AI en Translation, Pages 551-575
Page 551
Presidency of the Jewish Community
in Baghdad
Number ⟦line⟧
Telephone Number { 3531
Date ⟦line⟧
5452
⟦line⟧ Subject: Request for copies of the Endowment Deed 110 / 1936 ⟦line⟧
To
His Excellency the Judge of Personal Status in Baghdad, the Respected
Baghdad
Presented to your Excellency
Due to the current necessity, I request your order to provide me with two certified copies of the Endowment Deed
issued by your esteemed court on 20 / 8 / 1936, file number 110 / 1936
and serial number 131
With much respect to your Excellency,
Rabbi Sassoon Khadhuri
Acting President of the Community
Page 552
Presidency of the Jewish Community
in Baghdad
Number T/ ⟦...⟧
Date 5/2/1956
Subject - Liquidation of the Jewish Women's Charitable Society
for the Relief of the Blind in Iraq
His Excellency, the First Judge of the Baghdad Court of First Instance, Respected
Baghdad
⟦10⟧
With reference to your letter numbered 1231 and dated 5/2/1956
In view of what was stated in your aforementioned letter regarding the consideration of the house numbered 65/137, sequence 458 Torah,
as an endowment (waqf) for the Jewish Women's Charitable Society for the Relief of the Blind in Iraq (or as it was named
thereafter - the Society of the Home for the Relief of the Blind - Silas Kadoorie -), we found it necessary
to list below the text of the endowment deed issued by the Court of Personal Status in Baghdad dated
20/8/1936, number 110/936, and this is its literal text:-
"This endowment shall be used as a shelter for the blind and shall be called the Silas Kadoorie Institute for the Blind, and if
this institution ceases to exist at any time and as long as it remains non-existent, the aforementioned
endowment shall be leased for an appropriate fee and used in another manner, and its revenue shall be spent first on the repair and restoration
of the aforementioned endowment, and the surplus shall be spent on the same entities designated in the endowment established by Sir
Ely Kadoorie, known as the Rimah Kadoorie Eye Hospital, according to its specific endowment deed."
It appears from the texts of the endowment deed recorded above that the endower clarified and designated the entities for which the
mentioned house is endowed, and the dissolved society under discussion had no connection to it, nor did he grant it to them or endow it to them
in any way, whether under its old name (Jewish Women's Charitable Society
for the Relief of the Blind) or its updated name (Society of the Home for the Relief of the Blind - Silas Kadoorie).
As for the decision taken by the dissolved society to amend its name and make it (Society of the Home for the Relief of the Blind
Silas Kadoorie), it does not affect the aforementioned endowment from the following aspects:-
1- The decision of the dissolved society is not a ground for acquiring ownership, nor does it affect the acquired rights
of others.
2- It does not have the legal power to cancel the land registry (Tabu) entry or amend the endowment deed and transfer the ownership of the house under
discussion to the dissolved society or make it endowed to it, contrary to the condition of the endower.
3- The text stating that the house is used as a shelter for the blind and is called (the Silas Kadoorie Institute for the Blind)
is a different entity from (the Society of the Home for the Relief of the Blind - Silas Kadoorie).
4- Changing the name of the society and making it in the name of the Society of the Home for the Relief of the Blind - Silas Kadoorie was
in view of the assistance provided by Sir Ely Kadoorie to this society, and creating some similarity between
its name and the name of the institute does not authorize this confusion to change the land registry entry and the wording of the endowment deed
by making the house endowed to the dissolved society.
Page 553
- 2 -
5 - In view of the above, we hope that your Excellency will be kind enough to scrutinize the matter from its legal aspects
in light of what we have presented above and to reconsider the request contained in your letter referred to above.
Please accept our highest respect.
⟦1214⟧
Rabbi M. Sassoon Khedhouri
Acting President of the Community
Page 554
⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧
The Lawyer
Sion Gigi
Telephone 84060
Subject - The house sequence 458 Torat
Silas Kadoorie Institute for the Blind
⟦line⟧
Honorable President of the Israelite Community
Baghdad
With reference to the communication ending with the letter of His Excellency the First Judge of the Baghdad Court of First Instance numbered
1331 and dated 5 / 2 / 1956, requesting the sending of the rent for the house numbered 65 / 137
Taht al-Takiya, considering it an endowment to the Association for the Relief of the Blind.
I had the honor of meeting His Excellency the First Judge, and after deliberation and reviewing the communications,
I found the following:-
The Israelite Women's Charitable Association for the Relief of the Blind in Iraq took a decision
on 5 / 8 / 1935 to amend the name of the association and make it (The Blind Institution House - Silas Kadoorie)
and accordingly, a marble plaque with this name was built on the door of the mentioned house.
On 20 / 8 / 1936, i.e., one year after the amendment of the association's name, the mentioned house was endowed
and it was stipulated that it be (a shelter for the blind - and called the Silas Kadoorie Institute for the Blind) and on the date
of the endowment, the mentioned association was occupying the mentioned house and remained occupying it until the date of its dissolution,
i.e., for a period of about twenty years.
Therefore, the intention of the endower was clear, which is to endow the house for the purposes of this association,
and the consideration is for the purposes and meanings, not for the words and structures. In view of the above, the court decided to consider the house
mentioned as an endowment for this association, and it has the right to request the sending of its rent and the application of the Law of Associations
to it.
As for my opinion, it is stated in the draft of the attached reply, and I hope you will kindly look into it.
With much respect to your Excellency.
Lawyer Sion Gigi
⟦illegible⟧
Page 555
24/4/52
857/22
110
His Excellency the Honorable Judge of Personal Status
Baghdad
Pursuant to the Waqf deed issued by your esteemed court dated 25/4/1945 and numbered 44/126
Mr. Meir Yaqub Rubin Al-Sayegh had endowed his two houses numbered 148/113 and 150/113
located in the Qanbar Ali neighborhood, and stipulated that the guardianship (Tawliya) over the mentioned Waqf be for himself as long as he lives and
after him to the head of the management committee of Meir Elias Hospital, and as an overseer (Nazir) over it, the head of the Spiritual Council
of the Jewish community in Baghdad. If Meir Elias Hospital ceases to exist, the guardianship returns to the head of the Lay Council
in Baghdad.
As for the endower (Waqif) who stipulated the guardianship for himself, the named Meir Yaqub Rubin Al-Sayegh, he
has traveled outside Iraq and his Iraqi citizenship has been revoked, and the guardianship over the mentioned Waqf has become
vacant due to the inability of the aforementioned person to exercise the guardianship. Since the revocation of Iraqi citizenship from the guardian
is considered a legal death, the guardianship in such cases passes to whoever succeeds him in the guardianship, who is the head of the committee
managing Meir Elias Hospital under the supervision of the Spiritual Council. In view of the contraction of the community's formations
and the occupation of the mentioned hospital by the Ministry of Health, and there is no longer a committee to manage the mentioned hospital
nor a Spiritual Council for the Jewish community in Baghdad in the manner stipulated in the Law of the Jewish Community
in Baghdad No. 77 of 1931, therefore the guardianship has passed to Mr. Farid Daoud Samra,
Head of the Management Committee of the Jewish Community in Baghdad, which is managing what was entrusted to the Lay Council to perform
in accordance with the Jewish Community Law No. 77 of 1931, according to the order issued by the venerable Ministry of Justice
numbered 1944 and dated 24/11/1953. Accordingly, we request the issuance of a decision appointing Mr.
Farid Daoud Samra, the aforementioned, as guardian over the two houses endowed by Mr. Meir Yaqub Rubin
Al-Sayegh according to the deed mentioned above and the issuance of the necessary deed for that.
With our utmost respect to your Excellency,
Rabbi Sassoon Khedhouri
Acting Head of the Community
Page 556
Presidency of the Jewish Community
in Baghdad
Telephone Number: 3531 / 5452
Number:
Date:
Subject:
His Excellency the Honorable Judge of Personal Status
Baghdad
According to the endowment deed issued by your honorable court on 25/4/1945, number
126/44, Mr. Meir Yaqub Rubin al-Sa'igh had endowed his two houses numbered 148/113 and
150/113 located in the Qanbar Ali neighborhood, and stipulated that the trusteeship of the mentioned endowment
be for himself as long as he lives, and after him to the head of the management committee of Meir Elias Hospital, with the
Head of the Spiritual Council of the Jewish Community in Baghdad as supervisor. If Meir Elias Hospital ceases to exist, the
trusteeship reverts to the Head of the Lay Council in Baghdad.
As for the endower who stipulated the trusteeship for himself, the named Meir Yaqub Rubin al-Sa'igh,
he has traveled outside Iraq and settled in Israel, and his Iraqi citizenship has been revoked. Thus,
the trusteeship of the mentioned endowment has become vacant due to the inability of the aforementioned person to exercise the trusteeship. Since the matter of the revocation
of Iraqi citizenship from the trustee is considered a legal death, the trusteeship in such cases devolves to whoever
succeeds him in the trusteeship, which is the head of the management committee of Meir Elias Hospital under the supervision of the Spiritual Council. Given
the change in the community's structures and the occupation of the mentioned hospital by the Ministry of Health, there is no longer a committee
for the management of the mentioned hospital, nor a Spiritual Council for the Jewish Community in Baghdad in the manner stipulated
in the Law of the Jewish Community in Baghdad No. 77 of 1931. Therefore, the trusteeship has devolved
to Mr. Farid Daoud Samra, Head of the Management Committee of the Jewish Community in Baghdad, which is currently managing what
was entrusted to the Lay Council to perform according to the Jewish Community Law No. 77 of 1931, as per
the order issued by the esteemed Ministry of Justice numbered 1944 and dated 24/11/1953. Accordingly,
we request the issuance of a decision appointing the aforementioned Mr. Farid Daoud Samra as trustee over the two houses endowed
by Mr. Meir Yaqub Rubin al-Sa'igh according to the deed mentioned above, and the issuance of the necessary deed
to that effect.
With our utmost respect to Your Excellency,
Rabbi Sassoon Khedouri
Acting Head of the Community
Page 557
T / 662 / 56
22 / 2 / 1957
111
His Excellency the Judge of Personal Status in Baghdad, the Respected
Baghdad
Presented to your Excellency:
According to the endowment deed issued by your respected court on 2 / 8 / 1936, file number
110 / 1936 and serial number 131, Sir Elly Kadoorie had endowed the three houses
located in Al-Tawrat in Baghdad, numbered with door numbers 65 / 137, 65a / 137, and 65s / 137
Land Registry serials 458, 4 / 460, and 2 / 460, and stipulated that the guardianship be in the hands of Ibrahim Daoud Nahoum
for the duration of his life, and after him, it shall revert to the Head of the Jewish Community in Baghdad. Since the aforementioned guardian
has traveled outside Iraq and his Iraqi citizenship has been revoked, the guardianship
over the mentioned endowment has become vacant due to the inability of the aforementioned person to exercise the guardianship. Since the revocation of
Iraqi citizenship for the aforementioned person is considered a legal death, the guardianship in such cases passes to his successor
in the guardianship, who is the Head of the Jewish Community in Baghdad. Since I am now the Head of the Jewish
Community in Baghdad in an acting capacity, according to the text of the Ministry of Justice order No. 746 dated
31 / 10 / 1953, I have become the guardian of the mentioned endowments according to the text of the deed referred to
above. Therefore, we request your order to issue a decision considering me the guardian of the endowments of Sir Elly Kadoorie mentioned
above and to issue the necessary deed for that.
With much respect to your Excellency,
Rabbi Sassoon Kadoorie
Acting Head of the Community
Page 558
Presidency of the Jewish Community
in Baghdad
Telephone Number (3531 / 5452)
Number:
Date:
Subject:
His Excellency the Judge of Personal Status in Baghdad, the Respected
Baghdad
Presented to your Excellency:
According to the Endowment Deed issued by your respected court on 2/8/1936, file number
110/1936 and sequence number 131, Sir Elly Khedhouri had endowed the three houses
located in Al-Tawrat in Baghdad, numbered with door numbers 65/137, 65A/137, and 65S/137,
Land Registry sequence 458, 4/460, and 2/460, and stipulated that the trusteeship be in the hand of Ibrahim Daoud Nahoum
for the duration of his life, and after him, it reverts to the President of the Jewish Community in Baghdad. Since the aforementioned trustee
has traveled outside Iraq and resided in Israel, and his Iraqi citizenship has been revoked, therefore
the trusteeship over the mentioned endowment has become vacant due to the impossibility of the aforementioned person exercising the trusteeship. Since the matter of
the revocation of Iraqi citizenship from the aforementioned person is considered a legal death, the trusteeship in such cases devolves
to whoever succeeds him in the trusteeship, who is the President of the Jewish Community in Baghdad. Since I am now the President
of the Jewish Community in Baghdad in an acting capacity according to the text of the Ministry of Justice order number 1746 dated
31/10/1953, I have become the trustee over the mentioned endowments according to the text of the deed mentioned
above. Therefore, we request your order to issue a decision considering me the trustee over the endowments of Sir Elly Khedhouri
mentioned above and to issue the necessary deed for that.
With greatest respect to your Excellency,
Rabbi Sassoon Khedhouri
Acting President of the Community
Page 559
Presidency of the Jewish Community
in Baghdad
Telephone No. { 3531 President
5452 Secretary
Number: 56/ ⟦7267⟧
Subject:
Date: 2/2/1956
112
His Excellency the Judge of Personal Matters in Baghdad, the Respected
After greetings,
Please provide us with a copy of the endowment deed issued by your esteemed court
under number 20/32 and dated 17/3/32 regarding the endowments of the Laura Kadoorie School for Girls
the Musawiyat ⟦line⟧ .
With highest respect to your Excellency,
Rabbi Sassoon Kadoorie
Acting President of the Community
Page 561
Baghdad Court of First Instance - Personal Matters
File Number 27 / Sh / 955
Outgoing Number 67
Date 15 / 1 / 1956
Incoming Number 2887
Date 17 / 1 / 56
112
To the Presidency of the Jewish Community in Baghdad
Further to our letter numbered 27 / Sh and dated 14 / 12 / 955
Since the husband Naji Khadhuri and the wife Naeema Abdullah have agreed to
perform the divorce ceremonies between them consensually according to your rituals by your presidency
Therefore, please summon both parties and perform the divorce ceremonies according to the religious
rituals and inform the court after their completion. Provided that the answer reaches us before 28 / 1 / 956
The Judge
Sadiq Haidar
Page 562
Baghdad Court of First Instance:
Outgoing Number:
Date: 4 / 12 / 955
Case Number: 27 / Sh / 955
To the Presidency of the Jewish Community in Baghdad
By agreement of both parties, the husband Naji Khadhuri and the wife Naeema Abdullah, before this court to carry out
the divorce between them consensually and to perform the ceremonies according to its rituals by your presidency.
Therefore, please summon both parties and perform the divorce ceremonies according to religious rituals and inform the court after their completion
provided that the response reaches us before the day 26 / 12 / 955.
The Judge
Sadiq Haidar
⟦illegible⟧
Page 563
Presidency of the Mosaic Community
in Baghdad
Telephone Number { 3531 President
5452 Secretary
Number: T / 7697 / 56
Subject:
Date: 19 / 3 / 1956
114
His Excellency the Judge of Personal Status in Baghdad, Respected
After greetings
Reference to your letter numbered 567 and dated 15 / 1 / 1956 under notification 27 / Sh / 955
On 18 / 3 / 56, both the husband Naji Khadhouri and the wife Naeema Abd
Allah attended the headquarters of this Presidency, and the divorce ceremonies were performed for them according to the Mosaic Law rituals, and thus they have become legally divorced.
Please accept the highest respect
On behalf of
Rabbi Sassoon Khadhouri
Acting Head of the Community
7327
76 / ⟦illegible⟧ / 553
Hakham Bashi Council
in Baghdad
Number 76 / ⟦illegible⟧ / 553
Date ⟦illegible⟧
Based on your request dated November 17, year ⟦illegible⟧
That ⟦illegible⟧ daughter of ⟦illegible⟧ was born in Baghdad in the ⟦illegible⟧ neighborhood in the year ⟦illegible⟧ as recorded in our registers
⟦illegible⟧ registered in the register ⟦illegible⟧ and page ⟦illegible⟧ number ⟦illegible⟧ in our registers
She is the daughter of ⟦illegible⟧ and his wife ⟦illegible⟧ according to ⟦illegible⟧ registered in our registers under number ⟦illegible⟧
⟦illegible⟧ on 26 / 6 / 553 and this was written based on her request ⟦illegible⟧
Hakham Bashi
in Baghdad
⟦illegible⟧
Page 566
Baghdad Court of First Instance:
Outgoing Number: ⟦line⟧
Date: 22 / 10 / 52
File Number: - / 195
To the Presidency of the Jewish Community in Baghdad
Based on the statement submitted to this court dated 19 / 10 / 52
stating that upon the death of the late Nassim ⟦Al-Wajee⟧ leaving behind the two minors ⟦Tawfiq⟧
and Majd, the children of Yamin bin Yusuf, and upon his death the guardianship of
the two minors has become vacant, and they nominate Nassim Edouard bin Yusuf Nassim.
Therefore, it was ⟦decided⟧ please inform us of your opinion regarding the appointment of
the aforementioned as a guardian over the two minors, based on the second
paragraph of Article (58) of the Minors' Property Administration Law.
⟦signature⟧
The Judge
Sadiq Haidar
Personal Status Court
Presidency of the Jewish Community
Incoming
Number
Date
Page 567
Presidency of the Jewish Community
in Baghdad
Telephone Number | 3531 President
| 5452 Secretary
Number: T/ 56/
Subject:
Date: 26 / 10 / 1956
His Excellency the Judge of Personal Matters in Baghdad, Respected
After greetings,
Reference to your letter numbered 9981 and dated 22 / 10 / 1956
And based on the second paragraph of Article 58 of the Minors' Property Management Law, this
Presidency supports the nomination of Mr. Nassim Adoreen Yamin Youssef Nassim to be appointed as guardian over
the two minors Farouk and Jahla, children of Yamin bin Youssef, due to Mr. Nassim Adoreen Yamin
Youssef Nassim's qualifications, fitness, and capability to manage the affairs and interests of the minors mentioned
above.
Please accept our highest respect
On behalf of
Rabbi Sassoon Khedhouri
Acting President of the Community
317
Page 568
To the Honorable Judge of Personal Matters
After greetings:
Based on your letter numbered 9982 and dated 56
And based on the second paragraph of Article 58 of the Law of Administration of Property
of Minors, this Presidency supports the nomination of Mr. Nassim Adwar bin Yusuf
Yusuf Nassim to be appointed as a guardian for the two minors Farouk and Najla
the children of Yamin bin Yusuf, due to the qualifications and fitness of the named Nassim Adwar bin
Yusuf Nassim for managing the affairs and interests of the
two minors mentioned above.
⟦Presidency of the Mosaic Community in Baghdad⟧
Please accept our highest respect
The Rabbi
Page 569
Presidency of the Jewish Community
in Baghdad
Telephone No. { 3531 President
5452 Secretary
Number: T/56/887
Subject:
Date: 12/9/1956
118
His Excellency the Judge of Personal Matters in Baghdad, Respected
After greetings,
With reference to your letter number 137 Sh/1956 dated 7/24/1956;
There appeared at the headquarters of the Presidency on 12/9/56 both the husband Yehuda Elisha Sofer and the wife Alice
daughter of Shaul Salih Shlomo Daoud, and the divorce ceremonies were performed for them according to the rituals of Mosaic Law,
and by this they have become legally divorced.
Please accept our highest respect.
582
Rabbi Sassoon Khedhouri
Acting President of the Community
A copy to:-
Registrar of Engagement and Marriage Contracts - for information
I received the letter along with the letter received from the Court of Personal Matters
Notice 137 Sh/956 past, and on it the signature ⟦illegible⟧
12/12/956
Page 570
Presidency of the Jewish Community
in Baghdad
Telephone Number { 3531
5452
Number :: T / 2712 / 56
Date :: 15 / 5 / 1956
Subject:
His Excellency the President of the Court of Cassation of Iraq, the Respected
After greetings
Please provide us with copies of the cassation judgments for the appealed cases
And the matter is for Your Excellency to decide
Rabbi Sassoon Khedouri
Acting President of the Community
⟦signature⟧
Page 573
ADVOCATE
SION S. JIJI
No. 30/240 As-Samawal Street
Baghdad.
TEL. NO. { OFFICE 83759
RESIDENCE 7468
Advocate
Sion Jiji
Khan al-Shabandar 30/240 Al-Samawal Street
Telephone No. { Office 83759
Residence 7468
Date ⟦line⟧ Date 11/28/1956
Subject - Laura Kadoorie Association
His Excellency, the President of the Honorable Jewish Community
Baghdad
Greetings and respect,
The Secretary has referred the letter from the Court of First Instance No. 10805 dated
11/12/1956, attached herewith, for a response.
I have drafted the reply, and if Your Excellency approves it, I request your signature.
With further respect to Your Excellency;
Sincerely,
Advocate Sion Jiji
⟦signature⟧
⟦illegible⟧
Page 574
Baghdad Court of First Instance
1815
12 / 11 / 956
12
Subject / Liquidation of the Laurie Kadoorie Association /
To
The Presidency of the Jewish Community in Baghdad
Reference to your letter No. T / 361 / 56 dated 23 / 5 / 956
First - We confirm for the fourth time our letters numbered 3822 and 4555 dated 15 / 4 / 956 and 5 / 5 / 56
regarding sending the rent for the house sequence 508, Al-Tawrat neighborhood, which is leased to the Directorate of Social Services
by you for an annual rent of one thousand dinars for the period starting from 15 / 1 / 953 until
14 / 1 / 957.
Second - Please also deposit the amounts resulting from the rent of the property sequence 357 into the fund of this court
and state the name of the tenant, the date of the lease contract, and the amount of the annual rent, provided that your response reaches us
along with the amounts in your possession as soon as possible. <del>⟦illegible⟧</del>
First Judge of the Baghdad Court of First Instance
Ibrahim Wasfi Rafiq
A copy of it to: -
Ministry of Social Affairs - your letter No. 4239 dated
29 / 4 / 956 requesting not to pay the rent
of the house leased by the Directorate of
General Social Services to the Presidency of
the Jewish Community in Baghdad for
the year 58 and to deposit it with the fund of this
court directly.
No. 2942
Date 21 / 11 / 956
Page 575
Presidency of the Jewish Community
in Baghdad
Telephone Number { 3531 President
5452 Secretary
Number: T / 57 / ⟦78⟧
Subject:
Date: 17 / 1 / 1957
His Excellency the Judge of the Baghdad Court of First Instance, Respected
After greetings,
With reference to your letter numbered 576 and dated 16 / 1 / 57 under file number 56 / 1140
We are sending to your respected court a check for the amount of - / 500 Dinars under number 251989 and dated
17 / 1 / 1957 drawn on the Eastern Bank Limited.
Please accept our highest respect
Rabbi Sassoon Khedhouri
Acting President of the Community
A copy to :-
Mr. Jamil Heskel Sha'toub, with reference to his letter dated 17 / 1 / 957 for information