AI en Translation, Pages 101-125
Page 101
After studying the case from a legal perspective, we believe it is possible to reconcile the status of the association
and the legal text if the association amends its internal bylaws in the following manner:-
First - Repealing Article 2 of the association's bylaws and replacing it with the following:
"This association shall consist of seven persons in accordance with the second paragraph of Article Twenty-
Nine of the ⟦bylaws⟧ of the Israelite Community No. 36 of 1931, including a president from the members
of the Spiritual Council and six members from the laity, three of whom are elected by the Spiritual Council and the other three
by the Secular Council, and it shall operate under the supervision of the Spiritual Council. There shall be among the members a vice president,
a treasurer, and a secretary elected by the members of the association by a majority of votes."
Second - Repealing Article 7 of the association's bylaws and replacing it with the following:-
"This association is considered the committee intended in the second paragraph of Article 29 of the Israelite Community Bylaws
No. 36 of 1931, and it shall follow the provisions of the Israelite Community Law and the regulations issued under it
concerning it."
If the association carries out the aforementioned amendment, the association will remain as it is, and at the same
time the wording of Article 29 of the bylaws will be in effect.
Accordingly, we request that this report of ours be submitted to the esteemed Council for consideration. Respectfully,
The Subcommittee
Page 104
Subject - Hebra Qadisha Association
Honorable President of the Lay Council
Based on the discussion that took place regarding the Hebra Qadisha Association, I have studied the subject from the following aspects
and below are my findings about it.
Q 1 - Does the association's status comply with the articles of the Associations Law or not?
A 1 - The general concept of an association is a body composed of several members represented by the General Assembly, which
elects from among its members the Administrative Board to carry out its work in accordance with the association's bylaws. If we look
at the status of the Hebra Qadisha Association, we see it contradicts the concept intended for an association; however,
I found that its status can be aligned with the law in terms of the definition contained in Article Two
of the Law for the Formation of Associations No. 45 of 1922, which states: (An association is a body
composed of several persons who have united ⟦their efforts⟧, their knowledge, or their endeavors without the intent of profit.)
Since 'several persons' does not limit the members to a specific number, I therefore find no reason why
an association composed of seven people cannot be an association formed in accordance with the law; they are considered its members,
its General Assembly, and its Administrative Board.
Q 2 - Can the Hebra Qadisha Association, according to its current status, decide what it wants regarding the
un-endowed properties registered in its name?
A 2 - Given the regulations provided by ⟦(1)⟧, I see nothing preventing it from doing so.
Q 3 - Is it necessary to consult the Ministry of Interior regarding the amendment of the internal bylaws?
A 3 - Article 8 of the law stipulates the obligation to notify the Minister of Interior of any changes occurring in the association's bylaws
or its headquarters only, and it did not stipulate that the amendment is not considered valid until after approval.
The amendments made to the bylaws of the Hebra Qadisha Association are considered effective upon notification.
Q 4 - Can the tasks of the committee stipulated in Article 29-B of the Regulation of the
Israelite Community No. 36 of 1931 be entrusted to the association?
A 4 - If the association's tasks and composition agree with the text of the aforementioned article, there is no objection to assigning
the committee's tasks to it.
Member of the Lay Council
Lawyer Zion Gigi
Page 105
Baghdad, October 9, 1945.
The Honorable Lawyer, Mr. Heskel Salman Munir.
Greetings and respect.
I would like to draw your attention to the violations you have committed during the period of your work in
our association and the actions you have performed contrary to the bylaws, which have become intolerable to remain silent about due to their impact on
the progress of the association's work as desired. Therefore, I find myself faced with a fait accompli to remind you of a brief summary of the ⟦...⟧ violations
and behaviors harmful to the association's interests, as follows:-
First - It is a matter of surprise that while the association accepted your assistance in place of your father, who is an official member of it,
you have encroached upon many matters, including making yourself a vice president contrary to the method prescribed by the
association's bylaws. See article of the bylaws.
Second - You have exceeded the boundaries of your duties by interfering in secretarial matters for which I am responsible. See
Article 6 of the bylaws.
Third - You have entered into lease contracts for the association's properties without my knowledge or the association's knowledge.
Fourth - Whereas Article 9, paragraph (c) of the association's bylaws mandates that the association must decide the necessity of
spending and then spend it, contrary to this method, you spent amounts from the association's treasury. When the matter became clear,
you prepared a resolution for the actual expenditure and requested its signing, while I refused to sign.
Fifth - Whereas you and I bargained for the sale of the car belonging to the association according to the association's decision,
and we concluded the sale and purchase without a broker. After we received the sale price, you invented the presence of a broker, who is your cousin
employed at the company's premises. Upon your persistence and plea, the association was forced, for the sake of the safety of its affairs, to pay
one and a half percent to this person who was not a broker and was in Basra at the time.
These actions and others we do not wish to mention in this haste demonstrate your violation of the association's bylaws
and your lack of concern for its interests. We have suspended proceedings until the arrival of the head of the association, who is outside Iraq, and we have sent
this letter to state the facts until you withdraw from the association, as its bylaws do not intimidate you from continuing
its activities. Otherwise, I will be forced to inform the Ministry of Interior. I request you to deposit the papers
and books belonging to the association in your possession with the specialized clerk as soon as possible to be kept at the association's headquarters according to procedures.
With much thanks and respect - Sir;
Secretary of the Association
Jabra Qadisha - Ezra Salman Nissan.
A copy of it to:-
" " " The head of the community, His Eminence Rabbi Sassoon Khadduri, for information.
" " " The President of the Lay Council for information.
" " " The association's clerk to carry out the task of receiving the papers and books.
For filing
⟦illegible⟧
Page 106
9121
25 / 11 / 946
Department Copy
Venerable Ministry of Supply
Greetings,
We attach herewith the original petition submitted to your venerable Ministry by the
Hevra Kadisha Society regarding providing it with textiles.
The aforementioned society is a religious charitable society that undertakes the upbringing of
its students, most of whom are orphans, with a religious education for the purpose of preparing them for religious positions. In view of
its humanitarian purpose, we hope your venerable ministry will include this society in your kindness and look
upon its request with compassion. Respectfully yours, with thanks in advance.
On behalf of
The Head of the Community
⟦illegible⟧
⟦signature⟧
25 / 11
Page 107
Department Copy
2622
22/11/946
To the Honorable Chairman of the Hevrat Disha Association Committee
Greetings,
We attach herewith the report of the auditor, Mr. Shawqi Yaqoub Dallal, dated November 11, 946, regarding your accounts for the year ending March 31, 946. We request you to provide your opinion on it, take the necessary measures to implement its findings, and submit the annual budget for your accounts as of March 31, 946, as a matter of urgency, please.
⟦signature⟧
The President
⟦illegible stamp⟧
⟦signature⟧
11/22
⟦Our Sraidna⟧
Page 109
Ministry of Supply
"Cotton and Woolen Textiles Division"
(Cotton Goods)
Number /: 5125
Date /: 1 / 2 / 1947
To -
Headquarters of the Jewish Community "Hevra Kadisha"
Baghdad.
Subject - Handover of shrouds.
It is clear from the list of deaths submitted by you to the Ration Card Distribution Organization Division that you have not observed
the instructions issued by this Ministry regarding the distribution of raw shroud material during the period between March and December
1946, as you have provided most of the deceased in the aforementioned period with fourteen and a half yards, while
the referred instructions do not permit the disbursement of more than ten yards, which is the maximum limit for a single shroud.
Accordingly, please explain the reasons that led you to disburse four and a half yards in excess of the prescribed
quantity.
Minister of Supply
(Sent to Hevra)
⟦illegible⟧
A. A.
Page 112
Shroud material
114
1947/3/12
The Honorable Ministry of Supplies
Baghdad
Greetings,
With reference to your letter No. 5163 dated 1947/2/22 regarding shroud material,
The Hebra Qaddisha Society, which performs the task of shrouding, informed us in its letter No. 295
dated 1947/3/4 that the procedure regarding the shrouding of the dead is as follows:-
Yards
3.50 | 1 Shirt
2.50 | 1 Undergarment
2.50 | 1 Na'un
3 | Turban, belt, two skullcaps, and one cloth piece, etc. in 3 pieces, total 3 yards
4 | One veil that wraps the entire body
14.50 | Total: fourteen and a half yards.
The use of this amount for a single shroud has been carried out according to the traditions followed since
ancient times.
Please accept our highest respect.
⟦illegible signature⟧
Head of the Community
11
For description
Issued subsequently
Page 113
HEBRA KADISHA SOCIETY | Hebra Kadisha | Hebra Kadisha Society
Baghdad | Baghdad | Baghdad
No. Number: 281
Date: 18 / 12 / 946
His Excellency the Honorable Rabbi Sassoon Khedhouri
President of the Israelite Community - Baghdad
After greetings
We request your Excellency to intermediate with the Directorate General of Imported Goods to supply us with raw
Indian cloth, about two thousand yards, for the purpose of shrouding the Israelite deceased.
With much thanks and gratitude to your Excellency.
⟦illegible signature⟧
President of the Hebra Kadisha Society - Baghdad
HEBRA KADISHA BAGHDAD
Hebra Kadisha
Hebra Kadisha Society
The Spiritual Council
Baghdad
Presidency of the Israelite Community
Outgoing No. 974
Date 19 / 12 / 946
Page 114
HEBRA KADISHA SOCIETY HEBRA KADISHA HEBRA KADISHA SOCIETY
Baghdad Baghdad Baghdad
No. Number: 297
Date: 24 - 3 - 947
To the Honorable President of the Israelite Community
Baghdad
After greetings: We kindly enclose our letter No. 291 dated 8/12/46 to request mediation with the
Directorate General of Imported Goods, Cotton Textiles Department, to supply us with two thousand yards of coarse calico to be used
for the purpose of shrouding the Israelite deceased: And to your Excellency further thanks and gratitude 13 - 3 - 947
President of the Hebra Kadisha Society
⟦illegible signature⟧
⟦illegible⟧
Page 116
Account statement
Society of
Hevra Kadisha
From the beginning of Tishrei until September 5706 Hebrew
Year 5707 Hebrew
Type of damage
⟦illegible⟧
⟦illegible⟧
Al-Sharqiya Press Baghdad Telephone 7658
Page 117
Account image
Society of
Hevra Kadisha
From the first of Tishrei until September 5706 Hebrew
Year 5707 Hebrew
Eastern Printing Press Baghdad Phone 7658
Page 118
Organizing the management of the association's business
It is no secret to you that residential areas have spread and extended into the outskirts of the capital, which
have become far from the center of this association. This makes it difficult for the association's workers
and the family of the deceased to obtain means to transport the necessary supplies, the body, and the mourners,
among other obstacles and problems that cause a total delay in performing the duty. Accordingly,
when the association presented this matter to the two virtuous philanthropists Khedhouri and Ezra Meir Lawee,
they donated a car for the aforementioned purpose. However, the circumstances of the war prevented the use of that
car at the time. In fact, it was sold (with the consent of its donors) for the benefit of the association, provided it would be replaced
later. Indeed, the two generous philanthropists Ibrahim and Shafiq Adas have now kindly donated
another car to the association, and it is now operating for the aforementioned task.
The association did not stop at this point, but is earnest in purchasing another car to take the place of
the first car for the soul of the late Meir Lawee. While the association thanks
the virtuous philanthropists Messrs. Khedhouri and Ezra Meir Lawee and Ibrahim and Shafiq Adas for their donations
mentioned, it also specifically thanks the virtuous benefactor Eliyahu Ibrahim Twig
for his gift of the house located on River Street at Ras al-Qarya, and other benefactors who
have come forward to the association with their valuable donations.
It is no secret to you that the aforementioned donations were the foundation for building this
vital project and the main factor for the savings achieved by this association. The association wishes
to announce to our brothers that its approach is to strive to elevate the status of this important project and place it among
its peers at the level it deserves.
This association has begun implementing its aforementioned goal and approach and has made the house located
on Ghazi Street in the Yankija neighborhood, numbered 17/242M, the center for managing its work. It has installed
Our brothers, honorable sons of the Israelite community
Duty dictates that we present to you annually a statement of the accounts of the
"Hevra Kadisha" Association for revenues and expenditures. And a brief summary of the progress of its work for preparing
and shrouding the dead and how to organize the management of these affairs and related matters
to eliminate the problems that members of our community faced before the formation of this association. This is so that
every dear member of the community can understand the importance of this holy project and express
their opinions and suggestions, which this association welcomes listening to in service of the public interest.
The goal aimed at by this association
It is known to the public the degree of distress and misery that gripped the afflicted of
this community as a result of the preparation and shrouding, and the many problems they faced before
the formation of this association. How many poor and miserable people were left abandoned with no one to
prepare them until funds were collected for them through appeals to the compassionate for what was necessary to bring them to
their final resting place. This situation sparked enthusiasm in the hearts of some zealous individuals to found this
association, which took upon itself the preparation and shrouding of the dead of various classes, which are limited to
three categories, namely:
1 - The poor and the homeless, whom the association prepares and shrouds for free.
2 - The indigent and needy whose financial situation does not allow them to pay all the expenses of
preparing and shrouding their dead; they only pay whatever they are able to.
3 - The generous who pay whatever their nobility and zeal bestow in excess of the cost
to cover the expenses of categories 1 and 2 mentioned above.
Note that our association does not demand the payment of any amount at the time of death, but rather leaves that until
after a period of time, when it sends its collector to receive whatever is paid to him.
Page 119
Telephone number 3456, and a manager has been appointed to its administration, and he resides in its aforementioned center (meaning in
the aforementioned house) daily from sunrise until sunset to receive all communications
and inquiries, give instructions, prepare workers, and dispatch them to the requested shops and locations
as quickly as possible.
This association is still interested in implementing the plan it has drawn up, God willing. Such as
organizing the laborers (a hardship not to be underestimated) and building a decent, properly furnished place near
the eternal dwelling. It provides comfort to the public in their time of distress when necessary.
Our dear brothers! It is the duty of all of us, young and old, rich and poor, to appreciate this project
as it deserves and to strive with all our strength to establish it and elevate its status (let us leave it to the reader to compare the situation
of this project between the state we were in before the formation of this association and the present state).
We would not have reached this situation were it not for your assistance and the efforts of this association.
In conclusion, the association thanks all our brothers for their appreciation of this project and their assistance to it,
and it welcomes hearing any claim, objection, or guidance regarding this project, by
notifying the resident administrative manager at the association's center, Ghazi Street, Yankija District
No. 241/17 M personally or by telephone at number 3456.
Thus, we ask the Almighty to lift all distress from you all. And we say:
He will swallow up death forever; and the Lord GOD will wipe away tears from off all faces:
Hevra Kadisha Association
Ghazi Street - Yankija District 17/241 M Baghdad
Telephone No. 3456
Page 123
9
Hevra Kadisha Income for the year 706
Fils | Dinar | Serial | Name of Deceased | Date of Death
250 | 1678 | | Previous |
| 1 | 178 | Menashi Abboudi Shammah | 11 Adar B 706
| 10 | 179 | Raphael Abboudi Moshi Dallal | 16 »
| 3 | 180 | Reuben Daoud Yaeel | 16 »
| 4 | 181 | Khatoun Isaac Siddiq | 16 »
| 6 | 182 | Sion Saleh Perez | 17 »
| 13 | 183 | Heskel Ezra Isaac Menashi | 19 »
| 2 | 184 | Nazima Azouri Rahmim Hammo | 20 »
| 3 | 185 | Esther Yaqub Anjouma | 20 »
| 2 | 186 | Yuna Baruch | 21 »
250 | 1 | 187 | Masouda Abdullah Samra | 23 »
| 3 | 188 | Sion Hougi Yehuda | 23 »
| 15 | 189 | Yaqub Saleh Shabi | 24 »
| 35 | 190 | Moshi Yaqub Nunu | 24 »
| 2 | 191 | Masouda Hanuka | 25 »
| 2 | 192 | Khatoun Shaul Saleh | 26 »
| 3 | 193 | Naim Rahmim Mimi | 26 »
| 2 | 194 | Ghazala Nahoum | 26 »
| 13 | 195 | Saleh Yaqub Shammah | 27 »
| 40 | 196 | Sion Abdu Meir | 28 »
| 25 | 197 | Shaul Shua Ovadia | 29 »
| 40 | 198 | Habiba Yousif Menashi | 29 »
| 20 | 199 | Habiba Yousif Tweig | 1 Nisan 706
| 8 | 200 | Serach Saleh Perez | 2 »
500 1931 Following
8
Revenues of Hebra Qadisha for the year 706
Date of Death | Name of the Deceased | Sequence | Dinar | Fils
| Previous balance | | 1514 | 500
20 March A 706 | Farha Saleh Al-Ani | 155 | 2 |
21 » | Menahim Ezra Sa'at | 156 | 2 |
21 » | Masouda Shua Baba Tini | 157 | 7 |
23 » | Saleh Shena | 158 | 1 |
25 » | Ghala Barouch Aboudi | 159 | 30 |
26 » | Kahila Haskil Ezra | 160 | 1 |
26 » | Simha Ruham | 161 | 1 |
27 » | Habiba Haskil Hakkak | 162 | 5 |
28 » | Menashi Yaqoub Hakham Dawud | 163 | 20 |
29 » | Haskil Yaqoub Subha | 164 | 2 | 500
29 » | Karjiya Saleh Piris | 165 | 18 |
30 » | Haskil Sherri | 166 | 2 |
1 March B 706 | Khazna Yamin Halawi | 167 | 4 |
2 » | Ibrahim Agha Baba | 168 | 5 |
4 » | Khatoun Murad Mashal | 169 | 15 |
4 » | Anwar Khazzoum Najjar | 170 | 20 |
5 » | Hababa Murad Shmuli | 171 | 13 | 500
5 » | Saleh Nissim Aziz | 172 | 1 |
6 » | Rahmim Nissim Bassa | 173 | 3 |
8 » | Yehuda Ishaq Abu Elias | 174 | 2 |
8 » | Lulu Abid Aida | 175 | 4 |
10 » | Esther Yousif Yaqoub Zakho | 176 | 0 | 750
10 » | Habiba Ezra Shmuel Pata | 177 | 4 |
| Forwarded | | 1678 | 250
Page 124
11
Revenues of Hebra Qadisha for the year 706
Fils | Dinar | Serial | Name of Deceased | Date of Death
500 | 2049 | | Brought Forward |
| 2 | 224 | Yehuda Nassim Qara'in | 27 April 706
| 1 | 225 | Sarah Mordech | 28 »
| 3 | 226 | Mu'allim Ibrahim Yaqub Saimah | 29 »
500 | 1 | 227 | Mas'ouda Yusuf Hashfaya | 30 »
| 3 | 228 | Rahmim Hayyim Irani | 1 May 706
| 10 | 229 | Mas'ouda Isaac | 3 »
| 1 | 230 | Daoud Moshi Haddad | 6 »
| 3 | 231 | Tuffaha Nassim Kechrou | 6 »
| 17 | 232 | Yaqub Saleh Hanina | 6 »
| 2 | 233 | Yaqub Azouri | 7 »
| 2 | 234 | Yaqub Ibrahim Al-Beyk | 7 »
| 3 | 235 | Aziza Shmuel Chitayath | 7 »
| 8 | 236 | Heskel Ezra Roubin Chitayath | 12 »
| 2 | 237 | Rahmim Yusuf Dhiba | 13 »
| 6 | 238 | Aziza Yaqub Hay | 14 »
| 1 | 239 | Serah Ibrahim | 14 »
| 1 | 240 | Toba Sion Levi | 15 »
| 2 | 241 | Mas'ouda Ezra Khazma | 16 »
| 2 | 242 | Rahmim Saleh Heskel | 16 »
| 20 | 243 | Meir Shmuel Hakham Sassoon | 16 »
| 20 | 244 | Saleh Haron Shammash | 17 »
| 1 | 245 | Samra Heskel Malka | 17 »
500 | 1 | 246 | Ezra Hayyim Daoud Taqou | 17 »
500 | 2161 | | Carried Forward |
Page 125
13
Income of Hebra Kadisha for the year 706
Date of Death | Name of the Deceased | Serial | Dinar | Fils
| Previous Total | | 2372 | 500
12 Sivan 706 | Sion Moshi Lawi | 270 | 1 |
13 " | Zakia Haron Barshan | 271 | 12 |
14 " | Shakkouri Nassim Halabiyah | 272 | 10 |
14 " | Eliahou Sasson Halabli | 273 | 10 |
15 " | Hayim Moshi Dahan | 274 | 4 |
16 " | Ibrahim Salih Twena | 275 | 3 |
16 " | Rahmim Ephraim | 276 | 1 |
19 " | Masouda Salih | 277 | 10 |
19 " | Salman Meir Samak | 278 | 2 |
20 " | Yusuf Haron Hamides | 279 | 4 |
20 " | Ibrahim Benjamin | 280 | 1 |
22 " | Murad Nassim Mashiekh | 281 | 5 |
22 " | Raphael Yaqub Bekhor | 282 | 14 |
22 " | Jahla Rubin Abdo | 283 | 2 |
26 " | Dawood Ibrahim Duri | 284 | 4 |
27 " | Meir Hakham Sion | 285 | 3 |
27 " | Yusuf Mathalon | 286 | 7 |
28 " | Salima Hesqel Ibrahim Shalom | 287 | 1 |
29 " | Selim Ibrahim Sasson Halabli | 288 | 12 |
29 " | Hesqel Murid | 289 | 10 |
29 " | Habiba Yusuf Muallam | 290 | 2 |
29 " | Shaul Khedhouri Tariq | 291 | | 500
1 Tamuz 706 | Khatun Rubin Saigh | 292 | 3 |
2493 500 Carried Forward