AI English Translation, Pages 26-50
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Tenth - This contract has been prepared in original and copy; the Lessee has kept the original and the Lessor has kept the copy.
Executed in Baghdad, March 1948
Lessee | Lessor
Mr. Ahmed al-Salloum | Eliahu Hayyim Tawfiq
Architect in Al-Alwiyah quarter | President of the Corporal Council
Mr. Abdul Hadi al-Haj Faraj Hamza | Jewish (Israeli) in Baghdad
Log dealer in Al-Alwiyah quarter | In addition to his position
Identification Witness ⟦line⟧
Salman Shaul, private scribe | Salim Khabbaza
From Sitt Hadia quarter | Secretary of the Community
Salman Shaul from Taht al-Takiya quarter
Salim Khabbaza
Notary Public of East Baghdad
Fee | General Number 832
Fils | Dinar
7/500 | Special Number 374
Page 361
Sequence 45
Date 13 / 3 / 1948
I certify that the signatures signed at the bottom of this contract are the signature of the First Party, Mr. Eliahu Hayyim Tawfiq, President of the Jewish Corporal Council in Baghdad, and the signature of the Second Party, Mr. Ahmed al-Salloum and Abdul Hadi al-Haj Faraj Hamza, whose identities were identified to me by the identification witnesses. Its contents were read to them, and they acknowledged its terms literally and signed it before me on the thirteenth day of March, the year 1948.
Notary Public of East Baghdad
Seal of the Notary Public
Ghazi
Baghdad Court of First Instance Case No. 203 / Personal / 1956
Judge - Mr. Sadiq Haidar Date 11/21/1956
Mr. Farid Dawood Samra appeared before this court in his capacity as the Chairman of the Administrative Committee of the
Jewish community in Baghdad with his petition dated 11/2/1956, stating therein that the endower, Mu'allem Moshi
bin Robin Sadqa "known by the name Moshi Sadqa," had endowed his property numbered sequence 330
Al-Koolat district for the benefit of the poor Israelites in Meer Elias Hospital according to the endowment deed numbered 838
and dated 25 Shawwal 1330. He granted the trusteeship to himself for life, and after him, the trusteeship passes to the director of
Meer Elias Hospital, and after the disappearance of this hospital, the trusteeship passes to the Spiritual Council of the
Jewish community in Baghdad. Since the endower and trustee, Moshi Sadqa, has passed away and the beneficiary,
Meer Elias Hospital, has disappeared due to its expropriation by the government. For this reason, it is the right of the
Spiritual Council to be the trustee over the mentioned endowment.
And since the Administrative Committee of the Jewish community in Baghdad is the entity standing in place of the Spiritual
Council of the mentioned community, he requests, in his capacity as Chairman of the mentioned committee, the issuance of a trusteeship deed making
the mentioned committee the trustee over the mentioned endowment.
Based on the request, the court has performed the following.
1- The court reviewed a copy of the administrative order of the Ministry of Justice numbered 1944 and dated
11/24/53, ruling for the formation of the Administrative Committee for the Jewish community to stand in place of the Spiritual Council
consisting of the individuals mentioned therein, and reviewed the letter from the Presidency of the Jewish Community numbered T / 240 / 53
and dated 11/30/53 regarding the election of the petitioner Farid Dawood Samra as Chairman of the Administrative Committee.
2- The court reviewed the endowment deed numbered 838 and dated 25 Shawwal al-Mukarram 1330,
and it was shown therein that the endower, Mu'allem Moshi bin Robin bin Sadqa, had endowed his property located in Bani Said district,
stipulating that the surplus of the yield, after construction and restoration, be spent on the necessities of the sick from the poor Jewish group present
in the hospital established by Meer Elias, located in Bab al-Muazzam in Baghdad, and he granted the trusteeship to himself for
life, provided that it passes after him to the director meeting in the mentioned hospital, and after its disappearance,
it reverts to the Chairman of the Spiritual Council for the Jewish community in Baghdad.
3- The court reviewed a copy of the Tabu deed and it was shown that the property sequence 330 Koolat is an endowment
from the endowments of Moshi Sadqa.
4- The court listened to the personal testimony consisting of the statements of Saleh Isaac
Moshi and Meir Manshi Raphael, through which the death of the endower and trustee Mu'allem Moshi bin Robin bin Sadqa,
known by the name Moshi Sadqa, was confirmed. The death of the aforementioned was also confirmed by the letter from the Presidency of the Jewish Community numbered
56/9280 and dated 11/4/1956.
- To be continued -
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5 - It was confirmed to the court from the letter of the Presidency of the Israelite Community No. 56/9286 dated
11/15/956 that the Mir Elias Hospital located in Bab Al-Muazzam has been expropriated by
the Ministry of Health and registered in the name of the Iraqi Treasury on 5/5/56, and therefore it has become defunct and no longer
exists, and has no manager.
Decision - Therefore, and due to the verification of the death of the endowment founder and trustee, Moallim Moshe bin Rubin Sadqa, known
as Moshe Sadqa, and to confirm the defunct state of the Mir Elias Hospital in Baghdad, and based on the condition of
the founder stated in the deed of trusteeship mentioned above that the trusteeship passes to the Lay Council
of the Mosaic Community in Baghdad after the aforementioned hospital becomes defunct. And since the Administrative Committee of the Israelite
Community in Baghdad is the acting body in place of the Lay Council as stated by order of the Ministry of Justice, the
trusteeship becomes the right of the aforementioned Administrative Committee.
Therefore, I have decided hereby to confirm the trusteeship of the Administrative Committee of the Israelite Community in Baghdad in its capacity as
acting in place of the Lay Council of the community, confirming its trusteeship over the endowment of Moallim Moshe bin Rubin Sadqa
known as Moshe Sadqa, in implementation of the aforementioned founder's condition and to implement what was stated in the endowment deed mentioned
above.
This deed was issued on 11/21/56
The Judge
Sadiq Haidar
Number 838
Page 14
Record 419, copy of a Waqf Endowment Deed
Praise be to God, who is aware of consciences and cognizant of secrets, and peace and blessings be upon our master Muhammad, the penitent Prophet
the speaker of wisdom and decisive speech, and upon his family and companions who were protected from doubt and suspicion. As for
the reason for writing this document, it is that according to the notice received in response from the Defter-i Khaqani Directorate stating that the land mentioned below is owned
and possessed by the Jewish community of the Sublime Ottoman State and has not been mortgaged or seized in the end,
the Muslim Moshi son of Rubin Sadqa, in the luminous court of the Noble Law in the aforementioned protected city,
in the presence of Saul Nissim Shimon, a Jewish resident of the aforementioned neighborhood, whom he appointed for the purpose of registering the following endowment,
stated: The following land was in my sole possession, ownership, and disposal until the issuance of this endowment. It is located in the Bani Said neighborhood of the
aforementioned protected city, bounded by lands belonging to the State Treasury, sugar property, a wasteland, and a public road,
and it is a piece of vacant land with an area of two thousand meters. I have removed it from my property <del>⟦illegible⟧</del>
as a sincere, legal, eternal, observed, and perpetual endowment for the sake of Almighty God. I have endowed and sequestered it and stipulated that
the mentioned land be leased year by year, and after settling the costs of repair, restoration, and other necessities from the rental proceeds, the surplus
shall be spent on the needs of the poor patients of the Jewish community in the hospital founded by the late Jew Meir Elias, located outside the Azamiya gate of the
aforementioned protected city. The guardianship of the endowment shall belong to me as long as I am alive, and after my death, to the managers who will be in the said hospital,
and after their dissolution, it shall belong to the head of the Communal Council of the said community in Baghdad. I have handed over the said endowment, free of any encumbrances,
to the aforementioned guardian, who accepted it and managed it for a period of time like other endowment guardians.
When he said this, following the legal confirmation, the aforementioned endower revoked the said endowment, saying, "I will reclaim the said endowment back into my property as before."
The aforementioned guardian refused to return the endowment or abstain from receiving it. In the said assembly,
the two parties sought a resolution and settlement according to their respective arguments. Since the side of the endowment was seen as more appropriate and primary,
according to the view of the predecessor imams who see fit, the health of the mentioned endowment first, and its necessity second, in its specificity and generality, were ruled upon.
"So whoever changes it after he has heard it, the sin is only upon those who change it. Indeed, Allah is Hearing and Knowing." And the reward of the endower
is with the Living, Generous, and Noble One. On the twenty-fifth day of Shawwal al-Mukarram in the year one thousand three hundred and thirty.
The First Clerk
Seal
Hussein Avni
Judge of Baghdad
Seal
Abdul Rahman ⟦Zehni⟧
This copy was extracted according to its original from the transferred records belonging to the office of the Judge of Baghdad to the Diwan of
Abdul Rahman, which are kept among the records of the Sharia Court in Baghdad. Written on 11/10/1952.
Fee collected (70) fils
By number 28 and date 11/10/1952
for the truth-writing fee
Court Treasury and Signature
Clerk
Lamaan
Signature
The First Clerk
Abdullah
Signature
and Seal of the Sharia Court
in Baghdad
Translation of the Endowment Deed (Waqfiyya) drafted in the Turkish language
Number 838, Register 419, Page 14
Praise be to God, who knows the consciences and is aware of the secrets, and prayers and peace be upon ⟦...⟧ our master
Muhammad, the awakener of doors, the speaker of wisdom and decisive speech, and upon his family and companions who were preserved from
doubt and suspicion. As for what follows, the reason for drafting this document is that the plot of land owned and managed by
one of the members of the Jewish community belonging to the Ottoman State, which was neither mortgaged nor seized by
others as indicated in the response notification received from the Land Registry Directorate, this Salim Moshe son of
Rubin son of Sadaqa attended the session of the Noble and Illustrious Sharia Court in the protected city for the purpose of
registering his endowment mentioned below in the presence of the Jew Shaul son of Nassim son of Shimon, residing in the
aforementioned neighborhood, whom he appointed as a trustee (Mutawalli). He declared, saying: The endowment mentioned below, until its issuance, is in my
possession and under my independent disposal, namely the piece of land located in the Bin Said neighborhood in the aforementioned
protected city, with an area of two thousand square meters, bounded on its sides by the land belonging to
the state (Miri), the property of Shukr, the canal, and the public road. I have removed it from my ownership and endowed it and consecrated it for the sake of
God Almighty as a valid, legal, perpetual endowment and an explicit, observed, eternal consecration. And thus I have endowed and consecrated as
I stipulated that the aforementioned land be leased year by year, and after its maintenance, restoration, and the settlement of its other
requirements from its rental value, the surplus shall be spent on the needs of the sick among the poor Jewish community
present in the hospital established by the deceased Jew Meir Elias, located outside Bab al-Mu'azzam
in the aforementioned protected city. As for the trusteeship, it belongs to me as long as I am alive, and after my death to the directors
who meet in the aforementioned hospital, and after its dissolution, it shall be assigned to the head of the Lay Council
of the aforementioned community in Baghdad. Accordingly, I have handed over the aforementioned endowment, free of encumbrances, to
the aforementioned trustee, who likewise received it and managed it for a period of time like all other endowment trustees. Legal certification
was completed. Then the aforementioned endower recanted the aforementioned endowment, saying: I want to reclaim the aforementioned endowment into
my ownership as before. However, the aforementioned trustee refused to return and hand over the aforementioned endowment. In the
aforementioned session, the two litigants each requested a resolution and a final decision according to what is required. It was considered that the side of
the endowment is more worthy and appropriate according to the opinion of those among the predecessor Imams who see it so. Thus, it was ruled first on the validity of the aforementioned endowment and second
on its binding nature in its specifics and generalities. So whoever changes it after he has heard it, his sin is only upon those who change it.
Indeed, God is All-Hearing, All-Knowing, and the reward of the endower is with the Living, the Generous, the Noble on the twenty-fifth day of
the honored Shawwal for the year one thousand three hundred and thirty.
The First Clerk, the Judge of Baghdad
Hussein Awni, Abdul Rahman Wahbi
Seal Seal
First Notary Public Department of Southern Baghdad:
Dinar Fils:
Amount Collected: 500
General Number: 200
Page Number: 6483
Register Number: —
Date: 10 / 28 / 56
I certify that this is the translation of the attached document, translated from
the Turkish language into the Arabic language by the translator Mahmoud Al-Haj Muhammad Saleh.
It is, in my belief, a correct translation and it matched after the truth was verified
by the Department with a second authentication on 10 / 28 / 956
⟦illegible⟧
100 Fils
Notary Public
⟦illegible⟧
Qusay Al-Tikriti
First Notary Public of Southern Baghdad
⟦illegible⟧
His Excellency the Chairman of the Administrative Committee, the Respectable
⟦illegible⟧
No. ⟦illegible⟧
Date ⟦illegible⟧
⟦illegible⟧
With reference to the report submitted by me dated September 2, 1957.
It appears that your esteemed committee did not notice the account shown in the above-mentioned report regarding the payment to me
of (18) Dinars for expenses and overdue legal fees in the lawsuit filed against Ahmed Al-Salloum and Abd
al-Hadi Hamza. Therefore, I deemed it necessary to clarify the matter to your Excellency as follows.
(1)
I received first and last (18/270) Dinars as shown below
Fils | Dinar
15/290 | on 12/16/1956
2/980 | on 4/3/1957
⟦line⟧
18/270
⟦line⟧
The first amount of (15/290) Dinars includes half of the advance legal fees amounting to (9/600) Dinars and the rest (5/690) Dinars is on account of court fees and expenses.
It is clear from this that what I received on account of fees and expenses consists of (7/980) Dinars as follows:
Fils | Dinar
5/690 | The remainder of the first amount (15/290) Dinars for the expenses account as shown above.
2/980 | Add the second amount shown above
⟦line⟧
8/670
⟦line⟧
⟦illegible circular stamp⟧
(2)
Spent
5/650 Court fees
8/670 Stamps and notification fees for in-absentia and in-person judgments, car rentals, and notification expenses
⟦line⟧
14/320
8/670 Deducting what I received on account of fees and expenses as shown in paragraph 1 above
⟦line⟧
5/650 To be spent for the execution of the judgment procedurally
2/750 | 0/500 Execution fee
2/250 | Calculated towards notification expenses
⟦line⟧
8/400
⟦line⟧
(3)
As for the half of the late legal fees amounting to (9/600) Dinars, the judgment has become final.
— 2 —
the final degree, and the case is in the execution phase at the Execution Department, and it is assumed that I am obliged to follow up
the case procedurally until its final stages; therefore, I see no reason to delay the payment of the late fee amounting to
(9.600) Dinars. Therefore, I request your Excellency to reconsider the case and order the payment to me of the
required amount of (18) Dinars as follows:
Fils | Dinar
8/400 | The expenses indicated in paragraph 2 above
9/600 | Half of the late lawyer's fees as indicated in paragraph 3 above
18/000 | ⟦line⟧
With high respect to your Excellency — 29 September 1957
Sincerely,
Lawyer Ibrahim Hazoum
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
His Excellency the Chairman of the Administrative Committee, the Honorable
I request your order to pay me eighteen dinars for the remainder of the attorney fees and expenses spent
by me in the lawsuit filed against Ahmed Al-Salloum and his companion Abdul Hadi Faraj Hamza for the purpose of collecting
(192) dinars for the rent of the Waqf vacant lot of the late Rabbi Moshe Sadqa Al-Arqa, serial number
330, located in the Al-Koulat neighborhood, for a period of one year from March 13, 1956, to the end of March 12, 1957, with details
as shown below.
Dinar | Fils
5 | 650 Court fees.
8 | 670 Stamps, notification fees for in-absentia and in-person judgments, car fees, and notification expenses.
19 | 200 Attorney fees.
33 | 520
Deducting the amount received
15 | 290 on 12/16/1956
2 | 980 " 4/3/57
18 | 270 | 18 | 270
15 | 250
0 | 500 Execution fee to be paid to the Execution Department
15 | 750
2 | 250 including the execution notification expenses
18 | 000
Note that the court ruled in our favor for the claimed amount of (192) dinars and expenses amounting to
(10.398) dinars ⟦in absentia⟧, and after the issuance of the judgment and its notification to the aforementioned debtors, they objected to it.
As a result of the ongoing trial, their objection was rejected and the in-absentia judgment against them was upheld. With highest
respect to Your Excellency. September 12, 1957
Sincerely,
Lawyer Ibrahim Khuzam
His Excellency the Chairman of the Administrative Committee, the respected
I request your order to pay me an amount of (15.290) Dinars for the costs of the lawsuit to be filed
against Mr. Assad Al-Salloum and Abdul Hadi Nasah Farah Hamra in order to collect one hundred and ninety-two
Dinars for the rent of the vacant plot numbered serial 330 located in the Al-Koolat district which
is due from them for a period of one year from the beginning of March 13, 1956 to March 12, 1957. The details of the expenses
are as follows.
Fils | Dinar | Description
880 | 2 | Initial lawsuit fee. An equal amount is paid during the trial.
100 | 0 | Notification fee
710 | 0 | Stamps and cost of printing lawsuit papers.
000 | 2 | Miscellaneous
000 | 9 | Half of the advance lawyer fees.
⟦290⟧ | 15 | ⟦line⟧
With my utmost respect to your Excellency, December 2, 1956
Sincerely,
The Lawyer Ibrahim Khazzoum
12/4/1956 The amount was received
from the community accountant
⟦illegible⟧
Justice
I, the undersigned ⟦illegible⟧ Chairman of the Administrative Committee
of the Jewish Community in Baghdad (acting in place of the mentioned Communal Council) authorized
over the endowments of the shrine's plot ⟦illegible⟧ in addition to the mentioned
endowment, have appointed the lawyer Mr. Ibrahim to represent me before the Baghdad Execution Department
Regular, and to collect and receive ⟦illegible⟧ the amount of (192) Dinars with the expenses
of the legal fees awarded by the judgment issued by the Baghdad Court of First Instance
registered at the mentioned Execution Department in addition to the mentioned shrine ⟦illegible⟧
and to take all necessary measures to collect and receive the mentioned amount with expenses
and the awarded legal fees. In witness whereof, I have granted this power of attorney and signed it
Baghdad on ⟦illegible⟧
The Principal
Chairman of the Administrative Committee of the Jewish Community
in Baghdad (acting in place of the Communal Council)
Office of the Notary Public of South Baghdad I
Amount Collected | Fils | Dinar
Proportional Fee | | 2500
Fixed Fee | | 1200
Additional Fee | | 7538
Total | | 11238
Register Number 222
Date 27 / 11 / 57
⟦illegible⟧ on the second floor of
the Iranian Bank building located
on ⟦illegible⟧ Street
Iraqi revenue stamps of 100 fils and 50 fils denominations
On the twenty-seventh day of the month of November in the year one thousand nine hundred and fifty-seven
appeared before me the Chairman of the Administrative Committee of the Jewish Community in Baghdad, Mr. ⟦illegible⟧, pursuant to Order No. 220 issued
by the Ministry of Interior and authorized to manage the endowments of the mentioned community ⟦illegible⟧
Qusay al-Tikriti
Notary Public of South Baghdad I
Notary Public of South Baghdad
⟦illegible⟧
His Excellency the Chairman of the Administrative Committee, Respected
With reference to the lawsuit filed against Ahmed Al-Salloum and Abdul Hadi Hamza.
I request your order to the community accountant to pay me (1/520) Dinars for the remainder of the expenses spent
in the execution of the aforementioned lawsuit upon the enforcement of the judgment issued against the aforementioned persons, as shown below:
Dinar | Fils
0 | 500 | Execution fee for the notification
0 | 014 | Car fare to the execution office
1 | 850 | Expenses and car fares for execution notifications
Additional fees and procedural seizure expenses | ⟦line⟧ | ⟦line⟧
⟦line⟧ | 2 | 364
1 | 800 | Power of attorney certification fee for receiving the adjudicated amount from execution
0 | 100 | Petition stamp for recovering the lease contract from the court
0 | 056 | Twice round trip car fare for each execution
⟦line⟧ | ⟦line⟧ | ⟦line⟧
The amount received is deducted from the execution expenses as detailed in paragraph (2) of the report submitted | 4 | 320
by me on September 29, 1957 | 2 | 750
⟦line⟧ | ⟦line⟧ | ⟦line⟧
The remainder is only one Dinar and five hundred and twenty Fils and no more | 1 | 520
With highest respect to your Excellency — December 17, 1957
Sincere Lawyer
Ibrahim Hazoum
His Excellency, the Honorable Chairman of the Administrative Committee
Procedural File
With reference to the report submitted by me on September 29, 1957.
The judgment issued by the Baghdad Court of First Instance under file number 956/2547 has been executed, which ordered
Ahmed al-Salloum and Abdul Hadi Hamza to pay an amount of (192) Dinars along with costs and attorney
fees, covering the rent for a full year from March 13, 1956 to March 12, 1957
for the vacant plot sequence 330 located in the Kawlat neighborhood, which is the endowment of the late Rabbi Musa Sadqa.
Following the placement of a procedural seizure on the assets of the aforementioned judgment debtors, they delivered
to the Execution Department a total sum of (203/286) Dinars, consisting of (192) Dinars as the principal amount
claimed, and the remaining (11/286) Dinars for the awarded costs and attorney fees. The Execution Department
has issued a check for the mentioned amount to the order of your honorable committee, received by the secretary Mr. Naji, who
recorded the amount as revenue. Thus, this lawsuit has concluded and nothing remains to be executed.
Since your honorable committee had decided to postpone the payment of the remaining fee owed to me, amounting to
(9/600) Dinars, until the completion of the execution process, and indeed the judgment has been executed and the awarded amount
was obtained with costs, I therefore request your order to the community accountant to pay me the mentioned amount. To your Excellency
utmost respect
17 / 12 / 1957
Sincerely, Lawyer
Ibrahim Khazzoum
⟦illegible - very faded handwritten text in pencil or washed ink⟧