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Absentees' Property Law (1950)

An Israeli law that vested the homes, land, and assets of Palestinians who fled or were expelled during the 1948 war in a state Custodian, becoming the main legal instrument by which Israel took possession of Palestinian refugee property.

Enacted in March 1950, the Absentees’ Property Law defined an “absentee” broadly: any person who, between 29 November 1947 and the end of the war’s emergency regulations, was outside the area of Israel, or in territory held by Arab forces — a definition that swept in the hundreds of thousands of Palestinian refugees of 1948, including people displaced only a few kilometers from their homes. Their land, houses, businesses, and bank accounts were vested in a state Custodian of Absentee Property “for safekeeping”; in practice the property was never returned and the owners were never compensated. Much of it was later transferred to the state’s Development Authority and the Jewish National Fund, forming a large share of the land on which new Israeli towns and settlements were built. Adalah, the legal center for the Arab minority in Israel, describes the law as the main legal instrument used by Israel to take possession of refugee land.

The law also reached Palestinians who never left the country. Tens of thousands of internally displaced Palestinians who remained inside Israel — citizens of the new state — found themselves classified as “present absentees”: physically present, legally absent, and barred from recovering their homes and villages.

After 1967, Israel applied its law to occupied East Jerusalem, and the Custodian began declaring properties there “absentee” when their owners lived in the West Bank — people who had never moved at all, ruled absent from their own property because the Green Line now ran between them and Jerusalem. Israel’s Attorney General Menachem Mazuz conceded in a 2005 legal opinion that such absence was “technical in nature,” yet the practice continued, and it remains one of the legal levers in East Jerusalem property disputes. The question of restitution for 1948 absentee property is one of the core unresolved issues of the refugee question.

Sources

Cited works

2
  1. adalah.org(opens in a new tab)https://www.adalah.org/en/content/view/7003
  2. adalah.org(opens in a new tab)https://www.adalah.org/en/content/view/8198

Connected in the archive

14 connected records

14 records elsewhere in the archive are linked to this one, each by a piece of evidence you can read below.

names this record — 12 records

One record names the other. A pointer for reading, not a claim that they belong to each other.

  • InfiltratorGlossary

    Evidence — Inferred from the text — read the evidence: The Absentees' Property Law of 1950 defined an "absentee" broadly enough to include people displaced a few kilometres inside the country, and vested their land, homes, businesses and bank accounts in a state Custodian; Adalah describes it as the principal legal instrument by which Israel took possession of refugee property.

  • Israel is the only democracy in the Middle East, with equal rights for all citizensArguments

    Evidence — Inferred from the text — read the evidence: The Absentees' Property Law (1950) then transferred the lands, homes and bank accounts of those refugees — people made "absent" by a war — to a state Custodian, and from there largely to Jewish state institutions.

  • JudaizationGlossary

    Evidence — Inferred from the text — read the evidence: Land was taken under the Absentees' Property Law, the Land Acquisition Law of 1953 and repeated "public purpose" seizures; villages were denied master plans, so that building became illegal and demolition lawful; regional councils were drawn to exclude Arab localities from their own agricultural hinterland; and admissions committees were empowered to screen applicants to new communal settlements.

  • Ma'lulمعلولVillagesNazareth

    Evidence — Inferred from the text — read the evidence: Its people were not permitted to return although most had gone no further than Nazareth and the neighbouring town of Yafa an-Naseriyye — present in the country, but classed as absentees under the Absentees' Property Law, and so dispossessed of what land the JNF had not already taken.

  • Norwegian Refugee Council — Information, Counselling and Legal Assistance (ICLA), PalestineResearch

    Evidence — Inferred from the text — read the evidence: Its February 2017 legal memo on the Absentee Property Law and its application to East Jerusalem is among the clearest accounts in English of how a property becomes "absentee", what the Custodian may do with it, and why release is so rarely granted.

  • Present AbsenteeGlossary

    Evidence — Inferred from the text — read the evidence: How the Absentees' Property Law (1950) defines an absentee, and what the Custodian of Absentee Property did with what it took, are covered elsewhere in this archive.

  • and 6 more

named in this record — 2 records

One record names the other. A pointer for reading, not a claim that they belong to each other.

  • Custodian of Absentee PropertyGlossary

    Evidence — Inferred from the text — read the evidence: Their land, houses, businesses, and bank accounts were vested in a state Custodian of Absentee Property "for safekeeping"; in practice the property was never returned and the owners were never compensated.

  • Green LineGlossary

    Evidence — Inferred from the text — read the evidence: After 1967, Israel applied its law to occupied East Jerusalem, and the Custodian began declaring properties there "absentee" when their owners lived in the West Bank — people who had never moved at all, ruled absent from their own property because the Green Line now ran between them and Jerusalem.

Cite this page

Every claim above carries its sources — citation is the point.

Chicago
“Absentees' Property Law (1950).” Glossary, FALASTEEN.AI. Accessed 22 August 2026. https://falasteen.ai/glossary/absentee-property-law.
MLA
“Absentees' Property Law (1950).” Glossary, FALASTEEN.AI, 2026, https://falasteen.ai/glossary/absentee-property-law. Accessed 22 August 2026.
BibTeX
@misc{falasteen-absentee-property-law, title = {Absentees' Property Law (1950)}, howpublished = {\url{https://falasteen.ai/glossary/absentee-property-law}}, organization = {FALASTEEN.AI — A Living Archive for Palestine}, year = {2026}, note = {Accessed 2026-08-22} }