AI English Translation, Pages 1-25
Tapu Form 33: Inspection Form for Consideration, Fees, and Official and Unofficial Expenses Incurred on Real Estate Transactions
Registration No. | Registration Date | District | Quarter or Village | Type and Door Number | Property Type | Boundaries and Area | Estimated Price Before | Method of Title Transfer | Possession | Consideration and Value | Remarks
272 | 13 July ⟦illegible⟧ | Tuz Khurmatu | ⟦illegible⟧ | Old ⟦illegible⟧ New 157 | Residential house built with mudbrick and gypsum ⟦illegible⟧ | Bounded on the east by a public road, on the west by the house of ⟦illegible⟧, on the north by the house of ⟦illegible⟧, and on the south by the house of ⟦illegible⟧ | 11 Ottoman Liras | According to a Sharia deed dated 18 Rabi' al-Awwal year 1271 | In the hand of ⟦illegible⟧ son of ⟦illegible⟧ | 7500 |
⟦illegible stamp with tughra-like design⟧
The house mentioned above ⟦illegible⟧ the estimated value ⟦illegible⟧
⟦circular stamp with text: Kirkuk Tapu Department⟧
Tapu Officer ⟦illegible⟧
10/10/1927
To the Presidency of the Kirkuk Court of First Instance
Based on order number ⟦illegible⟧ dated ⟦illegible⟧
We attach herewith a copy of the registration ⟦illegible⟧
Kirkuk Tapu Officer
Lawyer
Sabri Al-Zubaidi
Saadoun Street - Al-Samin Building
Near Al-Nasr Square
Baghdad: 12/6/1968
Telephone { Office: 83345
Residence: 34262
Administrative Committee for Iraqi Jews
Number 68
Date 20 / 6 / 1968
General Secretariat for the Supervision and Administration of the Property of Jews Deprived
of Iraqi Nationality
Rentals Department
Subject / ⟦illegible⟧
Greetings,
With reference to your letter numbered 10793 and dated 12/5/1968 addressed
to the Secretariat for the Appraisal of ⟦Immovable⟧ Property / Committee for Following Up on Houses and Shops regarding the share of Mr.
My client, formerly Hasso Brothers stores (United Hasso Markets Company - Setir Hasso and Sons)
regarding the seizure of the apartment numbered 12 233/98 registered and belonging to the deceased Jew
Heskel Menachem Daniel, currently occupied as a warehouse for my client's stores. I request you to kindly note
the following:-
1- The aforementioned apartment is leased by my client for a period of five years from 10/11/66 until
9/11/1971 at an annual rent of seven hundred and fifty Dinars according to the lease contract,
the first for a period of three years from 10/11/1966 until 9/11/1969 and the second complementary
to the first contract for a period of two years starting immediately from the end of the first contract, i.e., from 10/11/969
until 9/11/1971.
2- The mentioned apartment is among the properties endowed to the Mosaic community, and therefore the contract was made with
the Chairman of the Administrative Committee for Iraqi Jews in addition to his position as the trustee over the endowments
of the deceased Jew Heskel Menachem Daniel.
3- My client is obligated under the provisions of paragraphs (a and b) of the third clause of the first lease contract
dated 10/11/1966 to spend on the described apartment an amount not less than -/1200
Dinars for the purpose of establishing, constructing, and repairing some features that need repair and restoration
in a manner consistent with my client's activities and from its own funds without having the right to recourse against the first
party - the lessor - for what it spends in this regard. Also, it does not have the right to remove or take away what it may
add to the apartment at the end of the contract period and the evacuation of the leased property or to demand from the mentioned party
any compensation for that. This is in addition to the repairs and restorations the building needs
during the contract period, and this is naturally apart from the annual rent payments that must be paid
when due. For information, the total amount spent by my client for the aforementioned purposes until the present
time is no less than -/1500 Dinars.
Accordingly, my client has the right to occupy the apartment leased by it referred to above
until the end of the lease period on 9/11/1971, and it also has the right to sublease it to others
for the remainder of the contract period and under the same agreed-upon conditions according to the fifth paragraph of the lease contract.
⟦illegible⟧
Lawyer
Sabri Al-Zubaidi
Al-Saadoun Street - Al-Samin Building
Near Al-Nasr Square
Baghdad: 12 / 6 / 1968
Office Phone: 83345
Residence: 34262
( 2 )
Dated 1 / 11 / 1966 and pursuant to the provisions of the Real Estate Rent Control Law and its amendments.
B - The current year's rent amounting to / 650 Dinars will be due on 10 / 11 / 1968. And
my client will pay this rent and the rest of the other rents, each on its due date, to your
esteemed directorate instead of paying it to the lessor - the Administrative Committee for Iraqi Jews in Baghdad - as per
your request in your above-mentioned letter. Enclosed is a photograph of each of the two aforementioned lease contracts
for your kind review.
Please accept my respect and appreciation
Lawyer
Sabri Al-Zubaidi
General Agent for Aswan Hammo Company
The Establishment - Bahjat Hammo and Sons -
Under the general power of attorney certified by the Notary Public
of East Baghdad under general number 11273 and dated
7 / 11 / 1966
A copy to /
Ministry of Interior / for kind information and with reference to the letter of the General Secretariat for the Control and Management of Property
of Jews whose Iraqi citizenship has been revoked, mentioned above.
Baghdad Governorate / Presidency of the General Settlement Council for kind review and with reference to the two letters of the Directorate of Education
Evening Education Committee for Baghdad Governorate / Al-Rusafa numbered 23912 and 25315
Directorate of General Administration at the Ministry of Education / Accounts, dated 19 / 5 / and 27 / 5 / 1968.
Directorate of Education for Baghdad Governorate Al-Rusafa / Contracts / with reference to your two letters mentioned fourthly.
Presidency of the Administrative Committee for Iraqi Jews in Baghdad / for information please.
Messrs. Aswan Hammo Establishment Company (Bahjat Hammo and Sons) Accounts / for information please.
Personal Status Court in Baghdad
Number 952/24 Sh
Judge - Mr. Abdul Rahman Al-Bazzaz
On March 3, 1952, Ezra bin Menachem bin Saleh Daniel (known) as (Ezra Menachem Daniel) died
And his inheritance was limited to his two cousins, namely Khedhouri (nicknamed Frederick) and Salim, the sons of Sassoon Saleh Daniel, and there is no heir
other than them, according to what was stated in the statement submitted by the Mukhtar of Al-Sinak neighborhood dated 4/8/1952 and supported by the information of both Daoud
Haroun Daoud Nawi and Ibrahim Moshi Haroun Khalaschi. Therefore, the inheritance issue is correct from two shares for each of
his cousins Khedhouri (nicknamed Frederick) and Salim, the sons of Sassoon Saleh Daniel, one share according to the Sharia obligation and upon
the request of the heirs, this Sharia distribution was organized. Written on 4/21/952.
⟦stamp with sunburst emblem and text⟧
50 Fils
True copy
18
⟦signature⟧
First Clerk
1943/34 S
Judge Mr. Hussein Al-Mu'min
Heskel Menachem Daniel passed away on 1/14/1943 and his inheritance was restricted to his older brother Ezra Menachem
Daniel and he has no heir other than him according to the statement submitted by the Mukhtar of the Al-Senak neighborhood supported by the testimony
of both Victor Dawood and Ezra Meir Baruch and the heir Ezra, and accordingly the matter of inheritance was validated in one share by the brother Ezra
Menachem Daniel, in accordance with the legal obligation and based on the statement submitted and the request of the heir Ezra Menachem Daniel
aforementioned, this distribution of inheritance was organized on 3/26/1943
Judge of Personal Status in Baghdad
⟦stamp⟧
Copy ⟦illegible⟧
⟦signature⟧
Lawyer
Sabri Al-Zubaidi
Saadoun Street - Al-Samin Building
Near Al-Nasr Square
Baghdad:
Office: 83345
Residence: 34262
Telephone:
The Honorable Judge of the Karrada Court of First Instance
Plaintiff: Hasso United Markets Company (Bashir Hasso and Sons), represented by Lawyer Sabri Al-Zubaidi under
the General Power of Attorney certified by the Notary Public of East Baghdad under General Number 16273 dated 11/7/66.
Defendant: The Secretary-General for the Supervision and Administration of the Property of Jews Deprived of Iraqi Nationality, in his official capacity.
Subject of the Lawsuit:
My client previously leased from the Chairman of the Administrative Committee for Iraqi Jews, in his official capacity, the building
numbered 42H / 233 located in the Al-Sinak district (formerly the Menachem Daniel School building) for a period of five years
starting from 11/10/66 until 11/9/71, at an annual rent of -/750 seven hundred and fifty
dinars, pursuant to the lease contracts dated 11/10/66 and 11/10/69, for use as a warehouse for commercial
goods and for the maintenance of electrical appliances and others. The defendant later, in his letter No. 10973 dated
12/5/1968, informed my client that he had taken possession of the mentioned property and requested that no payments be made
to the lessor from the date of notification of this letter. My client, in the letter dated 13/6/66, informed him that
there was no objection to paying the rent for the current year, which would fall due on 11/10/68, amounting to -/750 dinars,
and the rest of the other payments to him at their respective due dates, instead of delivering them to the lessor as requested in his
aforementioned letter. Then, in his letter No. 26653 dated 11/9/68, he requested the evacuation of the property in question and its delivery
to him within seven days from the date of receipt of this letter, to be used as a school for the Al-Mansour Preparatory School for Girls, based on
Law No. ⟦...⟧ of 1963.
It is worth mentioning and noting that the mentioned property is part of the endowment properties belonging to Ezra Menachem Daniel,
who died in 1944, and that the lessor, in his official capacity, is the trustee over it, and it is not among the frozen properties belonging to any
of the ⟦...⟧ deprived of Iraqi nationality so as to be covered by the provisions of the Law Regulating the Lease of Frozen Houses No.
⟦...⟧ of 1960, and that the defendant has the right to place ⟦...⟧ warning lease contracts for the purpose of
public benefit according to the first article of this law.
This is on one hand, and on the other hand, my client has undertaken to spend no less than -/1200 one thousand two hundred dinars on
the leased building for the purpose of construction, establishment, and essential repairs to make it suitable for the requirements of its work involving important assets,
without having the right of recourse against the lessor for what it spends and pays in this regard, nor does it have the right to uproot or
remove what it adds to the building at the end of the property term and the evacuation of the leased premises, or to claim any compensation from the lessor of any kind,
according to paragraph (a) of the third item of the lease contract dated 11/10/66 and the third item of the lease contract
dated 11/10/1969, which followed the first contract and complemented it, and it has actually, up to this date, spent
no less than -/2000 two thousand dinars of its own money for the aforementioned purposes.
Therefore, whenever it is decided that the defendant has the legal right to terminate the lease contract and evacuate the leased premises for public benefit purposes,
he shall be obliged, in this case, to compensate my client for what it has spent and paid of its own money on the leased building,
in fairness in the exercise of the right.
Lawyer
Sabri Al-Zubaidi
Al-Sa'doon Street - Al-Samin Building
Near Al-Nasr Square
Baghdad:
Telephone { Office: 83345
Residence: 34262
Supporting Evidence:
⟦line⟧
1- Lease agreement dated 11/10/66
2- Lease agreement dated 11/10/66 subsequent to the first contract and complementary to it
3- Lessor's letter No. 24 dated 6/9/68
4- Defendant's letter No. 10793 dated 12/5/68
5- Defendant's letter No. 26653 dated 4/11/68
6- My client's letter dated 13/6/68
7- All other legal evidence
Demands:
⟦line⟧
1- Considering this lawsuit as an urgent matter and disregarding written notifications
2- Delaying the execution of the defendant's letter No. 26653 dated 4/11/68 until the outcome of the lawsuit
and providing legal bail.
3- Setting a date for the hearing and obliging the defendant not to oppose my client in occupying the leased property and utilizing
its benefit for the period specified in the two aforementioned lease agreements, and charging him, in addition to his position, the costs
of the trial and attorney fees.
Please accept the highest respect
⟦signature⟧
Lawyer
Sabri Al-Zubaidi
General Agent for the Plaintiff
The Lawyer
Sabri Al-Zubaidi
Al-Saadoun Street - Al-Samin Building
Near Al-Nasr Square
Telephone { Office: 83345
Residence: 34262
Baghdad: 3 / 12 / 968
The Honorable Judge of the Karrada Court of First Instance
Applicant for Urgent Inspection: Hasso United Markets Company - Represented by its General Agent, Lawyer Sabri Al-Zubaidi
Respondents for Inspection: 1- The Chairman of the Administrative Committee for Iraqi Jews, in addition to his position.
2- The Secretary-General for the Supervision and Management of Properties of Jews Deprived of Iraqi Citizenship, in addition to his position.
Grounds for the Request:
My client has leased from the first respondent for urgent inspection,
in addition to his position, the building numbered 42 E / 233 located in the Al-Sinak district (formerly the building of ⟦Ezra⟧ Menachem
Daniel) for a period of five years starting from 10 / 11 / 966 until 9 / 11 / 971 with an annual
rent of 7500/- Dinars according to the two lease contracts dated 10 / 1 / 966 and
10 / 11 / 969, for use as a warehouse for commercial goods and for the maintenance of electrical appliances and others.
It was stipulated in the two aforementioned contracts that my client undertakes to spend no less than 1200/- Dinars
on the leased building from its own funds for the purpose of constructing, establishing, and repairing some of its sections to become
suitable for its business requirements, without having the right to claim back from the lessor what was spent in this
regard, nor having the right to remove or take away what was added to the building upon the expiration of the contract period
and the evacuation of the leased property, or to demand any compensation of any kind from the lessor. Indeed, it has spent no less
than 2000/- Dinars for the aforementioned purposes from its own funds.
It is worth noting that the second respondent for urgent inspection has seized
the leased building and requested in his letter No. 26653 dated 4 / 11 / 968 its evacuation and delivery
⟦to him⟧ based on Law No. 64 of 967 on the grounds that its ownership belongs to...
Therefore, I request the notification of the respondents for urgent inspection with the inspection summons and the appointment
of a day and the selection of an expert by the honorable court to estimate the cost of the constructions, installations, and repairs
in the leased building and to grant permission to remove and dismantle those structures and installations in the event that it is decided
to vacate the leased building later, in order to preserve my client's rights from loss.
Please accept the highest respect.
Lawyer Sabri Al-Zubaidi
General Agent for the Applicant of the ⟦Urgent⟧ Inspection
2 / 12 / 968
- 1 Copy of the General Secretariat letter No. 11224 dated 15 / 5 / 1968
- 2 Copy of the Administrative Committee letter No. 218 / 68 dated 5 / 5 / 68
- 3 Copy of the Administrative Committee letter No. 26 / 46 dated 24 / 5 / 68
- 4 Copy of the Ministry of Justice letter No. 182 / 7 / 1 dated 20 / 5 / 68
- 5 Copy of the Ezra Menahem Daniel Endowment minutes No. 22 / 45 dated 25 / 2 / 43
- 6 Copy of the endowment minutes " " " representing the guardianship to the Administrative Committee for No. 58 / 55
- 7 " " " (Haqr Menahem) in which Ezra Menahem returns 24 / 12 / 44 and dated
10 / 9 / 44
- 8 Copy of the Al-Mushir Menahem endowment minutes representing the guardianship to the Administrative Committee for No. 48 / 55 and dated
- 9 Internal bylaws for Moussa Ezekiel Menahem
- 10 Ministry of Justice letter 1 / 7 / 1 dated 15122 / 68 (Return to representing the committee for the management of the Haqr endowment)
- 11 Ministry of Justice letter 1 / 7 / 1 dated 17 / 7 / 68 (Rotation decision)
- 12 Ministry of Justice order appointing the committee
- 13 Ministry of Justice statement for the year 1958 (Administrative Council for Jews and Sacrifices)
- 14 Law No. 24 of 1968
- 15 " " " for the year 1968
- 16 Mosaic Community Law
- 17 Please review Laws 90 and 167 of 1963 from the collection
from the collection
Lawyer
Salman Bayat
3
If there is no Sharia deed supporting it and it has not been disposed of as an endowment (waqf) for thirty-six years... because the endowment becomes binding
by the mere act of endowment, which is the fatwa-given opinion. Even if the endowed property was delivered after the endowment to the trustee (mutawalli), the endowment has become binding even if it was not registered...
(Arrangement of Classes in the Rulings of Endowments by Professor Ali Haidar, page 238).
Second - It is noted that the Civil Code did not stipulate a limitation period for endowments, so it is necessary to refer to the rulings of
Islamic Sharia. These are the rulings applicable in this case pursuant to the provision of paragraph 2 of Article 1 of the Civil
Code, which stipulated the application of Islamic Sharia rulings in the absence of a text regulating a ruling in the Civil Code...
The limitation period for endowments according to the rulings of Islamic Sharia is thirty-six years (pp. 596 and 643 of the previous reference and Radd
al-Muhtar page 472)... such that the first endowment deed was issued in 1944 and the second deed in 1945
and it was confirmed by the deed issued by the Personal Status Court regarding the endower's entrustment to the plaintiff trustee in the year 1955. And
the plaintiff, and before him the Lay Council, and before them the endower, are still disposing of these properties and managing them as endowments
according to the endower's conditions recorded in the two deeds issued by the Personal Status Court in Baghdad... therefore, there has not
passed more than 13 years since the deed of trusteeship by which the plaintiff began managing these endowments - and he manages them without
dispute as endowed properties... so there is no statute of limitations in them.
Third - The endower Ezra Menahem Daniel died in the year 1952 and he was the trustee over what he endowed. And
accordingly, not more than 24 years have passed since his disposal as a trustee over the endowment and since the defendant's opposition to what he endowed (regarding
the endowed properties ⟦line⟧ so there is no passage of time even in the worst-case scenarios..
The Request:
Therefore, I request the favor of ruling against the defendant in addition to his capacity as follows:-
1 - Preventing his opposition to us in our capacity as the trustees for managing the affairs of these endowments and compelling him to hand over all the endowments that he
laid hands on and recently to us free of occupants because Salim and Khedhouri, the sons of Sassoon Daniel, the Jews who were stripped
of Iraqi citizenship, have no right to them because they were endowed during the lifetime of Ezra Menahem Daniel. Inheritance does not apply to what is endowed. As
we also request preventing his opposition to us from registering the endowments subject of the lawsuit's research as (waqf) in the Land Registry Department.
2 - Preventing his opposition to us regarding the amounts we collected from these endowments and which he is now demanding we return to him, because they are
the yield of these endowments and were spent according to the endower's condition and are not inherited by Salim and Khedhouri, the sons of Sassoon Daniel.
3 - Ruling against him for the trial costs and attorney fees - and to your sovereignty is the command and respect.
23 / 12 / 1968
Lawyer Salman Bayat
Agent of the Plaintiff, Head of the Administrative Committee for Iraqi Jews
In addition to his capacity
Attachments:
- Two deeds 2 - Deed of Trusteeship
- Estate distribution of ⟦Sassoon⟧ Menahem Daniel
- The defendant's letter addressed to the plaintiff
- A copy from the Ministry of Justice regarding the entrustment of the endowments to the plaintiff
Lawyer
Salman Bayat
Legal Discussion:
This action taken by the defendant has no basis in Sharia or law for the following reasons:-
1 - The endowments (waqf) included in the first deed had their ownership transferred from their owner (Hesqel Menahim Daniel)
after his death to his brother (Ezra Menahim Daniel) exclusively according to the distribution of estate issued by the Personal Status Court under number
24 / 1943 Sh and dated 29 / 3 / 43 AH, so the heir (Ezra) endowed them according to the endowment deed issued by the Personal Status Court
in Baghdad under number 124 / 44 Sh and dated 10 / 9 / 44.
2 - And (Ezra Menahim Daniel) had endowed, by the second deed numbered 33 / 45 Sh and dated 25 / 5 / 45 issued
by the same Personal Status Court, his other properties listed therein, which the defendant recently took possession of..
3 - The legitimacy of the endowment is established by the Book, the Sunnah, and consensus, and the endowment becomes binding upon the act of endowing, and the endowment of a Dhimmi
whether Jewish or Christian for the poor of the Dhimmi people is permissible (page 239 of Fatawa al-Anqarawiyya Vol. 1) and the establishment of
the endowment subject of the lawsuit is confirmed by the two deeds issued by the Personal Status Court, therefore it is not permissible to interfere
with the plaintiff regarding the mentioned endowment unless the defendant proves that the two deeds are forged (only), which is impossible to present
at all because they are registered in the records of the competent court.
4 - There is nothing in all the laws in force nor in the Tapu Regulation No. 64 of 1959 that considers registration in the
Tapu Department a condition for the validity of the endowment or its enforcement, for it is valid and enforceable by the mere issuance of the endower's will to endow, and therefore
the jurists of Islamic Sharia decided the permissibility of proving the origin of the endowment and its expenditure by personal evidence and even by hearsay evidence (Art. 567 of
the Book of the Law of Justice and Equity by Qadri Pasha) ..
If the legislator wanted a specific form for the contract, he would have imposed it on it as he did in the contract of ⟦line⟧ sale of real estate (Art. 508 Civil) and its gift
(Art. 606) and its transfer (Art. 1286) and its security mortgage (Art. 1324) and partnership (Art. 628 Civil) and the life annuity contract
(Art. 979 Civil) and so on, and what we have mentioned here is by way of example, not limitation... in all these resources the text of
the law explicitly states the necessity of completing the contract in the form prescribed by law, which is registration, otherwise the contract is void..
5 - As for the endowment, the law did not require a special formality for its conclusion, nor did it require the registration of the endowed property, nor did it consider
this registration in the Tapu Department a condition of the contract's conditions nor of its enforcement conditions, but rather it is sufficient for the conclusion and completion of the contract
the issuance of one of its specific terms issued by its people added to a place capable of its ruling and fulfilling the conditions of validity (Art. 2
of the Law of Justice and Equity by Qadri Pasha and Fatawa al-Hindiyya page 296 and al-Durr al-Mukhtar pages 494 and 495) -
And as soon as the endowment is validly concluded, the endower's ownership of the endowed asset ceases and the endowment becomes binding, so the endower does not own
the right to revoke it, nor does it belong to any of the beneficiaries or others, and it is not inherited, and this is its requirement (Art. 3 of the previous reference)
and its binding nature and the cessation of the endower's ownership of it are confirmed if a Sharia judge rules on it (Art. 4 of the same reference) and this is what is fulfilled
in these endowments by the issuance of the two deeds therein by the Personal Status judge, and the endower's ownership also ceases by handing over the endowment to
a trustee.. Article 66 of the Tapu Regulation No. 64 of 1959 stipulated the obligation of the Tapu Department to register it based
on the Sharia deed issued for the endowment or an enforceable judgment of a competent court if registration is presented to it, so it is
neither a condition for the conclusion of the contract nor a condition of bindingness...
6 - As for the defendant's claim of the existence of the passage of time (statute of limitations) on the deed, it has no basis in Sharia or law or in the reality of this deed
because: First - the deed is not subject to prescription, nor does it turn the endowment registered therein into private property just because it was not
registered in the Tapu Department, because registration therein is not a condition for the conclusion of the endowment nor for its bindingness, but prescription applies in the endowment
Lawyer
Salman Bayat
9
To the Honorable Judge of the Baghdad Court of First Instance
Plaintiff - The Head of the Administrative Committee for Iraqi Jews in his official capacity - represented by Lawyer Salman Bayat.
Defendant - The Secretary-General for the Supervision and Administration of the Property of Jews Deprived of Iraqi Citizenship in his official capacity.
Summary of the Case:
(Ezra Nahim Daniel) had endowed his properties located in the Al-Sinak district of Baghdad, numbered 4/212, 166/4,
1/212, 5/212, 4/212, 3/166, and 1/166, according to the conditions contained in the deed issued
by the Personal Status Court in Baghdad under number 134/44 Sh and dated 10/9/44 - then he returned and endowed his properties located in
the Bab al-Agha district, which are the Khan sequence 2/57, the Khan sequence 4/57, and the five shops sequence 1172,
1190, 1180, 47, and 49, according to the deed issued by the Personal Status Court under number 33/45 and dated
25/6/45. In both deeds, he stipulated that their revenues be spent on establishing charitable health, cultural, and vocational institutions and institutes,
and for the aid of the poor of the Mosaic community according to the aspects and conditions recorded therein. He reserved for himself the trusteeship as long as he lived, and after him,
the trusteeship passes to the Spiritual Council or whoever legally takes its place in the event that he did not appoint a trustee for the endowments during his lifetime.
The endower (Ezra) continued to manage the affairs of these endowments himself while he was alive. When he died in 1952,
and due to his failure to appoint a trustee to manage his endowments, the trusteeship passed to the Spiritual Council according to the endower's condition. The said Council continued
to manage the endowed properties according to the endower's condition until the Administrative Committee for the Israelite Community in Baghdad took the place of the Spiritual
Council by order of the Ministry of Justice numbered 1944 and dated 1/1/53. The said Committee obtained
from the Personal Status Court a deed under number 41 Sh / 55 and dated 28/7/55 as the trustee of the mentioned endowment.
The said Committee (the trustee) continued to manage these endowed properties according to the endower's condition and spent their proceeds on the aspects
stipulated in the two endowment deeds, according to the instructions of the Administrative Council for Iraqi Jews issued by the Ministry of Justice
and published in the Iraqi Gazette under number 4104 and dated 25/6/58. The Law for the Administration of the Mosaic Community No. 167
of 1963 was issued, which confirmed the existence of this committee and its legal status in the text of its first article, stating that (the property of the Mosaic
community, its temples, schools, and all its affairs shall be managed by a trusteeship committee from the members of the said community), and the second article
of this law considered the instructions referred to above valid until the issuance of other instructions ⟦line⟧ and it continued as such
since 1954 without opposition from any party until we were surprised by the defendant issuing his letter numbered 11624 and
dated 15/5/68 addressed to the Minister of Interior, with a copy to us, in which he claimed that these properties subject
to the lawsuit are not endowed simply because they are still registered in the Land Registry department in the name of their owners Ezra and his son Nahim
Daniel, and since they have died and their heirs are their two sons Salim and Shawkat, the sons of Sassoon Daniel, whose citizenship was revoked from the first
on 28/12/63 and from the second on 25/1/63, it was his opinion that the actions of the Mosaic community and the Administrative
Committee formed according to the law to manage the community's properties and endowments are incorrect because, as he sees it, they belong to the two mentioned
Jews whose Iraqi citizenship was revoked ⟦line⟧ and with this claim, he took possession of them and requested the actual occupants to contract
with him. He requested us to provide him with all the lists pertaining to these endowments that were managed by us and that we pay him all
the amounts we have from the date of the revocation of citizenship of these two heirs until the date he took possession of them ⟦line⟧
Despite providing him with the two endowment deeds certified by the competent court, he did not pay attention to them and continued his actions regarding the endowments
on the basis that they are still private property and that they have become inherited by two Jews whose Iraqi citizenship was revoked ⟦line⟧
Baghdad Conciliation Court
Case Number / / 19
Judge - Mr. ⟦line⟧ Date / / 197
Republic of Iraq
( 6 )
referred to above as properties endowed by the endower (Ezra Menachem Daniel) and handing them over
to the plaintiff free of occupants and registering these properties as endowed in the Land Registry departments after
this judgment acquires final status, and charging the defendant in addition to his position the costs and attorney fees
for the plaintiff's attorney in the amount of five hundred dinars in accordance with Article (63) as amended of the Legal Profession Law.
Second - Since the plaintiff's attorney had ⟦line⟧ in the second paragraph of the lawsuit petition to prevent the opposition of the defendant
to his client regarding the amounts previously collected for these endowments, and as a result of the defendant's attorney's challenge
at the time regarding the impermissibility of combining an in rem action and a personal action in one petition, and charging the plaintiff
to limit the lawsuit to one of the two actions, and since the plaintiff's attorney disregarded in the session of 4/19/69
claiming this paragraph at the present time and limited the lawsuit to the first point, this request by
the plaintiff's attorney is considered a partial annulment of a part of the lawsuit, so the defendant's attorney is entitled for this partial
annulment his fees in accordance with Article (63) as amended of the Legal Profession Law <del>and charging</del> the plaintiff's attorney for this
part of the lawsuit five dinars. Therefore, it was decided to rule obliging the plaintiff in addition to his position to pay an amount
of five hundred dinars to the defendant's attorney for attorney fees for this part of the lawsuit, a judgment in presence
subject to appeal and cassation, and it was announced publicly ⟦line⟧
Shihab Al-Shabib
Judge of the Baghdad Court of First Instance
Expenses
Lawsuit fee 500
Notification fee 500
Stamp fee 500
Total 1/500 Dinars
Republic of Iraq 50 fils revenue stamp
Republic of Iraq 50 fils revenue stamp
Republic of Iraq 50 fils Bar Association
Republic of Iraq 50 fils Bar Association
Republic of Iraq 20 fils National Defense
Baghdad Conciliation Court:
The Judge - Mr.: ⟦line⟧
File Number: / / 19
Date: / / 197
( 5 )
And consequently requested the dismissal of the lawsuit.
The plaintiff's attorney was tasked with specifying the amount of funds his client received from the endowments referred to in
the second paragraph of the lawsuit petition, and for which he waived the claim in his memorandum dated
4/19/969 at the present time. The plaintiff's attorney replied that his client is ignorant of the amount of this yield, and
it was finally determined to be five thousand dinars. Both parties repeated their statements, and since nothing remains to be said, the conclusion
of the hearing was announced and read publicly.
The Decision
Upon contemplation and scrutiny of the parties' defenses, it has become clear to this court that the plaintiff's lawsuit in his
official capacity was initially centered on two points: the first relates to preventing the defendant's opposition in his
official capacity to the plaintiff in his capacity as a trustee in managing the affairs of the endowed properties, which are 4/1/12, 9/1/166, 1/1/
212, 5/212, 4/212, 3/212, and 1/166 located in the Al-Sinak district, which were endowed according to
the deed issued by the Personal Status Court under number 134/44 Sharia, and the endowed properties located
in the Bab al-Agha district in Baghdad, which are the Khan sequence 1/57, Khan sequence 4/57, and the five
shops sequence 1172, 1160, 1188, 47, and 49, which were endowed according to the deed issued
by the Personal Status Court under number 23/45 Sharia. The issued panel of the Court of Cassation of Iraq
previously, by its decision number 187/General Panel/971 dated 9/25/1971, overturned the decision of this court
dated 6/25/1970, which ruled to dismiss the plaintiff's lawsuit and considered the properties referred to above as private
property for failure to observe the legally prescribed method for transferring ownership in real estate, including the endowment. The argument
of the General Panel in its decision referred to above was that the endowment is a system derived from Islamic Sharia
and it differs from full ownership, and that the mere issuance of the two Sharia deeds referred to above does not require
registering the endowments in the specialized land registry offices, and that it appeared to it (the General Panel of the Court of Cassation) through
the documents and evidence presented in the lawsuit and from the proceedings that the plaintiff in his official capacity on behalf of
the endower (Ezra Menachem Daniel) and the trustee began managing these referred-to endowments according to
the endower's condition until 5/15/968 when the defendant in his official capacity took possession of the
mentioned properties, and that this legal possession was not interrupted. Since the decision of the General Panel referred to above
must be followed according to the last sentence of the second paragraph of Article (215) of the Civil Procedure Code, it was decided to rule
to prevent the opposition of the defendant in his official capacity to the plaintiff in his official capacity in managing the affairs of the properties
( 6 )
⟦illegible⟧
The Judge
Baghdad Conciliation Court
The Judge - Mr. ⟦line⟧
Republic of Iraq
File Number / / 19
Date / / 197
( 4 )
The second [paragraph] of Article ( 121 ) thereof explicitly stipulated the necessity of following the specific rules for each type of
types of dispositions in real estate, including (Waqf). The plaintiff's attorney appealed the aforementioned judgment and requested its reversal.
The judgment was returned reversed by the General Assembly of the Iraqi Court of Cassation by its decision No. 187 / General Assembly /
971 dated 15 / 9 / 971, ruling (that Waqf is a system derived from the provisions of Islamic Sharia,
and it differs from full ownership in some of its provisions, and reference must be made to the provisions of Islamic Sharia which
determined that the Waqf is considered binding upon its valid establishment, and the binding nature of this Waqf and the removal of the founder's ownership from it was confirmed
by the issuance of the two Sharia deeds for it from the Personal Status Court. The binding nature and completion of the Waqf do not depend on
the registration of the endowments in the specialized Land Registry departments, and the period of limitation preventing ⟦from⟧ hearing the Waqf lawsuit according to
the provisions of Islamic Sharia, as well as the indication of Article 1/1282 of the Civil Code and what has been settled by
the Iraqi judiciary, is thirty-six years). Both parties were summoned for litigation, and the plaintiff's attorney requested to follow
the decision of the General Assembly of the Iraqi Court of Cassation. As for the defendant's attorney, he submitted his brief dated
28 / 11 / 971, in which he clarified: First, ruling that the plaintiff shall bear the expenses and attorney fees regarding
the second part of the lawsuit, which the plaintiff's attorney waived in the session of 19 / 4 / 969 related
to the request to prevent opposition regarding the amounts collected by the plaintiff. Second, the defendant's attorney requested the joinder of
the Land Registry Director as a third party in the lawsuit to complete the litigation ⟦so⟧ the plaintiff's action in that regard makes
the litigation incomplete. 3- That the two deeds stipulated that the yield of the Waqf be spent on the poor of the sect, and
it is known that most of the poor of the sect, if not all, have had their Iraqi citizenship revoked and have left
the country, and none of the members of the sect remain except the wealthy among them. Therefore, the defendant is responsible
for managing the funds of those whose Iraqi citizenship was revoked, including the yield obtained from the aforementioned endowments.
(4) That the cassation decision went ⟦in⟧ its reasoning for the decision to state that Waqf is a system derived from the provisions of
Islamic Sharia, but what the aforementioned court overlooked is that Sharia provisions must
be referred to regarding ⟦official⟧ Waqf in cases where there are no provisions in positive laws ⟦positive⟧ that conflict
with the provisions of Sharia. However, if such provisions exist, they must be referred to even if they conflict
with the provisions of Islamic Sharia, as they are considered an exception to those provisions. In this case, we find
that there are legal provisions that mandated the registration of Waqf in the Land Registry, and that there are other legal provisions that made
the period of limitation ( 15 ) years for all Sharia deeds, including Waqf deeds, and that these
legal provisions are not considered an exception to the provisions mentioned in Islamic Sharia.
⟦illegible stamp⟧
⟦signature⟧
( 5 )
Baghdad Court of First Instance
Case Number / / 196
Republic of Iraq
( 3 )
Multiple different requests in one summons, as each subject of these three requests constitutes
a subject for an independent lawsuit according to the provisions of Paragraph ( 1 ) of Article ( 24 ) of the Civil Procedure Code
Old Law, therefore it was requested to assign the plaintiff to limit his lawsuit to one of these requests and disregard
the other requests. Finally, the plaintiff's reliance on the two aforementioned arguments, which have been
subject to the statute of limitations preventing the hearing of the lawsuit as defined by the Civil Law, which established a rule
General and applicable to all lawsuits whose hearing is prohibited after the lapse of the period specified therein, and if the law
intended to exempt Waqf lawsuits from that general rule, it would have explicitly stated so <del>77/1931</del>
as it does for some other types of lawsuits. Therefore, the defendant's attorney requested the dismissal of the lawsuit -
and charging the plaintiff with costs and attorney's fees. In the session of 19 / 4 / 1969, the plaintiff's attorney requested in
his response brief to disregard the claim for amounts collected by the defendant from these endowments
and to limit the lawsuit to the other points of the lawsuit. Both parties repeated their statements ⟦witnessed⟧ by the briefs, and on the date of
18 / 4 / 1970, this court had issued a decision stipulating that this lawsuit be considered delayed
and assigning the plaintiff to file a lawsuit to support the aforementioned arguments, which have been issued for a period exceeding
fifteen years ⟦and no one⟧ applied to register them in the Land Registry (Tabu) according to Article ( 66 ) of the Land Registry System
of 1959 and based on the third paragraph of Article ( 14 ) of the Enforcement Law, as it is not possible to execute
these two arguments in the Land Registry in this state <del>so</del> and in view of the defendant's attorney's disapproval of the court on
this decision, he appealed it before the Court of Cassation of Iraq and it was returned overturned by decision No. 45 / Second Civil Rights
Urgent / 970 and today on 6 / 5 / 1970, which included the necessity of considering the lawsuit based on ⟦documents⟧
the submitted documents, whether for acceptance or rejection, and this court followed the cassation decision and then issued its ruling
dated 25 / 6 / 1970, which judged these properties to be absolute private property and dismissed the plaintiff's lawsuit
and charged him with costs and attorney's fees for the defendant's attorney. The court clarified in its judgment that it sees
from the evidence presented before it that as long as these properties are registered in the Land Registry as absolute private property -
and have not been registered as Waqf, and whereas the registration of the real estate as Waqf is one of the original real rights ( -
Art. 68 ) Civil, and since the law has prescribed a specific form for the disposal of real estate and considered that part of
public order according to Article ( 90 ) in conjunction with the third paragraph of Article ( 127 ) Civil, and also -
Article ( 66 ) of the Land Registry System of 1959 has mandated the necessity of registering the real estate Waqf, then Paragraph
( Continued 4 )
⟦illegible⟧
Baghdad Court of First Instance
Case Number / / 196
( 2 )
Daniel, whose Iraqi citizenship was revoked, by the defendant's seizure, in addition to his official capacity, of these
properties, considering them to be pure freehold properties, and requesting the occupants to pay the rents to him
and that all sums pertaining to these endowments be paid to him from the date the citizenship was revoked from these two
heirs ⟦until⟧ the date he seized them. Whereas this action taken by the defendant has no basis
legally or Sharia-wise, since the endowment in question is established by the two aforementioned documents, therefore it is not permissible
to interfere with the plaintiff regarding the said endowment. The law did not require a specific form for the endowment's validity,
nor did it require the registration of the endowed real estate in the Land Registry Office as a condition of the contract or its execution, but rather
it is sufficient for its formation and completion that a statement is issued by the endower regarding a property subject to its judgment and fulfilling the conditions of
validity. Furthermore, the claim of the defendant, in addition to his official capacity, regarding the lapse of time over the two aforementioned
legal deeds, has no basis in Sharia or law, nor in the facts of these two deeds, because the statute of limitations in endowments
according to the provisions of Islamic Sharia is (36) years, and since no more than (12) years have passed since them,
there is no basis for the statute of limitations in any way whatsoever. Therefore, the plaintiff's attorney requested to prevent the defendant's interference, in addition
to his official capacity, in his capacity as the trustee over the administration of these endowments, and to compel him to hand over all the endowments
he seized, vacant of occupants, and to prevent his interference also in the registration of the mentioned endowments
as an endowment ⟦in⟧ the Land Registry Department. Secondly, to prevent his interference also regarding the sums collected by the plaintiff
from these endowments, which he is now demanding be returned to him, because they are the yield of these endowments and were spent according to
the conditions of the endower, and to sentence him to court costs and attorney's fees.
Trial Proceedings
⟦line⟧
On the day appointed for the hearing, the attorneys of both parties attended, and the hearing proceeded in person and in public. The plaintiff's attorney repeated
the claim summons and requested judgment according to the claim. As for the response of the defendant's attorney in his memorandum dated
16 / 4 / 1969, it is summarized as follows: since these mentioned properties were registered in the
Land Registry records as pure freehold in the names of the Jews whose Iraqi citizenship was revoked, Salim and Khaddouri, sons of Sassoon Della
Daniel, after they had inherited them from their deceased legator, Ezra Menachem Daniel; and that the plaintiff's conduct
in addition to his official capacity was contrary to the law because his client proceeded by his judgment to dispose of these properties and seized
and managed them himself; and that the plaintiff had objected to that, so the subject of the dispute was referred to the State Council (Diwan
al-Tadween al-Qanuni), which issued its decision dated 28 / 7 / 1968, and it was up to the plaintiff to file the lawsuit
to confirm the endowment and rule on its validity on one hand, and on the other hand, that the plaintiff may not combine
To be followed / . . .
⟦illegible⟧
Baghdad Court of First Instance
Case Number: 2618 / B / 1968
The Baghdad Court of First Instance was formed on 5/2/1968 by its judge, Mr. ⟦Al-Shabib⟧
Authorized to adjudicate in the name of the people, and issued its following ruling:
Plaintiff — Chairman of the Administrative Committee for Iraqi Jews / his representative, attorney Salman Bayat
Defendant — Secretary General for the Supervision and Administration of the Property of Jews Stripped of Iraqi Citizenship
His representative, attorney Abdul-Ghani Matar
Summary of the Case
The facts of the case are summarized as the plaintiff’s representative, in his official capacity, filed this lawsuit claiming that (Ezra Menahem
Daniel) had endowed (waqf) his properties located in the Al-Senak neighborhood in Baghdad, numbered 4/1/12, 4/166, 1/
212, 5/212, 4/216, 3/212, and 1/166, in accordance with the conditions organized by the deed
issued by the Personal Status Court in Baghdad under number 134/944 on 10/9/944.
Then he again endowed his properties located in the Bab al-Agha neighborhood in Baghdad, which are the khan sequence 2/57 and the khan
sequence 4/57 and the five shops sequence 1172, 1190, 1188, 47, and 49, according to
the deed issued by the Personal Status Court in Baghdad under number 33/945 on 25/1/45.
In both of the aforementioned deeds, he stipulated that their revenues be spent to establish charitable institutions and institutes —
health, cultural, and vocational — to aid the poor of the Mosaic community according to the aspects and conditions recorded therein, and he reserved
for himself the trusteeship (Tawliya) as long as he was alive, and after him it would automatically pass to the Lay Council and whoever legally represents it
in the event that he did not appoint a trustee over the endowments during his lifetime. The endower (Ezra) continued to manage
the affairs of these endowments himself when he was alive, and when he passed away in 1952, and given that he did not appoint
a trustee for the management of his endowments, the trusteeship passed to the Lay Council according to the endower's condition, and the
aforementioned Council continued to manage the endowed properties according to the endower's condition until the Administrative Committee for the -
Israeli community in Baghdad took the place of the Lay Council by order of the Ministry of Justice numbered 1144 and dated
14/11/153. The aforementioned Committee obtained a deed from the Personal Status Court in Baghdad numbered
1 Sh / 955 and dated 28/7/955 as the trustee over the mentioned endowment, and the mentioned Committee continued
in that since 1954 without opposition from any party whatsoever until the plaintiff was surprised by the defendant issuing
his letter numbered 11224 and dated 15/5/1968 claiming that these properties under discussion
are not endowed simply because they are still registered in the Land Registry Office (Tapu) in the names of their owners Heskel and Ezra and my lords
Menahem Daniel, and since they have both passed away and their heirs are their cousins Salim and Khedhouri, sons of Sassoon.
( 2 )
⟦illegible⟧
The Judge
478028
Book Number
Accounting - 37
Receipts for Dirhams collected for the Government
⟦illegible⟧
Number: 03
Fils/Dinar: - / 100
Department Name: 8 / 26 / 68
Received from: Deputy Sassoon Khadhuri
Amount: One hundred Dinars and ⟦line⟧ Fils
On account of: ⟦illegible⟧ fee
Signature of the Receiver: ⟦signature⟧
Date: 12 / 4 / ⟦illegible⟧
Job Title: ⟦signature⟧
Government Press 5501-2-1970
- 2 -
4 - The property tax was not certified, and we were awaiting the issuance of the law repealing the Vacant Land Tax Law. And indeed, it was repealed.
Then the Land Registry (Tapu) stopped completing the transactions.
We have received notification and have the expertise, and it is possible to proceed with completing the transaction now.
⟦signature⟧
1951/2/22
— 2 —
21 - Sequence map 517/224
22 - Map of stadium plots
23 - Title deeds (Tabu) of stadium plots
Baghdad 26 / 7 / 54 AD
Assistant Trustee of the Ezra Daniel Endowments
Ezra Daniel
⟦illegible⟧
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
North
General arrangement 15 meters
Director of Land Registry, Baghdad District
75 Fils
Dated 10/20/52
244/517
244/516
244/518
Baghdad District
Al-Bataween Neighborhood
300
Debris
Palestine
10 Fils
Scale 1/1000
⟦line⟧
According to this map, the area of ⟦...⟧ equals eight hundred and four meters
This original map numbered 844 ⟦...⟧ was drawn according to this Baghdad Land Registry card
Raji Aziz
Inspection Officer
The Engineer
10/4/52
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