Supreme Court Hears Petitions Over Khirbet Tarfin Land and Antiquities
Two petitions submitted to the Supreme Court address Palestinian access to homes in Khirbet Tarfin, amid competing claims over illegal construction on a Second Temple period antiquities site in Binyamin.
Two petitions currently before the Supreme Court address Palestinian residents' access to homes and land in the Khirbet Tarfin area of Binyamin. In one case, two families from the village of Atara are asking authorities to order the evacuation of Israelis they claim have seized their homes near the Kfar Tarfun outpost, preventing them from returning.
According to the petition, following the establishment of the outpost in August 2025, blockades and threats against the families began. Subsequently, they claim, soldiers informed them the area was declared a closed military zone and they must leave, but even after the military clarified the closure order did not apply to them, Israelis continued to block their entry and took over the structures. In July 2026, they turned to the High Court of Justice with the assistance of the Yesh Din organization.
Archaeological Concerns and Antiquities Site
Alongside the families' claims, an issue arises concerning the structures themselves: the "Shomrim Al HaNetzach" organization claims that the two houses at the center of the petitions were built on a declared antiquities site, damaging archaeological remains, and that stop-work orders had been issued in the past. According to the organization, the Staff Officer for Archaeology issued the orders following construction work at the site, and enforcement actions and equipment confiscation were also carried out.
"The question of land ownership and the question of building legality are two separate questions," the organization emphasizes. "When structures are erected in the heart of an antiquities site and when stop-work orders have already been issued there, this information must be part of the full picture presented to the court."
Second Temple Period History and Binyamin Council Response
Khirbet Tarfin spans approximately 20 dunams, south of the village of Atara and north of Route 465. According to documentation presented by "Shomrim Al HaNetzach", evidence of settlement from the Early Bronze Age to the Middle Ages was found there, primarily from the Second Temple period - including column fragments, ashlar stones, and the remains of a church with a mosaic floor.
The site has not been systematically excavated and has suffered over the years from antiquity looting pits and illegal construction. As reported in Israel Hayom, back in November 2022 the Civil Administration enforced the law at the site and cleared two structures, but construction resumed later.
Binyamin Regional Council Head and Yesha Council Chairman, Israel Gantz, called on the state to intervene: "The damage to antiquities sites in Binyamin is a blow to our historical heritage. This is not only an issue of illegal construction, but a struggle to preserve the evidence of our connection to the land. We expect the state to act to stop the destruction and preserve the antiquities even in Area B."
