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Administrative Committee for Iraqi Jews
in Baghdad
Telephone No. { 83531 President
80452 Secretary
No. L /: 707
Date: 6/ /1970
Subject /: ⟦line⟧
The Respected Judge of the Baghdad Civil Court
Greetings and respect:
We have reviewed the announcement of your esteemed court published in Al-Ta'akhi newspaper, issue 442, dated
21 / 5 / 70 regarding the sale of property serial 1 / 23 Al-Bushibl district belonging to the Hebra Qadisha Association.
We present to your esteemed court:-
- 1 That this property does not belong to the Hebra Qadisha Association, but rather it is an endowment (Waqf) for the Mosaic community, the revenue of which is spent
on the preparation, shrouding, and burial of the dead of the Mosaic faith, in accordance with the endowment deed issued by
the Personal Status Court in Baghdad under No. 133 and dated 2 / 6 / 42.
In support of this, we attach a copy of the Tabu registration for the mentioned property with the endowment deed registration on its back.
- 2 From studying the deed and the registration copy, it appears that the Hebra Qadisha Association was the trustee (Mutawalli) over the mentioned endowment
and not the owner.
- 3 Assuming that the aforementioned association was the trustee until its dissolution, does the dissolution of the association necessitate the dissolution of the
endowment?
- 4 Endowments have special provisions established by law and the noble Sharia, and we have not found any text in the law or
jurisprudence that requires the sale of the endowed property due to the removal of the trustee from trusteeship, his dismissal, or his deprivation of disposal.
- 5 Pursuant to the instructions of the Ministry of Justice published in the Iraqi Gazette in force under No. 4104
dated 25 / 6 / 58, the trustee of the mentioned endowment became the Administrative Committee for Iraqi Jews
(paragraph 4 of Article Three) of the instructions, and we attach a copy of the referred instructions.
And since the sale of this property is contrary to custom, law, and noble jurisprudence, and ⟦damage⟧ is expected from it
gross damage that cannot be avoided or compensated.
Therefore, please take a decision to disregard the sale and hand over the endowment to the trustee (the Administrative Committee)
to manage and spend the revenue on the beneficiaries.
Please accept our highest respects
President of the Administrative Committee
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Inspection Report of a Vacant Plot
Based on the letter from the Hebra Qadisha Society No. 213 dated 16 / 7 / 48 and referred to us
by the Presidency of the Jewish Community in its footnote No. 715 dated 23 / 7 / 48, which includes
a request to exchange the vacant plot belonging to the Midrash Talmud Torah endowments located in the Al-Bu Shibl neighborhood
with Tapu sequence 1 / 13, we went to the aforementioned site, and after viewing it, it became clear
that it is within a plot vacant of any building and that it is fenced on the side of the road, which is King
Ghazi Street. It is triangular in shape with an area of approximately six square meters. Adding this triangle
to the property of the adjacent Hebra Qadisha Society for the purpose of utilizing it to complete the expansion of the building area
and rebuilding it anew would cost the society exorbitant sums, which is not proportionate to
the expected benefit from this expansion and the expenses spent for it. We suggest, with the guidance of the trustee
of the Midrash endowments, purchasing the car belonging to this plot so that it can be utilized
in a way that benefits the endowment. 25 / 7 / 1948
Members of the Property Committee
Member | Member | Vice President
Saleh Shasha | Salman Ezra Sofair | ⟦signature⟧
⟦signature⟧ | ⟦signature⟧ |
⟦signature⟧
27 / 1
1400 Dinars
84 / 2 / 197