AI en Translation, Pages 26-50
Page 27
Serial | Date of Decision | Dossier Number
28 | 17 / 3 / 32 | 20 / 32
The plaintiff Ibrahim Daoud Nahoum, the general agent for the Israeli Kadoorie, appeared before the court by virtue of
the power of attorney certified by the British Consul in Shanghai dated December 10, 1931, and claimed that
according to his power of attorney for the Israeli Kadoorie, authorized therein to endow the two houses belonging to the aforementioned
Israeli Kadoorie, one numbered 115 / 7 and the second 438 / 94, he has endowed the two houses
mentioned and removed them from the ownership of his aforementioned client and made them a valid, perpetual, and binding endowment including all
related rights and facilities, and made them an annex to the school endowed by the aforementioned client
known as the Laura Kadoorie School, to be a part of it used as a school for Israeli girls,
provided that the trustee of this endowment be the President of the Alliance Israélite Universelle in Paris, and if this
association should cease to exist at any time, then the trusteeship of the mentioned endowment shall return to the Chief Rabbi
and the President of the Lay Council of the Jewish community in Baghdad, and they shall jointly manage it,
and each of them shall have the right to appoint the other or any other person for any matter of
the trusteeship affairs or all of them and to dismiss him time after time. He requested, according to his aforementioned power of attorney, the issuance
of an endowment deed based on the mentioned conditions. Accordingly, after inquiring from the Land Registry Office about the ownership of these
two houses and it appearing that they are owned by the endowing client, the Israeli Kadoorie, and that they are not
mortgaged or seized, as was learned from the letter received from the Director of the Baghdad Land Registry dated March 12,
1932, numbered 1194, it has been ruled that this endowment is valid in its specific and general terms and must be implemented according to the conditions
listed in the body of this notice, provided that the trusteeship of this endowment be in the hands of the President of the Alliance Israélite
Universelle in Paris, and if this association should cease to exist at any time, the trusteeship returns to the Chief
Rabbi and the President of the Lay Council of the Jewish community in Baghdad, and they shall jointly
manage it, provided that each of them has the right to appoint the other or any person for any matter
of the trusteeship affairs or all of them and to dismiss him time after time, and that these two houses
shall be annexed to the school endowed by the endowing client known as the Laura Kadoorie School to be
a part of it used as a school for Israeli girls according to the conditions of the endower. What occurred was written by request on the date
March 17, 1932
The Judge
50 fils
⟦illegible⟧
True copy
⟦illegible⟧
Page 28
Sequence | Decision Date | Dossier Number
28 | 17/32/32 | 20/32
The plaintiff Ibrahim Daoud Nahum, the general agent for Sir Elly Kadoorie, appeared before the court by virtue of
the power of attorney certified by the British Consul in Shanghai dated December 10, 1931, and claimed that
according to his power of attorney for Sir Elly Kadoorie, who authorized him therein to endow the two houses belonging to the aforementioned
Sir Elly Kadoorie, one numbered 137 / 115 and the second 94 / 438, he has endowed the two
aforementioned houses, removed them from the ownership of his aforementioned principal, and made them a valid, eternal, and binding Waqf with all
rights and facilities related to them, and made them an annex to the school endowed by the aforementioned principal
known as the Laura Kadoorie School, to be a part of it used as a school for Jewish girls,
provided that the trustee (Mutawalli) of this Waqf be the President of the Alliance Israélite Universelle in Paris, and if
this association ceases to exist at any time, then the trusteeship of the mentioned Waqf shall revert to the Chief Rabbi
and the President of the Lay Council of the Jewish community in Baghdad, who shall jointly manage it,
and provided that each of them has the right to appoint the other or any other person as an agent for any of the
trusteeship matters or all of them, and to dismiss him repeatedly. He requested, according to his aforementioned power of attorney, the issuance of
a Waqf deed based on the mentioned conditions. Accordingly, after inquiring with the Land Registry (Tapu) regarding the ownership of these two
houses and confirming that they are owned by the principal, the endower Sir Elly Kadoorie, and that they are neither
mortgaged nor seized, as was learned from the letter received from the Director of the Baghdad Land Registry dated
March 12, 1932, and numbered 1194, it was ruled that this Waqf is valid in its specifics and generalities and must be executed according to the conditions
listed in the body of this notification, provided that the trusteeship of this Waqf be in the hand of the President of the Alliance
Israélite in Paris, and if this association ceases to exist at any time, the trusteeship reverts to the Chief
Rabbi and the President of the Lay Council of the Jewish community in Baghdad, and they shall jointly manage it
provided that each of them has the right to appoint the other or any person for any matter
of the trusteeship affairs or all of them, and to dismiss him repeatedly, and that these two houses be
annexed to the school endowed by the aforementioned principal endower known as the Laura Kadoorie School to be
a part of it used as a school for Jewish girls according to the endower's condition. What occurred was recorded by request on
March 17, 1932
Judge
A true copy
50 Fils
⟦illegible⟧
⟦illegible⟧
Assistant ⟦illegible⟧
Page 29
Personal Status Court ⟦in Baghdad⟧
In Al-Adhamiya
File Number - 2 / 957
The Personal Status Court in Al-Adhamiya was formed on May 19, 1957, by its judge Mr. Abdul Rahman Al-Khudair
Authorized to judge in the name of His Majesty the King of Iraq, and issued the following judgment.
Plaintiff - President of the Administrative Committee of the Jewish Community
Defendant - Regina Sassoon Saleh Daniel
This court, on February 7, 1957, under number 38 / 957, issued a certificate regarding the appointment of Regina Sassoon
Saleh Daniel as trustee over the endowments of her father Sassoon Saleh Daniel, based on the record presented to this
court and the personal evidence heard which supported that Regina Sassoon is qualified to undertake the trusteeship and capable of
preserving and managing the endowed properties. However, the President of the Administrative Committee of the Jewish Community filed this lawsuit against
Regina Sassoon requesting the annulment of the aforementioned certificate and the appointment of the Administrative Committee of the Jewish Community in Baghdad, acting in
place of the Secular Council of the mentioned community, as trustee over the endowments subject of the lawsuit and charging the defendant with costs
based on the endowment deed (Waqfiya) dated 5 Rajab 1328 AH and the Ministerial Order dated November 24, 1953
containing the formation of a committee to manage what was entrusted to the Secular Council to perform according to the Jewish Community Law No. 7 of the year
1931. Upon reviewing the lawsuit petition, the pleadings of both parties, and the two endowment deeds issued by the Sharia Court in Baghdad
dated 9 and 16 Jumada al-Ula, year 1328 AH, which stipulate that the person named Sassoon Waqf bin Saleh
Waqf Daniel has endowed what is his property and under his disposal, and placed the trusteeship with Ezra Waqf and his son Saleh Waqf and after them
to the eldest of their children and their children's male children as they proliferate and succeed one another, and the children of his brother Menachem Waqf and his male children's children
as they proliferate. And if neither he nor his brother have male offspring, the trusteeship passes to the Council of the Jewish Community in Al-Hillah
until the end of what was stated therein. It is inferred from this that the endower restricted the endowment to his son and his nephew Ezra Waqf and after them
to their children and their children's male children as they proliferate. If the offspring goes extinct, the trusteeship returns to the ⟦Community⟧ Council of the Jewish Community.
Upon examining what was stated in the lawsuit petition and the pleadings submitted by the plaintiff's attorneys that the endower had restricted
the endowment to his children, his brother's children, and their male children only, and that the term "male" is a restriction for the children and grandchildren only, this
claim is invalid because "children," as most jurists and linguists have held, includes both males and females. And to this
points the endower's statement ("if the offspring goes extinct, the trusteeship returns to the Jewish Community, etc."). Offspring certainly includes males
and females, just as the intention of the endowers in directing it was to restrict the trusteeship of this endowment to his offspring and it does not transfer unless they go extinct.
The commentaries of the jurists support this direction, considering that the endower's offspring are more entitled to manage the endowment and more knowledgeable of its interest and goals.
And whereas it has been proven to the court that the defendant is the daughter of the endower and that she is qualified for trusteeship and capable of managing the endowment as
proven by the certificate issued by this court on February 7, 1957, under number 38 / 957, therefore the claims of
the plaintiff become invalid. It was decided to dismiss them and charge him with the costs and six Dinars and seven hundred and fifty Fils as the defendant's attorney fees
and two and a quarter Dinars as the fee for the response pleading. The decision was issued in presence, subject to appeal, and announced publicly.
Abdul Rahman Al-Khudair
Judge
50 Fils
Page 30
Personal Status Court ⟦in Baghdad⟧
in Al-Adhamiya
File Number - ⟦6⟧ / 957
The Personal Status Court in Al-Adhamiya was formed on 19 / 5 / 957 by its judge, Mr. Abdul Rahman Al-Khudair
authorized to adjudicate in the name of His Majesty the Great King, and issued the following judgment.
Plaintiff - Chairman of the Administrative Committee of the Jewish Community
Defendant - Regina Sassoon Saleh Daniel
On 7 / 2 / 957, under number 38 / 957, this court had issued a deed appointing Regina Sassoon
Saleh Daniel as the trustee (Mutawalliya) over the endowments of her father Sassoon Saleh Daniel, based on the record presented to this
court and the heard personal testimony which supported that Regina Sassoon is fit to undertake the trusteeship and capable of
preserving and managing the endowed properties. However, the Chairman of the Administrative Committee of the Jewish Community filed this lawsuit against
Regina Sassoon requesting the annulment of the mentioned deed and the appointment of the Administrative Committee of the Jewish Community in Baghdad, acting
on behalf of the Communal Council of the mentioned community, as the trustee over the endowments subject of the lawsuit, and charging the defendant with the expenses,
relying on the endowment deed (Waqfiyya) dated 5 / Rajab / 1338 Hijri and the Ministerial Order dated 24 / 11 / 953
which included the formation of a committee to manage what was entrusted to the Communal Council to perform in accordance with the Jewish Community Law No. 7 of the year
1931. Upon reviewing the lawsuit petition, the pleadings of both parties, and the two endowment deeds issued by the Sharia Court in Baghdad
dated 9 and 16 Jumada al-Ula in the year 1338 Hijri, which state that the person named Sassoon Efendi Saleh
Efendi Daniel had endowed what is his property and under his disposal and placed the trusteeship to Ezra Efendi and his son Saleh Efendi and after them
to the eldest of their children and their children's male children for as long as they reproduce and succeed each other, and the children of his brother Menachem Efendi and his male grandchildren
for as long as they reproduce. If he or his brother has no male offspring, the trusteeship moves to the Jewish Community Council in Hillah
until the end of what was stated therein. It is inferred from this that the endower limited the endowment to his son and his nephew Ezra Efendi and after them
to their children and their children's male children for as long as they reproduce, and if the offspring becomes extinct, the trusteeship returns to the Jewish Community Council.
Upon examining what was stated in the lawsuit petition and the pleadings submitted by the plaintiff's attorneys that the endower had restricted
the endowment to his children and his brother's children and their male children only, and that the word 'males' is a restriction for the children and grandchildren only, this
is invalid because 'children', as held by most jurists and linguists, includes males and females, and regarding this
the endower says (if the offspring becomes extinct, the trusteeship returns to the Jewish community etc.). Offspring (Dhurriyya) certainly includes males
and females, and the endower's intent is not to limit the trusteeship of this endowment to his offspring such that it does not transfer unless they go extinct.
The commentaries of the jurists support this direction on the basis that the endower's offspring are more entitled to manage the endowment and more aware of its interests and goals.
Since it has been proven to the court that the defendant is the daughter of the endower and that she is fit for the trusteeship and capable of managing the endowment, as
proven by the deed issued by this court on 7 / 2 / 957 under number 38 / 957, therefore the claims of
the plaintiff become invalid. It was decided to reject them and charge him with the expenses and six dinars and seven hundred and fifty fils as the attorney fees for the defendant,
and two and a quarter dinars as the fee for the response pleading. The decision was issued in presence, subject to appeal, and announced publicly.
Abdul Rahman Al-Khudair
The Judge
50 fils
⟦...⟧ / 8 / 7
Page 31
To the Honorable Judge of the Baghdad Sharia Court,
The late Sasson Saleh Daniel, according to the two endowment deeds issued by your honorable court
dated 9 and 16 Jumada al-Awwal 1337 AH ⟦and numbered 61 and 77⟧ / had endowed all the properties belonging to him
whose details are recorded in the aforementioned two deeds, provided that the proceeds are spent on teaching and educating
the poor students of the Mosaic community.
Since the mentioned endowment is a community endowment for charitable purposes, I request your honor to provide me
with certified copies of the two mentioned endowments. With all due respect to your honor,
Rabbi Sasson Khedouri
Acting Head of the Community⟦e⟧
Page 32
Personal Status Court
In Adhamiya
Deed Number - 38
Date - 7 / 2 / 957
The Personal Status Judge in Adhamiya, Mr. Abdul Rahman Al-Khudair, authorized to adjudicate
In the name of His Majesty the King of Iraq, has recorded the following:
At the Sharia council convened in this court, the lawyer Mr. Wahid Amjad Al-Zahawi appeared
as the general attorney for Regina Sassoon Saleh Daniel, by virtue of his general power of attorney certified by the Notary Public
of North Baghdad on 3 / 2 / 957, number 1732. He submitted a request dated 4 / 2 / 1957, which included
his request to appoint his client as the trustee over the endowments of her late father, Sassoon Saleh Daniel, which were endowed
pursuant to the two endowment deeds issued by the Sunni Sharia Court of Baghdad on 9 Jumada al-Akhira 1337
AH and 16 Jumada al-Akhira 1337 AH. Based on the minutes signed by Mr. Hussein Al-Sayyid
Muhammad al-Sadr, Sassoon Abid, Maurice Jataiyat (managers of the Lawi Company), Abdul Khaliq al-Saadoun (retired colonel),
Mir Basri, and the Mukhtar of Al-Senak neighborhood, 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 is capable of preserving
and managing the endowed properties. Therefore, based on the above, Regina Sassoon
Saleh Daniel has been appointed by the Sharia authority as the trustee over the endowments of her father, Sassoon Saleh Daniel, mentioned in the two endowment deeds
referred to above, and the facts were recorded upon request. The fee of five dinars was collected and registered under number
51 / 79 / 1954, dated 6 / 2 / 1957.
Abdul Rahman Al-Khudair
The Judge
⟦illegible⟧
7 / 2 / 957
Salim Hussein
First Clerk
⟦illegible⟧
Page 33
Presidency of the Mosaic Community
Baghdad
⟦from them⟧
311
⟦illegible⟧
H
⟦illegible⟧
4/5/14
Date:
Fils:
Dinar:
⟦...⟧ Presidency of the Mosaic Community in Baghdad, the above mentioned amount in the sum of
Page 34
Number
61
Number
61
In the Council of the Noble Sharia convened at the Sharia Court in the city of Baghdad, the virtuous and
distinguished man, Sassoon Effendi son of Saleh Effendi Daniel, residing in the Ras al-Qarya neighborhood, one of the neighborhoods of
Baghdad, appeared and brought with him, for the purpose of registration, the trustee, his nephew Ezra Effendi son of Menachem Effendi son of Saleh
Effendi Daniel, aforementioned, residing in the aforementioned neighborhood. He declared, stating: While in my full health, volition, choice,
and maturity, I declare a valid legal declaration free from compulsion and coercion, that I have endowed, detained, and perpetuated eternally,
for the sake of God Almighty, what is my property and under my disposal and possession until the issuance of this endowment from me, and that is
two-thirds of all properties located in the al-Qasab neighborhood in the Tuwayrij market in the town of al-Hindiyah, which are the shops
bounded on both sides by the property of the bankrupts, and by the shop of Ali, and by the public road; and the shop bounded on
both sides by the property of the bankrupts, and by the shop of Muhammad al-Saeed, and by the Tuwayrij market; and the shop bounded by the shop of Anbar,
and by the shop of Al-Hajj Ibrahim, and by the vacant land belonging to the bankrupts, and by the public road; and the shop bounded
by the shop of Anbar, and by the lands belonging to the bankrupts, and by the shop of the virtuous Abi Hazm Abu al-Fadil, and by the public road;
and the empty plot bounded by the Tuwayrij market, and by the Qaysariyah market belonging to the bankrupts, and by the public road;
and the Qaysariyah containing sixteen shops bounded by Salwat Abu Halawi, and by the public road, and by the lands belonging
to the bankrupts, and by the shop of Al-Hajj Awda, and by the Tuwayrij market, according to the Khaqani deeds all dated in
June of the year eighteen hundred and one, and numbered eleventh, eighth, ninth, eleventh, fourth, and seventh,
on which currently the plot and the Qaysariyah have been built as one khan with ten shops; and the shop bounded on the right
and the back by the ruins of Menachem Saleh Effendi, and on the left by the shop of Jassim bin Muhammad, and from the front by the road
public, according to the Khaqani deed dated July of the year eighteen hundred and twenty-seven, and numbered second;
and the shop bounded on the front and left by the public road, and on the right by the owner of the property, and from the back
by the wharf of Menachem Saleh Effendi, according to the Khaqani deed dated September of the year eighteen hundred and twenty-eight,
and numbered second, and currently it has been built and made into shops; and the shop bounded on the right by the property of Daoud
bin Abdul Nabi, and on the left by the shops of Menachem Saleh Effendi, and from the back by the wharf of Saleh bin Abdullah,
and from the front by the public road, according to the Khaqani deed dated September of the year eighteen hundred and twenty-nine,
and numbered fourth, according to the legal gift deed issued by this court dated the ninth day
of Jumada al-Awwal of the year eighteen hundred and thirty-seven Hijri, as a valid, legal, eternal endowment and an explicit detention,
perpetuated forever and for all ages, on the condition that the aforementioned properties be leased for a fair rent through
the trustee, and the amount obtained from the lease shall first be given for the necessary reconstruction and repair, and what remains after that
shall be given as salaries for teachers and expenses for teaching and educating poor students who attend the schools
of the Musawi in the neighborhood, both male and female. I have appointed as trustees of the aforementioned endowment both my nephew Ezra Effendi
aforementioned and my son Saleh Effendi, and after them the eldest of my children and my children's children aforementioned as long as they reproduce
and succeed one another, and the children of my brother Menachem Effendi and his children's children aforementioned as long as they reproduce. If I and my brother have no male
descendants, God forbid, the trusteeship shall transfer to the Council of the Israelite community in the neighborhood. And if it becomes extinct
- To be continued -
Page 35
- 2 -
The administrators shall have the right to delegate the second or others in their stead if the schools in the neighborhood are closed,
at which point the endowment's revenue shall return to the teaching and education of the children of the poor Musawis who are in the schools
of the Israelites in Baghdad. This endowment was completed and became binding containing these written conditions, and it was handed over
to the appointed administrator for the purpose of registration, the aforementioned Ezra Effendi, and he managed it for a period of time
like other administrators. The endower then recanted the endowment, wishing to return it to his ownership, arguing its non-binding nature
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 at the top of the book, may he have bliss
and a good return. The aforementioned judge, may God bestow His favors upon him, saw that ⟦the side of the endowment and its priority in its specific and general aspects was more appropriate and more fulfilling according to the noble Sharia law⟧,
favoring the side of the endowment, being aware of the existing dispute between the Islamic Imams. By the decisive judgment that settles
the dispute, the endowment was completed and became binding; it may not be revoked, invalidated, changed, altered, sold, gifted, or pledged. Written
on the ninth day of Jumada al-Ula for the year one thousand three hundred and thirty-seven Hijri.
9 Jumada al-Ula 1337 The Sharia Court in Baghdad
⟦stamp⟧
⟦stamp⟧
⟦stamp⟧
⟦stamp⟧
There attended the assembly of the noble Sharia held at the Sharia Court in the city of Baghdad, Sassoon Effendi
son of Saleh Effendi Daniel, residing in the Ras al-Qariya neighborhood in Baghdad, and declared saying: I have previously endowed
the known properties recorded in the two endowment deeds issued by this court dated the ninth
and sixteenth of Jumada al-Ula for the year one thousand three hundred and thirty-seven. I authorized the two administrators,
my son Saleh Effendi and my nephew Menachem Effendi's son, Ezra Effendi, and whoever takes over after them, to spend the revenue,
after repairs and restoration, for the salaries of teachers and the costs of teaching and educating poor students who
attend the Musawi schools in this neighborhood, both male and female. Since these conditions limit the authority
of the mentioned administrators to the mentioned schools only, I have facilitated the expansion of their authority and those after them whenever they see
it fit, to spend a portion of the revenue on repairing the mentioned schools and on other aspects of
charities and good deeds. They are also authorized to do as they see fit regarding the repair or replacement of the construction of the endowed properties
or exchanging them for what is more beneficial for the endowment, more proper, more productive, more advantageous, and preservative of the property. What
occurred was written and registered by request on the fifth day of the month of Rajab for the year one thousand three hundred and thirty-eight Hijri.
5 Rajab 1338
⟦stamp⟧
⟦stamp⟧
⟦stamp⟧
⟦stamp⟧
Page 36
Number | Register | Page | Endowment Order
77 | Copy of the Endowment Deed | 77
The sane and mature man, Sassoon Effendi son of Salih Effendi Daniel, residing in the Ras al-Qarya neighborhood, one of the neighborhoods
of Baghdad, attended the assembly of the Honorable Sharia, held at the Sharia Court in the city of Baghdad. He brought with him, for the purpose of registration as the trustee, his nephew Ezra Effendi bin Menachem Effendi bin Salih
Effendi, the aforementioned residing in the aforementioned neighborhood. He declared, saying: While in my full health, free will, choice, ⟦and maturity⟧ and guidance,
a valid and legal declaration free from compulsion and coercion, that I have endowed, sequestered, and made perpetual, ⟦seeking⟧ the pleasure of
the Almighty, that which is my property and under my disposal and possession until the issuance of this endowment from me, which is one-third of all
the properties located in Al-Qash neighborhood in Souq Tuwayrij in the sub-district of Al-Hindiya. I had previously endowed
one-third of them according to the deed issued by this court dated the ninth day of Jumada al-Awwal in the year
one thousand three hundred and thirty-seven AH, and I have joined this third to that endowment deed. It consists of the shop bounded on
both sides by the property of the bankrupts and by the shop of Ali bin Hussein Al-Sam; the shop bounded on both sides by the property of
the bankrupts and by the shop of Muhammad al-Ubaid and by Souq Tuwayrij; the shop bounded by the shop of Anbar and the shop of Al-Hajj
Ibrahim and by the cellar head belonging to the bankrupts and by the public road; the shop bounded by the shop of Anbar
and by the prevailing head of the bankrupts and by the prevailing shop to the حرم of Abu Al-Fadhil and by the public road; and the empty cellar
bounded by Souq Tuwayrij and by the Qaysariyya market belonging to the bankrupts and by the public road; and the Qaysariyya containing
sixteen shops bounded by Salwa Abu Khawun and by the public road and by the head belonging to the bankrupts and by the shop of
Al-Hajj Odeh and by Souq Tuwayrij, according to the Khaqani documents, all dated in the register of
June for the year one thousand three hundred and one AH, under numbers five, eight, nine, eleven, four,
and seven, where currently the vacant plot and the Qaysariyya have been built into one khan and several shops; and the shop bounded
from the right and back by the ruins of Menachem Salih Effendi, from the left by the shop of Jassim bin Muhammad, and from the front
by the public road, according to the Khaqani document dated in the Permanent Register in July for the year one thousand three hundred and twenty-seven
AH, under number two; and the shop bounded from the front and left by the public road, and from the right
by the property of the owner, and from the back by the wharf of Menachem Salih Effendi, according to the Khaqani document dated in
September for the year one thousand three hundred and twenty-eight AH in the Permanent Register under number two, and at present it has been built
and made into two shops; and the shop bounded on the right by the property of Dawud bin Abd Ali, and on the left by two shops of Menachem
Salih Effendi, and from the back by the wharf of Salih bin Abdullah, and from the front by the public road, according to the Khaqani
document dated in September for the year one thousand three hundred and twenty-nine AH in the Permanent Register under number four. All of these have become
a valid, legal, and perpetual endowment and a clear, eternal sequestration for all eternity and for all time,
provided that the aforementioned properties are leased for a fair market value under the supervision of the trustee, and the amount obtained from the lease
is given first for the necessary construction and restoration, and what remains after that shall be spent as salaries for teachers and for the cost of
teaching and educating poor students who attend the Musawiya schools in Hillah, both male and female. I have
appointed as trustees over the mentioned endowment my aforementioned nephew Ezra Effendi and my son Salih Effendi,
and after them, the eldest of my children and the children of my male children, generation after generation and in succession, and the children of my brother Menachem.
- To be continued -
Page 37
- 2 -
Effendi and his male children's children, successively and ⟦...⟧ consecutively, and if neither I nor my brother have male descendants, and sovereignty belongs to God
Exalted, then the guardianship shall transfer to the council of the Israelite community in Hillah. If one of the two guardians travels, he has the right
to appoint the second or someone else in his stead. If the schools in Hillah are abolished, then the endowment's revenue shall revert to
the teaching and education of the children of the poor Mosesites who are in the Israelite schools in Baghdad. When the matter of this
endowment was completed and became binding, containing these listed conditions, and he delivered it to the appointed guardian, the honorable Ezra
Effendi aforementioned, and he managed it for a period of time like other guardians, the endower recanted the endowment, wanting to reclaim it
to his ownership, arguing its non-binding nature 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
at the top of the document—blessed is he and a good return—so the aforementioned judge, may God shower His blessings upon him, saw that the side of the endowment was more worthy
and appropriate. He ruled the validity of the endowment and its binding nature in specific and general terms, referring back to ⟦the side of⟧ the endowment, being aware of the existing disagreement among the leading
Imams, and by the decisive ruling that ends the dispute, the endowment was completed and became binding. It shall not be revoked, invalidated, changed, altered, sold,
gifted, or pledged. Written on the sixteenth day of the month of Jumada al-Ula for the year one thousand three hundred and thirty-seven
Hijri. ⟦16 Jumada al-Awwal 1337⟧ The Grandson
⟦The First Confirmation⟧
⟦Judge of Baghdad⟧
⟦Musawi Zadeh⟧
Sassoon Effendi attended the council of the radiant noble Sharia held at the Sharia Court in the city of Baghdad,
son of Saleh Effendi Daniel, residing in the Ras al-Qarya neighborhood in Baghdad, and declared saying: Before this, I have endowed
the known properties written in the two endowment deeds issued by this court dated <del>the twenty-ninth</del>
the sixteenth of Jumada al-Ula for the year one thousand three hundred and thirty-seven Hijri, and I have authorized both guardians, Sassoon
son of Saleh Effendi and my nephew Menachem Effendi, who is Ezra Effendi, and whoever takes charge after them, to spend the revenue
after reconstruction and restoration on the salaries of teachers and the expenses of teaching and educating the poor students who study
in the Mosesite schools in the town of Hillah, both male and female. Since this condition limits the authority of the aforementioned guardians
to the mentioned schools only, I have wished to expand their authority and authorization whenever they see fit to spend
a portion of the revenue on the reconstruction of the mentioned schools and on other charitable and benevolent causes, and they are authorized
also in what they see fit regarding the reconstruction and establishment, or even building of the endowed properties and replacing them with other property that is more beneficial to the endowment,
better, and more productive in growth and benefit and preservation of the assets. What happened by request was written and recorded on the fifth day of the month of
Rajab for the year one thousand three hundred and thirty-eight Hijri. 5 Rajab 1338
The Sharia Court in Baghdad
⟦Judge⟧
⟦The First Confirmation⟧
A true copy 7/12/937
The Useful
Fathi
This copy was added to the file of separate properties from it
And it was copied by the relevant department 4/12/938
The First Confirmation
Directorate of Endowments
General Accounting
⟦illegible⟧
Page 38
The Endowment ⟦written⟧ Salih Daniel
Statement of properties located in Al-Qasab neighborhood in Tuwayrij Market in the district of
Al-Hindiya, which are:
1- (The shop) bounded by the road between the Al-Muzahir and from its side on the public road
2- (The shop) bounded by the road between the Al-Muzahir and the shop of Muhammad al-Ubaid and Tuwayrij Market
3- (The shop) bounded by Anbar's shop, the house of Hajj Ibrahim, the lands endowed to the Al-Muzahir, and the public road
4- (The shop) bounded by Anbar's shop, the lands belonging to the Al-Muzahir, the house of Hajj Ibrahim, and the public road
5- The plot of land bounded by Tuwayrij Market, the front of the Qaysariyah belonging to the Al-Muzahir, and the public road
6- The Qaysariyah - containing 16 shops bounded by Abu Hadi's loft, the public road, the lands belonging to the Al-Muzahir, and the house of
Hajj Aboud and Tuwayrij Market
7- (The shop) bounded on the right and back by the food store of Salih Effendi, on the left by the shop of Hakim Muhammad,
and in the front by the public road according to the Khaqani title deed no. ⟦...⟧
8- (The shop) bounded on the front and left by the public road, on the right by Hakim's shop ⟦...⟧
and in the back by Salih Effendi's food ⟦pier/wharf⟧ according to the Khaqani title deed no. ⟦1728⟧
And currently the Al-Muzahir has made ⟦two⟧ shops
9- (The shop) bounded on the right by the shop of Daoud bin Aboud, on the left by the shop of Salih
Salih Effendi, in the back by the pier of Salih Effendi, and in the front by the public road
The Decision
On the second day of the month of ⟦...⟧
⟦...⟧
According to the Khaqani deed dated in
⟦...⟧ which is on the road
The plot of land, the Qaysariyah, the Khan ⟦...⟧
Page 39
Based on the decision of the esteemed Council of Ministers
Taken in its session held on 1/21/1924
Communicated to us by the letter of the Secretariat of the Council of Ministers No. 121
Dated the 23rd of it, it was decided to grant ownership of this plot
To ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
In the name of the King of Iraq
We, Faisal I, King of Iraq
Based on what was presented to us by the Minister of Finance
We have decreed as follows:
Ownership of plot number ⟦...⟧ in the district of ⟦...⟧
In Baghdad, with an area of ⟦...⟧ square meters, is granted
To the Mosaic community in Baghdad for use
As a school for girls ⟦...⟧ ⟦...⟧ ⟦...⟧
The Minister of Finance shall implement this decree
Written in Baghdad on the day ⟦...⟧ of the month ⟦...⟧ of the year 1342
Corresponding to the day ⟦...⟧ of the month ⟦...⟧ of the year 1924
4/10/87
1/21/1924
4/10/87
1/21/1924
4/10/87
Faisal
Minister of Finance
Prime Minister
To the Honorable ⟦illegible⟧
Ah
Perpetually
Terms of the Endowment (Waqf)
That the aforementioned properties be restored instead of being offered for sale with the amount obtained from
⟦illegible⟧ from which is given
⟦illegible⟧ and the restoration, and the remainder thereafter shall be given as salaries for teachers and for the expenses of supplies
for the education of poor students who study in the Musawi (Jewish) schools in Hillah
males and females
As for ⟦the father of the endower's⟧ trusteeship, the trustee over the endowment has been appointed as both his two sons' brother Murad
the aforementioned, and his son (the endower's son) Salih ⟦the endower⟧, and after them to the eldest then the eldest of his children and the children of
his children and the children of my brother Menachem ⟦the endower⟧ and the male children of his children, and if (the endower) has no children
offspring, the trusteeship shall transfer to the Israelite Council in Hillah, and if the
trustee travels, he shall have someone to represent him; the second trustee shall decide on his behalf
the schools in Hillah, the yield of the endowment shall go to ⟦illegible⟧ and the necessary expenses shall be
spent in the Israelite schools in Baghdad instead of the schools in Hillah
⟦illegible⟧ 1328
Then follows ⟦the interest⟧ of the garden ⟦illegible⟧ the desire and the Pasha's permission for the aforementioned endowment
to be spent, after renovation and restoration, on the salaries of teachers and for the expenses of supplies for the education of poor students
who study in the Musawi schools in Hillah, males and females ⟦illegible⟧
Located in the city of Hillah, the aforementioned trustee ⟦illegible⟧
Page 40
Personal Status Court
in Adhamiya
Hujja Number - 28
Date - 7 / 2 / 1957
The Personal Status Judge in Adhamiya, Mr. Abdul Wahab Al-Khudhair, authorized to judge in the name of His
Majesty the King of Iraq ⟦Faisal⟧ II ⟦The Great⟧.
Based on the lawsuit held in this court, the lawyer Mr. Waheed Amjad Al-Zahawi, the general agent,
attended on behalf of his wife Sassoon Saleh Daniel, according to his general power of attorney certified by the Notary Public of North Baghdad
on 4 / 2 / 1957 under number 1731. He submitted a request dated 4 / 2 / 1957 including his request to appoint his client
as a trustee over the endowments (Awqaf) of her deceased father Sassoon Saleh Daniel, which were endowed according to the two endowment deeds issued
by the Sunni Sharia Court of Baghdad on 9 Jumada al-Akhira 1327 AH and 16 Jumada al-Akhira
1327 AH. And by the testimony of the two witnesses Mr. Abdul Razzaq Mubarak and Hussein Muhammad Ali that his aforementioned wife
is fit to undertake the trusteeship and capable of preserving and managing the endowed properties. Accordingly, and based on the foregoing, his wife
Sassoon Saleh Daniel has been appointed by Sharia law as a trustee over the endowments of her father Sassoon Saleh Daniel
mentioned in the two endowment deeds referred to above, and what occurred was recorded upon request. The fee was collected
amounting to five dinars and recorded under number 51 / 76 / 1956 and dated 6 / 2 / 1957.
⟦illegible handwriting⟧
Salem Hussein
First Clerk
⟦Signature⟧
Abdul Wahab Al-Khudhair
The Judge
⟦Revenue stamp with portrait of King Faisal II⟧
And based on the report signed by Mr. ⟦...⟧ Mr. Abdul Qadir
and Sassoon Abid and Murtada Janabi, Director of Lawi Company, and Abdul Khaliq Al-Saadoun
⟦...⟧ and Meir Basri and the Mukhtar of Al-Sinak neighborhood, Abdul Latif Salman.
The Judge
Page 41
Baghdad Civil Court
Personal Matters Court
Sequence: 234
Decision Date: July 28, 924
File: 201
The person named Sassoon Saleh Daniel, residing in the neighborhood of
Ras al-Qarya, one of the ⟦districts⟧ of Baghdad, appeared before this court, identified by the testimony of two witnesses: Huki Anbar Effendi
from Jadid Hassan Pasha neighborhood and Ibrahim Ishaq from Qanbar Ali neighborhood, and reiterated the contents of his petition
to this court dated July 6, 924, filed under dossier 201, saying: I, being of sound mind,
health, and full free will and consent, have removed from my ownership and established as a valid, legal, and perpetual endowment (waqf),
free from any invalidating conditions, the common shares of the two houses located in Taht al-Takiya neighborhood
in Baghdad, belonging to me. Regarding the first house, subdivided into three houses unofficially and numbered
42 / 44 / 115 and 35 / 118, with sequence number 81, bounded at the front by the public road
and bordered by the property of the owner 46 / 115 and bordered by the mosque sequence 167; on the right by the mosque sequence
167 and bordered by the house of Hesqel Effendi 1 / 116 and bordered by the house of the heirs of Hardon numbered 29 / 118; on the left
by the property of the owner 46 / 115 and bordered by the house of Yaqub Sabih 48 / 115 and bordered by the house of Shimon bin Rubil
41 / 118; at the back by the house of Murad 37 / 118 and bordered by the private road and bordered by the house of Shlomo Yamin
33 / 118 and bordered by the house of the heirs of Hardon 29 / 118.
The shares belonging to me in the house numbered
42 / 115, 44 / 115, and 35 / 118, which I wish to endow:
1- 2/5 of a share of 24/336 according to the Tapu deed dated June 923, No. 89
2- 100/1872 of a share of 21/48 according to the Tapu deed dated 923, No. 17
3- 2/5 of a share of 144/1872 from a share of 21/48 according to the Tapu deed dated 923
No. 17
4- And from the second house numbered 46 / 115 and with sequence number 84, bounded at the front
by the public road; on the right by the house of the owner 44 / 115 and the house of Yaqub Sabih 48 / 115;
and at the back by the house of Yaqub Sabih 48 / 115 and bordered by the house of the owner 44 / 115.
The shares belonging to me in the house numbered 46 / 115
which I wish to endow:
1- 2/5 of a share of 24/336 according to the Tapu deed dated June 923, No. 91
2- 100/1872 of a share of 21/48 according to the Tapu deed dated 923, No. 1
3- 2/5 of a share of 144/1872 from a share of 21/48 according to the Tapu deed
dated 923, No. 1. In this capacity, I have removed the aforementioned shares from my ownership and endowed them.
- To be continued -
Page 42
- 2 -
For the sake of Almighty God, I have appointed two persons as trustees: my brother Menachem Effendi's son, Ezra
Effendi, and Saleh Effendi Shlomo Abdullah. After them, the trusteeship shall pass to the eldest of my brother
Menachem Effendi's sons and his grandsons' sons, the males among them, as they multiply and succeed generation after generation and tier after
tier, jointly with the eldest of the sons of the second trustee, Saleh Effendi Shlomo Abdullah, and his grandsons' sons,
the males, as they succeed and multiply generation after generation and tier after tier. Upon the extinction of the lineage of one trustee,
the trusteeship shall be restricted to the second trustee or his representative. Upon the extinction of both lineages, the trusteeship shall then pass
to the Lay Council of the Israelite Community in Baghdad. If one of the trustees travels, he has
the right to authorize the second trustee or someone else in his place.
First:
I have removed all those shares from my ownership and endowed them to the (Gan Yeldim) school
founded by my brother Menachem Effendi and named after him, for the establishment and teaching of the children
of the Jews located in Baghdad or outside of it, in all the aforementioned houses or a portion of them according
to what the situation and time require, and that shall be by the opinion and discretion of the trustees. If there is a surplus of space in the houses,
the trustees are authorized to rent them at the market rate, and from the revenue obtained, the
Werko (property tax) shall be paid to the government. From the surplus, ten percent shall be given to the trustees in exchange for their services and what is due to them
from the mentioned endowment for collecting and gathering revenues, overseeing repairs and restorations as necessary, spending
revenues on the specified purposes, keeping records, and in short, everything that leads to the benefit of
the mentioned endowment. After that, it shall be spent on the specific repairs and restoration of the mentioned endowed property.
If the revenue is insufficient to cover the needs of the mentioned school for the security and teaching
of the children of the poor who attend it, and if after that there is a surplus of revenue, it shall be spent
on charities and benevolent works as determined by the trustees.
Second:
If after this, my brother Menachem Effendi designates a location other than the houses mentioned above to house
the students of the mentioned school, then the endowed shares ⟦and listed⟧ above shall be rented at the market rate as determined by
the trustees, and the revenue obtained shall be spent ⟦within⟧ and according to the conditions listed above. After the present
trustees, those who represent them must submit an annual account to the board
of management of the (Gan Yeldim) school named after my brother Menachem Effendi, and a copy of it to the Lay
Council of the Jewish Community in Baghdad.
Third:
I have authorized the trustees to change and exchange the common shares of the properties mentioned
above and replace them with others if they are more beneficial to the endowment or if they are more suitable to be used as a school
according to the terms of this endowment deed.
- To be continued -
Page 43
- 3 -
Fourth
I have authorized the two trustees, if they see it in the interest of the waqf, to purchase properties from the neighborhood of the mentioned house
or from outside it, using the surplus of revenues and attaching them to the mentioned waqf enclosed and within the conditions
included in the notification of this waqf deed.
Upon inquiry from the Land Registry Department (Tabu) according to the written addendum issued under number 3749
dated July 12, 924, that the Imperial title deeds declaring the ownership of shares in the two houses located
in the Taht al-Takiyya neighborhood, when compared with the presented document, proved to be matching its records and are neither mortgaged nor seized.
After reviewing the conditions of the aforementioned waqf, they appeared to be in accordance with the Sharia rulings for waqf, and therefore
the validity of the mentioned waqf was ruled upon, along with its binding implementation, and it was entered into the court register under number 201, and this
waqf deed was issued, and notification was sent to the Baghdad Land Registry Department for registration, and that was on the twenty-sixth
of the month of Dhu al-Hijjah 1342, corresponding to the twenty-eighth day of July 1924.
The Judge
Page 44
Baghdad Court of First Instance:
Case Number: 87 Personal 58
Date: 8 / 4 / 1958
Judge: Mr. Sader Haidar
Mr. Farid Dawood Samra, Chairman of the Administrative Committee of the Jewish Community in Baghdad,
acting in place of the Lay Council of the aforementioned community in his capacity as the trustee (Mutawalli) of the Ezra Menachem Daniel Endowment, known
by the name of Heskel Menachem Daniel Endowments, petitioned the court on 31 / 3 / 1958, stating that the trustee has in hand
yield from the endowment under his trusteeship, known as the Heskel Menachem Daniel Endowment, and that the Administrative Committee has decided
to purchase a property in exchange for this yield, which is the property sequence plot 6/149, District No. 11, Hamdi
Al-Pachachi Farm, Al-Waziriyah. He requested permission to purchase. Accordingly, the court conducted the following:
1 - The court reviewed the trusteeship deed issued by this court under case 48 / Sh / 55
dated 4 / 9 / 55, which confirmed that the Administrative Committee is the trustee of the Ezra Menachem Daniel Endowment
known as the Heskel Daniel Endowments, established by the deed issued by this court under case 134 / 44 Sh
dated 10 / 9 / 44, and that the petitioner is the chairman of the aforementioned committee.
2 - The court reviewed the endowment deed (Waqfiyah) issued by this court under number 134 / 44 dated
10 / 9 / 44, which confirmed that the founder (Waqif) Ezra Menachem Daniel authorized the trustee to purchase from the yield
other properties for investment purposes or for the purpose of establishing a school on them and incorporating them into the endowment under the same conditions listed in
the endowment deed.
3 - The court heard personal evidence consisting of the testimony of both Alwan Mahmoud and Isaac
Ezra, which confirmed that purchasing a property for the endowment from the yield held by the trustee is more appropriate and beneficial for the endowment.
4 - The court conducted an inspection of the site of the property intended for purchase, numbered sequence plot 6/149, District
11, Al-Waziriyah, Hamdi Al-Pachachi Farm. It was revealed to be a plot of land with an area of (798.75) square meters,
located next to the Frank Iny School in Al-Alwiyah. The two experts elected by this court explained that purchasing
this plot based on a price per square meter of (4.750) four Dinars and seven hundred fifty Fils
is in the interest of the endowment because this value is considered a moderate price relative to this day, the location, and all other considerations.
Decision:
Based on the request of the petitioner, the trustee of the Ezra Menachem Daniel Endowment, known as the Heskel
Menachem Daniel Endowment, and since the existence of yield for the aforementioned endowment in the hands of the trustee has been verified, and in implementation of the founder's wish and the endowment conditions regarding
purchasing a property from the endowment yield, and since the legal reason that purchasing a property for the endowment from the yield is more beneficial and appropriate
for the endowment has been verified, and according to the inspection conducted on the property requested for purchase, it is hereby decided to grant permission to the trustee of the Ezra Menachem
Daniel Endowment, Chairman of the Administrative Committee of the Jewish Community acting in place of the Lay Council of the aforementioned community.
⟦Baghdad Court of First Instance⟧
Page 45
⟦The Sharia House⟧
Baghdad Court of First Instance
Case Number - 81 / Sharia / 944
By reviewing the Land Registry Office and other departments to purchase the property numbered - serial plot 149 / 6, district 11
Waziriyah, Hamdi al-Pachachi farm, and adding it and attaching it to the aforementioned endowment under the same conditions listed in the endowment deed
Issued by this court in case 134 / 44 Sh, dated 10 / 9 / 944, and naming it in the name of
Heskel Menahem Daniel Endowment, so that it becomes part of the endowment established by the aforementioned deed, and I authorized him to perform
all the ceremonies regarding the purchase, provided that the purchase price of this ⟦amount⟧ does not exceed (4/750) four
dinars and seven hundred and fifty fils (per square meter). And provided that he notifies this court of the
aforementioned procedures, and this deed was issued on 8 / 4 / 1958
⟦signature⟧
The Judge
⟦Abbas⟧ Haidar
⟦circular ink stamp⟧
50 fils
⟦faint circular stamp⟧
⟦faint circular stamp⟧
Page 46
Baghdad Court of First Instance
Personal Matters
Case Number: 83 Personal
Date: 4/8/1958
Judge Mr. Sadiq Haider
Mr. Farid Daoud Samra, Chairman of the Administrative Committee of the Jewish Community in Baghdad, acting in place of
the Community Council of the aforementioned community, in his capacity as the trustee of the Ezra Menachem Daniel Endowment, approached this court with his petition dated 3/31/1958
stating that the trustee has in his possession revenue from the endowment under his trusteeship and that the Administrative Committee decided to purchase a property in exchange for this
revenue, which is the property sequence plot 141/6 of District 11 Waziriya, Hamdi Al-Pachachi farm, and requested that he be granted permission
to purchase.
Accordingly, the court took the following actions:
1 - I reviewed the deed of trusteeship numbered 41/Sh/55 dated 7/2/55, which confirmed that
the Administrative Committee is the trustee of the Ezra Menachem Daniel endowment, dedicated by the deed issued by this court
under number 33/45 Sharia, dated 2/25/45, and that the petitioner is the chairman of the committee.
2 - The court reviewed the endowment deed issued by this court under number 33/45 Sharia, dated 2/26/
45, which confirmed that the endower Ezra Menachem Daniel, in the conditions of his endowment, permitted the trustee to purchase
properties for the endowment and attach them to it under the same conditions listed in the endowment deed.
3 - The court heard personal evidence consisting of the testimonies of Alwan Mahmoud and Isaac Ezra, which confirmed
that purchasing a property for the endowment from the revenue held by the trustee is more beneficial and profitable for the endowment.
4 - The court conducted an inspection of the site of the property to be purchased, numbered plot 141/6, District 11
Waziriya, Hamdi Al-Pachachi farm, and it was found to be a piece of land with an area of (829/25) square meters
located next to the Frank Iny School in Alwiyah. The two experts selected by this court indicated that in
purchasing this plot on the basis of the value per square meter at (4/750) four dinars and seven hundred
and fifty fils) is in the interest of the endowment because this value is considered a reasonable price for this day, location,
and all other considerations.
Decision
Based on the request of the petitioner, the trustee of the Ezra Menachem Daniel endowment, and the verification of the existence of revenue for the
aforementioned endowment in the hands of the trustee, and in implementation of the endower's desire and the endowment conditions regarding purchasing property from the endowment revenue, and verifying
the legal reason that purchasing property for the endowment from the revenue is more beneficial and better for the endowment, and based on the current inspection of
the property to be purchased, it has been decided hereby to grant permission to the trustee of the Ezra Menachem Daniel endowment, the Chairman of the Administrative
Committee of the Jewish Community acting in place of the Community Council of the aforementioned community, to approach the
Land Registry Office and other departments to purchase the property numbered sequence plot 141/6, District 11 Waziriya, the farm of
Hamdi Al-Pachachi, and to add it and attach it to the aforementioned endowment under the same conditions listed in the endowment deed issued
by this court under number 33/45 and dated 2/25/45, so that it becomes part of the dedicated endowments.
Judge
Sadiq Haider
Baghdad Court of First Instance
Baghdad
Ministry of Justice
Page 47
Personal Status Matters
Baghdad Court of First Instance
Case Number - 83 / Personal Status 99
- 2 -
With the aforementioned legal argument, and it authorized him to carry out all the ceremonies related to the purchase, provided that the purchase price of this property does not exceed
(4.750) four dinars and seven hundred and fifty fils per square meter, provided that this court is notified
of the mentioned procedures.
This legal document was issued on 4/8/1958
Judge
Sadiq Haidar
50 fils
A true copy of the original
Personal Status Court in Baghdad
Head of Clerks
⟦illegible signature⟧
Personal Status Court in Baghdad
Personal Status Court in Baghdad
Page 48
Baghdad Court of First Instance
Case Number - 82 / Personal / 1958
Date: 8 / 4 / 1958
Judge: Mr. Sadiq Haidar
Mr. Farid Daoud Samra, President of the Administrative Committee of the Israeli Community
in Baghdad, acting as the Gismany Council for the aforementioned community in his capacity as the trustee of the Ezra Menachem
Daniel Endowment, appeared before this court with his petition dated 31 / 3 / 1958, stating that the endowed property Sequence 42 / 21 Bataween,
which is under the hand of the trustee, has been expropriated and that its expropriation compensation is now under the hand of the trustee, and that the
Administrative Committee decided to purchase a property in lieu of this expropriated property, which is property Sequence 150 / 6, District No.
11, Hamdi al-Pachachi Farm, Waziriyah, and requested permission to purchase. Based on this, the court conducted
the following:
1 - Reviewed the guardianship deed numbered Case 41 / Sh / 55 dated 28 / 7 / 55,
which confirmed that the Administrative Committee is the trustee of the Ezra Menachem Daniel Endowment, which was endowed by the deed
issued by this court in Case 33 / 45 Sh dated 25 / 2 / 45, and that the petitioner is the
president of the aforementioned committee.
2 - The court reviewed the endowment deed issued by this court in Case 33 / 45 Sh
dated 25 / 2 / 45 and its annex also dated 25 / 2 / 45, which confirmed that property
Sequence 42 / 21 is among the endowments of Ezra Menachem Daniel, and that the aforementioned endower, in the terms of
his endowment, permitted the trustee to purchase properties for the endowment and attach them to it under the same conditions listed in the deed.
3 - Heard the personal testimony consisting of the statements of Alwan Mahmoud and Ishaq Ezra,
which confirmed that the endowed property Sequence 42 / 21 Bataween was expropriated by the
Sewage Authority in the capital's secretariat, and that its expropriation compensation is under the hand of the trustee, and that purchasing a property for the endowment in lieu
of the expropriated property is more beneficial and appropriate for the endowment.
4 - The court conducted an inspection of the site of the property intended for purchase, numbered sequence plot 150 / 6,
District 11, Hamdi al-Pachachi Farm, Waziriyah, and it appeared to be a piece of land with an area of (25 / 829)
square meters located next to the Frank Iny School in Alwiyah. The two experts elected by this court stated
that purchasing this plot based on a value of (4.750) four dinars and seven hundred
and fifty fils per square meter is in the interest of the endowment because this value is considered a reasonable price for today, the location,
and all other considerations.
The Decision:
Based on the request of the petitioner, the trustee of the Ezra Menachem Endowment, and because the expropriation compensation
for the endowed property Sequence 42 / 21 Bataween is confirmed to be under the hand of the trustee, and in implementation of the endower's wishes and the terms of the endowment,
and because the legal reason has been established that purchasing a property for the endowment from the expropriation compensation is more beneficial and appropriate for the endowment, and following the
inspection carried out on the property requested for purchase, it has been decided hereby to grant permission to the trustee of the Ezra Menachem Daniel Endowment, President
⟦illegible⟧
Baghdad Court of First Instance
Upon deletion
Baghdad Court of First Instance
Page 49
2
⟦Personal First⟧
Baghdad Court of First Instance
File No. - 84 / Personal / 1958
The Administrative Committee of the Israeli Community, acting in the capacity of the Communal Council of the said community, by visiting the
Land Registry and other departments to purchase the property numbered plot sequence 6/150, District 11 Waziriya, Farm of
Hamdi Al-Pachachi, and adding it and attaching it to the mentioned endowment under the same conditions listed in the endowment deed issued
by this court under file 33 / 45 Sh and dated 2/25/45 and its annex dated 2/25/945
so that it becomes part of the endowments dedicated by the aforementioned deed, and I have authorized it to carry out all the special ceremonies
for the purchase, provided that the purchase price of this property does not exceed (4/750 four dinars and seven hundred and fifty fils)
per square meter. And that this court be notified of the mentioned procedures, and this deed was issued
on 4/8/1958.
⟦signature⟧
The Judge
Baghdad Court of First Instance
⟦Sadiq Haidar⟧
50 fils
⟦illegible⟧