AI en Translation, Pages 26-50
Page 26
To the undersigned Munir Moshe Dangoor, Assistant Administrator of the Endowments of
the late Ezra Daniel, I have received from Mr. Ezra Nassim Elihu, the representative
of Mr. Kaddouri Salim Daniel and Elin Al-Sanat, regarding the transactions
for the classification of the plots mentioned below:
1- Report on the ownership of Mr. Ezra Daniel
2- Title deed for plot ⟦line⟧ 224/502 with its relevant land registry transactions
3- Endowment deed for the ownership plots of Ezra Daniel dated 14/7/49
4- Title deed for plot ⟦line⟧ 224/503 with its relevant land registry transactions
5- Ditto ⟦line⟧ 224/504 ⟦line⟧ Ditto
6- Ditto ⟦line⟧ 224/505 ⟦line⟧ Ditto
7- Ditto ⟦line⟧ 224/506 ⟦line⟧ Ditto
8- Ditto ⟦line⟧ 224/507 ⟦line⟧ Ditto
9- Ditto ⟦line⟧ 224/508 ⟦line⟧ Ditto
10- Ditto ⟦line⟧ 224/509 ⟦line⟧ Ditto
11- Ditto ⟦line⟧ 224/510 ⟦line⟧ Ditto
12- Ditto ⟦line⟧ 224/511 ⟦line⟧ Ditto
13- Ditto ⟦line⟧ 224/512 ⟦line⟧ Ditto
14- Ditto ⟦line⟧ 224/513 ⟦line⟧ Ditto
15- Ditto ⟦line⟧ 224/514 ⟦line⟧ Ditto
16- Ditto ⟦line⟧ 224/515 ⟦line⟧ Ditto
17- Ditto ⟦line⟧ 224/516 ⟦line⟧ Ditto
18- Ditto ⟦line⟧ 224/517 ⟦line⟧ Ditto
19- Endowment deed for plot 224/517 dated 21/8/49
20- Copy of deed 224/517
To be continued
Page 27
North
Director of Land Registry, Baghdad District
229
28.50
224/518
224/517
224/516
28.10
28.00
27.70
224/504
Baghdad District
Al-Hanadi Neighborhood
200
75 fils
10 fils
19
Dated 10/4/42
Scale 1/1000
This map was organized so that the area of ⟦land plot⟧ 224/517 equals eight hundred square meters only
Taken from the original map numbered 844 ACC Baghdad at the Baghdad Land Registry Department
10/4/42
Engineer
Inspection Officer
Number ⟦229/994⟧
Page 28
Personal Matters Court in Baghdad
No. 948/115 Sh
Judge - Mr. Daoud Al-Orfali
Ezra Menahem Daniel appeared before me, and after being identified by the identification witnesses, lawyer Salman Shina
and Victor Daoud, he stated: I, of my own free will, choice, and complete mental capacity and maturity, have removed from my private property the plot ⟦line⟧
of land located in the Battaween district of Baghdad, Land Registry sequence 502, 503, 504, 505, 506, 507,
508, 509, 510, 511, 512, 513, 514, 515, 516, and 324/516, and have endowed them as a valid, final, and perpetual endowment (Waqf)
to be used as a sports playground for the students of the Jewish community schools, provided it is named after me. I have assigned the trusteeship (Tawliya) over it
to the Lay Council of the Jewish community in Baghdad or any other body that has the right to represent the Jewish community
in Baghdad in the absence of such a council, under the following conditions:-
1 - The trustee may, when necessary, establish on the endowed plots a school or schools, and an educational, health,
vocational, technical, or industrial institute or institutes, provided that the sports playground aspect for the community's schools is secured to the necessary extent, whether on
the endowed lands or in another location. In all cases, such schools or institutes must be named after me.
2 - The trustee has the right to purchase other properties adjacent to the endowed property or outside of it and annex them to the aforementioned endowment under the same
conditions listed in this endowment deed.
3 - The trustee has the right to exchange the endowed plots for others if it is proven to him that the exchange is more beneficial for the purpose for which the mentioned plots
were endowed.
4 - The trustee shall entrust the management of the playground's administration or any other institution established on the endowed plots to a committee under
supervision ⟦line⟧
Accordingly, he requested the issuance of a deed confirming the validity of the mentioned endowment. Based on the foregoing, the validity of the mentioned endowment has been ruled
according to the conditions listed above, and what occurred was recorded upon request on 7/14/49.
Judge ⟦line⟧
⟦stamp: Personal Matters Court in Baghdad⟧
Chief Clerk
Saadoun Al-Qashtini
Page 29
49/122 Sh
Personal Status Court in Baghdad
Judge: Mr. Daoud Al-Orfali
Ezra Hachim Daniel appeared before me and after his identification by the identification witnesses, attorney Ibrahim Khazzoum and Tabka
bin Daoud, he stated, being in his full mental capacity and maturity and of his own free will and choice, as follows:
I had submitted a request on June 6, 948 to endow the properties listed in the endowment deed issued
on July 14, 1949 under number 48/115 Sh, and the deed was issued accordingly, and now I have endowed the property located
in Al-Bataween neighborhood, sequence 234/517, as a valid, final, and perpetual endowment to be an addition and supplement to the aforementioned properties
in the endowment deed issued on July 14, 949 under number 948/115 and subject to the same terms of guardianship
and the same aforementioned endowment provisions, and therefore I request the issuance of a deed for that.
Accordingly, and based on the above, the endowment has been completed, made binding, and its validity ruled upon in the manner explained above, and what occurred was recorded
by request, recorded on 8 / 31 / 949.
The Judge
Fiscal Stamps
75 Fils
10 Fils
10 Fils
Fee collected: ⟦Four⟧ Dinars 400 Fils
Number: ⟦2728⟧
Date: ⟦25⟧ / 8 / 949
Signature: First Clerk of the Baghdad Court of First Instance
Page 31
Personal Status Court of Baghdad
No. 945/33 Sh
The Judge - Mr. Abd al-Rahman al-Bazzaz
Based on the petition submitted by Ezra Menachem Daniel dated 8/7/1950 containing his request to amend
the Waqf deed numbered 945/33 and dated 2/25/1945, Ezra Menachem Daniel appeared before me and confirmed
the contents of his petition, and accordingly, since the endower has reserved conditions for himself, I have decided to amend the aforementioned Waqf deed
as follows:
First - These amendments do not affect the previous amendment, but rather relate to other matters of the endowment in which
I have reserved for myself the right to amend.
Second - This amendment does not touch the essence of the endowment, but rather deals with regulating the actions of the trustees and the endowment rights
stipulated, to prevent any action that touches the interest of the endowment.
The proposed amendments are detailed conditions that I am authorized to make under the endowment deed, provided they are attached
to the previous conditions for the endowment and its supplements, which are:
First - Adding the following phrase to the end of paragraph (E) of the third item.
Under no circumstances may they be invested by any body or any institution whose management, trusteeship,
or ownership belongs to the management of the Jewish Community in Iraq or to any council or any other Jewish association
in Iraq or by any trustee of other endowments or charitable institutions.
Second - Adding the following phrase to the end of paragraph (C) of the third item.
The committee is required to submit an annual report to the trustee on its work and on the progress of the institute or institutes
under its management and the degree of its success, along with stating what it deems appropriate in terms of proposals regarding the accounts to the trustee
annually.
Third - Adding the following paragraph to the third item as paragraph (L).
L - Every year, the trustee appoints a person or a body for the purpose of auditing the committee's final accounts. Accordingly, and based on
the request made, I have decided to issue this deed, provided it is an attachment and complement to the deed numbered 945/33
and dated 2/25/1945, and what was factual in the request was recorded.
The Judge
Page 33
Personal Status Court of Baghdad
Number 948/115 Sh
Judge: Mr. Daoud Al-Orfali
Ezra Menahem Daniel appeared before me, and after he was identified by the identification witnesses, Lawyer Salman Shina ⟦line⟧
and Victor Daoud, he stated: Of my own free will and choice, and in full sanity and maturity, I have removed from my ownership fifteen
pieces of land located in the Battaween neighborhood of Baghdad, land registry sequences 502, 503, 504,
505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, and
324/516, and have endowed them as a valid, final, and perpetual endowment (waqf) to be used as a sports playground for the students of the schools ⟦line⟧
of the Jewish Community, provided that it be named after me, and I have assigned the trusteeship over it to the Secular Council of the Jewish Community
in Baghdad or any other body that has the right to represent the Jewish Community in Baghdad in the absence of such
a council, under the following conditions: ⟦line⟧
1 — The trustee may, when necessary, establish on the endowed plots a school or schools and an educational institute or institutes,
whether health, vocational, technical, or industrial, provided that the sports playground for the community's schools is secured to the extent
necessary, whether on the endowed lands or in another location, and in all cases, such schools or
institutes must be named after me.
2 — The trustee has the right to purchase other properties adjacent to the endowed property or outside it and append them to the aforementioned endowment
under the same conditions listed in this endowment deed.
3 — The trustee has the right to exchange the endowed plots for others if it is proven to him that the exchange is more beneficial for the purpose for which ⟦line⟧
the mentioned plots were endowed.
4 — The trustee must entrust the management of the playground or any other institution established on the endowed plots to
a committee under his supervision.
Accordingly, he requested the issuance of a deed for the validity of the mentioned endowment. Based on the above, the validity of the mentioned endowment
has been ruled according to the conditions listed above, and the facts were recorded as requested on 7/14/49.
The Judge
75 Fils
10 Fils
10 Fils
⟦illegible⟧
Land Registry (Tabu)
Common Ownership
7/14/49
Page 35
Presidency of the Mosaic Community
in Baghdad
No. T /
Telephone Number { 83531 President
Date
80452 Secretary
Subject /:
- 2 -
We have verified the essence of the matter and that the properties referred to have their ownership established legally and sharia-wise, and they
are subject to the provisions of the endowment (waqf) and the conditions of the endowment deed.
Accordingly, please issue your order for the Administrative Committee for Iraqi Jews, which is the trustee over
these endowments, to continue managing and spending the endowment's proceeds on the entities specified in the endowment deed.
Please accept our highest respect.
Chairman of the Administrative Committee for Iraqi Jews
⟦illegible⟧
Copy to :-
His Excellency the Minister of Justice (Presidency of Legal Codification) with copies of the endowment deeds and notices
for kind review based on Article Four of the instructions of the Administrative Council
for Iraqi Jews.
His Excellency the Head of the Mosaic Community for kind information.
Attachments: Copies of endowment deeds and notices, count 6
Page 37
The Administrative Committee for Iraqi Jews
In Baghdad
Telephone Number { 83531 President
80452 Secretary
Number L /: 26 / 68
Date: 23 / 5 / 1968
Subject /:
2
Mahmoud
His Excellency, the Respected Minister of Justice
The Presidency of Legal Codification
Greetings and respect:
The General Secretariat for the Management and Supervision of the Property of Jews Deprived of Iraqi Citizenship has seized the properties of Ezra and Ezekiel Menachem Daniel, which are endowed (Waqf) according to legal deeds issued by the competent courts. Furthermore, it is in the process of holding our committee, which oversees these endowments, financially and criminally liable for utilizing these endowments. It has initiated the actions it intends to take via its letter addressed to the Ministry of Interior, numbered 11224 and dated 15/5/1968, a copy of which was sent to your Ministry and another to the Mosaic Community.
Since the Mosaic Community is linked to your venerable Ministry, and its affairs have been organized and coordinated according to your instructions published in the Iraqi Gazette, issue number 4104 dated 25/2/58, which established the administration of the Mosaic Community by Law No. 167 of 1963; and since the Administrative Committee, whose election was confirmed by your letter numbered 16/1/7 dated 26/1/1967, has its responsibilities, consultations, and actions fully linked to your respected Ministry, operating within the scope outlined for it in the instructions and orders.
Therefore, we present this problem before your venerable Ministry to kindly take the legal measures necessary to ensure justice and assist our committee within the framework of justice and law regarding what it must perform and follow. The aforementioned letter from the General Secretariat stated that the properties mentioned therein are not officially endowed, while these properties are endowed according to legal deeds issued by the Personal Status Court in Baghdad and sent to your Ministry enclosed with our letter numbered 18/68 dated 5/5/1968. Furthermore, we are prepared to pay the necessary amount to register these endowments in the Land Registry (Tapu) records.
Moreover, the yield of these property endowments constitutes the largest portion of the community's endowment revenue. Preventing their utilization and disposal will inevitably halt and disable the community's administration, such that the committee will be unable to spend on schools and other institutions, nor will it be able to help the needy, the poor, orphans, and widows, or secure their livelihood and treat their sick. Ultimately, it will not be able to fulfill the conditions of the endower (Waqif).
Accordingly, our committee, which is legally responsible before your Ministry for all its actions and was entrusted through election by the members of the community to manage its affairs—carrying this responsibility with pride and cherishing your Excellency's precious trust—sincerely hopes for a remedy to this problem by applying justice and fairness to save the institutions.
⟦signature⟧
Page 38
The Administrative Committee for Iraqi Jews
in Baghdad
Telephone Number { 83531 President
80452 Secretary
Number L /
Date
Subject / ⟦line⟧
The established and the neglected, and due to the condition of widows, orphans, the needy, and the sick, by working to lift the hand
from these endowments and allowing the trustee to dispose of them as before and spend their proceeds on the entities designated by
the endower, for "the condition of the endower is like the text of the Legislator."
Please accept the highest expressions of respect.
President of the Administrative Committee
⟦signature⟧
Page 39
Baghdad Civil Court for Personal Status Case Number - 48 / Sh / 1955
Judge - Mr. Sadiq Haidar Date - 4 / 9 / 1955
Mr. Farid Daoud Samra appeared before this court in his capacity as Chairman of the Administrative Committee for the
Jewish Community in Baghdad, acting in place of the Lay Council of the said community, in addition to the
committee mentioned in his petition dated 31 / 8 / 1955, which states that this court had issued
Hujja (legal deed) No. 134 / 944 dated 1 / 6 / 44 confirming the endowment (waqf) of Ezra Menahem Daniel for some
of his properties for the soul of his late brother Heskel Menahem Daniel, which he named (Heskel Menahem
Daniel Endowments). Since the aforementioned endower had assigned the trusteeship of this endowment to himself as long as he lived,
and after him, the trusteeship passes to the Lay Council of the Jewish Community or whoever takes its place, and since
the endower has passed away, it has become the right of the Lay Council to be the trustee over these endowments, and since
the Administrative Committee of the Jewish Community is the body acting in place of this Council, he requests the issuance of a
Sharia Hujja considering the mentioned Administrative Committee as the trustee over this endowment.
Based on the request, the court has reviewed the endowment deed issued by this court
under number 134 / 44 dated 10 / 9 / 1944, and it appeared that it concerns the completeness and necessity of Ezra Menahem
Daniel's endowment of a share of pieces of property belonging to him, which are vacant lands Tapu sequence 4 / 212 / 1, 4 / 166,
1 / 212, 5 / 212, 4 / 212, 3 / 166, and 1 / 166 located in the Al-Senak neighborhood in Baghdad,
as a valid endowment for the rest of the soul of his late brother Heskel Menahem Daniel, and that the endower assigned the trusteeship over them
to himself as long as he is alive, and also reserved for himself the right to appoint a trustee or trustees over the mentioned endowments
during his lifetime, provided that the trusteeship passes after him automatically to the
Lay Council of the Jewish Community in Baghdad or whoever legally takes its place in the event that no trustee
or trustees were appointed for the mentioned endowments during his lifetime.
The court also reviewed the Sharia distribution of inheritance issued under number 24 / 52 Sh dated 1 / 4 / 52
regarding the death of the endower Ezra bin Menahem Saleh Daniel. The court heard the testimony of both witnesses
Daoud Youssef and Isaac Ezra, from which it was confirmed that the aforementioned endower passed away in the year 1952.
It also reviewed the Ministry of Justice order number 1144 dated 24 / 11 / 53, which includes
the formation of a committee to manage what was entrusted to the Lay Council of the Jewish Community to perform in accordance with the law of
the community for the year 1931, consisting of five persons whose names are recorded in the mentioned order, including Mr.
Farid Daoud Samra. It also reviewed the letter from the Presidency of the Jewish Community in Baghdad addressed to
the Ministry of Justice under number T / 3240 dated 30 / 11 / 53, which includes the committee's decision to elect
Mr. Farid Daoud Samra as its chairman.
The Decision - Since the endowment deed under discussion has stipulated the transfer of trusteeship after
the death of the endower Ezra Menahem Daniel automatically to the Lay Council of the Jewish Community
in Baghdad or whoever legally takes its place in the event that no trustee or trustees were appointed for this endowment.
- To be continued -
⟦illegible⟧ Baghdad
⟦signature⟧
Page 45
Iraqi Gazette Issue 1437
6
1967/7/11
No. (67) of 1967
Law
Amendment to the Law on Writing Off and Exempting Uncollectible Amounts
No. (113) of 1966
In the Name of the People
Presidency of the Republic
Based on the provisions of Article (44) of the Provisional Constitution and based
on what was presented by the Minister of Finance and with the approval of the Council of Ministers.
The following law has been ratified:
Article One - The word (and warehouses) is added after the word
(and cars) mentioned in Article Four of the Law on Writing Off
and Exempting Uncollectible Amounts No. (113) of
1966.
Article Two - This law shall be published in the Official Gazette
and shall be considered effective from 10-1-1967.
Article Three - The Ministers shall implement this law.
Written in Baghdad on the twenty-fourth day of the month of Rabi'
Al-Awwal for the year 1387, corresponding to the second day of the month of July
for the year 1967.
General
Abdul Rahman Muhammad Arif
President of the Republic
and Prime Minister
Shaker Mahmoud Shukri
Minister of Defense | Ismail Mustafa
Deputy Prime Minister | Abdul Ghani Al-Rawi
Deputy Prime Minister
and Acting Minister of Foreign Affairs | Tahir Yahya
Deputy Prime Minister
Abdul Karim Hani
Minister of Labor and Affairs
Social
and Acting Minister of Health | Abdul Rahman Al-Qaysi
Minister of Education | Abdul Sattar Abdul Latif
Minister of Interior | Abdul Rahman Al-Habib
Minister of Finance
and Acting Minister of Economy
Fadel Mohsen Al-Hakim
Minister of Communications | Abdul Majeed Al-Jumaili
Minister of Agriculture | Abdul Karim Farhan
Minister of Agrarian Reform | Ahmed Matloub
Minister of Culture and Guidance
Abdul Razzaq Muhyi al-Din
Minister of Unity | Abdul Sattar Ali al-Hussein
Minister of Oil | Khalid Al-Shawi
Minister of Industry | Muhammad Yaqoub Al-Saidi
Minister of Planning
| Yassin Khalil
Minister of Youth Welfare | Gharbi Al-Haj Ahmed
Minister of State |
Explanatory Reasons
When preparing the draft Law on Writing Off and Exempting Uncollectible Amounts No. 113 of
1966, it was noticed that Article Four of it lacked the mention of the word (warehouses) by mistake, and to achieve the purpose
of the law on one hand, and to enable the Tobacco Monopoly Administration to write off the prescribed amounts from its records
permanently on the other hand, this law was enacted.