A TALE OF ONE
CITY
Dr. Ronald A.
Brauner
Chayei Sarah: Genesis 23:1 – 25:18
We have learned that "the Torah speaks in the human idiom,"
and that one of the meanings of this ancient assertion of
our sages is that the Torah wishes to enable its readers to
relate to its content in familiar terms, drawn from daily
life and common experience.
This week’s parsha provides another sterling example
of the operation of the principle of "human idiom." After
the death of the Matriarch Sarah, Abraham seeks to purchase
a burial plot for her and, we presume, for other members of
the family when the need would arise. Abraham approaches
the inhabitants of Hebron in order to obtain a parcel of
real estate. Surely, this entire episode could have been
reported by the Torah in one or two simple statements, and
yet, much to our surprise, the narrative continues for
twenty verses! What are we to make of the fact that we are
given more detail here than we find in many other instances
in the Torah?
The key to the response to this question is to be found in
the fact that the report given by the Torah is in full
accord with and in detailed reflection of the prevailing
legal conventions of those times for the transfer of real
estate. Practically every single verse of the narrative
relates to the way in which sales of immovable property
were conducted in antiquity. Thousands of business
documents from ancient Israel’s neighbors have been
uncovered in the last 150 years. Thus, we have a rather
fine and detailed picture of how business was conducted in
the ancient Near East. As we examine the story of the
burial of Sarah, we find over and over again terms and
stipulations drawn from the world of real estate law.
Abraham announces to the town council his desire to acquire
a burial plot and they, in turn, offer such a plot to
Abraham as a gift, in recognition of the honored reputation
he has earned for himself (23:6). Abraham however, desiring
to complete a sale which would be in perfect accordance
with commonly accepted legal practice, asks to see the
owner of a particular tract to whom he will pay full price,
in cash, for a burial site (23:9). What follows is a string
of details meant to emphasize, beyond any question, the
complete, legal, uncontestable, absolute and permanent
transfer of the tract to Abraham: a public and witnessed
announcement of the intention to acquire (v. 10); refusal
to accept the property as a gift (v. 13); full payment of
the asking price in internationally recognized funds (v.
16); definition of the property being conveyed (v.17); a
public witnessing of the transaction as it is happening (v.
18); a reiteration of the identity of the subject property
and taking possession of it (v. 19); and, finally, a
summary of the transaction just completed (v. 20).
Why all the detail and why all the emphasis on the
immaculate legality of the transaction? Because the burial
of Sarah marks the very beginning of the actualization of
God’s promise to Abraham: "I will give to you and
your offspring after you the land of your sojourn, all the
land of Canaan as a possession forever…" (17:8). Now
Abraham and his progeny are property owners and their
rights are rights in perpetuity. And it would not be many
years before that very same Hebron, as it is still known
today and where some Israelis still live, would become the
first capital of Israel’s greatest king, David!
Dr. Brauner is Professor of Judaic Studies at Siegal
College, Cleveland, OH
