Page 201
Number 1711/643
Date 23 January ⟦...⟧
Musa
Plaintiff: Helena Shaul Qaragulla, her attorney Sassoon/Shlomo David
Defendant: Baruch Selim Khedhouri Azagi, his attorney Zion Isaac Hamsha
The Jewish Religious Court in Baghdad issued a judgment in the presence of the plaintiff Helena Shaul
Qaragulla, ordering her husband, the defendant Baruch Selim Khedhouri Azagi, to pay a monthly alimony
of five dinars, to be received by his wife, the aforementioned plaintiff Helena, from her husband, the aforementioned
Baruch Selim, monthly starting from July 2, 1940.
⟦M. Reem⟧
President of the Jewish Religious Court
in Baghdad
Page 202
Copy
Based on the request of Mr. Selim Khadouri Raddah in his capacity as: guardian
for his minor brother Edward Selim Khadouri Raddah and based on the decision of this court and based
and accordingly, we have sold to him the entire share of the aforementioned minor amounting to 17 carats and eight-tenths
of a carat out of 24 in the house and land numbered as property No. 5/141 Al-Bustan for a price of one hundred
⟦Ottoman⟧ gold liras which we have received in full, so the aforementioned sale became his and he has the right to dispose of his property as owners dispose
of their properties, and we have also authorized him to exercise our right in the attic numbered 6 of the house mentioned above and accordingly
Written
The Hakham Bashi in Baghdad
Sassoon
Page 203
The Lay Council of the Jewish Community
Baghdad
Number:
Date: 20 April 939
Subject: Regarding the affixing of stamps on receipts, salaries
and allowances
To all departments and institutions of the community
We draw your attention again to following the following rules regarding the stamps that must be affixed to
salary and allowance receipts
1 - A stamp worth 8 fils shall be affixed to every receipt for an amount exceeding one dinar
2 - An employee whose salary does not exceed three dinars and 900 fils is exempt from the stamp duty
3 - There is no need to affix a stamp on receipts submitted by institutions to the Lay Council
against checks for amounts distributed to employees according to a payroll kept in the same institution
4 - There is no need to affix stamps on receipts related to the pensions of needy widows
and their assistance, orphans, and needy employees;
⟦illegible⟧
President of the Council
A
Page 204
The Lay Council of the Israelite Community
Baghdad
Number:
Date: 20 April 1939
Subject: Regarding the affixing of stamps on receipts, salaries
and allowances
To all departments and institutions of the community
We draw your attention again to following the following rules regarding the stamps that must be affixed to
salary and allowance receipts
1 - A stamp worth 8 fils shall be affixed to every receipt for an amount exceeding one dinar
2 - An employee whose salary does not exceed three dinars and 600 fils is exempt from the stamp duty
3 - There is no need to affix a stamp on receipts submitted by institutions to the Lay Council
in exchange for checks for amounts distributed to employees according to a payroll kept in the same institution
4 - There is no need to affix stamps on receipts related to the retirement pensions of needy widows
and their assistance, orphans, and needy employees;
⟦H. S. Rouben⟧
For the President of the Council
Page 206
( 1 )
The Israeli Special Council
Case No. 3
Date of Decision 1/1/⟦illegible⟧
Based on the judicial decision issued by His Excellency the Minister of Justice on the 11th day of February
year 946 regarding the referral of the lawsuit of Heskel Murad Shatoub and his fiancée Nazima Daoud Balas to the Special Council
for consideration - the aforementioned Special Council convened under the chairmanship of Rabbi Raphael Isaac Hayyim, the eldest member
by age, and with the membership of Rabbi Yehoshua Heskel Moshe, Rabbi Daoud Ezra Safi, Rabbi Daoud Shaul,
and Rabbi Yosef Hayyim Moallem Ezra, as stated in the letter of His Eminence the President of the Israeli Community in Baghdad dated
August 2, 1946, No. 8935, which included the letter of His Excellency the Minister of Justice dated 7/28/46
and dated A/45/232, at the building of the Israeli Religious Court in Baghdad. After reviewing the two files
numbered 705/91 of the Israeli Religious Court in Baghdad and 403/361 of the Spiritual Court of Cassation
of the Jews regarding the aforementioned lawsuit, and the issued judicial decisions and other documents - it
has become clear to this Council that His Excellency the Minister of Justice, in letter No. A/45/16 dated 5/16/945
addressed to the President of the Israeli Community in Baghdad, had sent a copy of the decision of the Legal Codification Bureau dated
5/14/945, which stated: (This case must be considered within the scope of right and interest, especially since the report
under discussion does not inspire confidence and its content cannot be believed, as the aforementioned report states:
"Miss Nazima Daoud Balas must remain here in the Kingdom for medical treatment and it is impossible for her
to go to another kingdom because that would result in great danger to her health. It is necessary for her
to marry, and after that she must remain here in the Kingdom for medical treatment, and thus her health will become
good.") And the aforementioned Bureau sees (that such a report cannot be considered in any way a medical report
upon which the court can base its ruling because it was devoid of a statement of the disease, its severity, the method of
its treatment, and the danger that would befall the patient as a result of leaving Palestine).
Upon examining file No. 705/91, it became clear to this Council that the Religious Court
on 6/18/45 - i.e., ⟦illegible⟧ after the letter from the Ministry of Justice referred to above - issued a judgment
in absentia against the fiancé Heskel Murad Shatoub, ordering him to pay an amount of fifteen dinars as monthly alimony to
his fiancée Nazima Daoud Balas. It appeared that the fiancée's attorney had submitted on the mentioned date - in addition
to the first medical report dated 1/3/45 - a medical report in the English language written in Jerusalem and dated
6/8/45, certified there by the Iraqi Consulate under No. 66 and dated 6/9/45,
this is its translation: (The girl Nazima Daoud Balas is suffering from rheumatism with heart dilation and liver enlargement.
Her stay here is necessary and she must remain in bed as there is danger to her heart if she walks and danger to her life
if she travels). The fiancé objected to the aforementioned judgment in absentia, but the Religious Court, as a result of the
ongoing proceedings, confirmed the aforementioned judgment in absentia on 11/5/45. Also, the Spiritual Court of Cassation issued
on 12/31/945 a decision confirming the judgment of the Religious Court, referring to its decision taken on 8/12/945
under No. 361 as stated in file No. 403/361, based on the medical report dated
8/8/⟦illegible⟧ stating that the fiancée is suffering from rheumatism, etc...
Page 207
1489
47
Plaintiff: Naeema Shashi Dasht, her representative Saleh Shallo
Defendant: Shaul Yaqub Haddad, his representative Ezra Bano
The Israeli Religious Court in Baghdad issued a judgment in the presence of the plaintiff
Naeema Shashi Dasht, ruling against her fiancé, the defendant Shaul Yaqub Haddad,
to pay a monthly alimony of two Dinars and five hundred Fils, starting
from May 4, 938 (thirty-eight).
7/20
⟦Musa⟧
President of the Israeli Religious Court
Baghdad
Page 208
First Party - Salman Daniel, Chairman of the Administrative Committee for Iraqi Jews (acting as the Lay Council
for the aforementioned community in addition to this committee)
Second Party - Lawyer Mustafa Al-Ankarli
This agreement was organized after offer and acceptance between the two parties according to the following conditions:-
First - The First Party has appointed the Second Party for the lawsuit filed by the committee against Emil Saleh Shlemo in addition
to his father's estate in the Baghdad Court of First Instance under file number 1687 for the year 1955 regarding the collection of (120) dinars from
the estate of his aforementioned predecessor Saleh Shlemo, which is owed from the revenues of the Ezra Menachem endowments, and the delivery of the ledgers belonging to the Ezra endowments
to the trustee committee acting as the community council.
Second - The attorney fees agreed upon between the two parties, which the Second Party is entitled to for the aforementioned lawsuit, shall be in proportion to
the amounts that will appear in the papers and ledgers that the deceased Saleh entered into his liability as a result of the accounting audits
as follows:-
A - If it appears from the papers and ledgers that they contain five thousand dinars or less owed by the defendant's predecessor to the endowment,
the fee shall be a lump sum of three hundred dinars in addition to the proportional fees indicated below.
B - For what exceeds the first five thousand dinars up to a second five thousand dinars, the fee shall be (200) two hundred dinars.
C - For what exceeds the second five thousand dinars up to the third five thousand dinars or less, the fee shall be one hundred dinars.
D - For what exceeds the third five thousand dinars up to the fourth five thousand dinars or less, the fee shall be (100) one hundred
dinars.
E - For what exceeds the fourth five thousand dinars, i.e., (20,000) twenty thousand dinars and above, the fee shall be two percent,
provided that the total fee does not exceed one thousand dinars, including the lump sum fee.
Third - The Second Party has received in cash (150) one hundred and fifty dinars first and last, of which (75) dinars were from the hand of the administrator
of Kirkuk, Dr. ⟦...⟧, and (75) dinars from Salman Daniel, which is the first half of the lump sum fee. Upon the conclusion of the lawsuit
and obtaining a judgment in favor of the First Party and its reaching final status, the agent is entitled to the second half, amounting to (150)
one hundred and fifty dinars, in addition to the proportional fees indicated above.
Fourth - If a settlement occurs between the two parties in the aforementioned lawsuit before or after entering into the proceedings, the Second Party,
in addition to the lump sum fee, is entitled to proportional fees based on the settled amounts. If the lawsuit is abandoned by the Administrative Committee
after the issuance of the accounting report, likewise, in addition to the lump sum fee, he is entitled to proportional fees based on the amount that appears
in the accounting report, so the total fee he is entitled to in this case shall be (500) five hundred dinars only, including the lump sum
fee.
Fifth - The Second Party undertakes that every lawsuit branching from the subject of the same lawsuit mentioned above, which must be filed
by the Administrative Committee or filed against the said committee, the Second Party undertakes to carry it out by prosecution and defense in
the competent courts, provided that the adversary is the heir of Saleh Shlemo, and he has no right to demand a fee for it.
Accordingly, the agreement has been reached in the manner explained above, and this agreement was written in two copies to be in the hands of each of the parties.
One copy was written in Baghdad on 7 / 5 / 1959.
This agreement has the status of an official power of attorney ⟦...⟧ 7 / 5 / 59
Second Party First Party
Lawyer Mustafa Al-Ankarli Chairman of the Administrative Committee for Iraqi Jews