AI en Translation, Pages 151-175
Page 151
- 2 -
First, for the necessary restoration and construction, and what remains after that shall be given as salaries for teachers and expenses for teaching
and educating the poor students who attend the mentioned school, and that is for the repose of the soul of my wife
Rifqa bint Abdullah Shlomo. I have appointed as trustees over the mentioned endowment both my son Ezra Effendi,
the aforementioned, and Salih Effendi, the son of my brother Sassoon Effendi, and after them to the eldest of their children and the children of
my male children, in perpetuity, and the children of my brother Sassoon Effendi, the aforementioned, and the children of his male children,
in perpetuity. If neither he nor my brother has male descendants, God forbid, the trusteeship shall transfer
to the Council of the Israelite community in Baghdad. If one of the trustees travels, he has the right to appoint
the second or another in his stead. When the matter of this endowment was completed and became binding containing these recorded conditions,
and he handed it over to the appointed trustee for registration, Ezra Effendi, the aforementioned, and he managed it for a period
of time like other trustees, the endower retracted the endowment, wanting to reclaim it into his possession, arguing the lack
of bindingness according to the opinion of the two Imams, may God Almighty have mercy on them. They pleaded before the judge whose name is signed at the top of the document,
blessed be he and a good return. The aforementioned judge, may God shower his blessings upon him, saw that the side of the endowment was more worthy
and appropriate. So he ruled on the validity of the endowment and its bindingness in its specifics and generalities, preferring the side of the endowment, being aware of the disagreement
occurring among the previous Imams. With the issuance of the final judgment to settle the dispute, the endowment was completed and became binding, so it shall not be annulled or voided,
nor changed, nor substituted, nor sold, nor gifted, nor mortgaged. Written on the eighth day of the month of Shawwal
for the year one thousand three hundred and thirty-six Hijri. ⟦8 Shawwal 1336⟧
Registrar First Clerk Judge in Baghdad
Seal Al-Alusi Zadeh Seal
Seal
Marginal note on the aforementioned legal document
There appeared before the honorable Sharia council convened at the Sharia Court in the city of Baghdad, Menahem Effendi son of Salih
Daniel, residing in the Ras al-Qarya quarter in Baghdad, and declared as follows, saying: I have previously endowed the
known properties recorded in the endowment deed issued by this court on the eighth day of Shawwal for the year one thousand three hundred and thirty-six
Hijri. I have authorized the two trustees, my son Ezra Effendi and my nephew Salih Effendi bin Sassoon
Effendi, and whoever shall be trustee after them, to spend the yield, after restoration and construction, for the salaries of teachers
and for the teaching, education, and feeding of the poor Israelites who attend the (Gan Yeladim) school named
after me. Since the revenues of the mentioned properties have begun to increase and there is a surplus over the necessary expenses, I have
authorized the two mentioned trustees, after meeting the needs of the mentioned school, to either establish a school for the mentioned children or
spend it on charities and good deeds. They are authorized to do what they see fit in terms of reconstruction and modification of the endowed properties
and exchanging them for others if it is more beneficial for the endowment's growth and preservation of the assets. What occurred was written and registered by request
on the fifth day of Rajab for the year one thousand three hundred and thirty-eight Hijri. ⟦5 Rajab 1338⟧
Registrar First Clerk Judge in Baghdad
Seal Al-Alusi Zadeh Seal
Seal
⟦circular blue stamp⟧
Page 152
Number | Page | Register | Endowment Document Copy
171 | 66 | 1 |
There attended the honorable Council of Sharia held at the Sharia Court in the city of Baghdad, the sane and mature man
Menahem Effendi son of Saleh Daniel, residing in the Torah neighborhood in Baghdad, and he brought with him the trustee for registration,
his biological son Ezra Effendi, and he declared, saying: With my full health, voluntary will, choice, and maturity, I declare a valid and
legal declaration, free from compulsion and coercion, that I have endowed, sequestered, and dedicated for eternity, seeking the pleasure of God Almighty, what is my property
and under my disposal and possession until the issuance of this endowment, and that is the house located in the Bab al-Agha neighborhood in Baghdad
on the street of Al-Manara Al-Maqtouma, bounded on the front and right by the public road, and on the left by the house of the heirs belonging
to me, and from <ins>the rear</ins> by the house of Jacob, according to the Khaqani deed dated in the month of February of the year eight hundred
and twelve Rumi, number one hundred and forty-three; and the shop located in the aforementioned Bab al-Agha neighborhood in the market
of the Coppersmiths (Al-Saffarin), bounded on the front by the public road, and on the right by the shop of the seller Mustafa son of Sheikh Saleh,
and on the left and rear by the shop and khan of Joseph Gurji, according to the Khaqani deed dated in the month of May of the year
eight hundred and twenty-eight Rumi, numbers two and eight; and the shop located in the Bab al-Agha neighborhood
and in the Coppersmiths market, bounded on the front by the public road, and on the right by my shop which I have endowed as mentioned,
and on the left by the shop of the heirs of al-Hajj Khalil bin Armoush, and from the rear by the khan of Joseph Gurji, according to the Khaqani deed
dated in the month of May of the year eight hundred and twenty-eight Rumi, number eighty-three; and from the total of
the famous Khan Jaffal located in the Bab al-Agha neighborhood in the Customs (Kumruk) market, bounded first by the market, second by the market
of the Clothiers (Al-Hawakhijiyah), third by the market of the Shoemakers (Al-Khaffafin) which is also called the Sipahi market, and fourth by the Customs street; I have endowed the house, the shops,
and the price of the mentioned Khan with everything these boundaries encompass and these restrictions include, as a valid,
legal, and eternal endowment and a clear, perpetual sequestration forever and ever, until God inherits the earth and those
on it, who is the Day of Judgment, on the condition that the aforementioned endowed properties be leased for a fair rent, and the amount obtained from
the rent shall first be given for the necessary restoration and repair of the mentioned properties, and ten Ottoman gold liras shall be set aside each year
to be kept as a reserve for the anticipated restoration expenses for the place that is made into a school (Gan Yeldim)
named after Menahem Saleh Daniel, and what remains after that shall be spent on feeding the poor Israelite students
who attend the mentioned school, and their number is from one hundred to one hundred and fifty, depending on the capacity of
the revenues; so the mentioned poor students shall be fed on every day of teaching except Fridays, a meal
suitable for the mentioned revenues; and if the revenues permit, it shall be spent on the clothing of the mentioned children of the poor;
then I also endowed, sequestered, and dedicated for the sake of God Almighty what is my property and under my disposal until the issuance of this endowment
from me, and that is twenty-four shares out of a total of one hundred and five shares from the total of the mentioned Khan Jaffal, according to
the Khaqani deed dated in the month of July of the year eight hundred and twenty-four Rumi, and according to the legal division deed
issued by this court dated the eighth day of the month of Shawwal of the year eight hundred and thirty-six
Hijri, as a valid, legal, and eternal endowment and a clear, perpetual sequestration forever and ever, on the condition
that the mentioned shares be leased for a fair price with the knowledge of the trustee, and the amount obtained from the lease shall be given from it
- To be continued -
Page 153
- 2 -
First, for the necessary restoration and construction, and what remains after that shall be given as salaries for teachers and expenses for teaching
and educating poor students who attend the aforementioned school, for the repose of the soul of my wife
Rifqa, daughter of Abdullah Shlomo. I have appointed as trustees over the aforementioned endowment both my son Ezra Effendi,
the aforementioned, and Salih Effendi, son of my brother Sasson Effendi, and after them, the eldest of their children and the children
of their male children as long as they reproduce, and the children of my brother Sasson Effendi, the aforementioned, and the children of his male children
as long as they reproduce. If neither I nor my brother have male descendants, God forbid, then the trusteeship shall pass
to the Council of the Israeli Community in Baghdad. If one of the two trustees travels, he has the right to appoint
the second or another as a proxy in his stead. When the matter of this endowment was completed and became binding, containing these recorded conditions,
and it was handed over to the appointed trustee for registration, Ezra Effendi, the aforementioned, and he managed it for a period
of time like other trustees, the endower recanted the endowment, wanting to reclaim it for his property, arguing lack of
binding necessity according to the opinion of the two Imams, may God Almighty have mercy on them. They brought the case before the judge whose name is signed above, the document
is long, and according to the opinion of the referred judge, may God bestow His blessings upon him, the side of the endowment is more worthy
and appropriate. He ruled the endowment valid and binding in its specific and general terms, preferring the side of the endowment, being aware of the dispute
existing among the past Imams. After the decisive ruling for the dispute, the endowment was completed and became binding, so it shall not be broken, annulled,
changed, substituted, sold, gifted, or mortgaged. Written on the eighth day of the month of Shawwal
for the year one thousand three hundred and thirty-six Hijri.
Registration | Chief Clerk | The Judge in Baghdad
Stamp | Stamp | Al-Alusi Zadeh
| | Stamp
Footnote to the aforementioned deed:
There attended the noble Sharia session held at the Sharia Court in the city of Baghdad, Menachem Effendi son of Salih
Daniel, residing in the Ras al-Qarya neighborhood in Baghdad, and he stated the following: I have previously endowed the
known properties recorded in the endowment deed issued by this court on the eighth day of Shawwal for the year one thousand three hundred and thirty-six
Hijri, and I have authorized the two trustees, my son Ezra Effendi and my nephew Salih Effendi son of Sasson
Effendi, and whoever becomes a trustee after them, to spend the yield, after restoration and construction, for the salaries of teachers
and for teaching, educating, and feeding poor Jews who attend the (Gan Yeladim) school named
after me. Since the income of the mentioned properties has started to increase and there is a surplus over the necessary expenses, I have
authorized the mentioned trustees, after meeting the needs of the mentioned school, to either establish a school for the mentioned children or
spend it on charities and good deeds, and they are authorized in what they see fit regarding the renovation and replacement of the endowed properties
and exchanging them for others if it is more beneficial for the endowment in terms of growth and preservation of the assets. What happened was recorded and registered by request
on the fifth day of Rajab for the year one thousand three hundred and thirty-eight Hijri.
Registered | Chief Clerk | The Judge in Baghdad
Stamp | Stamp | Al-Alusi Zadeh ⟦stamp⟧
⟦illegible circular stamp⟧
1338
29
Page 154
Attended the Noble Sharia Council convened in the Court of Baghdad City, Menachem Effendi and Sasson
Effendi, sons of Saleh Effendi Daniel, residing in Ras al-Qarya neighborhood, one of the neighborhoods of the mentioned city, and they declared
while in a state where Sharia declarations are valid, saying: Before this, we had endowed four-fifths of the two houses
and the seven shops located in the Tatran neighborhood of Baghdad, known by their boundaries and sides, and the endowment was
pursuant to the endowment deed issued by this court on the ninth day of Shawwal for the year thirteen hundred and thirty-six
Hijri, and we had granted the guardianship to each of our two sons, Ezra Effendi and Saleh Effendi, and after them to the two eldest sons
of our children and our children's male children as they procreate and succeed one another, and we stipulated that the guardianship, after the extinction of all,
be transferred to the Council of the Jewish Community in Baghdad, and that one of the two guardians has the right to appoint the second or others as a proxy
if he travels, to act in his place until his return. Based on the death of one of the two guardians, the aforementioned Saleh Effendi, we have appointed
in his place Saleh Effendi Shlomo Abdullah as a guardian, while the aforementioned Ezra Effendi remains in his position according to the conditions
mentioned in the aforementioned deed, provided that the guardianship which is in the custody of Saleh Effendi Shlomo Abdullah
be after him for his eldest children and their male children as they procreate and succeed one another, generation after generation and layer after layer,
just as the guardianship in the custody of Ezra Effendi follows the condition listed in the endowment deed. In the event of the cessation of the offspring
of one of the two mentioned guardians, Ezra Effendi or Saleh Effendi Shlomo, the guardianship shall transfer and be restricted to the offspring
of the other guardian according to what is stipulated. Those entitled to succeed their predecessor shall not be prevented from doing so by the existence
of a guardian of a higher generation in his partner's share of the guardianship. Upon the cessation of their offspring, the guardianship transfers to the Council of the Jewish
Communal Body in the city of Baghdad. I requested the recording of this declaration to preserve the statement, and accordingly, it was written and registered
on the fourteenth day of Dhu al-Qi'dah for the year thirteen hundred and forty-two Hijri.
14 Dhu al-Qi'dah 1342
Witnesses of Identification
Ezekiel Naji Effendi son of Yehuda son of Yusuf from al-Haydarkhana neighborhood
and Salman Effendi son of Zion teacher of Ezekiel from al-Tawrat neighborhood
Recorded and Compared
Number | Page | Registered Record | First Clerk
152 | 4 | Seal | Seal
30 Rupees Fee of the Deed
Handed over on its date thirty rupees only, 28 June 924
First Clerk
Hussein Fawzi
Appointment of Saleh Shlomo as guardian over four-fifths of
the two houses and seven shops located in
the Tatran neighborhood
Annexed to the deed issued by the Sharia Court
in Baghdad dated 9 Shawwal 1336
Page 155
There attended the council of the noble Sharia, held in the court of the city of Baghdad, Menachem Effendi and Sassoon
Effendi, sons of Saleh Effendi Daniel, residing in the Ras al-Qarya neighborhood, one of the neighborhoods of the aforementioned city, and they declared
while being in a state in which Sharia declarations are valid, saying: Before this, we had endowed four-fifths of the two houses
and the seven shops located in the Tatran neighborhood of Baghdad, of known boundaries and sides, and the endowment was
according to the endowment deed issued by this court on the date of the ninth of Shawwal for the year one thousand three hundred and thirty-six
Hijri. We assigned the trusteeship to each of our two sons, Ezra Effendi and Saleh Effendi, and after them to the two eldest sons
of our children and our male grandchildren, as they reproduce and succeed one another. We stipulated that the trusteeship, after the extinction of all,
shall go to the Council of the Israelite community in Baghdad, and that one of the two trustees has the right to appoint the second or someone else as a proxy in case
he travels, to stand in his place until his return. Based on the death of one of the two trustees, the aforementioned Saleh Effendi, we have appointed
in his place Saleh Effendi Shlomo Abdullah as a trustee, while the aforementioned Ezra Effendi remains in his position according to the conditions
mentioned in the aforementioned deed, provided that the trusteeship held by Saleh Effendi Shlomo Abdullah
shall be, after him, for the eldest of his children and our male grandchildren, as they reproduce and succeed one another, generation after generation and lineage after lineage,
just as the trusteeship held by Ezra Effendi is subject to the condition included in the endowment deed. Upon the termination of the offspring of
one of the two aforementioned trustees, Ezra Effendi or Saleh Effendi Shlomo, the trusteeship shall transfer and be restricted to the offspring of
the other trustee as per the condition, and that whoever is entitled to stand in the place of his predecessor is not prevented from doing so by the existence of
a trustee of a higher generation than him in his partner's share of the trusteeship. Following the termination of their offspring, the trusteeship transfers to the Council of the
Israelite Corporeal Community in the city of Baghdad. I requested the documentation of this my declaration to preserve the statement, and accordingly, it was written and recorded
on the fourteenth day of Dhu al-Qi'dah for the year one thousand three hundred and forty-two Hijri.
14 Dhu al-Qi'dah 1342
Identification Witnesses:
Heskel Naji Effendi son of Yehuda son of Yusuf from al-Haydarkhana neighborhood
and Salman Effendi son of Sion, teacher of Heskel Safi from the Torah neighborhood
Recorded and compared
Number | Page | Register | Recorded | First Clerk
152 | 4 | Stamp | Stamp
30 Rupees fee for the deed
Paid on its date thirty rupees, nothing else, June 28, 924
The First Clerk
Hussein Fawzi
Saleh Shlomo was appointed as a trustee in place of the deceased Saleh Menachem
specifically over four-fifths of the two houses and the seven shops
located in the Tatran neighborhood ⟦illegible⟧
Follows the deed issued by the Sharia Court in Baghdad
dated 9 Shawwal 1336
Page 156
Registration / 24 March 1916
In the Noble Shari'a Council held at the Shari'a Court in the city of Baghdad, there appeared both men
of sound mind and legal capacity, namely Menahem Effendi and Sassoon Effendi, sons of Saleh Effendi Daniel, residing in
the Tauret quarter in Baghdad, and they brought with them for the purpose of registration Ezra Effendi, son of the aforementioned
Menahem Effendi. They declared, saying: With our full health, willingness, and choice, we declare a valid legal declaration free from
compulsion and coercion, that we have endowed, consecrated, and eternalized, seeking the pleasure of God Almighty and for the repose of the soul of our sister
Simha Khatun, what is our property and under our disposal and possession until the issuance of this endowment from us, namely four-fifths
of the house located in the Tatran quarter in Baghdad on Al-Mashhad Street, bounded on the front by a private
road, on the left by the public road, on the right by the house of Agha Baba son of Moshi, and from the rear by the house of Merin Ibrahim
and the heirs of Farha daughter of Heskel, according to the Khaqani title deed dated April of the year thirteen hundred and twenty-five
number two hundred and thirty, inherited by us from our mentioned sister Simha Khatun, with everything these
boundaries encompass and these restrictions include, as a valid, legal, and perpetual endowment and an explicit, eternal consecration until the end
of times and for all ages, on the condition that the mentioned house be leased for a fair market rent through the knowledge of the trustee, and the amount
obtained from the lease shall be spent on what is necessary for repair and restoration, and what remains after that shall be given for feeding
the children of the poor Israelites who attend the Musawiya schools in Hilla. Then we endowed, consecrated, and eternalized,
seeking the pleasure of God Almighty and for the repose of the soul of our mentioned sister Simha Khatun, what is our property and under our disposal
and possession until the issuance of this endowment from us, namely four-fifths of the house located in the mentioned Tatran quarter
on Al-Jawl Street (bounded on the front by the public road, on the left by the shops partitioned at the beginning and partitioned
at the end belonging to Simha Khatun, the owner of the property, on the right by the house belonging at present to
Haroun son of Reubin Zanki and previously to Reubin son of Baqchi, and from the rear by the house belonging at present
to Jahla daughter of Shaul Shakarchi and her partners, and previously to Simha daughter of Heskel) according to the Khaqani title deed
dated December of the year thirteen hundred and twenty-seven, number eighty-one; and four-fifths
of the shop located in the mentioned quarter and street, bounded on the front by the public road, and on the right and rear
at present by the house of Simha daughter of Saleh Daniel, and previously by the house of Farha daughter of Menahem Ezra Fujman, and on
the left by the shop of the property owner Simha at present, and previously by the shop of Farha daughter of Menahem Ezra Fujman)
according to the Khaqani title deed dated July of the year thirteen hundred and twenty-seven, number forty-one;
and four-fifths of the shop located in the mentioned quarter and street, bounded on the front by the public road,
and on the right and left by the shops of the property owner Simha daughter of Saleh Daniel at present, and previously by the shops of
Farha daughter of Menahem Ezra Fujman, and from the rear by the house of the mentioned property owner Simha at present, and the mentioned Farha
previously, according to the Khaqani title deed dated July of the year thirteen hundred and twenty-seven, number
forty-two; and four-fifths of the shop located in the mentioned quarter and street, and from the front and left
by the public road, and on the right and rear by the house of the mentioned property owner Simha at present, and previously the house of
the mentioned Farha, according to the Khaqani title deed dated July of the year thirteen hundred and twenty-seven, number
forty-three; and four-fifths of the shop located in the mentioned quarter and street, bounded on the front by the road
public, and on the right by the shop of the mentioned property owner Simha, and from the rear by the partitioned house belonging to Simha
1- Four-fifths | The house located | in the Tatran quarter
and four-fifths | seven shops | in the Tatran quarter
1
1
1
1
- To be continued -
Page 157
- 2 -
aforementioned, and from the left by the subdivided shop belonging to the aforementioned Simha according to the Khagani deed dated
December 1, 1327, and number seventy-seven; and four-fifths of the shop located in
the aforementioned neighborhood and street, bounded from the front by the public road, and from the right and left by the subdivided shops
belonging to the property owner, the aforementioned Simha, and from the back by the subdivided house belonging to the aforementioned Simha according to
the Khagani deed dated December 1327, number seventy-eight; and four-
1 fifths of the shop located in the aforementioned neighborhood and street, bounded from the front by the public road, and from the right
and left by the subdivided shops belonging to the property owner, the aforementioned Simha, and from the back by the subdivided house belonging to
the aforementioned Simha according to the Khagani deed dated December 1327, and number
1 seventy-nine; and four-fifths of the shop located in the aforementioned neighborhood and street, bounded from the front
by the public road, and from the right by the subdivided shop belonging to the property owner, the aforementioned Simha, and from the back by the subdivided house
belonging to the aforementioned Simha, and from the left by the shop which currently belongs to Juhla daughter of Shaul
Shakarji and her partners, and previously to Simha daughter of Hasqeel according to the Khagani deed dated December of the year
1327, number eighty; all of these aforementioned were given to us by our sister, the aforementioned Simha Khatun,
with all that these boundaries encompass and these restrictions contain, as a valid, legal, eternal endowment and an explicit,
perpetual detention for ever and ever, until God inherits the earth and those upon it until the Day of Judgment, provided that
the aforementioned endowed properties are leased for a fair rent through the knowledge of the trustee, and the amount obtained from the lease shall be given
firstly for the necessary repair and restoration of the mentioned properties, and what remains shall be used to feed the children of the poor who attend
the school (Kan Yeldim Menachem Salih Daniel). We have appointed as trustees over the mentioned endowment Ezra Effendi or
the aforementioned person, and Salih Effendi son of Sassoon Effendi, the aforementioned person, and after them the two eldest of our children and our children's
children, as long as they reproduce; and if we have no male descendants, God forbid, the trusteeship shall transfer to the Council of
the Israelite Community in Baghdad. If one of the two trustees travels, he has the right to appoint the second or someone else in his place.
When this endowment was completed and became binding containing these written conditions, and it was delivered to the appointed trustee for registration,
the aforementioned Ezra Effendi, who managed it for a period of time like other trustees, the two endowers returned desiring to reclaim
the endowment back into their ownership, arguing a lack of binding force based on the opinion of the two Imams, may God have mercy on them, and they litigated before the judge
whose name is signed at the top of the document—blessed be he and may he have a good return—and the mentioned judge, may God shower His blessings upon him, saw that the side
of the endowment was more appropriate and worthy, and thus ruled for the validity and binding nature of the endowment in its specifics and generalities, preferring the side of the endowment, being aware of the existing
disagreement among the ancestral Imams, and with the limit of the judgment that ends the dispute, the endowment was completed and became binding; it shall not be diminished, voided, altered, or replaced,
nor shall it be sold, pledged, or gifted. Written on the ninth day of the honored Shawwal of the year 1336.
Number
181 | Page | The Registered Record
Seal | First Scribe
Seal | 9 Shawwal 1336
Anna | Rupee
12 | 81 | Hujjah (Deed) fee
Eighty-one rupees and twelve annas only were delivered on its date, July 25, 1918.
First Scribe. Deputy
Seal
Registered in the Baghdad Endowments Department, March 24, 91
Seal and signature
Endowments Department in Baghdad
Page 158
T / 145 / 5
30 / 11 / 1953
The Administrative Committee ⟦line⟧
To ⟦line⟧
The Honorable Ministry of Justice ⟦line⟧
Greetings,
With reference to your honorable ministry's order No. 1144 dated 24 / 11 / 1953,
the Administrative Committee formed under the ministerial order referred to above met on the evening of 29 / 11 /
1953 and decided as follows:-
1 - | Election of Mr. Farid Daoud Samra as Chairman of the Committee.
2 - | Election of Mr. Frank Yamin as Vice-Chairman.
3 - | Election of Mr. Yaqoub Ezra Abdullah as Secretary.
Please accept the assurances of our highest respect.
⟦illegible⟧
Rabbi Sassoon Khadhuri
Acting Head of the Community
Copy to:
The Administrative Committee - for information
⟦illegible⟧
⟦illegible⟧
Page 159
⟦Ministry⟧ of Justice
Department of Personnel Matters
Date - 24 / 11 / 1953
Ministry of Justice Order (1944)
With reference to Ministerial Order No. 1746 dated 31 / 10 / 1953
and after consulting with the Acting Head of the Community, we have decided to form a committee to carry out the management of what was entrusted to the Lay Council to perform in accordance
with the Jewish Community Law No. 77 of 1931 from the individuals whose names follow, provided they elect one of them to assume
its presidency:-
1 - Frank Yasmine
2 - Farid Daoud Samra
3 - Menashi Ibrahim Kashi
4 - Eliyahu Ezra Khalaschi
5 - Yaqub Ezra Abdullah
Jamil Al-Orfali
Minister of Justice
A copy to:-
The Presidency of the Cabinet Office
The Presidency of the Legal Drafting Bureau
Baghdad Governorate - General Police Directorate
All Banks
General Directorate of Propaganda - for publication in the Official Gazette
Courts and Judicial Departments
Administration of the Jewish Community in Baghdad
Rabbi Sassoon Khedhouri
Accounts Directorate
Original Record
10 / 2
2
Presidency of the Jewish Community
1953
Baghdad
Page 160
Case Number 955/54 Sh
Personal Status Court in Baghdad
The Personal Status Court was formed on 2/11/955 under the presidency of Mr. Hamid Ja'far, authorized to adjudicate
in the name of His Majesty the King of Iraq, and issued the following permit document: -
Mr. Farid Daoud Samra approached this court in his capacity as the Chairman of the Administrative Committee for the Community -
the Israelites in Baghdad, acting in place of the Communal Council for the aforementioned community, via his petition dated
1/16/955, in which he stated that the six following properties: first, the house located in the Bab
al-Agha neighborhood on Al-Uqdah Street in Baghdad. Second, the two shops located in the Bab al-Agha neighborhood on
Al-Saffafir Street in Baghdad. Third, a share of the khan famous as Khan Affan located in the Bab al-Agha neighborhood
in the Turkish Market in Baghdad. Fourth, (24) shares out of (105) shares of the aforementioned Khan Affan
above. Fifth, four-fifths of the endowed house in the First Al-Tatran neighborhood on Al-Sayyid Street
and the second on Al-Hawl Street in Baghdad. Sixth, half of the pharmacy located in the Souq
al-Ghazal neighborhood on Sultan Avenue in Baghdad. All these properties are from the endowments (waqfs) of Menachem and Sha'ul,
the sons of Salih Daniel, and were under the guardianship of Ezra Menachem Daniel and Salih Shlomo Abboudi. When the
former died, Salih Shlomo Abboudi remained the sole trustee over these endowments, and the mentioned trustee
died in late 1954, and the amount spent from the revenues on the charitable
entities designated in the endowment deed is not known, nor did he clarify before his death the remaining amounts of the revenues that
were under his control. Therefore, his estate is responsible for them unless his heirs prove how they were spent by their predecessor
according to the conditions of the endowment.
Since one of the heirs of the mentioned trustee, Salih Shlomo Abboudi, is his wife and beloved Habiba daughter of
Salman Salih Daniel, representing the estate for which her predecessor incorporated the mentioned endowment revenues into his liability.
And since the Communal Council of the Israelite Community (which has been replaced by the Administrative Committee
of the mentioned community) has the right of supervision and oversight over the charitable endowments of the Israelite community
pursuant to the legal document issued by this court under number 87/925 and Article 7 of the Law of the
Israelite Community.
And since the supervisor does not have the right to file a lawsuit against anyone who incorporates any of the
endowment funds into his liability except after obtaining permission from this court.
Therefore, in his aforementioned capacity, he requests to be granted permission to file a lawsuit against the estate of
the former trustee Salih Shlomo Abboudi to protect the endowment funds from loss, and that the amounts
due to the community from the liability of the aforementioned former trustee are not less than sixty thousand dinars.
Based on this request, the court has reviewed the legal document issued by this court
Page 161
(2)
under number 87/925 and dated 17 ⟦Shawwal⟧ 925, this deed in which it was mentioned that it was issued for the purpose of
detailing how to manage these endowments, clarifying the conditions of the endowers, and amending them with an amendment
that does not affect the essence of the endowment. Whereas this deed has addressed the endowed properties
mentioned above and specified the descriptions of all the endowment deeds issued for them, which is the Sharia deed issued
on 6 ⟦Shawwal⟧ 1341, registered in register No. (1) under number 181 and recorded in the Baghdad Endowments Department
on March 24, ⟦1923⟧, and the deed issued by the Baghdad Sharia Court on ⟦Shawwal⟧ 1346
registered in register No. (1) under number 179 and page 69 and recorded in the Baghdad Endowments Department
on March 24, ⟦1928⟧, and the Sharia deed issued by the Baghdad Sharia Court on
14 Dhu al-Qi'dah 1344 registered in register No. (4) under 151. And the Sharia deed issued
by the Baghdad Sharia Court on 28 Rabi' al-Thani ⟦1344⟧ registered in register No. (4) under
211 and page 82. And the Sharia deed issued by the Baghdad Sharia Court on 14 Dhu
al-Qi'dah 1344 registered in register No. (4) under number 152 and the decree issued by the
Baghdad Court of First Instance on June 2, ⟦1924⟧ under number (8) Letter of Subsidies (156).
And whereas it has been verified to the court from the order of the Ministry of Justice numbered ⟦1944⟧ and dated 11/24/952
that a committee has been formed to manage what was entrusted to the Lay Council to perform in accordance
with the Law of the Jewish Community, and it was verified from the letter of the Community Presidency addressed to the Ministry
of Justice under number T/224/4 and dated 11/20/52 that the applicant Mr. Farid
Daoud Samra has become the chairman of this committee. It was also verified that this committee,
in its session held on 10/24/952, decided to file a lawsuit in the name of Celine Alf
Daniel against the estate of Saleh Shlomo ⟦Ezra⟧, the previous trustee of the Baruch and Shalom
Daniel endowments, and authorized the aforementioned head of the committee to approach this court to obtain the required
permission to file the lawsuit.
And whereas the Sharia deed numbered 87/925 referred to above has given the Lay
Council the right of supervision and oversight over these endowments, and Article (7) of the
Law of the Jewish Community in Baghdad No. 77 of ⟦1931⟧ made it one of the functions of the Lay
Council to oversee the properties endowed for charitable purposes, so the Lay Council becomes
the supervisor over these endowments by virtue of the endowment contracts and by the text of the law.
And whereas the judge has the right to authorize litigation in the endowment for whoever he wishes as long as he has the right of general
guardianship over the endowments. And whereas it is a necessity of the endowment and that the debt is established primarily
against the administrator; if the administrator dies, the owner of the observation has the right to recover what he spent with his permission from his estate.
Page 162
(2)
His heirs also inherited that after him, and there is no recourse against the <del>current</del> administrator, but rather the recourse
is against the heirs of the first administrator; and since granting permission to the Communal Council to file a lawsuit
against the estate of the former administrator for the management of the endowment is more beneficial to the endowment than filing it on behalf of
the current administrator, because the current administrator is one of the heirs of the former administrator against whose estate
the lawsuit is intended to be filed, as that puts him in a position of liability.
Therefore, and due to the fulfillment of the legal basis for the request and in view of the interest of the endowment, the
court has decided to grant permission to the plaintiff, Mr. Farid Daoud Samra, in his capacity as
Chairman of the Administrative Committee for the Israelite Community in Baghdad, acting in place of the
Communal Council of the aforementioned community, the supervisor of these endowments, to file a lawsuit
against Mrs. Regina, daughter of Sassoon Daniel, one of the heirs of the former administrator,
and her late husband Saleh Shlomo Aboud <del>⟦illegible⟧</del> in addition to the estate, regarding the amounts
that the Communal Council claims remain as a debt against the aforementioned administrator.
Judge
True copy 11/6/95
Page 163
Personal Status Court in Baghdad
File Number - 53 / 1955 Shari'a
The Personal Status Court was convened on 11/2/1955 by its judge, Mr. Sadiq Haidar,
authorized to adjudicate in the name of His Majesty the King of Iraq, and issued the following certificate of authorization.
Mr. Farid Daoud Samra approached this court in his capacity as the Chairman of the Administrative Committee for the Jewish Community
in Baghdad, acting in place of the Lay Council of the aforementioned community, via his petition dated
10/19/1955, in which he stated that the following six properties: First, the house located in the Bab
al-Agha district on al-Maqtouma Street in Baghdad. Second, the two shops located in the Bab al-Agha district on al-Saffafir Street
in Baghdad. Third, one-eighth of the Khan known as Khan Jaghan located in the Bab al-Agha district in the Customs Market
in Baghdad. Fourth, 24 shares out of 105 shares of the aforementioned Khan Jaghan. Fifth,
four-fifths of the two houses located in the al-Tatran district, the first on Mosque Street and the second on al-Jadwal Street
in Baghdad. Sixth, half of the pharmacy located in the Souq al-Ghazal district on Attarin Avenue in Baghdad.
All these properties are endowments (Awqaf) of Menachem and Sassoon, the sons of Saleh Daniel. They were under the trusteeship of
Ezra Menachem Daniel and Saleh Shlomo Abdullah. When the former died, Saleh Shlomo Abdullah remained as the sole trustee over
these endowments. The aforementioned trustee passed away in late 1954, and the amount spent
from the revenues on the charitable causes specified in the endowment deeds is unknown, nor did he clarify before his death the remaining balances of
revenues that were under his control. Therefore, his estate is now responsible for them unless his heirs prove the manner of their expenditure by
their predecessor in accordance with the endowment conditions.
Since one of the heirs of the aforementioned trustee Saleh Shlomo Abdullah is his wife, Regina daughter of Sassoon
Saleh Daniel, representing the estate into whose liability her predecessor brought the revenues of the mentioned endowment. And since the
Lay Council of the Jewish Community (represented by the Administrative Committee of the mentioned community) has the right
of oversight and supervision over the charitable endowments of the community pursuant to the Shari'a certificate issued by this court
under file number 87/935 and Article 7 of the Jewish Community Law. And since the supervisor does not
have the right to file a lawsuit against anyone who incurs a liability toward endowment funds except after obtaining permission from this
court.
Therefore, he requests, in his aforementioned capacity, to be granted permission to file a lawsuit against the estate of the former trustee
Saleh Shlomo Abdullah to protect the endowment funds from loss, and the amounts the community believes are
owed by the aforementioned former trustee are not less than sixty thousand Dinars.
Based on this request, the court has reviewed the Shari'a certificate issued by this court
under number 87/935 dated August 17, 1935. This certificate stated that it was issued for the purpose of
detailing how these endowments are managed, clarifying the conditions of the endowers, and amending them in a way that does not affect the essence of the endowment.
It appears that this certificate covered the properties endowed above and clarified the descriptions of the issued endowment deeds.
- To be continued -
Page 164
- 2 -
by it, which is the Sharia deed issued on 9 Shawwal 1336 registered in Registry No. (1) under number
181 and recorded in the Baghdad Endowments Department on March 24, 1916; and the deed issued by the Sharia Court of
Baghdad on 8 Shawwal 1336 registered in Registry No. (1) under number 179 and page 69 and recorded
at the Baghdad Endowments Department on March 24, 1916; and the Sharia deed issued by the Baghdad Sharia Court
on 14 Dhu al-Qi'dah 1342 registered in Registry No. 4 under number 151; and the Sharia deed
issued by the Baghdad Sharia Court on 28 Rabi' al-Thani 1343 registered in Registry No. 4
under number 311 and page 83; and the Sharia deed issued by the Baghdad Sharia Court on
14 Dhu al-Qi'dah 1342 registered in Registry No. 4 under number 152; and the notification issued by the
Baghdad Court of First Instance on June 3, 1924 under number 8, file 156.
And whereas it has been verified to the Court from the Ministry of Justice Order No. 1944 dated 11/24/53
that a committee has been formed to undertake the administration of what was entrusted to the Communal Council to perform in accordance with the Law of the Jewish
Community. And it was verified from the letter of the Community Presidency addressed to the Ministry of Justice under No. T/3240/53
dated 11/30/53 that the petitioner, Mr. Farid Daoud Samra, has become the chairman of this committee.
And it was also verified that this committee, in its session held on 10/24/1955, decided to file
a lawsuit for the amount of sixty thousand dinars against the estate of Saleh Shlomo Abdullah, the former trustee of the Sassoon
and Menahim Daniel endowments, and authorized the aforementioned chairman of the committee to consult this court to obtain the required permission
to file the lawsuit.
And whereas the Sharia deed numbered 87/935 referred to above has given the Communal
Council the right of guardianship and supervision over these endowments. Furthermore, Article 7 of the Law of the Jewish
Community in Baghdad No. 77 of 1931 made it the duty of the Communal Council to supervise
endowed properties for charitable purposes; thus, the Communal Council becomes the overseer of these endowments by virtue of
the endowment contracts and the text of the law.
And whereas the judge may grant permission for litigation regarding the endowment to whomever he wishes due to his general mandate over
endowments. And whereas the endowment has no independent financial liability and the debt is established initially against the guardian; if the guardian dies, the owner
of the observed debt may claim what he spent with his permission from his estate, and his heirs may do so after him, and he does not claim against the new
trustee, but rather against the heirs of the first trustee. And whereas granting permission to the Communal Council
to file the lawsuit against the estate of the former trustee regarding the endowment revenues is more secure and beneficial for the endowment than filing it by the current
trustee, because the current trustee is one of the heirs of the former trustee against whose estate the lawsuit is intended to be filed, as this
would involve avoiding a liability.
Therefore, and for the verification of the legal reason for the request, and in view of the interest of the endowment, the court has hereby decided
to grant permission to the petitioner, Mr. Farid Daoud Samra, in his capacity as Chairman of the Administrative Committee of the community
- to be continued -
Page 165
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the Israeli [Jewish] in Baghdad acting as the Lay Council of the aforementioned community overseeing these endowments
to file a lawsuit against Mrs. Regina daughter of Sassoon Daniel, one of the heirs of the previous trustee, her
deceased husband Saleh Shlomo Abdullah, in addition to the estate, for the amounts that the Lay Council believes remain
as a liability of the aforementioned trustee.
The Judge
⟦illegible⟧
⟦illegible⟧
Page 166
Administrative Committee of the Jewish Community
In Baghdad
Telephone Number 5452
Number: M / 10 / 580
Date: 5 / 8 / 1958
Endowments Department
⟦illegible⟧
⟦illegible⟧ / 957
Subject Summary - Auditing the accounts of the Ezra and Heskel Menachem Daniel Endowments.
To "Mr. Munir Dangoor, Assistant Trustee of the Ezra and Heskel Menachem Daniel Endowments
We requested you some time ago to organize the accounts of the endowments, and we assigned at that time the auditor Shawqi Dallal to audit your accounts.
The auditor indicated in his report dated 12 / 14 / 54 the necessity of keeping your records using the double-entry method. Upon auditing the accounts
afterward, you did not follow the required correct method, but rather continued following your initial method without paying attention to
the auditor's remarks.
We assigned for a second time last year the auditing of your accounts, however, the deficiency that befell you prevented the auditor from performing
the task in a regular manner. Furthermore, you were not in a condition that allowed your presence with Mr. Shawqi to examine the endowment books. Since your
illness lasted for periods over a year and a half, it prevented establishing a result for the accounts under discussion.
Therefore, we assigned Mr. Yusuf Dangoor, the Deputy Assistant, to carry out this task, but he was unable to perform it in a
satisfactory manner, which led us to assign Mr. Shlomo Sweih to audit the endowment books in the presence of the deputy Mr. Yusuf Dangoor.
He has indeed performed this task and sent his report to us on 5 / 6 / 58. Upon reviewing the report, the following appeared:-
1 - Endowments of the late Ezra Menachem Daniel
A - 3159/331 Dinars in expenses according to unregistered receipts, the details of which are in Table No. (2).
B - 8869/585 Checks drawn to the order of the owner Ezra Menachem Daniel and unregistered, details in Table No. (3).
2 - Endowments of Heskel Menachem Daniel
A - Expenses according to unrecorded receipts as listed in Table No. (5) amounting to 2759/150 Dinars.
3 - The presence of a deficit in the two endowments amounting to 2151/509 Dinars. Since we believe there must be other receipts in your possession that were not
found, please search for them with the help of the deputy Mr. Yusuf Dangoor and present them for recording so that we may be clear regarding the endowment accounts
and any amounts that may be owed by you.
In view of your health condition, the Administrative Committee has decided to grant you a period of one month to record the deficiencies, otherwise you
shall be responsible for settling them immediately.
On this occasion, we would like to draw your attention again to know the reasons for not entering these records in the books and that it is a violation
and negligence on your part. We hope you will explain to us the reasons that led to not entering these records in the report you will submit during
the period we decided to grant you. Note that we are dissatisfied with your work in general.
We have also decided to suspend the allowances amounting to 10% until we receive your detailed report.
The President
A copy to "the Deputy Assistant Yusuf Dangoor for follow-up and providing a report to the Committee at the end of the one-month period
granted to Mr. Munir Dangoor to submit his report.
I received a copy of the letter, Mr. Munir Dangoor
⟦illegible⟧ Yusuf Dangoor
5 / 8 / 58
Page 167
Administrative Committee of the Jewish Community
in Baghdad
Telephone Number 5452
Number:
Date: 3 / 11 / 1958
Subject Summary: ⟦line⟧
The two parties, Lawyer Mr. Mustafa Al-Ankarli and the Chairman of the Administrative Committee for Iraqi Jews in his official capacity, have agreed
on a fee of forty dinars, half of which (twenty dinars) shall be paid in cash to the aforementioned lawyer, and the remainder shall be paid when
the third-party opposition lawsuit filed by Mr. Emil Saleh Shlomo in the Baghdad Court of Appeals regarding the occupational rent adjudged
against Jassim Nariman is dismissed and the judgment acquires finality in favor of the Committee. The Committee may not prevent the lawyer from continuing
the proceedings without a legal reason. If the parties to the lawsuit reach a settlement or reconciliation and abandon the lawsuit so that it is dropped, the lawyer shall be entitled to the remaining fee.
As a statement, the two parties have signed this agreement. ⟦line⟧
Lawyer
Mustafa Al-Ankarli
Salman Daniel
Chairman of the Administrative Committee for Iraqi Jews
In his official capacity
Republic of Iraq 50 Fils
Republic of Iraq 30 Fils
Distribute
Documents
Page 169
Personal Status Court in Adhamiyah
Deed Number - 37
Date 7 / 2 / 957
The Judge of Personal Status in Adhamiyah, Mr. Abdul Rahman al-Khudair, authorized to adjudicate
In the name of His Majesty the King of Iraq, has recorded what follows:
At the Sharia council convened in this court, the attorney Mr. Wahid Amjad al-Zahawi appeared
as the general agent for Regina Sassoon Saleh Daniel, by virtue of his general power of attorney certified by the Notary
Public of Northern Baghdad under number 1732 and dated 3 / 2 / 1957. He submitted a request dated
4 / 2 / 1957, which includes his request to appoint his client as the trustee over the endowments (awqaf) of her father, Sassoon Saleh Daniel,
endowed under the Waqf Deed number 156 dated June 3, 1924, issued by the Judge of
Personal Status in Baghdad. Based on the protocol signed by Mr. Hussein Al-Sayyid Muhammad
Al-Sadr, Sassoon Abid, and Maurice ⟦Hattayat⟧, managers of the Lawi Company, and Abdul Khaliq Al-Saadoun, a retired Colonel,
and Mir Basri, and the Mukhtar of Al-Sinak district, Abdul Latif bin Salman, and the testimony of the two witnesses, Mr. Abdul Razzaq
Mubarak and Hussein Muhammad Ali, that the aforementioned Regina is fit to undertake the trusteeship and capable of preserving
and managing the endowed properties. Therefore, and based on the foregoing, Regina Sassoon
Saleh Daniel has been appointed by the Sharia as the trustee over the endowments of her father, Sassoon Saleh Daniel, mentioned in the Waqf Deed
referred to above, and the facts were recorded upon request. The fee was collected in the amount of five Dinars and recorded under number
51 / 89 / 1954 and dated 6 / 2 / 1957.
Salim Hussein
First Clerk
Abdul Rahman al-Khudair
The Judge
Page 170
Personal Status Court in Adhamiya
Endowment Document Number - 37
Date: 7 / 2 / 1957
The Personal Status Judge in Adhamiya, Mr. Abdul Rahman Al-Khodayer, authorized to judge
in the name of His Majesty the King of Iraq, has recorded the following:
In the session of the Sharia council held in this court, the lawyer Mr. Waheed Amjad Al-Rahawi appeared
as the general agent for Regina Sassoon Saleh Daniel, by virtue of his general power of attorney certified by the Notary
Public of North Baghdad, numbered 1732 and dated 3 / 2 / 1957. He submitted a request dated
4 / 2 / 1957, which includes his request to appoint his client as the trustee over the endowments of her father, Sassoon Saleh Daniel,
endowed by virtue of the Endowment Deed numbered 156 and dated 3 June 1924, issued by the Personal
Status Judge in Baghdad. Based on the minutes signed by Mr. Hussain Al-Sayyid Muhammad
Al-Sadr, Sassoon Abed, and Maurice Jannat, directors of the Lawi Company, and Abdul Khaliq Al-Saadoun, a retired slave,
and Meir Basri, and the mukhtar of Al-Sinak district, Abdul Latif bin Salman, and the testimony of the two witnesses, Mr. Abdul Razzaq
Mubarak and Hussain Muhammad Ali, stating that the aforementioned Regina is fit to perform the trusteeship and capable of preserving
and managing the endowed properties. Accordingly, based on the above, Regina Sassoon
Saleh Daniel has been appointed by Sharia law as the trustee over the endowments of her father, the aforementioned Sassoon Saleh Daniel, mentioned in the endowment deed
referred to above. What occurred has been recorded as requested. The fee of five dinars was collected and registered under number
51 / 9 / 1954 and dated 6 / 2 / 1957.
Salim Hussain
Chief Clerk
Abdul Rahman Al-Khodayer
Judge
Page 171
Baghdad First Instance Court
Court of Personal Status
Case Number - 41 Shar 55 / 19
Date 28 / 7 / 1955
Mr. Farid Dawood Samra appeared before this court in his capacity as the President of the Administrative Committee for the
Jewish community in Baghdad, acting in place of the Lay Council of the aforementioned community, in addition to the Committee,
with his petition dated 26 / 7 / 1955, which states that this court had issued
the Hujja (deed) numbered 33 / 45 Shar regarding the endowment of the properties mentioned therein belonging to Ezra Menachem Daniel
under the conditions stated therein. And that the aforementioned endower had assigned the guardianship (Tawliya) of this endowment to himself
as long as he lived, and after him, the guardianship shall transfer automatically to the Lay Council or whoever acts in its place.
And since the aforementioned endower passed away in the year 1952, and the Lay Council has the right to be
the guardian. And since the Administrative Committee is acting in place of the Lay Council, he requests the issuance of
a Sharia Hujja (deed) making the Administrative Committee of the Jewish community in Baghdad the guardian over this endowment.
Based on this request, the court has reviewed the endowment deed issued by this court
under number (33 / 45 Shar and dated 25 / 2 / 1945, which includes that Ezra Menachem Daniel had endowed
207 out of 480 shares of seven properties described therein. It appeared that this deed,
regarding the guardianship, stipulated that the guardianship was placed in the hands of the aforementioned endower for as long as he lived, and he also reserved
for himself the right to appoint, under the conditions he sees fit, a guardian or two guardians over the mentioned endowment during his lifetime,
by limiting the guardianship to a specific person or persons, and it is also permissible to appoint a legal entity for guardianship, provided
the guardianship transfers after him automatically to the Lay Council of the Jewish community in Baghdad
or whoever legally takes its place in the event that no guardian or guardians were appointed for the mentioned endowments during
his lifetime.
The court also reviewed the Sharia distribution of inheritance issued under number 24 / 52 Shar and dated 21 / 4 / 52
concerning the death of the endower Ezra son of Menachem Saleh Daniel, and the court heard the testimony of both witnesses
Sassoon Khedhouri Obeidia and Yaqoub Saleh Elias, which confirmed that the endower in question passed away
in the year 1952.
It also reviewed the Ministry of Justice order number 1944 and dated 24 / 11 / 53, which includes
the formation of a committee to manage what was entrusted to the Lay Council of the Jewish community to perform in accordance with the Law of
the Community for the year 1931, consisting of five persons whose names are listed in the mentioned order, including Mr. Farid
Dawood Samra. It also reviewed the letter from the Presidency of the Jewish Community in Baghdad addressed to the Ministry of Justice
under number T / 240 / 53 and dated 30 / 11 / 53, containing the committee's decision to elect Mr. Farid Dawood
Samra for it.
- To be continued -
Page 172
Baghdad Court of First Instance
Personal Status Court
Case Number - 41 / Sh / 1955
Date 28 / 7 / 55
Formations of the Baghdad Court of First Instance
Judge - Mr. Sadiq Haider
On the date / / 195 by its judge Mr.
Authorized to adjudicate in the name of His Majesty the King of Iraq and issued its following judgment:
Plaintiff: -
Defendant: -
- 2 -
The Decision - Accordingly, and for the stated reasons, and whereas the endowment deed under discussion stipulated that the
guardianship shall pass after the death of the endower, Ezra Menahem Daniel, automatically to the Lay Council
of the Jewish Community in Baghdad or whoever legally takes its place in the event that no guardian or guardians were appointed for
this endowment during the lifetime of the endower. And whereas it has not been shown to the court that the aforementioned endower appointed a guardian
or guardians for his endowment during his lifetime, and whereas it has been verified from the Sharia inheritance division and the testimony heard
the death of the aforementioned endower, and based on what was stated in the order of the Ministry of Justice and the letter of the Administrative Committee referred to
above, it was therefore decided to consider the Administrative Committee of the Jewish Community in Baghdad, acting in the place of
the Lay Council of the aforementioned community, as the guardian of the Ezra Menahem Daniel endowment, for which the
endowment deed No. 33 / 45 Sh dated 25 / 2 / 45 was issued.
This deed was issued on 28 / 7 / 1955
Judge
50 Fils
⟦illegible⟧
Page 173
134 / 44 Sh
Judge - Mr. Abbas Shikara
Endower - Ezra Menahem Daniel
On this day, Ezra Menahem Daniel appeared and after being identified by the identification witnesses Ezra
Meir Baroukh and Victor Dawood, he stated the following:-
I, the undersigned Ezra Menahem Daniel, by my own volition, choice, and in full mental capacity and maturity, have agreed to remove
seven plots, which are the properties belonging to me numbered Tapu sequence 4 / 1 / 212, 4 / 1 / 166, 1 / 1 / 212,
5 / 212, 4 / 212, 3 / 166, and 1 / 166 located in Al-Sinak neighborhood in Baghdad, from my private ownership
and to dedicate them as a valid, final, and perpetual endowment (waqf), and I have made them an endowment for the repose of the soul of my late brother Heskel Menahem
Daniel. I have established the trusteeship (tawliya) over them for myself as long as I am alive, and I reserved for myself the right to appoint a trustee
or trustees over the mentioned endowments throughout my lifetime, provided that the trusteeship shall transfer after me automatically
to the Lay Council of the Jewish Community in Baghdad or whoever legally represents it in the event that no trustee
or trustees were appointed over the mentioned endowments during my lifetime. The trustee is obliged in all cases
to undertake the following matters:-
First - To take, as soon as possible and appropriate, a part of the aforementioned endowed properties to establish a school
thereon to be named after my late brother Heskel Menahem Daniel, in which professions, industries, and crafts shall be taught
to poor and underprivileged Jewish females. It is permissible to establish the mentioned school at the same time
or later as a factory for the purpose of conducting practical applications of the lessons of the mentioned professions, industries, and crafts
in a practical manner.
Second - To utilize all the endowed properties until the date of the establishment of the mentioned school and what remains of them after
the establishment of the school, and to spend the yield, firstly, on paying government and municipal fees and taxes; secondly, on
carrying out restorations and repairs in the endowed properties, including the school building if it
has been established; thirdly, on paying the trustee's wage or the wages and expenses of managing the endowed properties in case
no wage is paid to the trustee as will be explained below; fourthly, to keep the remaining amounts
of the yield obtained before the establishment of the school for the purpose of spending them on its establishment later; fifthly, to keep
in each year after the establishment of the school an appropriate amount to be set as a reserve for emergencies; sixthly, to spend
the surplus of the yield on the management of the school and the factory in all respects and on spending all necessary amounts
for the education and instruction of the female students therein and on other charitable causes which the trustee is authorized
to carry out according to the conditions mentioned below.
Third - The trustee, if he sees the interest of the endowments, may exchange a part or all of the endowed properties, including
the school itself, for other properties in Baghdad to be used as a more suitable school or for exploitation under more
beneficial conditions. If he replaces the school itself, he must establish in its stead a more suitable school
for the purpose for which it was established, and he may purchase from the yield other properties adjacent to the properties
Page 174
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endowed or outside of it, whether for the purpose of exploitation or for the purpose of establishing a school on it, provided
that it be endowed under the same conditions listed in this endowment deed. He also has the right to rent any other place he deems
suitable to use as a branch for the school under discussion and to spend on it if there is a surplus in the yield.
In all cases, the school or its branches must be named after my late brother, Heskel Menahem Daniel.
Fourth - The trustee may invest the surplus yields available to him at the time by depositing them in banks or
by lending them against strong securities or by investing them in shares, stocks, financial bonds, and other
means that are trusted and reliable.
Fifth - The trustee may borrow sums of money for the purpose of construction and establishment on the endowed properties
on the condition of ensuring the repayment of the borrowed sums and their interest from the endowment yield within a specific period, taking into
account the securing of expenses for the school's administration in a regular and permanent manner.
Sixth - The trustee may carry out the following charitable matters for poor and needy students of the Israelite
community and allocate the necessary sums to be spent for this purpose.
(a) Spending on students whose education in some industries and crafts is decided in other
industrial schools inside Iraq.
(b) Sending students outside Iraq, whether the delegates are male or female from the school
or outside it, for the purpose of full specialization in one of the industries for which they demonstrate
a special aptitude, and spending on them according to conditions he sets. These students must
return to Iraq to practice their craft therein.
(c) Purchasing professional and industrial tools and equipment for some students graduating from the school
under discussion for use in the profession or craft in which they specialized, under
specific conditions.
(d) Clothing and feeding students in need of that.
(e) Admitting students other than the poor under conditions he decides if he sees an interest in doing so.
Seventh - The trustee may change the school into an industrial or vocational school for males if it becomes clear to him after trials
and testing that an industrial school for females does not yield the required benefit. He may also establish
another industrial school for males under the same conditions while maintaining the vocational industrial school for girls if
he deems it appropriate and the surplus of the endowment yield allows for that after securing the needs of the
aforementioned female school, provided that he always has the right to establish in the said school or schools a workshop
for the purpose of practical application of the lessons in crafts, industries, and trades, and provided that the name of my late brother
Heskel Menahem Daniel is always given to the said school, schools, workshop, or workshops and their branches, if any.
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Eighth - After the transfer of the trusteeship to the Lay Council of the Jewish community in Baghdad, the Council shall perform
the trusteeship duties listed in this endowment deed, and it is mandatory for it, in addition, to carry out the following matters:
A - To preserve the documents, deeds, reserve funds, and the surplus of money that
is obtained from the yield of the endowments and deposit them in banks under a special name and title for the aforementioned endowment.
B - To form a special committee for the purpose of managing the school, provided that the number of members, their duration of service,
the nature of their work, powers, duties, and other matters related to it and how to carry out its work are decided by a special decision
of the Lay Council. The committee's actions shall be
subject to the supervision and inspection of the trustee on a permanent basis. The committee shall perform the following actions in fulfillment of the purpose
intended by the endower:
1 - Managing the school, appointing teachers, employees, and servants, determining their salaries,
setting their employment conditions, paying their salaries, purchasing supplies, and performing other matters
related to school affairs and teaching therein, and fostering the spirit of cooperation and sacrifice in
the female students and instilling good morals in them, and everything that would improve the condition of the girl
and make her happy by giving her the necessary qualifications to enable her to earn her living freely in life.
2 - Organizing an annual budget showing the estimated revenues and the allocation of expenditures needed by the
committee to carry out its mission, and organizing the annual curriculum and presenting them to the trustee for
approval before beginning their implementation.
3 - Deciding on the execution of the charitable matters stated in Clause Six above and setting the conditions for that.
C - Based on the proposal of the school management committee, the trustee shall appoint an agent authorized with the necessary powers
to manage, exploit, construct, and restore the endowed properties for a flat or
proportional fee as required. In this case, the committee must supervise the agent's work,
audit them, and certify their final accounts at the end of each year, then present them to the
⟦Trustee⟧.
D - The trustee's decision regarding borrowing mentioned in Clause Five above, as well as regarding
the implementation of any of the matters mentioned in Clause Seven above, is contingent upon obtaining
the approval of both the committee and the Lay Council independently. Ratification is completed by the approval of two-thirds
of the members originally appointed or elected in both the committee and the Council.
Ninth - I reserve for myself, when appointing a trustee or trustees over the endowed properties during my lifetime,
the right to reduce or increase the rights and powers of the trustee or trustees appointed by me regarding all matters
listed in Clause Eight above.
Tenth - I have the right, as long as the trusteeship is limited to me, to receive a trusteeship fee of seven and a half percent of
the yield of the endowed properties after deducting government and municipal fees and taxes, and I also have the right to set a trusteeship fee