AI en Translation, Pages 101-125
Page 101
Copy
Baghdad Court of First Instance, Personal Matters, Case File No. 31 / Sh / 1956
Judge Mr. Sadiq Haydar, Date 14 / 2 / 1956
Mr. Fareed Daoud Samra, in his capacity as Chairman of the Administrative Committee of the Jewish Community in Baghdad (acting in place of
the Lay Council of the aforementioned community), submitted a petition stating that this court had issued the endowment deed No. 156
dated June 3, 1924, confirming the endowment of Sasson Saleh Daniel of his shared half of the pharmacy numbered
246 / 158 located in Souq al-Ghazal neighborhood at Attarin Avenue for the soul of his son Saleh Sasson Daniel according to the conditions set out
therein. Regarding the guardianship (Tawliya), he designated the guardianship to himself and to his nephew Menachem Effendi Saleh Daniel (Ezra Effendi) and after them
the guardianship passes to the eldest of the donor's children and the children of his male children, jointly with the eldest of the children of his brother Menachem Effendi
and his male grandchildren. Upon the extinction of the lineage of one of the two guardians, the guardianship is restricted to the second guardian or his representative, and upon the extinction
of both lineages, the guardianship transfers to the Lay Council of the Jewish Community in Baghdad.
Since the first guardian, the donor Sasson Saleh Daniel, passed away in 1936, the guardianship was restricted to the
second guardian Ezra Menachem Daniel. This latter individual also passed away in 1952. Since after the death of the aforementioned two guardians,
the endowment remained without a guardian, as the eldest son of the donor Sasson Saleh Daniel, namely Khedhouri known as (Frederick), has been absent
from Iraq for many years and has not obtained the guardianship of this endowment. Furthermore, the other guardian Ezra Menachem Daniel passed away
without progeny. According to paragraph (1) of Article 21 of the Jewish Community Regulations, he requests the issuance of a legal deed to appoint
the Administrative Committee as guardian over the aforementioned endowment.
Based on this request, the Court has reviewed:
1- A certified copy of the endowment deed issued under No. 156 dated June 3, 1924, which confirmed the endowment deed of
Sasson Effendi Saleh Daniel for the half of the pharmacy numbered with door numbers 246 / 158 located in the neighborhood of
Souq al-Ghazal at Attarin Avenue, described according to the Land Registry (Tabu) deed dated January 922, permanent sequence
35. It appears from this deed that the beneficiary of the endowment is for the repose of the soul of his deceased son Saleh Sasson
Daniel. As for the guardianship, it was established that the donor stipulated that the guardianship be for himself and his nephew
Menachem Effendi bin Saleh Daniel (Ezra Effendi), and after them, the guardianship returns to the eldest of
his children (the donor's children) and his male grandchildren, jointly with the eldest of the children of his brother Menachem and his male
grandchildren. Upon the extinction of the lineage of one of the two guardians, the guardianship is restricted to the second guardian or his representative, and upon the extinction
of both lineages, the guardianship transfers to the Lay Council of the Jewish Community in Baghdad.
2- The court heard the testimony of witnesses Meir Dangour and Ishaq Ezra, which confirmed the death of the donor
Sasson Saleh Daniel in December 1936 and the death of Ezra Menachem Daniel on 3 / 3 / 952, and that
the eldest son of the donor Sasson is Khedhouri known as (Frederick), and that the latter resides permanently
outside Iraq for a long time, and this endowment is without a guardian at the present time to manage its interests.
3- Reviewed the Sharia inheritance distribution (Qassam) No. 196 / 1936 dated 12 / 27 / 936 regarding the inheritance of the donor
Sasson Saleh Daniel, who died on 12 / 2 / 936, and it appeared that his heirs are restricted to his wife and his two eldest sons Khedhouri
(known as Frederick) and Salim, and his eldest daughter Regina. Also the Sharia distribution No. 24 / 952 dated 4 / 21 / 52
regarding the inheritance of the deceased Ezra Menachem Daniel, whose death ⟦occurred⟧ on 3 / 3 / 952, and it appeared that
his inheritance is restricted to the two sons of his aforementioned uncle, Khedhouri (known as Frederick) and Salim, the sons of Sasson Saleh Daniel.
- To be continued -
Page 102
Copy
Baghdad Court of First Instance for Personal Matters
Case File No. 31 / Sh / 1956
Date: February 14, 1956
Judge Mr. Sadiq Haydar
Mr. Farid Daoud Samra, in his capacity as President of the Administrative Committee for the Jewish Community in Baghdad (acting in place of
the Spiritual Council of the aforementioned community), filed a petition stating that this court had issued the endowment deed numbered 156
dated June 3, 924, which includes the confirmation of the endowment (waqf) of Sassoon Salih Daniel's undivided half of the pharmacy numbered
246 / 158 located in Souq al-Ghazal district at Al-Attarin Avenue for the soul of his son Salih Sassoon Daniel according to the conditions set out
therein. Regarding the guardianship (tawliya), he established the guardianship for himself and for his nephew Menahem Effendi Salih Daniel, who is (Ezra Effendi). After them,
the guardianship reverts to the eldest of the founder's children and the children of his male children, jointly with the eldest of his brother Menahem Effendi's children
and the children of his male children. Upon the extinction of the lineage of one of the guardians, the guardianship is restricted to the second guardian or whoever stands in his place. When both
lineages become extinct, the guardianship is transferred to the Spiritual Council of the Jewish faith in Baghdad.
Since the first guardian, the founder Sassoon Salih Daniel, passed away in 1936, the guardianship was restricted to the guardian
the second, Ezra Menahem Daniel. This latter person also passed away in the year 1952. Since, after the death of the two aforementioned guardians,
the endowment remained without a guardian because the eldest son of the founder Sassoon Salih Daniel, who is Khedouri nicknamed (Frederick), has been absent
from Iraq for many years and has not obtained the guardianship of this endowment, and the other guardian Ezra Menahem Daniel died
without offspring, and pursuant to paragraph (1) of Article 21 of the Jewish Community Regulations, he requests the issuance of a legal deed to make
the Administrative Committee the guardian over the aforementioned endowment.
Based on this request, the court has reviewed:
1- A certified copy of the endowment deed issued under number 156 and dated June 3, 1924, which confirmed the endowment deed of
Sassoon Effendi Salih Daniel for the half of the pharmacy numbered with door number 246 / 158 located in the district of
Souq al-Ghazal at Al-Attarin Avenue, described according to the Tabu deed dated January 922, permanent sequence
35. It appears from this deed that the beneficiary of the endowment is for the rest of the soul of his deceased son Salih Sassoon
Daniel. As for the guardianship, it appeared that the founder conditioned the guardianship to be for himself and for his nephew
Menahem Effendi son of Salih Daniel (who is Ezra Effendi), and after them, the guardianship reverts to the eldest of
his children (the founder's children) and the children of his male children, jointly with the eldest of his brother Menahem's children and the children of his male
children. Upon the extinction of the lineage of one of the guardians, the guardianship is restricted to the second guardian or whoever stands in his place, and upon the extinction
of both lineages, the guardianship is transferred to the Spiritual Council of the Jewish faith in Baghdad.
2- The court heard the testimony of both witnesses, Meir Dangour and Ishaq Ezra, which confirmed the death of the founder
Sassoon Salih Daniel on December 7, 1936, and the death of Ezra Menahem Daniel on March 3, 1952, and that
the eldest son of the founder Sassoon is Khedouri nicknamed (Frederick), and that the latter resides permanently
outside Iraq for a long time, and this endowment is without a guardian at the present time to look after its interests.
3- Reviewed the legal distribution of estate (Qassam) No. 196 / 1936 dated December 27, 1936, concerning the determination of the inheritance of the founder
Sassoon Salih Daniel, who died on December 7, 1936, and it appeared that his heirs are restricted to his wife and his son and the two eldest, Khedouri
(nicknamed Frederick) and Selim, and his eldest daughter Regina. Also reviewed the legal Qassam No. 24 / 952 dated April 21, 52
concerning the determination of the inheritance of the deceased Ezra Menahem Daniel, whose death occurred on March 3, 952, and it appeared that
his inheritance is restricted to his two cousins, the aforementioned Khedouri (nicknamed Frederick) and Selim, sons of Sassoon Salih Daniel.
- To be continued -
Page 103
- 2 -
4- The court personally inspected the endowment and found that it is used as a depot and occupied by a tenant, and that it is without a trustee.
5- The court reviewed a copy of the Ministry of Justice order No. 1944 dated 11/24/1953, which includes
the formation of an administrative committee for orphans to manage what the council was entrusted with, including the petitioner Farid Daoud Samra,
and a copy of the Jewish Community letter No. T 53/3240 dated 11/30/1953 addressed to the Ministry
of Justice, which includes the election of the aforementioned person as chairman of the committee.
The Decision
Whereas it has been verified to the court from the endowment deed issued under dossier No. 156 and dated June 3, 1924, that
the endower, according to the referred deed, stipulated the trusteeship for himself and his nephew named Ezra Menachem Daniel, and after them
to the eldest of his children jointly with the eldest of the children of his aforementioned nephew, and upon the extinction of the lineage of one of the trustees, the trusteeship is limited
to the second trustee or his representative, and upon the extinction of both lineages, the trusteeship passes to the Lay Council.
Whereas it has been verified to the court from the two legal inheritance divisions and the testimony heard that the aforementioned endower died
in the year 1936 and that his eldest child is named Khedhouri, nicknamed Frederick, who permanently resides outside Iraq, and -
the second trustee Ezra Menachem Daniel died without offspring and his lineage ended, thus the trusteeship becomes limited to the aforementioned
Khedhouri, son of the endower Sassoon Saleh Daniel, who is outside Iraq.
Whereas it has been shown from the court's inspection and from what was mentioned above, which implies that the aforementioned endowment's trusteeship is vacant
from a practical standpoint, and that it is not in the interest of the endowment to remain without a trustee over it.
Whereas the endower stipulated the transfer of trusteeship upon the extinction of both lineages to the Lay Council of the community, he
has thereby preferred the Lay Council over others.
Whereas the endowment requires the appointment of a temporary trustee for it until the person stipulated for the trusteeship attends and applies,
and for the reasons mentioned, and since paragraph (1) of Article (21) of the Jewish Community Regulations stipulates that the management of -
endowments for which a trustee cannot be appointed according to the endower's conditions shall be among the functions of the Lay Council, and since the petitioner
heads the administrative committee which stands in place of this council, it was therefore decided hereby to appoint the administrative committee standing in place of the
Lay Council of the Jewish Community in Baghdad as trustee over the endowment referred to above until the application of the person stipulated
for the trusteeship and the issuance of the deed for his trusteeship. This deed was issued on 2/14/1956.
Signature
The Judge
Sadiq Haidar
(True Copy)
Republic of Iraq
50 fils Revenue Stamp
Page 104
- 2 -
4- The court personally inspected the waqf (endowment) and it appeared that it is being used as a commercial yard and is occupied by a tenant, and it is without a trustee.
5- The court reviewed a copy of the Ministry of Justice order No. 1944 dated 11/24/1953, which includes
the formation of an administrative committee to carry out the management of what the council was entrusted to do, including the petitioner Farid Daoud Samra,
and a copy of the letter from the Jewish Community No. T 3240/53 dated 11/30/1953 addressed to the Ministry of
Justice, which includes the election of the aforementioned person as chairman of the committee.
The Decision
Since it has been verified by the court from the endowment deed issued under file number 156 and dated June 3, 1924, that
the endower, according to the referred deed, stipulated the trusteeship for himself and for his nephew named Ezra Menahem Daniel, and after them
to the eldest of his children jointly with the eldest of the children of his aforementioned nephew, and upon the extinction of the lineage of one of the two trustees, the trusteeship is restricted
to the second trustee or whoever takes his place, and upon the extinction of both lineages, the trusteeship passes to the Lay Council.
And since it has been verified by the court from the two legal distribution of estate certificates and the testimony heard that the aforementioned endower died
in the year 1936 and that his eldest son is the one named Khadhuri, known as Frederick, who resides permanently outside Iraq, and that
the second trustee Ezra Menahem Daniel died without issue and his lineage has ceased, thus the trusteeship becomes restricted to the aforementioned
Khadhuri, son of the endower Sassoon Salih Daniel, who is outside Iraq.
And since it has appeared from the court's inspection and from what was mentioned above, which implies that the aforementioned endowment is without a practical trustee
and that it is not in the interest of the endowment to remain without a trustee over it.
And since the endower had stipulated the transfer of the trusteeship upon the extinction of both lineages to the Lay Council of the community, he
has thereby preferred the Lay Council over others.
And since the endowment requires the appointment of a temporary trustee for it until the person stipulated for the trusteeship arrives and applies,
and for the aforementioned reasons, and since paragraph (1) of Article (21) of the Jewish Community Regulations stipulates that the management of
endowments for which a trustee cannot be appointed according to the conditions of their endower shall be among the duties of the Lay Council, and since the petitioner
heads the administrative committee which stands in place of this council, therefore it was decided hereby to appoint the administrative committee standing in place of the Lay
Council of the Jewish Community in Baghdad as trustee over the endowment referred to above until the person stipulated for
the trusteeship applies and the deed for his trusteeship is issued. This deed was issued on 2/14/1956.
Signature
The Judge
Sadiq Haidar
Republic of Iraq
50 fils revenue stamp
(True copy of the original)
Page 105
- 2 -
4- The court personally inspected the waqf property and found that it is used as a storage yard (Alwa), occupied by a tenant, and is without a trustee (Mutawalli).
5- The court reviewed a copy of the Ministry of Justice order No. 1944 dated 11/24/1953, which includes
the formation of an administrative committee to manage what was entrusted to the Council, including the petitioner Fareed Daoud Samra,
and a copy of the Jewish Community letter No. T 3640/53 dated 11/30/1953 addressed to the Ministry of
Justice, which includes the election of the aforementioned person as chairman of the committee.
The Decision
Since it has been established to the court from the Waqf deed issued under file number 156 and dated June 3, 924 [1924], that
the endower, according to the referred deed, stipulated the trusteeship for himself and for his nephew named Ezra Menachem Daniel, and after them
to the eldest of his children jointly with the eldest of the children of his aforementioned nephew, and upon the extinction of the lineage of one of the two trustees, the trusteeship is limited
to the second trustee or whoever takes his place, and upon the extinction of both lineages, the trusteeship passes to the Lay Council (Al-Majlis al-Jismani).
And since it has been established to the court from the two Sharia successions and the testimony heard that the aforementioned endower died
in the year 1936 and that his eldest son is the one named Khedouri, nicknamed Frederick, who resides permanently outside Iraq, and -
the second trustee Ezra Menachem Daniel died without offspring and his lineage ended, the trusteeship becomes limited to the aforementioned
Khedouri, son of the endower Sassoon Salih Daniel, who is outside Iraq.
And since it has appeared from the court's inspection and what was mentioned above, which implies that the aforementioned waqf has a vacant trusteeship
from a practical standpoint, and that it is not in the interest of the waqf to remain without a trustee over it.
And since the endower had stipulated the transfer of trusteeship upon the extinction of both lineages to the Lay Council of the community, he
has thereby preferred the Lay Council over others.
And since the waqf requires the appointment of a temporary trustee until the person stipulated for the trusteeship arrives and applies,
and for the mentioned reasons, and since paragraph (1) of Article (21) of the Jewish Community Regulations stipulates that the management of -
endowments for which a trustee cannot be appointed according to the endower's conditions shall be among the duties of the Lay Council, and since the petitioner
heads the administrative committee that stands in place of this Council, it was therefore decided to appoint the administrative committee standing in place of the Lay
Council of the Jewish Community in Baghdad as trustee over the waqf referred to above until the application of the person stipulated
for trusteeship and the issuance of the deed for his trusteeship. This deed was issued on 2/14/1956.
Signature
The Judge
Sadiq Haidar
(Certified True Copy)
Page 108
Republic of Iraq
Ministry of Education
General Directorate of Education
Private
Private
No. /: 71945
Date: 11 / 11 / 1960
To / - Presidency of the Jewish Community in Baghdad
Subject / - License for the Menahem Salih Daniel Private School
Your letter No. T / 348 / 60 dated 13 / 11 / 1960.
Please inform us if Mr. Emile Salih Shlomo, the trustee of the endowments belonging
to the deceased Menahem Salih Daniel, has submitted a request regarding making the license of the
Menahem Salih <del>Menahem</del> Daniel Private Elementary School in his name, so that we may take the necessary action in this
regard.
Director of General Education
A copy to / -
General Education Inspectorate
Directorate of Primary Education - Private
Directorate of Education of Baghdad Province / Rusafa - for information
Administration of Menahem Salih <del>Menahem</del> Daniel Elementary / Private School
Ghani / 9 / 11 / 11
Page 109
Menahem Salih Daniel School
Menahem S. Daniel's School
233/42 H 2 Menahem Daniel Street - Senak
233/42/Senak
Telephone Number 6812
TELEPHONE 6812
Number /: 634
Baghdad on: 13 / 11 / 1960
Baghdad:
His Excellency the Director of General / Private Education / Respectfully
Subject / Renewal of the school license.
Greetings,
Following the death of the late Mr. Salih Shlomo, in whose name the license for Menahem Salih Daniel School
was granted - private - primary - and kindergarten (in his capacity as the trustee of the endowments of the school founder, the late Menahem Salih Daniel),
and since the trusteeship has been transferred to his son, Mr. Emile Salih Shlomo, we request your Excellency to transfer the license to open the mentioned school
into the name of the new trustee.
Please accept the highest expressions of respect.
⟦signature⟧
Edward Yaqub
Agent for the Trustee of the Menahem Salih Daniel Endowments
Enclosed: The legal deed of trusteeship
Copy to :-
The Presidency of the Mosaic Community - for your kind information and endorsement.
Page 110
Presidency of the Mosaic Community
in Baghdad
Telephone Number { 83531
5452
Number T / 634 / 60
Date <del>1960/11/13</del>
Subject: Renewal of a school license.
His Excellency the Director of General / Private Education / Respected
Greetings
Reference to the letter from the agent of the Menahem Salih Daniel Endowments numbered 634 and dated 13 / 11 / 1960
We confirm that the late Salih Shlomo, the previous trustee, has passed away and his son Mr. Emile Salih Shlomo has become the trustee of
the aforementioned endowment at the present time; therefore, please transfer the school license to the name of the new trustee.
Please accept our highest respect
⟦illegible signature⟧
Rabbi Sassoon Khadouri
Acting President of the Community
A copy to:-
The Administrative Committee for Iraqi Jews
The Schools Committee
Trustee of the Menahem Salih Daniel Endowments
Administration of the Menahem Salih Daniel School
Page 111
Presidency of the Mosaic Community
In Baghdad
Telephone Number { 83531
5453
Number T / 638
Date 11/13/1960
Subject: Renewal of a school license.
His Excellency the Director of General / Private Education / Respectfully
Greetings
With reference to the letter from the agent of the trustee of the Menachem Saleh Daniel endowments, No. 634 dated 11/13/1960
We state that the late Saleh Shlomo, the previous trustee, has passed away, and his son, Mr. Emile Saleh Shlomo, has become the trustee of
the aforementioned endowment at the present time. Therefore, please transfer the school license to the name of the new trustee.
With highest respect
⟦illegible⟧
Rabbi Sassoon Khedouri
Acting President of the Community
A copy to:-
Administrative Committee for Iraqi Jews
Schools Committee
Trustee of the Menachem Saleh Daniel Endowments
Administration of the Menachem Saleh Daniel School
Page 112
Presidency of the Jewish Community
in Baghdad
Telephone Number { 83531
5452
60 / 10
Number T / 638
Date 13 / 11 / 1960
Subject: Renewal of a school license.
His Excellency the Director of General Education / Private / Respected
Greetings,
Reference to the letter of the agent of the trustee of the Menahem Salih Daniel Endowments, No. 634 dated 13 / 11 / 1960.
We confirm that the late Salih Shlomo, the previous trustee, has passed away, and his son Mr. Emil Salih Shlomo has become the trustee of
the aforementioned endowment at the present time. Therefore, please transfer the school license to the name of the new trustee.
Please accept our highest respect.
⟦signature⟧
Rabbi Sassoon Khadduri
Acting President of the Community
A copy to:-
Administrative Committee for Iraqi Jews
Schools Committee
Trustee of the Menahem Salih Daniel Endowments
Administration of the Menahem Salih Daniel School
Page 113
Presidency of the Mosaic Community
in Baghdad
Telephone Number { 83531
5452
No. T/: 638
Date: 1960/11/13
Subject: Renewal of a school license.
His Excellency the Director of General Education / Private / Respected
Greetings
Reference to the letter of the agent of the trustee of the Menahem Salih Daniel Endowments No. 634 dated 1960/11/13
We inform you that the late Salih Shlomo, the former trustee, has passed away and his son, Mr. Emil Salih Shlomo, has become the trustee of
the aforementioned endowment at the present time; therefore, please transfer the school license to the name of the new trustee.
Please accept our highest respect
⟦signature⟧
Rabbi Sassoon Khdhuri
Acting President of the Community
A copy to:-
The Administrative Committee for Iraqi Jews
Schools Committee
Trustee of Menahem Salih Daniel Endowments
Administration of Menahem Salih Daniel School
Page 116
Presidency of the Mosaic Community
in Baghdad
Telephone Number } 83531
5452
No. T / 638
Date 11/13/1960
Subject: Renewal of a school license.
The Honorable Director of General / Private Education
Greetings,
With reference to the letter of the agent of the trustee of the Menahem Salih Daniel Endowments, No. 634 dated 11/13/1960,
we confirm that the late Salih Shlomo, the former trustee, has passed away, and his son Mr. Emil Salih Shlomo has become the trustee of
the aforementioned endowment at the present time; therefore, please transfer the school license in the name of the new trustee.
Please accept our highest respect.
⟦illegible⟧
Rabbi Sassoon Khaddouri
Acting President of the Community
A copy to -
The Administrative Committee for Iraqi Jews
The Schools Committee
Trustee of the Menahem Salih Daniel Endowments
Administration of the Menahem Salih Daniel School
Page 119
General Directorate of Land Registry Document
Number: 3708
Date: 7 / 2 / 1956
Sequence: 213/1/4 your bond
Ministry of Justice
A transaction was submitted to us for the registration of the property described above as an endowment (waqf) of the Ezra Menahem Daniel endowments
under the trusteeship of the Administrative Committee of the Jewish Community. Upon reviewing the transaction, it appeared that the legator
endowed, according to the deed numbered 44/134/Sh dated 10 / 9 / 1944, many properties, including
the plot of land described above, and designated the trusteeship after him to the Secular Council of the Community or whoever legally
replaces it. Upon reviewing the letter from the Personal Status Court, it appeared that the Administrative
Committee of the Community was appointed as trustee over the legator's endowments, and this committee was granted broad powers -
including establishing schools, purchasing and exchanging properties, lending and borrowing, sending students outside of Iraq,
prescribing a special curriculum for study, etc...
Our observations on this subject are summarized as follows:
1 - The Secular Council does not have a legal entity at the present time, based on your ministerial
order number 1746 dated 31 / 10 / 1953, circulated by our circular number 20220
dated 7 / 11 / 1953, and your order number 1944 dated 24 / 11 / 1953, circulated
by our circular number 2188 on 30 / 11 / 953, which provides for the formation of an administrative committee to perform what
was entrusted to the Secular Council to perform according to the community law. Accordingly, the point of hesitation is limited
to whether the mentioned committee enjoys such broad powers as detailed
above or not?
2 - Since your letter numbered S/570 on 4 / 10 / 951, according to which Land Registry Instructions
number 258 dated 10 / 10 / 951 were organized, required submitting every case of this kind
to your office; therefore, we ⟦attach⟧ ⟦herewith⟧ ⟦the bond⟧, the endowment deed, and the trusteeship notification, requesting you to kindly state
your opinion on the matter and to take what you deem appropriate as a rule for us to follow in similar
cases in the future.
Record Decision
The Bureau, in view of the text of the endowment deed and the decision of the Personal Status Judge number 48 / Sh / 955,
and the Ministry of Justice orders numbered 1746 and 1449 dated 31 / 10 and 24 / 11 / 1955,
deems that the trusteeship in question belongs at the present time to the Administrative Committee formed according to
the two orders referred to above. ⟦...⟧ 13 / 2 / 1956
Page 120
Number ⟦3/1/316⟧ for the year
Subject: The charitable endowment (Waqf) of Daniel's house
Number 8076 as an endowment
Number 71/35 m ⟦-⟧ in Al-Ma
Regarding the aforementioned endowment
Specifically, since the Sharia Court in Mosul confirmed in its decision numbered ⟦111⟧ dated ⟦11⟧ April in the year
And in accordance with Article 18 of the Attached Endowments Administration Law No. 27 of 1929 amended by Law No. 22 for the year
Of 1934 and Article 31 of the Endowments Administration Law No. 36 of 1937, it was decided to consider the aforementioned endowment as an endowment
Attached to the Ministry of Endowments, and based on the request submitted by the trustee (Mutawalli) of the aforementioned endowment requesting the registration of the aforementioned endowment
In the Real Estate Registration records and in accordance with the procedures followed in Real Estate Registration, and since the aforementioned endowment is related
To an area amounting to approximately ⟦15⟧ dunams and ⟦12⟧ olks located within the boundaries of the aforementioned endowment, and based on the approval of the Ministry of Endowments
In Mosul according to its letter numbered ⟦111⟧ dated ⟦11⟧ April 1937, it was decided to register the aforementioned endowment in the Real Estate Register
⟦...⟧ and located within the boundaries of the aforementioned endowment in Mosul
Accordingly, and pursuant to our authority, we have ordered the aforementioned registration
1 - First - The areas included in the aforementioned endowment are four plots of agricultural land in Mosul registered in the Real Estate Register:
A - Number 2606 located in Mosul, with an area of 13/10135 m2, under number 371 in Real Estate Register number ⟦1⟧ in Mosul
B - Number 36/1135 m2 in Mosul, with an area of 33 m2, under number 331 in Real Estate Register number 71/1135 m2 in Mosul
C - Number 2611/35 m2 in Mosul, with an area of 58816 m2, under number ⟦11⟧ in Real Estate Register number ⟦11⟧ in Mosul
D - Since the areas mentioned above located within the boundaries of the aforementioned endowment are registered in the Real Estate Register in the name of
The trustee of the aforementioned endowment, it has been decided to consider the aforementioned endowment as an endowment attached to the Ministry of Endowments
? as mentioned above, therefore
2 - Second - And according to the registration transaction numbered 39/1/152 on ⟦1937/11/11⟧, the area mentioned in paragraph (A) above
Amounting to 13/10135 m2, has been registered in the Real Estate Register under number 1101/152 in Mosul under number 8076 as an endowment in Mosul
The aforementioned endowment in Mosul and its total area is approximately ⟦15⟧ dunams and ⟦12⟧ olks <del>⟦illegible⟧</del> registered in the name of the aforementioned endowment
Based on the decision issued by the Sharia Court in Mosul regarding the registration of the aforementioned endowment, and its total area is ⟦15⟧ dunams
And approximately ⟦12⟧ olks in Mosul
Distribution of endowment areas
An area of 831/55 m2 as an endowment in Mosul and its total area is approximately ⟦15⟧ dunams and ⟦12⟧ olks located in Mosul and registered under number
11/155 m2 and 26/1135 m2 in Mosul, with an area of 33 m2 or 3371 in the Real Estate Register, and its total area is ⟦15⟧ dunams
And it falls within the boundaries of the aforementioned endowment, the total area of which is approximately ⟦15⟧ dunams and ⟦12⟧ olks, registered in the Real Estate Register in
Mosul under number 71/35 m2 ⟦-⟧ in Mosul and registered in the name of the aforementioned endowment
Letter of the General Land Registry Directorate
Number 3708
Date 7 / 2 / 1956
Sequence 213/1/4 Sanak
Ministry of Justice
A transaction for the registration of the property described above has been submitted to us as an endowment (waqf) of the endowments of Ezra Menachem Daniel
under the guardianship of the Administrative Committee of the Israeli Community. Upon auditing the transaction, it appeared that the legator
endowed, according to the deed numbered 134 / 44 / Sh and dated 10 / 9 / 1944, many properties, including
the plot described above, and he designated the guardianship after him to the Secular Council of the community or whoever takes
its place legally. Upon reviewing what was stated in the letter of the Personal Status Court, it appeared that the Administrative Committee
of the community has been appointed as guardian over the endowments of the legator, and this committee has been granted broad powers
including establishing schools, purchasing properties, exchanging them, lending and borrowing, and sending students outside
Iraq and imposing a special curriculum for study, etc...
Our observations on this subject are summarized as follows.
1 - The Secular Council does not have a legal entity at the present time, based on your ministerial order
numbered 1746 and dated 31 / 10 / 1953, circulated by our circular numbered 20220
and dated 7 / 11 / 1953, and your order numbered 1944 and dated 24 / 11 / 1953, circulated
by our circular numbered 21885 on 30 / 11 / 1953, which stipulates the formation of an administrative committee to perform what
was entrusted to the Secular Council to perform according to the community law, and therefore the point of hesitation is limited
to whether the aforementioned committee enjoys such broad powers, the details of which are set out
above, or not?
2 - Since your letter numbered S / 570 on ⟦illegible⟧ 4 / 10 / 1951, according to which Land Registry Instructions
numbered 258 and dated 10 / 10 / 1951 were organized, required submitting every case of this kind
to your office, we therefore enclose herewith the statement, the endowment deed, and the notification of guardianship, requesting the favor of stating
your opinion on the subject and to adopt what you decide as a rule for us that can be followed in similar
cases in the future.
Recording Decision
The Diwan considers, in view of the text of the endowment deed and the decision of the Personal Status Judge numbered 48 / Sh / 955
and the Ministry of Justice orders numbered 1746 and 4491 dated 31 / 10 and 24 / 11 / 1955
that the guardianship inquired about belongs at the present time to the Administrative Committee formed according to
the two orders referred to above. 13 / 2 / 1956
Page 122
The Administrative Committee of the Jewish Community
in Baghdad
Telephone Number 5452
Number: ⟦582⟧ / ⟦58⟧
Date: 31 / 3 / 1958
Subject Summary:
His Excellency the Respectable Judge of Personal Status in Baghdad
After greetings
The Administrative Committee of the Jewish Community in Baghdad decided at its session held on 19 / 12 / 1957
to purchase plot sequence 6/150 from District No. 11, Hamdi al-Pachachi Farm, which has a total area of 2829.25 m2
from Mr. Frank Al-Aini at a price of four dinars and seven hundred and fifty fils per square meter to establish a synagogue and a school on it
in the name of the late Ezra Menahem Daniel, provided that the purchase amount of 13,438.938 dinars is paid from the expropriation compensation
of plot sequence 21/42, Al-Bataween neighborhood, belonging to the same endowment, and that it be registered in the name of the mentioned endowment.
As this purchase is beneficial to the endowment, we request the approval of your esteemed court and to grant us permission for the purchase.
This is for your Excellency to command
Fareed Dawood Samra
President of the Administrative Committee of the Jewish Community in Baghdad
(Acting as the Lay Council for the aforementioned community)
In addition to this committee being the trustee over the endowments of Ezra
Menahem Daniel
⟦signature⟧
Page 123
The Administrative Committee of the Jewish Community
in Baghdad
Telephone Number 5452
Number: M / <del>⟦illegible⟧</del> 581
Date: 31 / 3 / 1958
Subject Summary:
His Excellency the Judge of Personal Status in Baghdad, the respected
Greetings,
The Administrative Committee of the Jewish Community in Baghdad decided in its session held on 12/19/1957
to purchase plot sequence 140/6 from District No. 11, Hamdi Al-Pachachi Farm, which has a total area of 768.75 m2
from Mr. Frik Al-Aini at a price of four dinars and seven hundred and fifty fils per square meter to establish a school on it in the name of
the late Ezra Menachem Daniel, provided that the purchase amount of 3794.063 dinars is paid from the proceeds of the late Ezra
Menachem Daniel's endowments and from the remainder of the expropriation for plot sequence 42 / 21, Al-Bataween neighborhood, belonging to the same waqf-giver, and that it be registered
in the name of the aforementioned endowment. Since this purchase is beneficial to the endowment, please obtain your esteemed court's approval and authorize us
to purchase.
And the decision is yours, Your Excellency
Fareed Daoud Samra
Chairman of the Administrative Committee of the Jewish Community in Baghdad
(Acting as the aforementioned Communal Council) in addition
to this committee overseeing the Ezra Menachem Daniel endowments.
⟦illegible signature/stamp⟧
Page 124
Presidency of the Court of Cassation of Iraq
Baghdad
File Number / <del>1357</del> / 1839 / Civil / 1957
1864
The Court of Cassation of Iraq was formed on 5/8/1957 by the Vice President, Mr. Ali Mahmoud Al-Sheikh Ali,
and members Messrs. Abdul Jalil Barto and Arif Ali Asghar, authorized to judge in the name of His Majesty the King of Iraq,
and issued the following decision /
Appellant / Head of the Sewerage Service in the Capital Secretariat in addition to his post
Appellee / Head of the Jewish Community.
The Mutasarrifate of Baghdad Governorate referred the file concerning the expropriation of the entire property sequence 42 / 21 located
in the Al-Bataween neighborhood to the Baghdad Court of First Instance to decide on the objection of both parties to the value estimated by the
Valuation Committee, amounting to 3485/335 dinars, based on 3/500 dinars per square meter.
The aforementioned court, in its special body, decided on 23/6/957 under number 476 / 57 to uphold the expropriation
transaction and estimate the area expropriated from the property sequence 42 / 21 Al-Bataween neighborhood at an amount of
5974/860 dinars, and to obligate the Sewerage Service to pay the mentioned compensation to the court fund to be paid to the entitled owner
of the property, and then register the area in the name of the Sewerage Service and transfer it, plus the lawsuit fees and the fees of the committee members and inspection.
As the expropriator, the Head of the Sewerage Service in addition to his post, was not satisfied with this decision, he requested its review in cassation and its reversal.
His appeal was registered on 7/7/957 under number 1839 / Civil / 957. The Head of the Jewish Community also appealed the mentioned decision
in his capacity as the trustee of the endowments of Ezra Menahem ⟦Saleh⟧ Daniel and requested its reversal. His appeal was registered on
13/7/957 under number 1864 / Civil / 957, and the two appeals were merged due to the relationship between them.
The Decision / Upon review and deliberation, it was found that the special body carried out the expropriation procedures according to their principles,
and estimated the ⟦value⟧ as a result of the inspection and the compensation by majority after considering all factors and what must be legally observed.
Therefore, the appealed judgment is correct and in accordance with the law, and the grounds for appeal in both appeals are invalid. It was decided to reject them
and uphold the judgment, charging each party with their own appeal fee. The decision was issued unanimously / 5 / 8 / 1957.
A true copy
⟦signature⟧
The Kingdom of Iraq
50 Fils
⟦illegible⟧
Page 125
The Administrative Committee of the Jewish Community
In Baghdad
Telephone Number 5452
Number: 58/⟦...⟧
Date: 4/1/1958
Subject Summary:
Based on the decision of the Administrative Committee No. 18 taken in the session held on 3/24/1958
Which authorized Mr. Farid Daoud Samra, Chairman of the Administrative Committee, in addition to his position, to register in the
Land Registry Office the four plots sequence 6/147, 6/148, 6/138, and 6/139 of District No. 11, Hamdi al-Pachachi Farm
Waziriyah, in the name of the Administrative Committee of the Jewish Community in Baghdad, acting in place of the Lay Council of the aforementioned community.
Yaqub Ezra Abdull-ah
Secretary of the Administrative Committee
⟦Administrative Committee of the Jewish Community⟧
⟦...⟧