| The
Land Question in the Talmud* |
| [Reprinted from the
Henry George News, February, 1970] |
THAT the Mosaic system of land-holding as set forth in the books of
Leviticus and Numbers, is in principle, though not in method, virtually
the same with that advocated by Henry George, is well known. It rests
upon the fundamental doctrine, that "the land is the Lord's"
(and in Theocracy, the State is the Lord's agent); that the people are
given merely the use of it; and that this use belongs to all equally;
and that, therefore, the land may not be sold for an exclusive and
perpetual ownership into private hands.
It is not generally known, however, that Talmudic discussions not only
emphasize and elaborate this theory of landholding (exhibiting
incidentally a clear knowledge of the factors that give rise to land
value or "economic rent"), but that the Rabbis explicitly set
forth a principle which is the very essence of Mr. George's "Single
Tax" system - namely that for the possession of land having
superior "site value" the holder must make compensation in
money to the common treasury. I am indebted to Mr. Phineas Mordel - an
acute student of Hebrew literature, as well as of economics - for
calling my attention to significant passages in the Gemara.
In "Baba Batra" 122, A, there is a discussion as to the
manner in which Canaan was partitioned among the tribes under Joshua. It
is stated, among other facts, that the land was allotted "according
to value" (kekesef); in connection with which, the statement is
attributed to Rabbi Judah, that "an acre in Judea is equivalent to
five acres in Galilee."
In further discussion of this point, it is asked: "In what respect
was the allotment made 'according to value?' Does the text (a "Boraita")
refer to the comparative fertility of different tracts of land, to the
difference between good land and bad land?" To which the
contemptuous answer is ready: "What, are we then debating about
fools?" That is to say, only fools could imagine that differences
of fertility alone cause the differences in the values in different
localities. No! "according to the value" means according to
situation - whether it is near to, or far from (Jerusalem) ("likroba
urkoka"); and from these premises is further deduced an agreement
between the dictum of Rabbi Eliezer, who said that inequalities should
be balanced with money, and that of Rabbi Joshua, who said that they
should be balanced by area. For, as explained by Rashi, he that received
the less fertile land was to be given more, and he that received the
more fertile land was to be given less; thus balancing by acreage - one
measure in Judea being the equivalent of five measures in Galilee. But
in the case of land disadvantageously situated, no such adjustment was
possible, as mere increase in the size of a cornfield or vineyard did
not bring it nearer to the Capital.
Here, therefore, prevailed the decision of Rabbi Eliezer that the
adjustment should be made by money; ("bekesef") that is to
say, that he whose land was nearer the city should pay into the common
treasury the estimated excess of value pertaining to it by reason of its
superior situation; while he whose land was less valuable, by reason of
its distance from the city, should receive from the treasury a money
compensation. In this, then, we see affirmed clearly the doctrine that
natural advantages are common property, and may not be diverted to
private gain. Upon the more valuable holdings was to be imposed a tax,
the measure of which was the excess of their respective values over a
given standard; and the fund thus created was to be paid out in due
proportions to those whose holdings were in less favorable locations.
But still more emphatic upon the point of common ownership in natural
opportunities is a passage in "Baba Kama" 81, A. Here is also
discussed the allotment of land by Joshua, and it is stated that
individuals were given possession of their respective shares, subject to
certain reserved rights of the public. For example: Every citizen was
entitled to fish in every stream, no matter through whose land it might
run; but the fishers, on the other hand, were not allowed so to dispose
their nets as to obstruct the waterway. If the common roads were
impassable, one might travel through the fields adjoining the roads,
even though he trampled down the grain or destroyed the vines; on the
traveler, however, rested the obligation to do no damage that was
avoidable. More significant, however, than either of these reservations,
is the provision that if a well should be found on land allotted to an
individual, it should be subject to common use by all citizens ("bene
ha'Ir"). The same reasoning, of course, that would make common
property of a well of water discovered upon land in private possession,
would apply to a well of oil, a vein of coal, or any other natural
treasure. Under such a system the mineral wealth of a country would
belong to the common treasury, not to the owner or user of the surface
soil.
Had this been the law of the United States, many of the issues that now
occupy politicians and plague the people, could not have arisen. The "silver
question," for example, would have had no pertinence; the Standard
Oil Company could not have come into being; import duties on coal and
iron would not have seemed necessary even to the most ignorant dullard;
and the political corruption that has flowed from trusts and tariffs and
other monopolies and special privileges might have been avoided. (To
these old questions might now be added that of "hydro-electric"
power rights - as at Muscle Shoals and Niagara.)
The conditions under which we live, the diversity of industries, the
great development of cities, the complexity of social organization,
necessarily render inadequate to present needs, the crude machinery that
sufficed (in theory) for a more primitive age and people; but the
principle of compensating the community for the possession of special
advantages, not the result of one's own ability or industry, can be
applied in another way. By taking for public use the rental value of
land, and devoting this revenue to public works and the administration
of justice, the end held in view by Moses and the Rabbis, which may be
tersely expressed as "The common wealth for the common weal,"
may easily and effectively be achieved. This is the proposition known as
"The Single Tax," the only scheme of taxation founded upon the
desire to do absolute justice to all.
The difference between the Talmudic System, and the "Single Tax,"
System is this: Under the Talmudic System, the land having been divided
by lot among individuals (or families), an average value of land was to
be ascertained; and the holders of more or less valuable allotments were
to pay into, or receive from, the treasury, the excesses or deficiencies
respectively. An approximate equalization of land-holdings could thus be
effected; but a fund for common expenses would not be provided; and
hence taxes upon the products of industry (tithes and the like) would
have to be imposed. In a primitive society such a plan might have
answered well; and if it was ever put into practice, probably did
prevent some of the worst evils of monopoly, class rule and pauperism
from arising among the Jews. But the power to tax industry was a fatal
defect and so proved when Theocracy gave way to monarchy. Samuel foresaw
and warned against the exactions of kings, and as a matter of historical
fact, in the days of Rehoboam, taxation had already become so onerous as
to cause rebellion.
Under the Single Tax System there would be - since it deals with
present and not past conditions-no allotment of land; but whoever might
happen to hold land, (irrespective of the manner by which it came into
his possession), would pay into the common treasury the annual rental of
his holding; he that had more valuable land paying more, he that had
less valuable land paying less. In other words, land would be treated as
common property, and whoever held it would pay - not to a private
landlord, but into the common treasury - "ground rent" in
proportion to the value of his holding. From the fund thus created,
however, payment to individuals would not be made except in return for
services (goods or labor) rendered by them to the community. It would be
used for the communal (governmental) expenses, and hence there would
arise no necessity for the imposition of other taxes.
Thus, in reality, the "Single Tax" is not a tax at all. Its
advocates would abolish all taxes, all burdens upon industry, taking for
common use only the common property - the annual rent of the bare land
without improvements. Since each individual would pay to the community
in exact proportion to the benefits received by him, and receive pay
from the community in exact proportion to the service rendered by him,
the system would give "equal rights to all, but special privileges
to none."
It may be added that the simplicity of this "causal remedy"
for diverse conditions of social disorder - "unemployment"
among others - has hitherto prevented its adoption and there seems no
likelihood of an early change in this respect, Henry George, when asked
why so little practical result followed the recognition by the
intellectual world of his doctrine, answered: "The people who think
haven't suffered enough; and the people who suffer - can't think."
The world will probably have to suffer much longer from preventable
economic evils before there is an adequate recognition of their cause
and remedy.
It may be interesting to add further, that Spinoza (Political Treatise;
Elwes translation; Bohn edition, 1889, Vol. 1, pages, 319, 336, 350,
373,) points out that a single tax on land values is the proper fiscal
system for (absolute) monarchies and for democracies; while oligarchies
can maintain themselves in power only when the members of the ruling
class own the land, and appropriating the ground rent for their private
use, impose various taxes on the citizenry. This results from the
obvious fact that ownership of the land is necessary to power. In a
monarchy the power belongs to the king; in a democracy to the government
representing the whole people; in an oligarchy to the members thereof.
Hence payment of ground rent is to be made to the king, to the popular
government, or to the aristocrats (oligarchs) according to the character
of the State.
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