united
Jerusalem. But the city remains virtually divided. Few Jewish Israelis
venture into Sheik Jarrah and the other largely Arab neighborhoods of
East Jerusalem, and few Palestinians go to the `New City.’

Today East Jerusalem exudes the palpable feel of a city occupied by a
foreign power. And it is, to an extent – although much of the world
doesn’t recognize Israel’s annexation of East Jerusalem, Prime
Minister Benjamin Netanyahu refuses to halt the construction of new
housing units for Jewish Israelis in the Arab neighborhoods.
`Jerusalem is not a settlement,’ he recently told an audience in
Washington.

Not all Israelis agree with this policy. For over a year, hundreds,
sometimes thousands, of Israelis and Palestinians have been gathering
in Sheik Jarrah on Fridays to protest the expulsion of Palestinians
from their homes. Israeli courts have deemed these nonviolent
demonstrations to be legal, but this has not stopped the police from
arresting protesters.

In a cruel historical twist, nearly all of the Palestinians evicted
from their homes in Sheik Jarrah in the last year-and-a-half were
originally expelled in 1948 from their homes in the West Jerusalem
neighborhood of Talbieh. In the wake of the Six-Day War, Israeli
courts ruled that some of the houses these Palestinian refugees have
lived in since 1948 are actually legally owned by Jewish Israelis, who
have claims dating from before Israel’s founding.

The Palestinians have stubbornly refused to pay any rent to these
`absentee’ Israeli landlords for nearly 43 years; until recently,
their presence was nevertheless tolerated. But under Mr. Netanyahu, a
concerted effort has been made to evict these Palestinians and replace
them with Israelis.

This poses an interesting question. If Jewish Israelis can claim
property in East Jerusalem based on land deeds that predate 1948, why
can’t Palestinians with similar deeds reclaim their homes in West
Jerusalem?

I have in mind the Kalbians, our neighbors in Sheik Jarrah. Until
1948, Dr. Vicken Kalbian and his family lived in a handsome
Jerusalem-stone house on Balfour Street in Talbieh. In the spring, the
Haganah, the Zionist militia, sent trucks mounted with loudspeakers
through the streets of Talbieh, demanding that all Arab residents
leave. The Kalbians decided it might be prudent to comply, but they
thought they’d be back in a few weeks.

Nineteen years later, after the Six-Day war, the Kalbians returned to
4 Balfour Street and knocked on the door. A stranger answered. `He was
a Jewish Turk,’ Dr. Kalbian said, `who had come to Israel in 1948.’
The man claimed he had bought the house from the `authorities.’

That year the Kalbians took their property deed to a lawyer who
determined that their house was indeed registered with the Israeli
Department of Absentee Property. Under Israeli law, they learned, due
compensation could have been paid to them – but only if they had not
fled to countries then considered `hostile,’ like Jordan. Because in
1948 they had ended up in Jordanian-controlled Sheik Jarrah, the
Kalbians could neither reclaim their home nor be compensated for their
loss.

The Kalbians eventually emigrated to America, but their moral claim to
the house on Balfour Street is as strong as any of the deeds held by
Israelis to property in Sheik Jarrah.

If Israel wishes to remain largely Jewish and democratic, then it must
soon withdraw from all of the occupied territories and negotiate the
creation of a Palestinian state in the West Bank and Gaza with East
Jerusalem as its capital. And if not, it should at least let the
Kalbians go home again.

Kai Bird is the author of `Crossing Mandelbaum Gate: Coming of Age
Between the Arabs and Israelis, 1956-1978.’