Legal Paperwork from the Daniel Family; Laws and Regulations
View interactive document pageThis is legal paperwork from the Baghdadi Jewish Community regarding the personal property of the Daniel family including contracts, depositions, correspondence, a small blueprint, deeds, receipts, and citizenship verification. There is a printed copy of Majmū‘a, a collection of laws and regulations for the Jewish community and includes 77/1931 and 36/1931. There is a printed copy of Al-Waqā’i‘ Al-‘Irāqiyah, the official government newspaper for publishing legislation and contains Law 64/1967.
Collection Law of the Israelite Community No. (77) of 1931 and Regulation of the Israelite Community No. (36) of 1931 Edition of the Israelite Charitable Society in Baghdad At its own expense with special permission from The Honorable Ministry of Justice 1932 "Price per copy: six annas"
- 3 - Article Three A - The President and the Chief Rabbi shall be of Iraqi nationality and shall have completed at least thirty-five years of age. They shall be elected by the General Council, provided that their term of office shall be four years. B - The head of the community may be a layman or a rabbi, and it is permissible to combine the positions of the head of the community and the Chief Rabbi in one person. Article Four The President is appointed by Royal Decree and dismissed by Royal Decree, which may be issued under the following circumstances:- 1 - Upon submitting his resignation to the Minister of Justice. 2 - Upon being sentenced to imprisonment by any criminal court. 3 - Upon the issuance of a decision by the General Council for his dismissal following an accusation against him, after conducting the investigation prescribed by law. 4 - Upon the issuance of a decision by the Council of Ministers for his dismissal due to negligence in following orders issued in accordance with Article Seventeen of this law. Article Five A - When necessary, the President shall convene the General and Lay Councils and shall exercise all powers and functions legally granted to him, and he shall be the official representative of the community regarding its dealings with the Government. Law Of the Israelite Community No. (77) of 1931 We, the King of Iraq With the approval of the Senates and the Chamber of Deputies, have ordered the enactment of the following law: - Article One The Israelite community in Iraq consists of several groups. Each group consists of Israelites residing in an area designated according to the regulations. Upon the implementation of this law, the recognized groups shall be those that have centers in Baghdad, Basra, and Mosul. Other communal organizations may be added whose area shall be determined according to the regulations, and following such addition, the areas of the existing groups shall then be adjusted. Article Two A - Each of the Baghdad, Basra, and Mosul groups shall have a President, a Chief Rabbi, a General Council, and a Lay Council, except that the Baghdad group shall have a Spiritual Council in addition to that. B - Other groups shall have a President, a General Council, and a Lay Council, but no Chief Rabbi shall be appointed for them unless a religious court is formed for that group in accordance with Article Fourteen of this law.
- 5 - Article Seven The functions of the Lay Council are: 1 - Supervising the management of estates, buildings, and properties endowed for charitable purposes. 2 - Managing schools and charitable institutions. 3 - Managing all matters related to expenditure and revenue, including the collection of sectarian fees and entitlements, and the appointment and dismissal of employees. 4 - Exercising all powers granted to the Council by the regulation. Article Eight If the Lay Council decides that one of the cases submitted to it is among the matters that must be decided by the General Council, the Head of the Community must order its referral to the General Council. Article Nine 1 - In the Baghdad community, the supervision of the education of clergy, and over doctrinal resolutions, and over all other matters related to the proper conduct of the spiritual affairs of the community shall be by the Spiritual Council, which consists of the Chief Rabbi, who presides over it, and seven members elected by the General Council for a term of four years. 2 - The Chief Rabbi shall perform those functions pertaining to the aforementioned matters. - 4 - b - If it becomes impossible for the Lay Council to perform its duties for any reason, the President must personally take whatever measures he deems necessary to preserve the affairs of the community, provided that he presents to the Council in its next meeting all the actions he has taken in this manner. Article Six 1 - The Lay Council shall consist of a president and eight members in the Baghdad community, and a president and four or six members in other communities as determined by the regulations. The General Assemblies shall elect the Lay Councils from the laypeople, and their term of office shall be for two years, provided that the members have completed at least twenty-five years of age. 2 - The President of the Lay Council shall act on behalf of the Head of the Community if it is impossible for this Head to perform the work due to illness or any other reason. 3 - If the Head of the Community is a layperson, he shall chair the Lay Council, and in this case, a president for this council is not elected; instead, the Lay Council elects one of its members as a deputy for the president to chair the council meetings and perform the duties of the Head of the Community when the need arises. 4 - The Chief Rabbi shall attend the sessions of the Lay Council if invited by the said Council, and he must provide the Council with all requested information pertaining to the affairs of the community.
- 7 - the General Council and participate in the deliberations; however, those who were not members of the General Council shall not have a vote in it. 6 - The head of the community presides over the General Council. Article Eleven The functions of the General Council are the election of the Presidents, Chief Rabbis, and councils; general supervision over the work of the councils; approval of budgets; adoption of accounts; deciding on matters referred to them according to Articles Eight and Nine; and performing regular business as authorized by the regulations. Article Twelve 1 - No person is permitted to participate in elections or be a member of one of the councils unless they are of Iraqi nationality. 2 - No person shall be a member of one of the councils who is not proficient in reading and writing. 3 - No person shall be a President, Chief Rabbi, or a member of one of the councils who has been convicted of a felony or a misdemeanor involving dishonor. 4 - Except for the President, no natural person has the right to be a member of one of the councils if they receive a salary from the community treasury. Article Thirteen 1 - A member is dismissed from one of the councils by submitting their resignation to the President of the relevant council. - 6 - as authorized by the Spiritual Council. 3 - In other communities besides Baghdad where a Chief Rabbi is appointed, he is the one who supervises the spiritual matters belonging to the community. 4 - The Spiritual Council in Baghdad and the Chief Rabbi - in other communities - have the right to request from the head of the community to submit to the General Council important matters for a decision. 5 - The General Council may dismiss the Chief Rabbi after conducting an investigation in accordance with the regulations issued under this law. Article Ten 1 - The General Council of the Baghdad community consists of sixty people, provided that seven of them are rabbis. 2 - The General Council in other communities consists of twenty to forty people as determined by the regulations. 3 - Members of the General Council in Baghdad, except for the rabbis, must each be no less than twenty-five years of age and shall be elected by the members of the community, and the right to vote is granted to every person who has completed the twenty-first year of age. The term of membership shall be four years. 4 - The rabbis of the Baghdad community elect the rabbis for the General Council. 5 - All members of the Lay and Spiritual Councils have the right to attend meetings
- 9 - rabbis elected by them, provided that in the absence of two rabbis, the Chief Rabbi replaces them with two persons from the laity. 3 - The decisions of all religious courts may be reconsidered upon the request submitted by the concerned party. The reconsideration is conducted by a court composed of the Chief Rabbi of the Baghdad community and four members of the Spiritual Council in Baghdad, provided that none of them were members of the court that rendered the appealed judgment. 4 - The Spiritual Council in Baghdad has the right, to ensure justice, to appoint two rabbis to be additional members who replace members who are unable to attend sessions of the religious courts, provided that these additional members do not participate in any other way related to the Council's affairs. 5 - In communities other than the Baghdad community, the Lay Council has the right to appoint another rabbi to represent the Chief Rabbi in the event of the latter's absence from the religious court. 6 - Judges and employees of the religious courts are considered public officials regarding the performance of their duties within the court staff. 7 - The Lay Council has the right to appoint a Jewish lawyer who holds the status of a lawyer to attend the sessions of the religious courts to guide the court regarding legal matters and procedures of pleading. The lawyer participates in the deliberations - 8 - 2 - A member of one of the councils shall be dismissed by a decision of that council after his accusation and the conduct of an investigation against him according to the procedures stipulated in the regulations. 3 - The election of a person to an office or membership shall not be prevented merely by his previous appointment to that office or to that membership or to that council. 4 - Members of the Lay Council and the Spiritual Council may be elected from among the members of the General Council or from outside. Article Fourteen 1 - In the communities of Baghdad, Basra, and Mosul, and in other communities which are designated by Royal Decree, a religious court shall be formed and it shall have the right of jurisdiction to hear lawsuits of marriage, dowry, divorce, separation, and marital alimony, and the verification of wills, except for matters falling under the jurisdiction of the civil courts specialized for the individuals of the community excluding foreigners among them, and all matters pertaining to personal status as submitted to the court by the agreement of both parties. 2 - The area of jurisdiction for each of the religious courts shall be determined according to the regulations. Article Fifteen 1 - In the Baghdad community, the religious court consists of three members of the Spiritual Council who are elected from time to time by the Spiritual Council as stipulated by the regulations. 2 - In other communities, the court consists of the Chief Rabbi and
- 11 - without delay. 2 - In implementation of the orders issued by the Minister of Justice under this article, and in the absence of a president or his deputy, or in the case of neglect or inability of the president to implement the mentioned orders, the Minister of Justice may temporarily appoint an acting president. 3 - Before exercising his powers under this article, the Minister of Justice shall take the measures he deems appropriate to enable him to verify the will of the community. Article Eighteen This law repeals all Ottoman regulations regarding the Israelite community, along with any amendments that may have been made to them. Article Nineteen 1 -- This law shall come into effect three months after the date of its publication in the Official Gazette. 2 -- Upon implementation of this law, new elections shall be initiated immediately; the institutions formed at the date of this law's application shall continue to perform their functions until the outcome of the elections. 3 -- The Decree of Communities No. 24 of 1930 is repealed upon the publication of this law. Article Twenty The Minister of Justice shall implement this law. - 10 - the court, provided that he shall have no judicial authority unless he is appointed as a member of the court in accordance with the second paragraph of this article. Article Sixteen Regulations may be issued for the following purposes: A - To determine the procedures for elections and the selection of candidates. B - To determine the method for convening councils and the manner of conducting business therein. C - The manner of accusing heads, the Chief Rabbi, and members of councils, and the form of conducting investigations against them. D - Determining the authority of disciplinary councils over their members. E - Determining the circumstances under which a vacancy occurs in one of the positions or councils formed in accordance with this law and the method of appointment to the vacant position. F - Determining the powers and functions of the councils and officials. G - For the proper implementation of this law in general and for the management of the community's affairs. Article Seventeen 1 - When a dispute arises in one of the groups regarding one of the provisions of this law or regarding the regulations issued thereunder, and that dispute is to the extent that it obstructs the proceedings of the religious courts or other communal matters, the Minister of Justice may issue such orders as he deems appropriate to the President regarding the procedures to be followed, and the President must order the execution of those orders.
- 13 - Regulation of the Jewish Community No. (36) for the year 1931 We, the King of Iraq, After reviewing Article 16 of the Jewish Community Law No. 77 for the year 1931, and based on what was presented by the Minister of Justice and with the approval of the Council of Ministers, We ordered the enactment of the following regulation: - Article One The General Council in Basra shall consist of a president and thirty members, and in Mosul of a president and twenty members, and the Lay Council in Basra shall consist of a president and six members, and in Mosul of a president and four members. Article Two 1 - The election of the members of the General Council shall take place under the supervision of an election committee composed of five persons appointed by the Minister of Justice in Baghdad and by the Governor in Basra and Mosul; one of whom shall be an official from the Ministry of Justice, and the other four from the notables of the community, provided that in the Baghdad community, one of these four members shall be from the members of the Spiritual Council. 2 - The election committee must designate the electoral districts and their centers which
- 15 - previously participated in the election in another division. 3 - It is not permissible to elect a person who was elected as a member in one of the divisions as a member in another division. 4 - The results of the elections in each division shall be announced immediately to the divisions in which the election has not yet taken place. Article Five On the day designated for the election in each division, the electoral body or the majority of its members shall attend under the chairmanship of the member representing the Minister of Justice, and there shall attend with them whoever is able to attend of the mukhtars of the neighborhoods located in that division, and they shall prepare the election papers stamped by them. After opening the ballot box and showing it publicly, it shall be locked with two keys, one of which shall be kept by the spiritual member and the second by one of the other members. Then the election shall begin by giving each voter a stamped paper to write on it the names of those they wish to elect and cast it by their own hand into the box. When the designated time ends, the box is removed and kept with the head of the body, and no appeal from any voter shall be accepted. If a doubt arises regarding the identity of one of the voters, the electoral body must verify it through the mukhtars present. The election shall continue from day to day as necessary, provided that its duration does not exceed three days. - 14 - Election is held therein provided that the number of electoral sections in Baghdad is not less than six, and the electoral body also determines the number of members to be elected from each section in view of the proportion of the sect's population in the section. Article Three 1 - Before commencing the elections, the electoral body must organize a register of the names of all those who have the right to vote, and it shall be posted in a prominent place in each area of the electoral areas for a period of eight days before the date of the election, so that those whose names are not included in the said register may object to that before the electoral body. 2 - Every voter wishing to participate in the election must participate in the elections of the section in which his place of residence is located, but he is not restricted to electing persons residing in that section or in any specific section. Article Four The electoral body must meet and determine the day on which the election takes place in each section and the dates for the start and end of the election, and it shall announce that in the local newspapers, and it must observe the following in that regard: 1 - The commencement of the election shall be at least one week after the date of the announcement thereof. 2 - No person shall be allowed to participate in the election if he has
- 17 - with a statement of the number of votes obtained, for the purpose of Article 15 of this regulation. Article Eight The electoral committee shall organize a report on the results of the election of each of its divisions, and at the conclusion of the elections in all divisions, it shall submit the report to the Minister of Justice in Baghdad and to the Mutasarrif in Basra and Mosul, while sending a copy of it to the Head of the Community. Article Nine Every expense required by the election shall be paid by the Lay Council, provided that no wages or allowances are allocated to the electoral committee, with the exception of the representative of the Minister of Justice who receives the allowances agreed upon by the Minister of Justice and the Lay Council. Article Ten The Chief Rabbi in Baghdad shall keep a register containing the names of all persons possessing the status of Rabbinate residing in Baghdad and shall submit a copy of it to the electoral committee at the beginning of its work. The electoral committee, before the election of the General Council is completed, must appoint a day on which the election of the seven Rabbis who are members of the General Council will take place, and announce this in one of the local newspapers. On the mentioned day, the election of the aforementioned persons shall take place in the same manner previously described for the election of the rest of the General Council members. It shall be limited - 16 - Article Six It is not permissible to nominate a person, promote them, or challenge them by anyone inside the premises where the election is taking place. Anyone who dares to do so shall be removed by order of the President. Article Seven 1 - Upon completion of the elections, the committee shall open the ballot box in the presence of the majority of its members and classify the votes, and it must disregard papers that are not stamped by it. It must also disregard any name appearing on the ballot paper in excess of the number of elected members designated for that section, and the excess shall be determined according to the order of the names on the ballot paper after omitting the names of persons who must be omitted according to paragraph 2 of this article. 2 - The name of a person who has been elected in another section must be omitted, or if it was not possible to read their name, or if they did not meet the legal requirements, or if their identity was not verified. 3 - If two or more persons receive an equal number of votes and an excess in the number required for election in the section occurs in this manner, the full number shall be determined by lot. 4 - The names of persons that were disregarded solely due to an excess in their number shall be recorded.
- 19 - Israeli [matters] must be decided upon urgently, and it is also permissible for the General Council to meet in an ordinary or extraordinary session based on the invitation of the Minister of Justice in Baghdad or the invitation of the Mutasarrif in Basra or Mosul. Article Fourteen A quorum is considered achieved in the sessions of the General Council, both ordinary and extraordinary, when a majority consisting of two-thirds of its members meets. If the required quorum is not achieved, the Council is called a second time, and at that time no consideration is given to the achievement of a quorum, provided that no article is decided upon unless sixteen votes in Baghdad, or eight votes in Basra, or five votes in Mosul have agreed to the proposal. Decisions are taken on all matters by a majority of the votes of those present, and if the votes are equal, the vote is repeated. The Head of the Community does not vote in the General Council unless he is one of its members. In that case, if an equality of opinions occurs, he shall have a second, casting vote. Article Fifteen If a membership in the General Council becomes vacant for any reason, it shall be filled by the person whose name is the first among those with the next highest votes in the relevant division. The Head of the Community must notify that person of the matter. A member of the General Council who does not attend two consecutive sessions without a legitimate excuse shall be warned of the necessity of attendance, and if he does not attend the third session, he shall be considered resigned. - 18 - The right to vote for the Rabbis registered in the aforementioned register. Article Eleven The head of the community shall call the General Council to meet for the first time after its election within ten days from the receipt of the election record from the electoral body. The proceedings in this meeting shall be limited to examining the objections that may arise regarding the election of a council member and deciding on them, unless the time of the meeting coincides with the ordinary meeting session of the council mentioned in the following article. No objection shall be accepted regarding the election of council members after the conclusion of its first session. Article Twelve The head of the community shall call the General Council to hold its ordinary meeting on the first Sunday of May each year, or the second Sunday thereof if there is a general obstacle to its meeting on the first Sunday. The duration of this meeting is fifteen days. And the council must complete its ordinary work during this period. Any meeting held outside the period specified in this article is considered an extraordinary meeting. Article Thirteen The head of the community may call the General Council to an extraordinary meeting when necessary. He must do so whenever he receives a written request from the Lay Council or one-third of the members of the General Council, or whenever a case is submitted to him by the Spiritual Council under paragraph 4 of Article 9 of the Community Law.
- 21 - is decided therein Article Nineteen If the position of the Head of the Community becomes vacant before the end of the four years legally designated, a new head shall be elected immediately, and the General Council shall be called for this purpose at once. The person elected in this manner shall perform all the functions of the presidency under the title (Acting Head) until the Royal Decree is issued for his appointment. Article Twenty The investigation into the conduct of the Head of the Community belongs to the Lay Council, and it has the right to file an accusation against him to the General Council, which must then look into the matter immediately. After investigating the charge, summoning the Head of the Community, and questioning him, it shall issue a decision to dismiss the charge, warn the Head, or dismiss him from his post. When a decision of dismissal is issued, the decision shall be submitted to the Minister of Justice to issue the necessary Royal Decree. Article Twenty-One The functions of the Lay Council include: 1- Management of endowments (Awqaf) for which a trustee cannot be appointed according to the conditions of its founder. 2- Supervision of the accounts of religious educational institutes that have allocations from the community fund or from the endowments designated for them after the death of the founder or from other sources of Israelite charities. - 20 - Article Sixteen The Corporal Council must submit to the General Council at least ten days before the date appointed for its regular meeting a general budget containing all chapters and details, and a general report on its activities and accounts for the past year. A delegation must be present in the Council during the budget deliberations, and the General Council decides on the sections of the budget and has the right to increase or decrease the total amount for each section thereof. Article Seventeen The General Council shall appoint at each of its regular sessions three auditors to review the accounts of the Corporal Council and submit a report on them to the General Council at the times it designates. Article Eighteen 1 - All fees and allocations in kind or in cash that have been customarily collected and taken by the community until now shall remain as they are unless a change or modification occurs in them according to the following paragraph of this article. 2 - The General Council alone has the right to increase or decrease fees and allocations or to create something new in them, provided that the Council's decision is subject to the approval of the Minister of Justice, who must enable the Spiritual Council to express its opinion on the legality of the matter in view of the religious provisions before
- 23 - unless the council's prior approval has been obtained for it. When a vacancy occurs in the Lay Council in Baghdad or in Basra, the Lay Council itself shall elect members from among the General Council to fill the first three vacant memberships. As for the fourth vacant membership and above, it shall be filled by a decision of the General Council. However, if four memberships become vacant at once, the entire Council shall be re-elected by the General Council. The Head of the Community must immediately summon the General Council for the matters mentioned above. If the entire council is elected anew in accordance with this article, its term shall be the remainder of the previous council's term. When applying this article in Mosul, the new council itself may fill the two vacant memberships, and the council must be elected anew when three memberships become vacant at one time. Article Twenty-Four The Head of the Community may accuse the Lay Council or any of its members before the General Council for violating the provisions of the Community Law or this regulation or official duties. The accusation may also be submitted to the General Council by a written report by one third of its members. The General Council, after investigating the charge and bringing the member or the Council and questioning them, may decide to dismiss - 22 - 3 - Supervising church real estate and properties and auditing their authorized agents regarding their revenues and expenses, whatever their source. 4 - Supervising the bodies and committees that collect donations in the name of the community for charitable works and auditing them. 5 - Supervising the management of cemetery affairs, preparation, shrouding, and burial from the financial perspective. 6 - Managing the finances of the slaughterhouses. The Council may conduct these matters directly or through a committee or committees appointed by it. Article Twenty-Two The Secular Council may establish a headquarters for itself, hold its sessions, and organize its work and affairs at the times and in the manner it decides. A quorum for its sessions shall consist of five persons in Baghdad, four in Basra, and three persons in Mosul. It shall make its decisions by a majority of votes, and if the votes are equal, the president shall have a second, casting vote. Article Twenty-Three If one of the members does not attend the sessions of the Secular Council three consecutive times without an excuse, a warning shall be sent to him by the Council regarding the necessity of attendance, and if he does not attend the fourth session, he shall be considered resigned. Travel is not considered an excuse unless
- 25 - Article Twenty-Eight The provisions of Article 23 shall apply to the Spiritual Council and its members, provided that the number of vacant memberships filled by the Spiritual Council does not exceed two memberships. Article Twenty-Nine All religious resolutions related to the principles of Taref, Kashrut, circumcision, worship, preparation, shrouding, burial, and other religious matters shall belong exclusively to the Spiritual Council, as well as the granting of licenses for preaching, provided that such licenses are restricted to rabbis. The Spiritual Council may conduct these matters directly or through a committee or committees appointed by it. 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 lay members, three of whom shall be elected by the Spiritual Council and the other three by the Lay Council, and it shall operate under the supervision of the Spiritual Council. Article Thirty If a dispute arises regarding the jurisdiction of the Spiritual Council or the Lay Council in any matter, the issue shall be presented to the General Assembly, which shall decide which of the two councils has the jurisdiction to settle the matter in dispute. - 24 - the charge, or cautioning the member, or dismissing him from the Council. If the charge is directed against the Council, it has the right to decide to caution the Council or dissolve it. If it is decided to dissolve the Lay Council or dismiss its president or vice-president, the head of the community must report that to the Minister of Justice in Baghdad or the Governor in Basra and Mosul. Article Twenty-Five The Lay Council, after obtaining the approval of the General Council, may appoint sub-committees to fulfill the duties of the Council, and it may determine how the committees perform their specific functions. Article Twenty-Six If a fiscal year occurs and the General Council has not yet ratified its budget, the Lay Council may spend from the community fund according to the previous budget until its new budget is ratified. Article Twenty-Seven 1 - It is permissible to file a charge against the Spiritual Council or against its members in the manner specified in Article 24 of this regulation. The charge is also submitted by the Chief Rabbi in Baghdad or by a decision of the Spiritual Council itself. 2 - The powers of the General Council when deciding on the charge are as stated in Article 24 of this regulation. 3 - No charge shall be filed under this article regarding the decisions of the Religious Court.
- 26 - Article Thirty-One In the event of the expiration of the term of office of the members or the council before the completion of new elections, the aforementioned members and councils shall remain in office until the completion of the elections. Article Thirty-Two Every Israeli of Iraqi nationality and residing in Iraq is considered a member of the community in whose area he resides, provided that he is not a member of two communities. Article Thirty-Three This regulation shall be implemented as of the date of its publication in the Official Gazette. Article Thirty-Four The Minister of Justice shall implement this regulation. Written in Baghdad on the sixth day of the month of December in the year 1931 and the twenty-sixth day of the month of Rajab in the year 1350. | | Faisal Ja'far al-Askari | Naji Shawkat | Nuri al-Said Minister of Foreign Affairs | Minister of Interior | Prime Minister and Acting Minister of Defense | | Muhammad Amin Zaki | Jamal Baban | Rustam Haidar Minister of Economics and Communications | Minister of Justice | Minister of Finance | Abdul Hussein | | Minister of Education | Published in the Iraqi Waqayi' Issue 1065, dated December 16, 1931