AI English Translation, Pages 101-125
After studying the case from a legal perspective, we believe that it is possible to reconcile the status of the association
with 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 consists of seven persons in accordance with the second paragraph of Article twenty-nine
of the ⟦Bylaws⟧ of the Jewish community No. 36 of 1931, consisting of a chairman from among the members
of the Spiritual Council and six lay members, three of whom are elected by the Spiritual Council and the other three
by the Secular Council, and it operates under the supervision of the Spiritual Council. Among the members shall be 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 Bylaws of the Jewish
Community No. 36 of 1931, and it follows the provisions of the Jewish Community Law and the regulations issued thereunder
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.
Thus, we hope to submit this report of ours to the esteemed Council for consideration. Sincerely,
The Sub-committee
⟦signature⟧
Date of receipt
Inward number
⟦illegible circular stamp⟧
⟦illegible handwritten notes and numbers⟧
Minutes of the extraordinary meeting of July 25, 946
The Hebra Qadisha Society met under the chairmanship of His Eminence Rabbi Salman Hoke Aboudi and the members Messrs. Heskel
Salman Meir, Ezra Salman Nissan, Sasson Shaul Nawi, Joseph Heskel Ishaq, and Dawood Heskel Alweiseh
and Shaul Ibrahim Hayawan at the headquarters of the Presidency of the Jewish Community at six o'clock on Thursday evening,
corresponding to July 25, 946. After deliberation with His Excellency the Head of the Community and the Lay Council, which held a session
at the same time, the Society decided to amend its internal bylaws as follows:-
First - Cancellation of Article 2 of the Society's bylaws and replacing it with the following:-
"This Society shall be composed of seven persons in accordance with the second paragraph of Article 29
of the Jewish Community Regulation No. 36 of 1931, consisting of a chairman from the members of the Spiritual Council and six
lay members, three of whom are elected by the Spiritual Council and the other three by the Lay Council, and it shall operate
under the supervision of the Spiritual Council. Among the members shall be a vice president, a treasurer, and a secretary elected by
the members of the Society by a majority of votes."
Second - Cancellation of Article 7 of the Society's bylaws and replacing it with the following:-
"Upon the resignation of the president or one of the members of the Society and in other circumstances, a replacement shall be elected
by the Spiritual Council or the Lay Council, as the case may be, in accordance with the amended Article 2
of these bylaws, and the appointment of the new member shall be after consulting the Society."
The Society has decided to notify the Ministries of Social Affairs and Interior of these amendments to its bylaws,
as well as the Presidency of the Community, the Spiritual Council, and the Lay Council. In approval thereof, this resolution was signed.
The President | The Member | The Member
Rabbi Salman ⟦...⟧ | Sasson Shaul Nawi | Joseph Heskel Ishaq
Shlomo H. Aboudi | Sasson Shaul Nawi | Yosef Yehezkel Yitzhak
The Member | The Member | The Member | The Member Ezra Salman Nissan
Dawood ⟦...⟧ | Shaul Ibrahim Hayawan | Heskel Salman Meir | Ezra Salman Nissan
David ⟦...⟧ | Shaul Avraham Hayon | Yehezkel Salman Meir |
Presidency of the Jewish Community in Baghdad
The Spiritual Council
⟦illegible⟧
July 28, 946
His Excellency the Minister of Interior, the Respected
After greetings and respect,
We hope to inform Your Excellency that our association (Hevra Kadisha Association), authorized by your esteemed ministry
under its order issued on February 7, 1929, numbered (2075), held an extraordinary meeting
on July 25, 946 (enclosed is a copy of the meeting minutes) and decided unanimously to approve the amendment of its internal
bylaws to comply with Article 29 of the Community Regulation No. 36 of 1931, as follows:-
First - Repealing Article Two of the Association's bylaws and replacing it with the following:-
"This association shall be composed of seven persons in accordance with the second paragraph of Article 29 of the
Jewish Community Regulation No. 36 of 1931, consisting of a president from the members of the Spiritual Council
and six members from the public, three of whom are elected by the Spiritual Council and the other three by the
Lay Council. It shall operate under the supervision of the Spiritual Council, and among the members shall be a Vice ⟦President⟧,
a Treasurer, and a Secretary, elected by the members of the association by a majority of votes."
Second - Repealing Article Seven of the Association's bylaws and replacing it with the following:-
"Upon the resignation of the President or one of the members of the association, or in other circumstances, a
replacement shall be elected by the Spiritual Council or the Lay Council as the case may be,
in accordance with the amended Article Two of these bylaws. The election of the new member shall take place after
consulting the association."
We hope Your Excellency will kindly approve this amendment, and to you we offer thanks and abundant respect.
The President
Copy to -
The Esteemed Ministry of Social Affairs
The Presidency of the Jewish Community in Baghdad
The Presidency of the Jewish Lay Council in Baghdad
The Presidency of the Jewish Spiritual Council in Baghdad
The Presidency of the Jewish Community
Incoming Number 497
Date 29 / 7 / 946
⟦illegible⟧
Hebra Kadisha Society | Hebra Kadisha | HEBRA KADISHA SOCIETY
Baghdad | Baghdad | Baghdad
No.:
Date: 20 August 1946
To the Honorable President of the Jewish Community
After greetings and respect,
We request your Excellency to kindly mediate with the Ibrahim
and Shashoua Company Limited, based on the recommendation of Mr.
Laurie, to acquire a car for the society's use for transporting the deceased.
With many thanks and highest respect,
⟦illegible⟧
Hebra Kadisha
⟦illegible⟧
The President
892
12 August 946
The honorable and distinguished Mr. Ibrahim Adas, respected
Greetings and respect,
Furthermore, it is not hidden from you that the Hebra Kadisha Society, which takes care of
shrouding and preparation, is in dire need of an open car suitable for transporting
the body to the cemetery. The society has requested me to mediate with you to purchase
a suitable car from the cars available to you and purchased from the British Army.
Given my knowledge of the compassion and zeal you carry within you for
charitable projects, I have come with this letter of mine, hoping for your valuable assistance
to the society in this matter and to provide it with the required car as soon as possible.
With my thanks in advance, please accept the highest respect.
⟦illegible⟧
Head of the Community
⟦illegible⟧
8/12
Main Office - Baghdad
P.O. Box No. 68
Branches:
Basra
Mosul
Kirkuk
Telegraphic Address:
« ADES » Baghdad
I. & C. ADES COMPANY LIMITED
Established in Iraq
Telephone Numbers
7820 - Manager
6655 - Office
6752 - Accountant
6154 - Insurance Department
4942 { Tire Department
Repair Workshop
Warehouse
Baghdad on: 20 / 8 / 1946
No.: 2591
His Eminence, the Honorable President of the Jewish Community
Baghdad
Greetings and Respect,
We received your letter numbered 8960 and dated 12 / 8 / 946 with great gratitude. We are also
proud to fulfill your request and provide you with a large used car purchased from the British Army for the purposes
of the Hebra Kadisha Society.
On this occasion, we kindly ask you to provide us with a diagram for the vehicle body suitable for transporting
the body so that we may take the necessary steps in this regard.
Please accept our highest respects.
For I. & C. Ades Company Limited
Manager
⟦illegible⟧
M.M. / ⟦illegible⟧
9011
September 8, 946
The Honorable and Virtuous Notable, Mr. Ibrahim Adas, Respected
After greetings and respect,
I have received with thanks your letter numbered 2591 and dated 8/20/946
And I understood from its content and from the Hebra Kadisha Society that you have kindly granted the car
requested for the purposes of the Hebra Kadisha Society free of charge.
I can only, in the face of this charity of yours, extend to your presence, in addition to
myself and on behalf of the Society, my sincere thanks and appreciation for your generosity and magnanimity,
asking the Almighty Lord to preserve you as a resource for charitable projects and to guide
your steps towards all that is good and successful.
Please accept, in conclusion, my abundant respect, with my wishes for your noble person
for happiness and permanent success.
Sincerely,
⟦illegible⟧
Head of the Community
9/8
Hebra Kadisha Society
⟦illegible⟧
Hevra Kadisha Association
21 August 946
8984
His Excellency the Respected Minister of Interior
After greetings and respect
In accordance with Article 29 (b) of the Jewish Community Regulation No. 36 of 1931
and the amended Article 2 of the Internal Regulations of the Hevra Kadisha Association pursuant to the
Association's letter addressed to your esteemed ministry on July 28, 946, the
Lay and Spiritual Council met at the headquarters of the Jewish Community Presidency in Baghdad on
August 19, 946, for the purpose of electing members of the Hevra Kadisha Association, and the election result
resulted in the selection of His Eminence Rabbi Salman Hoki Aboudi as President, and the members: Messrs. Sassoon
Shaul Nari, Heskel Salman Mushir, Rabbi Yosef Ishaq, Salman Daoud Samerly,
Ezra Salman Nissan, and Shaul Ibrahim Haywan as members of the aforementioned association according to the
minutes of the meeting, a copy of which is attached herewith. This association shall take the place of the committee
stipulated in Article 29 (b) of the community regulation mentioned above.
I have the honor to submit this letter to inform Your Excellency of this, and please, Your Excellency,
accept the utmost respect.
⟦signature⟧
President of the Community
⟦signature⟧
8/21
Copy to -
The Esteemed Ministry of Social Affairs
His Eminence the Respected President of the Jewish Spiritual Council
His Excellency the Respected President of the Jewish Lay Council
His Eminence Rabbi Salman Hoki Aboudi
Book of the Presidency of the Sect
On the date of ⟦1982/8/22⟧
To the Ministry of Interior
Minutes of the meeting of the Spiritual and Lay Councils dated
August 19, 946 for the election of the Hevra
Qadisha Society
⟦line⟧
1 - The Spiritual and Lay Councils met under the chairmanship of His Eminence the Head of the Community, Rabbi Sassoon Khedouri
and in the presence of Their Eminences Rabbi Raphael Isaac Hayyim, Rabbi Salman Hoqi Aboudi, Rabbi
Sassoon Ishaq, Rabbi David Ezra Musfi, Rabbi Eliya Yehoshua, Rabbi Yehoshua Moshe Hasteqil,
Rabbi Yosef Rabi, Rabbi David Shaul, and the members of the Lay Council, Messrs. Eliyahu Hayyim Tawfiq,
Moshe David Shwehat, R. Shaul Basri, Zion Shuha Gege, Karji Yaqub Matloub, and Sassoon Aboudi
Bashi. The two councils decided to choose His Eminence Rabbi Salman Hoqi Aboudi as Chairman of the Hevra
Qadisha Society Committee in accordance with Article Twenty-Nine, Paragraph Two of the Jewish Community Regulations No. 31 of the year
936. Then the Spiritual Council decided to elect Messrs. Sassoon Shaul Nawi, Hasteqil Salman Meir, and Rabbi
Yosef Hasteqil Ishaq. The Lay Council also decided to choose Messrs. Salman David Samerli, Ezra
Salman Nissan, and Shaul Ibrahim Haywan to be the committee of the aforementioned society in accordance with the same article. This
minute was organized as an acknowledgment thereof.
Signatures
True copy
8/21/946
⟦signature⟧
Hevra Qadisha Society
With great respect.
⟦illegible⟧ Moshe Ibrahim
⟦illegible⟧ to dictate the
and a reserve for the
of auditors to audit
amounts spent in excess
of the audit committee
estimated budget for
the previous meeting
extraordinary meeting
by attending at the headquarters
Regarding the care of the interests of the citizens of the Iraqi Republic abroad
The Iraqi Republic - Ministry of Foreign Affairs
Baghdad
By virtue of this document, the Consulate General of the Iraqi Republic in London, in its capacity as the caretaker of the interests of the citizens of the Iraqi Republic ⟦...⟧
And the aforementioned consulate certifies that Mr. Saleh Yusuf Rahmin, born in Baghdad in 1918, has submitted a request to it explaining
his desire to renounce Iraqi nationality and that he has reviewed the provisions of the Law for the Revocation of Iraqi Nationality No. 1 of 1950
amended by Law No. 12 of 1951, and that he requests the revocation of Iraqi nationality from him, and that he signed this request before the Consul
General of the Iraqi Republic in London, and that he signed this request before the Consul General of the Iraqi Republic in London
on the day of ⟦...⟧ of the month of September for the year 1951, and accordingly, it was decided to revoke the Iraqi nationality of Mr. Saleh Yusuf Rahmin
referred to above pursuant to the Council of Ministers' decision No. ⟦...⟧ issued in the session held on September 26, 1951
which was ratified by His Majesty the Great King, and accordingly, this document was issued to be evidence of the revocation of Iraqi nationality from the person
mentioned above as of the date of the issuance of the Council of Ministers' decision referred to above, and accordingly, this document was issued
to be evidence of the revocation of Iraqi nationality from the person mentioned above as of the date of the issuance of the Council of Ministers' decision referred to above
Written in London on the day of ⟦...⟧ of the month of September for the year 1951
On behalf of the Consul General
⟦signature⟧
Consulate General
of the Iraqi Republic
in London
Saleh Yusuf Rahmin
Minutes of the meeting of the Spiritual and Lay Councils on the date of
19 August 946 for the election of the Hevra
Kadisha Society
1 - The Spiritual and Lay Councils met under the chairmanship of His Eminence the Head of the Community, Rabbi Sassoon Khedhouri,
and in the presence of Their Eminences Rabbi Raphael Isaac Hayyim, Rabbi Salman Hoqi Aboudi, Rabbi
Sassoon Isaac, Rabbi David Ezra Musfi, Rabbi Alba Yehoshua, Rabbi Yehoshua Moshe Haskel,
Rabbi Joseph Rabi, Rabbi David Shaul, and the members of the Lay Council, Messrs. Eliyahu Hayyim Tawfiq,
Moshe David Shohet, R-aul Masri, Zion Shohet Gigi, Gurji Yaqub Matloub, and Sassoon Aboudi
Bashi. The two councils decided to choose His Eminence Rabbi Salman Hoqi Aboudi as Chairman of the Committee of the Hevra
Kadisha Society, in accordance with Article Twenty-Nine, Paragraph Two, of the Jewish Community Regulations No. 31 of the year
936. Then the Spiritual Council decided to elect Messrs. Sassoon Shaul Nawi, Haskel Salman Meir, and Rabbi
Joseph Haskel Isaac. The Lay Council also decided to choose Messrs. Salman David Samerli, Ezra
Salman Nissan, and Shaul Ibrahim Aiwan to be the committee of the aforementioned society in accordance with the same article. This
minute was organized as an acknowledgment of that.
Signatures
True Copy
21/8/946
⟦signature⟧
⟦illegible stamp⟧
8984
21 August 946
Hevra Kadisha Society
His Excellency the Honorable Minister of Interior
After greetings and respect
In accordance with Article 29 (b) of the Jewish Community Regulation No. 36 of 1931
and the amended Article 2 of the Internal Bylaws of the Hevra Kadisha Society pursuant to the
Society's letter addressed to your esteemed Ministry on July 28, 946, the Lay and Spiritual
Councils met at the headquarters of the Jewish Community Presidency in Baghdad on August 19,
946, for the purpose of electing members of the Hevra Kadisha Society. The election results
resulted in the selection of His Eminence Rabbi Salman Hoki Abboudi as President, and the members
Messrs. Sassoon Shaul Nari, Heskel Salman Mushir, Rabbi Yosef Ishaq, Salman Daoud Samerli,
Ezra Salman Nissan, and Shaul Ibrahim Eran as members of the aforementioned Society, according to the
minutes of the meeting, a copy of which is attached herewith. This Society shall take the place of the committee
stipulated in Article 29 (b) of the Community Regulation mentioned above.
I have the honor to submit this letter to inform Your Excellency of this. Please accept, Your Excellency,
the assurance of my highest respect.
⟦signature⟧
Head of the Community
Copy to -
The Esteemed Ministry of Social Affairs
His Eminence the Honorable President of the Jewish Spiritual Council
His Excellency the Honorable President of the Jewish Lay Council
His Eminence Rabbi Salman Hoki Abboudi
⟦illegible⟧
21 / 8
July 28, 946
His Excellency the Minister of Interior, Respectfully
Greetings and respect,
We wish to inform Your Excellency that our association (Hevra Kadisha Association), authorized by your esteemed ministry
pursuant to its order issued on February 7, 1929, No. (2075), held an extraordinary meeting
on July 25, 946 (enclosed is a copy of the meeting minutes) and unanimously decided to approve the amendment of its internal
bylaws to align with Article 29 of the Communal Regulation No. 36 of 1931, as follows:
First - Repealing Article Two of the Association's bylaws and replacing it with the following:
"This association shall be composed of seven persons in accordance with the second paragraph of Article 29 of the
Jewish Communal Regulation No. 36 of 1931, consisting of a president from the members of the Spiritual Council
and six general members, three of whom are elected by the Spiritual Council and the other three by the
Lay Council. It shall operate under the supervision of the Spiritual Council. Among the members shall be a Vice President,
a Treasurer, and a Secretary, elected by the members of the association by majority vote."
Second - Repealing Article Seven of the Association's bylaws and replacing it with the following:
"Upon the resignation of the President or one of the members of the association, or in other cases, a
replacement shall be elected by the Spiritual Council or the Lay Council as the case may require
in accordance with the amended Article Two of these bylaws. The election of the new member shall be conducted after
consulting the association."
We request Your Excellency to kindly approve this amendment. With sincere thanks and great respect.
Presidency of the Spiritual Council
of the Jewish Community
in Baghdad
Spiritual Council of the Jewish Community
in Baghdad
BAGHDAD
⟦illegible⟧
7/28
Copy to -
The Esteemed Ministry of Social Affairs
Presidency of the Jewish Community in Baghdad
Presidency of the Jewish Lay Council in Baghdad
Presidency of the Jewish Spiritual Council in Baghdad
Hevra Kadisha
28/7/46
No. 435
Minutes of the Extraordinary Meeting of July 25, 946
The Hebra Qaddisha Association met under the chairmanship of His Eminence Rabbi Salman Hoki Abboudi and the members Messrs. Heskel
Salman Musheer, Ezra Salman Nissan, Sassoon Shaul Nawi, Youssef Heskel Isaac, Daoud Heskel Alwaisa
and Shaul Ibrahim Haywan at the headquarters of the Presidency of the Jewish Community at six o'clock on Thursday evening
corresponding to July 25, 946. After deliberation with His Excellency the President of the Community and the Lay Council, which held a session
officially at the same time, the Association decided to amend its bylaws as follows: -
First: - To cancel Article Two of the Association's bylaws and replace it with the following: -
"This Association is composed of seven persons in accordance with the second paragraph of Article Twenty-Nine
of the Jewish Community Regulation No. 36 of 1931, namely a Chairman from the members of the Spiritual Council and six
lay members, three of whom are elected by the Spiritual Council and the other three by the Lay Council, and it operates
under the supervision of the Spiritual Council. There shall be among the members a Vice-Chairman, a Treasurer, and a Secretary elected by
the members of the Association by a majority of votes."
Second: - To cancel Article Seven of the Association's bylaws and replace it with the following: -
"Upon the resignation of the Chairman or one of the members of the Association, and in other cases, a successor is elected
by the Spiritual Council or the Lay Council as the case may require, in accordance with the amended Article Two
of these bylaws. The election of the new member shall be after consulting the Association."
The Association has decided to report these amendments to its bylaws to the Ministries of Social Affairs and Interior,
as well as to the Presidency of the Community, the Spiritual Council, and the Lay Council. In approval thereof, this decision was signed.
⟦Recorded in the book⟧
⟦The protocols⟧
⟦...⟧
Member | Member | Chairman
Sassoon Shaul Nawi | Youssef Heskel Isaac | Rabbi Salman Hoki Abboudi
⟦Signature⟧ | ⟦Signature⟧ | ⟦Signature⟧
Member | Member | Member | Member
Ezra Salman Nissan | Heskel Salman Musheer | Shaul Ibrahim Haywan | Daoud Heskel
⟦Signature⟧ | ⟦Signature⟧ | ⟦Signature⟧ | ⟦Signature⟧
Presidency of the Jewish Community in Baghdad
JEWISH COMMUNITY BAGHDAD
⟦Recorded in the book⟧
⟦...⟧
1 - This system is called the Internal Regulations of the Hebra Qadisha Society
2 - This society consists of seven persons: one is the President and Rabbi, the second is the Vice President, the third is
the Treasurer, the fourth is the Secretary, and three members.
3 - The President has the authority to open letters, telegrams, etc., and he is the reference for all communications and transactions of this
society. He shall not sign any paper before stamping it with the society's seal, and this seal is kept with the society's secretary.
4 - In the absence of the President, the Vice President shall act in his place, and in the absence of both the President and the Vice President, the Secretary shall act
in their place.
5 - This society meets at its headquarters in Midrash Beit Zilkha once every week, and when necessary, it meets
by invitation from the presidency in an extraordinary manner.
6 - The Secretary must organize a book for decisions and books for revenues and expenses, and organize a table containing the revenues
and expenses for this society and announce it to the public from time to time.
7 - Upon the resignation of the President or some members of this society, those who will take their place shall be elected by this
society and the Israeli Spiritual Council jointly.
8 - The President and the Treasurer must:
a - Always keep one hundred rupees in the society's fund to be spent when necessary.
b - Deposit the revenues of this society in one of the banks in its name.
c - Withdraw what is required from the banks from the revenues of this society with the signature of the President or whoever acts
in his place according to this system and by order of the fund after making a decision on the necessity of spending it.
th - Document expenses with a receipt, and in the absence of a receipt, the amount is considered unspent, and the President
and the Treasurer shall be held responsible for it individually and jointly.
9 - The society performs the following mentioned tasks:
a - Preparing and providing the requirements for washing, shrouding, burial, and ⟦...⟧ the deceased of the
Musaic sect ⟦line⟧
b - Organizing and improving the principles adopted for this purpose and its branches.
t - Arranging and appointing the staff for washing, preparation, and burial, and allocating their wages.
th - Purchasing the necessary movable and immovable property and repairing it to improve, achieve,
and complete this project.
10 - The management of this society is dependent on collecting subscriptions, aid, and donations from generous people.
11 - The receipts of this society shall be against a receipt signed by the President and stamped with the society's seal.
12 - The washing supplies for this purpose are purchased by the society after a decision is issued on their necessity and are kept
in a special place under the disposal of the president of this society.
13 - The society must replace and change its workers when necessary.
14 - Decisions that are not signed by the majority of the opinions of this society have no value.
15 - The Spiritual Council has the right to monitor the work and management of the society from time to time. Baghdad.
Founder | Founder | Founder | Founder | Founder
Daoud Haskel | Youssef Haskel | Shaul Ibrahim | Ezra Salman | Shaul Abdullah
Founder | Founder
Salman Haskel | Salman Hoki
Copy of the Ministry of Interior's letter No. 2075 dated 7
February 1929.
⟦line⟧
In accordance with the authority vested in us by Article 7 of the Law on the Formation of Associations
of 1922, we approve the formation of the Hebra Qadisha Association in accordance with the program of the
said association, a copy of which is kept in the Ministry's office, provided that you observe the provisions of
the Law on Associations of 1922. Issued by the Ministry of Interior on 5 February
1929.
Acting Minister of Interior
To
Hakham Salman Hoki, President of the Hebra Qadisha Association Committee
Residing in Midrash Zilkha in Baghdad.
Subject - Regarding the application of Article 29 of the Community
Regulations and the status of the Hebra Qadisha Society
⟦line⟧
To the Honorable President of the Lay Council
With reference to your letter No. 3551 dated March 10, 1946
We have studied the issue of applying Article 29 of the Jewish Community Regulations No. 36 of
1931 in light of its provisions and the status of the Hebra Qadisha Society, and we found the following: -
The Hebra Qadisha Society was formed in accordance with the Law of Associations No. 45 of 1922, and
Article 2 of its internal regulations stated that (this society consists of seven persons:
one is the President, a Rabbi; the second is a Vice President; the third is a Treasurer; the fourth is a Secretary; and three members)
In accordance with this article, the society was formed by the following individuals:
President - Rabbi Salman Hooki
Vice President - Salman Heskel Meir
Treasurer - Shaul Abdullah Nawi
Secretary - Ezra Salman Nissan
Members - Shaul Ibrahim
Yousef Heskel Sehayek
Daoud Heskel Loya
Due to the advanced age of the Treasurer and his retirement from work, his son, Mr. Sassoon
Shaul Nawi, was recently appointed in his place, and the lawyer Heskel Salman Meir performs the duties of his father, the Vice President.
Article 7 of the society's regulations states that (in the event of the resignation of the President or some
members of this society, those who replace them shall be elected by this society and the Jewish Spiritual Council
jointly).
This society, in its capacity as a legal entity according to the law, has the right to own immovable
property for its purposes. It has indeed owned several properties and registered some of them directly in its name, i.e., in the name of the "Hebra
Qadisha Society of the Mosaic Community in Baghdad," and the other part is endowed to it and for its purposes and has been registered in the Land Registry in the name of
"Waqf of the endowments of the Hebra Qadisha Society." It is no secret that the society may dispose of the properties registered in its name,
but it may not dispose of ⟦...⟧ the conditions of the endowed properties, as the text of the endower is like the text of the legislator. Therefore, even if
it is the intention of the Lay Council to appoint the same members of the society to carry out what is required in Article 29 (b) of
the regulation itself, it is not correct to abolish the name of the society. Therefore, the status of the society must be harmonized with Article 29 (b)
of the Jewish Community Regulations No. 36 of 1931, which states the following:
"To carry out the matters of preparation, shrouding, and burial, a committee shall be appointed consisting of a chairman from the members of the Spiritual Council
and six members from the laity, three of whom are elected by the Council and the other three by the Lay Council, and it shall work under
the supervision of the Spiritual Council."
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
Subject - Hebra Qadisha Society
Honorable President of the Lay Council
Based on the memorandum regarding the Hebra Qadisha Society, I have studied the subject from the following aspects
and below are my opinions on it.
Q 1 - Does the status of the society comply with the articles of the Law of Societies or not?
A - The general concept of a society is a body composed of several members who form the General Assembly, which
elects from among its members the Administrative Board to carry out its work according to the society's bylaws. If we look
at the status of the Hebra Qadisha Society, we see it contradicts the intended concept of a society. However,
I found that its status can be reconciled with the law in terms of the definition provided in Article Two
of the Law for the Formation of Societies No. 45 of 1922, which states: (A society is a body
composed of several persons uniting ⟦their assets⟧ their information or their efforts not for profit.)
The expression "several persons" does not limit the members to a specific number, and therefore I find no objection to
a society composed of seven persons being a society formed according to the law; they are considered its members,
its General Assembly, and its Administrative Board.
Q 2 - Can the Hebra Qadisha Society, according to its current status, decide what it wants regarding the properties
that are not endowed (waqf) and are registered in its name?
A 2 - In view of the opinion provided in (A 1), I see nothing preventing it from doing so.
Q 3 - Must the Ministry of Interior approve the amendment of the internal bylaws?
A 3 - Article 9 of the law stipulates the necessity of notifying the Minister of Interior of all changes occurring in the society's bylaws
or its headquarters only, and it did not stipulate that the amendment is not considered valid until after its approval.
The amendments that took place in the bylaws of the Hebra Qadisha Society are considered effective upon notification.
Q 4 - Can the society be entrusted with the tasks of the committee mentioned in Article 29 of the Bylaws
of the Jewish Community No. 36 of 1931?
A 4 - If the tasks of the society and its 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 Sion Gigi
Subject - Hebra Qadisha Society
⟦line⟧
Honorable President of the Lay Council
Based on the discussion that took place regarding the Hebra Qadisha Society, I have studied the subject from the following aspects
and below are my findings on it.
Q 1 - Does the status of the society comply with the articles of the Law of Societies or not?
A - The general concept of a society is a body composed of several subscribers who form the General Assembly, and it
elects from among its members the Administrative Body to carry out its work according to the society's bylaws. If we look
at the status of the Hebra Qadisha Society, we see it contradicts the concept intended for a society. However,
I found that its status can be reconciled with the law in terms of the definition provided in Article Two
of the Law of Formation of Societies No. 45 of 1922, which states: (A society is a body
composed of several persons uniting ⟦their efforts⟧, their information, or their endeavors without the intention of profit.)
The expression "several persons" does not limit the subscribers to a specific number, and therefore I find no objection to
a society composed of seven persons being a society formed according to the law; they are considered its subscribers,
its General Assembly, and its Administrative Body.
Q 2 - Can the Hebra Qadisha Society, in its current status, decide what it wants regarding the
endowed properties registered in its name?
A 2 - In view of the observation received from (⟦?⟧), I see nothing preventing it from doing so.
Q 3 - Should the Ministry of Interior be assisted in amending the internal bylaws?
A 3 - Article 5 of the law stipulates the necessity of notifying the Minister of Interior of all changes occurring in the society's bylaws
or its headquarters only, and it did not stipulate that the amendment is not considered valid until after its approval.
The amendments that took place in the bylaws of the Hebra Qadisha Society are considered effective upon notification.
Q 4 - Can the tasks of the committee mentioned in Article 29b of the Bylaws of the
Jewish Community No. 36 of 1931 be entrusted to the society?
A 4 - If the tasks of the society and its composition agree with the text of the article mentioned above, there is no objection to assigning
the committee's tasks to it.
Member of the Lay Council
Lawyer Selim Gigi
For filing
Approved
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
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⟧
Department Copy
8121
25 / 11 / 946
The Honorable Ministry of Supply
Greetings,
We attach herewith the original petition submitted to your honorable ministry by
the Hebra Qadisha Society regarding providing it with grants.
The aforementioned society is a religious charitable society that undertakes the education of
students, most of whom are orphans, in a religious upbringing for the purpose of preparing them for religious positions. In view
of its humanitarian purpose, we hope your honorable ministry will include this society in your kindness and look
upon its request with compassion. With respect and thanks ⟦...⟧ .
On behalf of
The Head of the Community
⟦illegible⟧
⟦illegible signature⟧
25 / 11