Kommentar zu Bereschit 23:4

גר ותושב אנכי עמכם I AM A STRANGER AND A SETTLER WITH YOU — A stranger having come from another land, but I have settled down amongst you. A Midrashic explanation is: if you agree to sell me the land then I will regard myself as a stranger and will pay for it, but if not, I shall claim it as a settler and will take it as my legal right, because the Holy One, blessed be He, said to me, (12:7) “Unto thy seed I give this land" (Genesis Rabbah 58:6).

I AM A STRANGER AND SOJOURNER WITH YOU. It was customary for them to have separate burial grounds for each family and one burial ground for the internment of all strangers. Now Abraham said to the children of Heth: “I am a stranger from another land and have not inherited a burial ground in this land from my ancestors. Now I am a sojourner with you since I have desired to dwell in this land. Therefore give me a burying-place for an everlasting possession just as one of you.” However, since Abraham used the word “t’nu (give), [which has the same root as matanah,” (gift)], they suspected that he desired it from them as a gift. They therefore answered him: “You are not regarded by us as a stranger or sojourner. Rather, you are a king. G-d has made you king over us, and we and our land are subservient to you. Take any burial ground you desire, and bury your dead there. It shall be unto you a possession of a burial-place forever since no one of us shall withhold it from you.”

גר ותושב אנכי, I have come from a distant land to sojourn here, but in the meantime I have made myself at home amongst you. Since I did not have parents here, I also have no ancestral burial plots.

גר ותושב, because I used to be a stranger here, I do not possess an ancestral burial ground. The word is used in this sense by Isaiah 22,16 ומי לך פה כי חצבת לך פה קבר, “whom have you here that you have hewn out a tomb for yourself here?”

גר ותושב אנכי. "I am a stranger and resident. Abraham's description of his legal status is based on Maimonides Hilchot Zechiyah U-matanah 3,11: Whereas one must not give a gift to an idolator, one may either give a gift or sell to a resident stranger (גר תושב) because the Torah writes: "the resident stranger let live by your side" (Leviticus 25,35). We need to appreciate that our holy Torah applies reason, and especially so in our conduct on this earth. Just as we Jews are commanded to deal with resident strangers in a humane manner, so reason dictates that people all over the earth should conduct themselves with one another in a like manner. It is a universal obligation to enable resident strangers to live undisturbed and to be able to receive gifts. It is this principle Abraham alluded to when he said: גר ותושב אנכי תנו לי, "since I am a resident stranger, give me, etc." He made a point of using the word גר, alien, not just תושב, resident, in order to emphasise that though he was an alien, the fact that he resided amongst them entitled him to what he requested. There is a spiritual dimension to Abraham describing himself as an alien. He did not consider it seemly for a human being to describe himself as a "resident" on this earth, seeing that he looked forward to a permanent status in another, higher life.

גר ותושב, I describe myself first and foremost as a stranger, seeing that I have come from another country. Yet I also describe myself as a resident, seeing that I have lived among you for many years and I intend to continue to remain among you. This is why I am asking you to give me some place within your country as an inalienable place to be mine and my son’s after me. At the moment I ask for only enough to bury my dead.

גר ותושב אנכי עמכם, “I am both a stranger and a resident amongst you.” What he meant was that as far as not having been born in the land of Canaan he was a “stranger,” so that he did not have a piece of earth that would serve as his burial ground by right. If he were to bury Sarah on a piece of land belonging to someone else, that someone could raise valid objections and even dig up the soil forcing him to rebury Sarah elsewhere. Nachmanides understands the prevailing custom as each family owning burial plots for members of their respective families, whereas for strangers (not born locally) there was a mass grave where all such people would be interred. Avraham pointed out that as far as local custom was concerned he was indeed a stranger, though he had lived in this land for over 60 years. Still, he had not inherited a burial site from his father as he had not lived in the land of Canaan. He now requested that he be given the benefits of the status of a resident. He did not want to deprive anyone of part of their ancestral holdings, but he required to own in perpetuity, in a manner that could not be challenged, a piece of ground wherein to bury his wife. The local inhabitants were under the mistaken impression that he requested to be given such a piece of land for free, seeing Avraham had used the expression תנו לי, “give me.” This is why they responded that his standing was such that no one would refuse to give him even a site he had earmarked for his own burial in the future. Such a piece of burial ground would indeed be deeded to him in perpetuity. Other commentators hold that just as Avraham had used the term תנו לי, “give to me,” as a figure of speech, never intending to receive such as a present, so when the locals used the same expression they also did not mean literally to give him such a burial place. When they used the expression במבחר קברנו, they did not refer to the “choicest,” but to a random grave site belonging to some family without adding anything about the final status of such a piece of land. Avraham paid strict attention to the nuances in the Hittites’ offer and proceeded to offer generous payment.

תנו לי אחוזת קבר עמכם, “let me have possession of a burial ground amongst you, etc.” It was the custom for every family to have its own field as a burial ground for its members, whereas they had set aside a special plot of land on which to bury aliens. This is what prompted Avraham to use the preamble: גר ותושב אנכי עמכם, “on the one hand I am an alien, seeing that I have come here from a distant land, and this is why I do not own a burial plot of my own. On the other hand, I have been very willing to become a resident amongst you, etc.”
They answered him: “Listen to us, my lord etc.” On the one hand they addressed him as a group, saying: “listen to us.” On the other hand, they continued with the singular “my lord.” The reason for this was that a single individual was conducting this conversation though he spoke in the name of a multitude. When this individual, i.e. the spokesman, continued by saying: “you are a prince in our midst, choose from the choicest of our burial grounds, etc.,” adding the compliment: “you are a prince of G’d,” he spoke in the name of the people who had made him their spokesman.
The term גר, “stranger, alien,” is demeaning, whereas the expression נשיא אלוהים אתה בתוכנו, “you are a prince of G’d amongst us,” is a compliment, contrasting Avraham’s stature amongst them with that of a stranger. They suggested that they themselves as well as their land was at Avraham’s disposal. (compare Genesis 47,19 where loss of land is equated with the status of subservience). As a result of their considering Avraham as royalty, he had the right to choose whatever piece of land he desired as his burial ground. Nobody would deny him even land he had previously reserved for his own eventual interment. When Avraham heard this, he immediately responded with the words: “if indeed you wish me to bury my dead, etc.” He meant that he had no intention of burying his dead in any unknown field; rather, he had a particular spot in mind for which they needed to speak to Efron son of Tzochar, the owner of that particular piece of property. This is Nachmanides’ version of what transpired here.

I am a foreigner (or “sojourner”) and a resident. A sojourner does not usually purchase a family burial plot because he does not intend on remaining. Conversely, a resident does not need to buy one because he possesses his own land. Avraham, however, has been a sojourner until now but would like to become a resident. That is why he is seeking to purchase a plot.

For God has told me, “To your descendants I will give this land.” You might ask: Rashi explained in Parshas Lech Lecha, on “The Canaanites and the Perizzites were then living in the land” (13:7), that Avraham did not yet have possession of the land. Does this not imply that Avraham did not have a portion in it as yet? The answer is: In the above verse, Avraham did not yet have children, but now he did. This is why Rashi states here that Hashem said to him: “To your descendants I will give this land” — and now he had descendants. Accordingly, [Avraham said to them]: “At least grant me the possession of a grave site, although my descendants are not yet ready to inherit the land, as they are still few.”

גור ,גר: bodenlos sein, nicht auf eigenem Boden sein, davon מגורָה, (und vielleicht auch גרֶן wie גרזן von גרז), wo das dem Boden entnommene Getreide aufgenommen wird. גור מפני ,לא תגורו מפני איש, vor jemandem zurückweichen, seinen Stand und Halt vor jemandem verlieren. — גר ותושב: Ich habe kein Recht an eurem Lande, wohne aber bereits lange unter euch. — אְַחוזָה. Wenn man dies ge- wohnlich als Ausdruck sür Besitz erklärt, weil "der Gegenstand gefasst" wird, so ist dies schwerlich zutreffend. אחוזה kommt nur vom Bodenbesitz vor, der ja eben nicht gefasst werden kann, nie aber von beweglichem Eigentum. Ferner wird Besitz nehmen mit אחז immer im Niphal ausgedrückt, והֵאָחזו בה. B. M. 34,10) ויֵאָחזו בה (das. 46,27), ונאחזו תבוככם ‎(4. B.M. 32,30). Es wird also nicht der Gegenstand von dem Besitzer, sondern der Besitzer durch den Gegenstand gefasst und festgehalten, und das ist in der Tat beim Landbesitz der Fall. Der Boden trägt den Eigner, der Mensch wird durch ihn gefesselt, deshalb ist auch קרקע Bürgschaft für ihn, deshalb auch wohl z. B. אין נשבעין על הקרקעות. Im Schwur setzt der Mensch sich und alles Seine, alles in seine Persönlichkeit Aufgehende, der strafenden Vernichtung aus, wenn sein Wort nicht wahr ist, oder er sein Wort nicht wahr macht. Nur beweglicher Besitz geht aber in die Person auf, sie kann ihn selbst in jedem Augenblick vernichten. Der unbewegliche Besitz aber überdauert den Menschen, dieser geht in ihn auf, aber nicht umgekehrt. Er kann also nicht die Existenz des Bodens einsetzen für die Wahrheit seines Wortes.

גר ותושב אנכי עמכם, “I am a stranger as well as a resident amongst you.” A stranger because I came from a foreign land – and a resident because I intend to settle amongst you. Rashi suggests that Avraham also implied that if he were to be denied his request he would insist on his legal rights in the matter (by simply becoming a permanent resident). If you were to point out that according to what Rashi had explained on Genesis 13,7 where the Canaanites are described as the then residents of that land, that had been before he had become a father of children. (Such people cannot claim permanent resident status.) After all, G-d had not promised Avraham that he would inherit this land. He had only promised it to Avraham’s descendants. Now that Yitzchok had been born, he was entitled to inherit part of the Land.

אחזת קבר A POSSESSION OF A BURYING PLACE — means possession of land to serve as a burying place.

תנו לי אחוזת קבר, allocate to me a burial plot which will be mine in all future, deeded. He wanted to buy a plot of land for the express purpose of burying his dead. Such a piece of land deeded in perpetuity, i.e. אחוזה, required the approval of all the local populace. This matter becomes even clearer when Avraham tenders the money for the field and cave to Efron, the former owner, and the Torah goes on to laboriously describe the bureaucratic procedure that had to be followed until Avraham could lay Sarah to rest. (17-19)

תנו לי אחוזת קבר, “be agreeable to that I should possess a burial plot among you.”

ואקברה מתי מלפני, so that I can remove my wife’s body and bury it.

The possession of land to serve as a burial place. Rashi is answering the question: How can the word אחוזה apply to a grave, which is a cavity in the ground? The word אחוזה applies only to an object with substance! Therefore Rashi says an אחוזה of land to serve as a burial place. Accordingly, אחוזה refers to the land. But Re’m explains that [Rashi is answering the question:] The word אחוזה applies to land that is at a person’s disposal. How then can it apply to a grave, which is set aside for the dead? Therefore Rashi explains that [Avraham asked] them to give him land for an אחוזה, and he will make graves there.

ואקברה מתי מלפני, "so I may bury my dead one from before me." Abraham meant that he wanted to bury Sarah without delay. Furthermore, Abraham knew already that he would have to pay Efron a substantial price for a field not worth a fraction of the asking price, because it contained something he wanted. At the same time, he realised that once the local people would hear of the price he was prepared to pay they would conclude there must be a hidden treasure beneath that field that they did not know about. In order to forestall such speculations by the local population he emphasised already at this stage that he was only concerned with burying Sarah forthwith i.e. מלפני, and that because of the urgency of the matter he could not afford to haggle over the price. Under such circumstances, it did not matter how much he would have to pay, the locals would not mind and would not suspect him of ulterior motives.

אחוזה heißt also eigentlich: Niederlassung, der Akt des Seßhaftwerdens. Abraham bittet nicht um die Erlaubnis, sein Weib zu begraben. Sein Weib soll in ihrem bleibenden, ewigen Eigentum ruhen, darum erbittet er sich zuerst das Recht, zum behufe des Begräbnisses ein Stück Land zum bleibenden Eigentum zu erwerben. Er hat Jahre lang im Lande als Fremdling geweilt, hat bei aller seiner Begüterung nie einen Quadratschuh Boden zu erwerben gestrebt. Wanderschaft war ja seine Bestimmung. Das Bedürfnis, sein Weib zu begraben, bringt ihm die erste Notwendigkeit, Eigentum am Lande zu erwerben. Seines Weibes Grab soll die erste Fessel werden, die ihn an den Boden knüpft, die Stätte, die ihn an sich zieht und fesselt: אחוזה.

תנו לי אחוזת קבר, “give me a burial plot that will have the status of ancestral ownership.” Avraham meant that it would not be satisfactory to bury Sarah in a piece of land that was privately owned at that time, as the present owner or his heir could demand at any time in the future to plough over her remains and scatter her bones. However, if he would let me acquire a plot of land for a burial site I would not worry that he would plough it.

(3) MIL'FANAI [FROM BEFORE ME]. I will take it out from before me to bury it.