AI en Translation, Pages 51-75
Page 51
Court of First Instance: Baghdad
File Number: 84 Personal / 958
Date: 8 / 4 / 958
Judge: Mr. Sadiq Haydar
Mr. Farid Daoud Samra, President of the Administrative Committee for the Jewish Community in Baghdad,
acting in the capacity of the Lay Council for the aforementioned community in his capacity as the trustee of the Ezra Menahem Daniel Endowment, approached this court with his petition
dated 31 / 3 / 58, stating that the trustee holds revenue from the endowment under his trusteeship, and that there is
also compensation for the expropriation of the endowed property, sequence 42 / 21 Bataween, and that the Administrative Committee decided to purchase
the property sequence plot 140 / 6, district 11, Hamdi Al-Pachachi Farm, Al-Waziriya, and requested permission
to purchase.
Accordingly, the court proceeded as follows:
1 - It reviewed the trusteeship deed issued by this court under file 41 / Sh / 55 dated
28 / 7 / 55, which confirmed that the Administrative Committee is the trustee of the Ezra Menahem Daniel Endowment,
endowed by the deed issued by this court under file 33 / 45 Sh and dated 25 / 2 / 1945
and its supplement dated 25 / 2 / 45, and that the petitioner is the president of the aforementioned committee.
2 - The court reviewed the endowment deed No. 33 / 45 Sh dated 25 / 2 / 45 and its supplement
dated 25 / 2 / 45, which confirmed that the property sequence 42 / 21 Bataween is among the endowments of
Ezra Menahem Daniel, and that the aforementioned endower, by the terms of his endowment, had authorized 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 testimony of Alwan Mahmoud and Isaac
Ezra, which confirmed that the endowed property sequence 42 / 21 Bataween had been expropriated by the Sewerage Authority
in the Capital Municipality, and that purchasing a property for the endowment using the expropriation compensation ⟦and from⟧ the endowment revenue instead 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 140 / 6,
district 11, Hamdi Al-Pachachi Farm, Al-Waziriya, and it was found to be a plot of land with an area of (75 / 798)
square meters located next to the Frank Iny School in Al-Alwiyah. The two experts elected by this court stated
that purchasing this plot on the basis of the price 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 moderate price for this day, location,
and all other considerations.
Decision: Based on the request of the petitioner, the trustee of the Ezra Menahem Daniel Endowment, and because of the verification of the existence of compensation
for the expropriation of the endowed property sequence 42 / 21 Bataween and revenue for the aforementioned endowment held by the trustee, and in implementation
of the endower's desire and the endowment conditions, and because the legal reason has been verified that purchasing a property for the endowment from the expropriation compensation
and from the revenue 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 Menahem Daniel Endowment, as President of the Administrative Committee for the Jewish Community in Baghdad.
⟦Baghdad Court of First Instance⟧
Page 52
⟦Legal Papers⟧
Baghdad Court of First Instance
File Number - 84 / Sharia / 958
Acting on behalf of the Physical Council of the mentioned sect by reviewing the Land Registry Office and other departments to purchase
the property numbered sequence plot 6/140, District 11, Al-Waziriyah, Hamdi Al-Pachachi farm, and adding it
and attaching it to the mentioned endowment under the same conditions listed in the endowment deed issued by this court in file
33 / 45 Sh dated 2/25/45 and its annex dated 2/25/45 so that it becomes part of the endowments
endowed by the aforementioned deed, and she/he was authorized to carry out all the special ceremonies for its 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
one, and provided that this court is notified of the mentioned procedures. This deed was issued on 4/8/58
⟦signature⟧
The Judge
Abdul Razzaq Haidar
Baghdad Court of First Instance
Abdul Razzaq Haidar
50 Fils
Kingdom of Iraq
958
Page 53
Personal Matters Court in Al-Adhamiya
Deed Number - 108
Date - 6 / 5 / 958
The Judge of Personal Matters, Mr. Abdul Rahman Al-Khudair, authorized to judge in the name of His Majesty the King of Iraq ⟦registered⟧
as ⟦follows⟧.
The President of the Administrative Committee for the Jewish Community in Baghdad submitted a request stating that the endower, Sassoon Saleh Daniel, had endowed
the properties belonging to him located in the Al-Qasab neighborhood in Souq Al-Toubaj in Al-Hindiya district, the details of which are set forth in the two endowment deeds -
issued by the Sharia Court in Baghdad dated 9 and 16 Jumada Al-Awwal 1337 AH, numbered 61 and 77, and he had assigned
the custodianship of this endowment to each of his nephew Ezra Menachem Effendi and his son Saleh Effendi, and after them to the eldest of
his children and his male grandchildren, and if neither he nor his brother had offspring, the custodianship would transfer to the Jewish Communal Council in Hillah.
And as the custodian Saleh Effendi has died and the custodianship was limited to the other custodian, Ezra Menachem Effendi, and he also has died without -
offspring, and that the eldest son of the endower, Khadhuri Effendi (nicknamed Frederick), has been absent from Iraq for many years and has not obtained
custodianship for himself for this endowment. Since there is no longer a presence of the Jewish Communal Council in Hillah, to which custodianship was entrusted
in the absence of offspring for the aforementioned custodians, Ezra Menachem and Saleh son of the endower, the endowment has remained neglected and the custodianship vacant.
In view of paragraph 6 of Article 21 of the Jewish Community Regulation No. 36 of 1931, which stipulates that endowments for which a custodian cannot
be appointed according to the conditions of their endower shall be among the functions of the Lay Council of the Jewish Community in Baghdad, and that the
Administrative Committee for the Jewish Community in Baghdad is acting in the place of the Lay Council of the aforementioned community, therefore he requests the issuance -
of a deed appointing the Administrative Committee to be the custodian over the mentioned endowment. Based on the mentioned request and after reviewing the two types of
endowment issued by the Sharia Court in Baghdad under numbers 61 and 77 and dated 9 and 16 Jumada Al-Awwal for the year 1337 AH, it appeared
that the endower, according to the two aforementioned deeds, had stipulated custodianship for his son Saleh and his nephew named Ezra Menachem Daniel,
and after them to the eldest of his children jointly with the eldest of the children of his aforementioned nephew, and upon the extinction of the offspring of one of the two custodians, the
custodianship is limited to the second custodian or whoever stands in his place, and upon the extinction of both lineages, the custodianship transfers to the Lay Council. It appeared
to the court from the two presented inheritance records that the endower died in the year 1936 and that his eldest son is the one named Khadhuri (nicknamed
Frederick), who has been living outside Iraq for a long time. Since the custodians Saleh and Ezra Menachem have died without offspring,
and since the endower had stipulated the transfer of custodianship upon the extinction of the two lineages to the Lay Council, the court reviewed
a copy of the Ministry of Justice order number 1944 dated 24 / 11 / 953, which includes the formation of a committee to carry out the administration of what was entrusted to the
Lay Council to perform. And in view of the copy of the Jewish Community's letter numbered T/3240/53 and dated 30 / 11 / 953
addressed to the Ministry of Justice, which includes the election of Farid Daoud Samra as President of the Committee. Therefore, and for the foregoing, it was decided to appoint the Administrative Committee
acting in the place of the Lay Council of the Jewish Community in Baghdad as temporary custodian over the endowment referred to in the two endowment deeds numbered
61 and 77 and dated 9 and 16 Jumada Al-Awwal 1337 AH until the person entitled to custodianship by condition applies and the deed is issued
for his custodianship. The fee of five dinars was collected and registered under number 6/21647 dated 30 / 4 / 958.
Salim Hussein
First Clerk
Abdul Rahman Al-Khudair
Judge of Personal Matters in Al-Adhamiya
50 Fils
Page 54
Personal Status Court in Adhamiyah
Deed Number 108
Date May 6, 1958
The Personal Status Judge, Mr. Abdul Rahman Al-Khudeir, authorized to adjudicate in the name of His Majesty the Great King, in the register
the following:
The Chairman of the Administrative Committee of the Israelite Community in Baghdad submitted a request stating that the endower Sasson Saleh Daniel had endowed
the properties belonging to him located in the Al-Qash neighborhood in Souq Al-Tuwayrij in the sub-district of Al-Hindiya, the details of which are set out in the two endowment deeds
issued by the Sharia Court in Baghdad dated 9 and 16 Jumada al-Ula 1337 AH and numbered 61 and 77, and he had established
the guardianship over this endowment to each of his nephew Ezra Menachem Effendi and his son Saleh Effendi, and after them to the eldest of
his children and his male grandchildren, and if neither he nor his brother had offspring, the guardianship shall transfer to the Israelite Community Council in Al-Hilla.
And the guardian Saleh Effendi has passed away, and the guardianship was limited to the other guardian Ezra Menachem Effendi, and he also passed away without
offspring, and the eldest son of the endower, who is Khedouri Effendi (nicknamed Afodrik), has been absent from Iraq for many years and has not obtained
a guardianship for himself for this endowment. Since a system regarding the existence of the Israelite Community Council in Al-Hilla, to which guardianship was entrusted
in the absence of offspring for the aforementioned guardians Ezra Menachem and Saleh son of the endower, has not been established, the endowment remained neglected and the guardianship vacant.
And in view of paragraph 6 of Article 21 of the Israelite Community Regulation No. 36 of 1931, which stipulates that endowments for which
a guardian cannot be appointed according to the conditions of their endower shall be among the duties of the Lay Council of the Israelite Community in Baghdad, and as the
Administrative Committee of the Israelite Community in Baghdad is acting in place of the Lay Council of the said community, he therefore requests the issuance
of a deed appointing the Administrative Committee to be the guardian over the mentioned endowment. Based on the mentioned request and after reviewing the two
endowment deeds issued by the Sharia Court in Baghdad under numbers 61 and 77 dated 9 and 16 Jumada al-Ula for the year 1337 AH, it appeared
that the endower, according to the two referred deeds, had stipulated the guardianship for his son Saleh and his nephew named Ezra Menachem Daniel
and after them to the eldest of his children jointly with the eldest of the children of his mentioned nephew, and upon the extinction of the offspring of one of the two guardians, the
guardianship is limited to the second guardian or whoever takes his place, and upon the extinction of both lineages, the guardianship transfers to the Lay Council. It appeared
to the court from the probate records that the endower passed away in the year 1936 and that his eldest son is the one named Khedouri (nicknamed
Fodrik) who has been living outside Iraq for a long time. Since the two guardians Saleh and Ezra Menachem have died without offspring,
and since the endower had stipulated the transfer of guardianship upon the extinction of the two lineages to the Lay Council, and the court has reviewed
a copy of the Ministry of Justice order number 1944 dated November 24, 1953, which includes the formation of a committee to manage what was entrusted to the
Lay Council to perform, and in view of the copy of the letter from the Israelite Community numbered T / 2240 / 53 dated November 30, 1953,
addressed to the Ministry of Justice, which includes the election of Farid Dawood Samouh as Chairman of the committee, therefore, and for what has been presented, it was decided to appoint the Administrative Committee
acting in place of the Lay Council of the Israelite Community in Baghdad as a temporary guardian over the endowment referred to in the two deeds numbered
61 and 77 and dated 9 and 16 Jumada al-Ula 1337 AH until the one for whom guardianship was stipulated applies and the deed for his guardianship
is issued. The fee of five dinars was collected and registered under number 6 / 21647 dated April 30, 1958.
Salim Hussein
First Clerk
Abdul Rahman Al-Khudeir
Personal Status Judge in Adhamiyah
⟦stamp with portrait of King Faisal II⟧
50 Fils
May 2, 1958
Page 56
120
Regarding the estate of the late Daniel
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Number
61
In the Council of the Noble Sharia convened at the Sharia Court in the city of Baghdad, there appeared the sane and
mature man, Sassoon Effendi son of Saleh Effendi Daniel, residing in the Ras al-Qariya neighborhood, one of the neighborhoods of
Baghdad, and brought with him, for the purpose of registration, the trustee, his nephew Ezra Effendi son of Menahem Effendi son of Saleh
Effendi Daniel, aforementioned, residing in the aforementioned neighborhood, and declared saying: In my full health, volition, choice,
and maturity, I declare a valid Sharia declaration, free from compulsion and coercion, that I have endowed, sequestered, and eternalized, seeking
the pleasure of God Almighty, what is my property and under my disposal and possession until the issuance of this endowment from me, namely
two-thirds of all the ⟦...⟧ properties located in the Al-Qasab neighborhood in the Tuwayrij market in the town of Al-Hindiya, which are the shops
bounded on two sides by the property of the bankrupts, by the shop of Ali, and by the public road; and the shop bounded on
two sides by the property of the bankrupts, by the shop of Muhammad al-Habib, and by the Tuwayrij market; and the shop bounded by the shop of Ambar,
by the shop of Hajj Ibrahim, by the vacant land belonging to the bankrupts, and by the public road; and the shop bounded
by the shop of Ambar, by the lands belonging to the bankrupts, by the shop belonging to the wife of Abu al-Fadil, and by the public road;
and the vacant lot bounded by the Tuwayrij market, by the Qaysariyya market belonging to the bankrupts, and by the public road;
and the Qaysariyya containing sixteen shops, bounded by Helwa Abu Hawi, the public road, and the lands belonging
to the bankrupts, by the shop of Hajj Awda, and by the Tuwayrij market, according to the Khaqani deeds all dated in
June of the year one thousand three hundred and one, and numbered fifth, ninth, eleventh, fourth, and seventh,
which at present the lot and the Qaysariyya have been built into a khan and eleven shops; and the shop bounded from the right
and the rear by the ruin of Menahem Saleh Effendi, from the left by the shop of Jassim bin Muhammad, and from the front by the public
road, according to the Khaqani deed dated in July of the year one thousand three hundred and twenty-seven, numbered second;
and the shop bounded from the front and left by the public road, from the right by the property owner, and from the rear
by the pier of Menahem Saleh Effendi, according to the Khaqani deed dated in August of the year one thousand three hundred and twenty-
eight, numbered second, and at present it has been built and made into shops; and the shop bounded on the right by the property of David
bin Abdul Nabi, on the left by the shops of Menahem Saleh Effendi, on the rear by the pier of Saleh bin Abdullah,
and from the front by the public road, according to the Khaqani deed dated in September of the year one thousand three hundred and twenty-
nine, numbered fourth, according to the Sharia Deed of Gift issued by this court dated the ninth day
of Jumada al-Awwal of the year one thousand three hundred and thirty-seven AH, as a valid, Sharia, eternal endowment and an explicit sequestration,
perpetual until the end of times and the management of the two worlds, on the condition that the aforementioned properties be leased for a fair rent through
the trustee, and the amount obtained from the lease shall be given first for the necessary construction and renovation, and after that
salaries shall be given to the teachers and expenses for the instruction and education of poor students who attend the Musawiya schools
in Hillah, both male and female. I have appointed as the trustee of the aforementioned endowment my aforementioned nephew Ezra Effendi
and my son Saleh Effendi, and after them the eldest of my children and my male grandchildren as they reproduce
and succeed each other, and the children of my brother Menahem Effendi and his male grandchildren as they reproduce. If neither I nor my brother have male
offspring, God forbid, then the trusteeship shall transfer to the Council of the Israeli community in Hillah. And if one travels
- to be continued -
⟦illegible⟧
Page 59
- 2 -
The two trustees shall have the right to authorize the second or others in their stead. If the schools in Al-Hillah are abolished,
then the revenue of the endowment shall be directed to the teaching and education of the poor children of the Mosaic faith who are in the
Israeli schools in Baghdad. When the matter of this endowment was completed and became binding containing these written conditions, and it was delivered
to the appointed trustee for registration, Ezra Effendi, the aforementioned, he managed it for a ⟦long⟧ period of time.
Among the trustees, the endower rescinded the endowment, wanting to return it to his ownership, arguing its lack of necessity
according to the saying of the two Imams, may God Almighty have mercy on them. They litigated before the judge whose name is signed at the top of the book for a long time
and a good return. The aforementioned judge, may God bestow His blessings upon him, saw the side of the endowment and its necessity in its specificity
and generality, favoring the side of the endowment, knowing the existing disagreement between the Islamic Imams. After the decisive ruling
of the dispute, the endowment was completed and became binding, so it shall not be diminished, nullified, changed, altered, sold, gifted, or mortgaged. Written
on the ninth day of Jumada al-Ula for the year one thousand three hundred and thirty-seven Hijri.
⟦illegible⟧
The Sharia Court in Baghdad
The Sharia Court - Baghdad
Sasson Effendi appeared before the noble Sharia council held at the Sharia Court in the city of Baghdad,
son of Salih Effendi Daniel, residing in Ras al-Qarya neighborhood in Baghdad. He stated, saying: Before this, I have endowed
the known properties recorded in the two endowment deeds issued by this court dated the ninth
and the sixteenth of Jumada al-Ula for the year one thousand three hundred and thirty-seven. I authorized therein the two trustees,
my son Salih Effendi and my nephew Menachem Effendi's son, Ezra Effendi, and whoever takes charge after them, to spend the revenue,
after reconstruction and restoration, for the salaries of teachers and the expense of teaching and educating the poor students who
attend the Mosaic schools in the town of Al-Hillah, males and females. Since these conditions restrict the authority
of the mentioned trustees to the mentioned schools only, I have deemed it appropriate to expand their authority and permission whenever they see
it fit, to spend a portion of the revenue on the reconstruction of the mentioned schools and other aspects of
charity and good deeds. They are also authorized to do what they see fit in terms of changing and replacing the structure of the endowed properties
or exchanging them for another property that is more beneficial to the endowment, more appropriate, more productive, and more useful for preservation. 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.
⟦illegible⟧
⟦illegible⟧
50 fils
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Copy
Baghdad Court of First Instance - Personal Matters
Judge - Mr. Sadiq Haidar
File Number 31/Sh/1956
Date 14/2/1956
Mr. Farid Dawood Samra, in his capacity as Chairman of the Administrative Committee of the Jewish Community in Baghdad
(Acting on behalf of the Lay Council of the aforementioned community), submitted a petition stating that this court had
issued the deed numbered 156 and dated June 3, 1924, which includes the confirmation of the endowment of Sasson Saleh Daniel -
his undivided half-share of the pharmacy numbered 246/158 located in the Souq al-Ghazal neighborhood on Souq al-Attarin Avenue
for the soul of his son Saleh Sasson Daniel according to the conditions set forth therein. Regarding the trusteeship, he assigned the trusteeship
to himself and to his nephew, Menahem Effendi Saleh Daniel, who is (Ezra Effendi), and after them, the trusteeship shall pass to
the eldest of the male children and grandchildren of the endower, jointly with the eldest of the male children and grandchildren of his brother Menahem Effendi.
Upon the extinction of the lineage of one of the two trustees, the trusteeship shall be restricted to the second trustee or whoever takes his place.
And upon the extinction of both lineages, the trusteeship shall pass to the Lay Council of the Jewish Community in Baghdad.
And whereas the first trustee, who is the endower Sasson Saleh Daniel, passed away in the year 1936, the trusteeship was restricted
to the second trustee, Ezra Menahem Daniel. The latter also passed away in the year 1952. Since ⟦after⟧
the death of the aforementioned trustees, the endowment has remained without a trustee, as the eldest son of the endower Sasson Saleh Daniel,
namely Khedhouri, nicknamed (Frederick), has been absent from Iraq for many years and did not obtain the trusteeship of this endowment,
and as the other trustee Ezra Menahem Daniel died without offspring, and pursuant to Paragraph (1) of Article 21 of
the Regulations of the Jewish Community, he requests the issuance of a legal deed appointing the Administrative Committee as the trustee of the mentioned
endowment.
Based on this request, the court has reviewed:
1 - A certified copy of the endowment deed issued under number 156 and dated June 3, 1924, confirming
the validity of the endowment of Sasson Effendi Saleh Daniel for the half-share of the pharmacy numbered by door number 246/158 located
in the Souq al-Ghazal neighborhood on Souq al-Attarin Avenue, described according to the Land Registry deed dated January 923 permanent
sequence 35. It appears from this deed that the beneficiary of the endowment is for the repose of the soul of his deceased son Saleh
Sasson Daniel. As for the trusteeship, it appears that the endower conditioned the trusteeship to be for himself and for his
nephew Menahem Effendi bin Saleh Daniel (who is Ezra Effendi), and after them, the trusteeship shall pass to the eldest of
his children (the endower's children) and his male grandchildren jointly with the eldest of the children of his brother Menahem and his male grandchildren.
Upon the extinction of the lineage of one of the two trustees, the trusteeship shall be restricted to the second trustee or whoever takes his place, and upon
the extinction of both lineages, the trusteeship shall pass to the Lay Council of the Jewish Community in Baghdad.
2 - The court heard the testimony of both witnesses, Meir Dangoor and Ishaq Ezra, who confirmed
the death of the endower Sasson Saleh Daniel on December 7, 936, and the death of Ezra Menahem Daniel on 3/3/1952,
and that the eldest son of the endower Sasson is Khedhouri, nicknamed (Frederick), and that the latter resides permanently
outside of Iraq for a long time, and this endowment is currently without a trustee to oversee
its interests.
3 - It reviewed the Sharia distribution of estate numbered 196/1936 and dated 27/12/1936 regarding
limiting the inheritance of the endower Sasson Saleh Daniel, who died on 7/12/936, and it appeared that his inheritance is limited to his wife
Page 61
— 2 —
by his wife and his two eldest sons Khedhouri (nicknamed Frederick) and Salim and his eldest daughter Regina
and the Sharia inheritance certificate No. 24 / 52 19 dated 21 / 4 / 1953 regarding the determination of the inheritance of the deceased Ezra Menachem
Daniel, whose death occurred on 3 / 3 / 1953, and it was revealed that his inheritance is limited to the two sons of
his aforementioned uncle, Khedhouri (nicknamed Frederick) and Salim, the sons of Sassoon Saleh Daniel.
4 — The court personally inspected the endowed property and found that it is used as a loft and occupied by
a tenant and that it is without a trustee.
5 — The court reviewed a copy of the Ministry of Justice order No.
1944 and dated 24 / 11 / 1953, which includes the formation of a management committee to carry out
the management of what the council was entrusted with, including
the petitioner Farid Daoud Samra, and a copy of the letter from the Jewish community No. TM / 3240
dated 30 / 11 / 1953 addressed to the Ministry of Justice, which includes the election of
the aforementioned as chairman of the committee.
The Decision
Since it has been verified to the court from the endowment deed issued under file number 156
dated 3 / June / 1934 that the endower, according to the referred deed, stipulated the trusteeship
for himself and for his nephew named Ezra Menachem Daniel, and after them to the eldest of
his children jointly with the eldest of the children of his aforementioned nephew, and upon the extinction of the lineage of one of the two trustees,
the trusteeship is restricted to the second trustee or whoever takes his place, and upon the extinction of both lineages, the trusteeship
transfers to the Lay Council.
And since it has been verified to the court from the two Sharia inheritance certificates and the heard testimony that the aforementioned
endower died in the year 1936 and that his eldest son is the one named Khedhouri nicknamed Frederick
who lives permanently outside Iraq, and that the second trustee Ezra Menachem Daniel has died
without offspring and his lineage has ended, thus the trusteeship becomes restricted to the aforementioned Khedhouri
son of the endower Sassoon Saleh Daniel, who is outside Iraq.
And since it has been revealed from the court's inspection and from what was mentioned above
which implies that the aforementioned endowment is effectively vacant of trusteeship and that
it is not in the interest of the endowment to remain without a trustee over it.
And since the endower stipulated the transfer of trusteeship upon the extinction of both lineages to the Lay Council
of the community, he has thus preferred the Lay Council over ⟦himself⟧ others.
And since the endowment requires the appointment of a trustee until the arrival of the person for whom trusteeship was stipulated
and his application, and for the mentioned reasons, and since paragraph (1) of Article (21) of the Regulation
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- 3 -
The Israelite community decrees that the administration of endowments for which a trustee cannot be appointed
according to the conditions of its endowers shall be among the duties of the Lay Council, and since the petitioner heads
the Administrative Committee which ⟦acts⟧ in place of this Council, it has therefore been decided to appoint
the Administrative Committee acting in place of the Lay Council for the Israelite community in Baghdad as a temporary trustee
over the endowment referred to above until such time as the person stipulated for the trusteeship applies
and the deed of his appointment is issued. This deed was issued on 2/14/1956
The Judge
Sadiq Haidar
True copy ⟦line⟧
The Plaintiff
Page 63
Court of First Instance
Personal Status Court in Baghdad
Report Number 24 / 1952
The Judge ⟦Mr.⟧ Abd al-Rahman al-Bazzaz
On March 13, 1952, Ezra bin Menachem bin Saleh Daniel (known as Ezra Menachem Daniel) died
And his inheritance was limited to his two cousins, namely Khedouri (nicknamed Frederick) and Salim, the sons of Sassoon Saleh Daniel, and there is no heir besides them
As stated in the statement submitted by the Mukhtar of the Al-Sinak neighborhood dated 4/8/1952 and supported by the testimony of Daoud Cohen
Haroun Daoud Nawi and Ibrahim Moshe Haroun Khalasji. Therefore, the inheritance issue is divided into two shares, for each of
His cousins Khedouri (nicknamed Frederick) and Salim Sassoon Saleh Daniel, one share according to the legal portion. At the request of
The heirs, this legal distribution of inheritance was drafted on 4/21/1952
The Judge ⟦line⟧
Page 64
34/1943 Sh
Sequence
The Judge - Mr. Hussein Al-Mu'min.
Hesqail Menachem Daniel passed away on 1/14/1943 and his inheritance was limited
to his older brother Ezra Menachem Daniel and he has no other heir besides him according to the statement submitted
by the Mukhtar of Al-Senak neighborhood, supported by the testimony of both Victor Dawood and Ezra Meir Baruch and the heir
Ezra. Accordingly, the matter of inheritance was validated as one share for the brother Ezra Menachem Daniel, according
to the Sharia obligation and based on the submitted statement and the request of the aforementioned heir Ezra Menachem Daniel.
This Sharia distribution was organized in writing on 3/29/1943
⟦illegible signature⟧
Judge of Personal Status in Baghdad
⟦illegible stamp⟧
⟦illegible⟧
544
182
11 / 5 / ⟦illegible⟧
⟦illegible⟧
Directorate of ⟦illegible⟧ Records
Page 65
1943/34 Sh
Sequence
The Judge - Mr. Hussein Al-Mu'min.
Heskel Menachem Daniel passed away on 1943/1/14 and his inheritance was limited
to his older brother Ezra Menachem Daniel, and he has no other heir besides him, according to the statement submitted
by the Mukhtar of the Al-Senak neighborhood, supported by the testimony of both Victor Dawood and Ezra Meir Baruch and the heir
Ezra. Accordingly, the inheritance matter has been validated in one share for the brother Ezra Menachem Daniel, in accordance
with the legal obligation (sharia) and based on the submitted statement and the request of the aforementioned heir Ezra Menachem Daniel.
This distribution of estate was drafted on 1943/3/29
Judge of Personal Matters in Baghdad
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
Page 66
1943/34 Sh
Sequence
Judge - Mr. Hussain Al-Mu'min.
Heskel Menachem Daniel passed away on 14/1/1943 and his inheritance was restricted
to his older brother Ezra Menachem Daniel, and he has no other heir besides him, according to the statement submitted
by the Mukhtar of the Al-Senak neighborhood, supported by the testimony of both Victor Daoud and Ezra Meir Baruch and the heir
Ezra ⟦...⟧ The inheritance matter was validated as one share for the brother Ezra Menachem Daniel, in accordance
with the Mosaic Law, and based on the submitted statement and the request of the aforementioned heir Ezra Menachem Daniel.
This distribution document was organized and written on 29/3/1943
Judge of Personal Status in Baghdad
⟦revenue stamp with portrait⟧
⟦circular cancellation stamp⟧
⟦illegible signature/note⟧
Fee ⟦...⟧ Dinars ⟦...⟧
544
282
11/5/943
⟦signature⟧
Page 67
File Number 28 Personal 56
The Court of Cassation of Iraq was formed on 11 / 7 / 56 with its general body composed under the chairmanship of
His Excellency the President Mr. Hassan Sami al-Tatar and the members, Messrs. Ali Mahmoud al-Sheikh Ali, Mahmoud
Khalis, Abdul Jalil Bartu, Muhammad Sidqi Sulayman, Muhammad Shafiq al-Ani, and Nuri al-Umari, authorized
to practice judiciary in the name of His Majesty the King of Iraq, and issued the following decision -
Appellant - Correction Petitioner - Emile Saleh Shlomo according to his appointment as trustee over the endowments of Menachem and Sassoon
Daniel in addition to the endowment.
Appellee - Correctee
1 - Director of Endowments for the Baghdad region in addition to his position
2 - The third party - Head of the Administrative Committee of the Jewish Community in Baghdad
in addition to his position
Emile Saleh Shlomo, the trustee over the endowments of Menachem and Sassoon Daniel, claimed before the Court of Personal Matters
in Baghdad that the following legal arguments and notifications had previously been issued.
1 - The argument issued by the Baghdad Court of First Instance on 9 Shawwal 1336 under number (181) and registered
at the Baghdad Endowments Department on 24 March 1919
2 - The legal argument issued by the Baghdad Sharia Court on 8 Shawwal 1366 under number (179)
and registered at the Baghdad Endowments Department on 24 March 1919
3) The argument issued by the Baghdad Sharia Court on 14 Dhu al-Qi'dah 1343 under number 151
4) The argument issued by the Baghdad Sharia Court on 28 Rabi' al-Thani 1343 under number 311
5) The argument issued by the Baghdad Sharia Court on 14 Dhu al-Qi'dah 1343 under number 152
6) The notification issued by the Baghdad Court of First Instance on 3 / 7 / 924 under number (8) in file 156
And these arguments stipulate the endowment of the properties they covered, provided that their revenue is spent on what
was allocated for them. Then the two endowers and the two trustees of their endowments approached the Personal Status Court requesting the amendment
of the endowment conditions. So the mentioned court issued the legal argument numbered 87 / 35 on 17 / 8 / 35
And it was mentioned therein that it came to remove the ambiguity and vagueness contained in the endowment deed and because that does not touch the essence
of the endowment and its basic conditions. Whereas the mentioned argument included basic conditions touching the essence of the endowment
and because the endowers did not stipulate in the endowment deed the right to change and substitute, and since the trustees do not have the right to change
its conditions, therefore the judge may not violate the endower's conditions unless there is a disruption to the endowment in the condition or a loss
of interest for the beneficiaries. Accordingly, the mentioned legal argument would have been issued contrary to the law. The
plaintiff requested, after bringing the defendant, the Director of Baghdad Endowments, in addition to his position as the temporary adversary,
and ruling to invalidate the mentioned legal argument numbered 87 / 35 regarding the additional conditions not stipulated in
the original endowment deeds, and to charge him the expenses.
- To be continued -
Page 68
- 2 -
During the proceedings, the head of the Administrative Committee of the Jewish community in Baghdad and the acting
Lay Council for the community entered as a third party in the lawsuit. Because the judgment to be issued affects its rights, a judgment was issued
on 7/10/55, under No. 102/55, in the presence of both parties, ruling to amend the Sharia deed subject of the lawsuit
as follows:
1) Cancellation of paragraph (c) of the second item regarding the expenditure of endowment revenues on the teaching of sciences and arts.
2) Cancellation of paragraph (d) of the second item regarding the reserve amount, which begins with the phrase (If
a surplus appears from the endowment revenues...) and ends with the phrase (...concerning the preparation of the annual budget
for the school administration and under the same conditions pertaining to it).
3) Cancellation of paragraph (e) of the second item regarding the opening of a section or sections in the school (Gan Yeladim),
which begins with the phrase (And if a surplus is obtained from the endowment revenues after paying all these expenses...) and
ends with the phrase (...and on feeding and clothing them if the need arises).
Thus, the second item regarding the expenditure of the endowment will include only paragraphs (a and b), and
paragraphs (c, d, and e) are to be considered as if they do not exist in the deed. The court also decided not to interfere with all that was contained
in this deed except for the mentioned paragraphs, and dismissed the plaintiff's claim regarding them, charging both parties with the costs.
The head of the Jewish community - the third party - appealed, as did the plaintiff, and the two appeals were joined.
The Court of Cassation of Iraq decided on 10/13/55 under No. 44 and 47 / Personal Status / 55 to overturn the appealed decision
regarding (the paragraph related to the cancellation of the order to maintain reserve amounts in the manner decided by the
Lay Council) and to uphold the appealed decision regarding the other paragraphs. Upon the return of the papers and the hearing, the
Court of Personal Status decided on 12/5/55 to follow the Court of Cassation's decision and cancel paragraphs (c and e) from the Sharia deed
subject of the lawsuit only, and to charge both parties with the costs. The plaintiff appealed the aforementioned decision, and it was upheld upon cassation
on 4/8/56 under No. 2 Personal Status 1956. Due to the dissatisfaction of the appellant - the plaintiff - with the said cassation decision,
he requested its correction and paid the legal security on 6/17/56.
The Decision - Upon scrutiny and deliberation by the General Assembly, it appeared that the request for correction was not based
on any of the reasons for correction mentioned in the fourth amended article of the Civil Procedure Code,
and because what he stated in the request brief had been mentioned in the previous cassation brief and was rejected by the Court
of Cassation during its scrutiny, it was therefore decided to reject the request and record the security as revenue for the treasury. The decision was issued by consensus
11/7/56
First Clerk
A true copy
50 Fils
⟦illegible⟧
Page 69
File Number 28 Personal 56
The Court of Cassation of Iraq was formed on 11 / 7 / 1956 with its General Body composed under the presidency of
His Excellency the President Mr. Hassan Sami al-Tatar and the members, Messrs. Ali Mahmoud al-Sheikh Ali, Mahmoud
Khalis, Abd al-Jalil Bartu, Muhammad Sidqi Sulayman, Muhammad Shafiq al-Ani, and Nuri al-Umrani, authorized
to adjudicate in the name of His Majesty the King of Iraq, and issued the following decision:
Appellant - Seeking Correction - Emil Saleh Shlomo according to his appointment as trustee over the endowments (Awqaf) of Menachem and Sassoon
Daniel, in addition to the endowment.
Appellee - Party against whom correction is sought
1 - Director of Endowments for the Baghdad Region in addition to his post
2 - The third party - Head of the Administrative Committee of the Israelite Community in Baghdad
in addition to his post
Emil Saleh Shlomo, the trustee over the endowments of Menachem and Sassoon Daniel, claimed before the Court of
Personal Matters in Baghdad that the following legal deeds and notifications had previously been issued:
1) The deed issued by the Baghdad Court of First Instance on 6 Shawwal 1336 under number (181) and registered
at the Baghdad Endowments Department on 24 March 1919.
2) The legal deed issued by the Sharia Court of Baghdad on 8 Shawwal 1366 under number (179)
and registered at the Baghdad Endowments Department on 24 March 1919
3) The deed issued by the Sharia Court of Baghdad on 14 Dhu al-Qi'dah 1343 under number 151
4) The deed issued by the Sharia Court of Baghdad on 28 Rabi' al-Thani 1343 under number (311)
5) The deed issued by the Sharia Court of Baghdad on 14 Dhu al-Qi'dah 1343 under number 152
6) The notification issued by the Baghdad Court of First Instance on 3 / 7 / 1924 under number (8) in file 61
And these deeds stipulate the endowment of the properties they covered, provided that their revenue is spent on what
was allocated for them. Then, the two endowers and the two trustees of their endowments applied to the Court of Personal Matters requesting an amendment
of the endowment conditions. The aforementioned court issued the legal deed numbered 87 / 935 on 17 / 8 / 35
In which it was stated that it came to remove the ambiguity and vagueness contained in the endowment deed and because that does not touch
the essence of the endowment and its basic conditions. Whereas the aforementioned deed included basic conditions touching the essence of
the endowment, and since the endowers did not stipulate in the endowment deed the right to change and substitute, and since the trustees
may not substitute its conditions, therefore the judge may not violate the conditions of the endower unless the condition entails a suspension
of the endowment or a loss of interest for the beneficiaries. Accordingly, the aforementioned legal deed was issued
contrary to Sharia. The plaintiff requested, after summoning the defendant, the Director of Endowments of Baghdad in addition to his post as
the temporary opponent, the ruling to invalidate the aforementioned legal deed numbered 87 / 35 regarding the basic conditions
not stipulated in the original endowment, and to charge him with the expenses.
- To be continued -
Page 70
- 2 -
Upon conducting the proceedings, the Chairman of the Administrative Committee of the Jewish Community in Baghdad and the Acting
Lay Council of the community was introduced as a third party in the lawsuit. Because the judgment to be issued affects his rights.
On 10/7/55, under No. 102/55, the court issued an inter partes judgment providing for the amendment of the Sharia deed
subject of the lawsuit as follows:
1) Cancellation of paragraph (c) of the second item concerning the expenditure of endowment (Waqf) revenues on the teaching of sciences
and arts.
2) Cancellation of paragraph (d) of the second item regarding the reserve amount, which begins with the phrase
(If a surplus appears from the endowment revenues...) and ends with the phrase (... regarding the preparation of
the school administration's annual budget and under the same conditions pertaining to it).
3) Cancellation of paragraph (e) of the second item regarding the opening of a branch or branches in the (Kanan
Hildim) school, which begins with the phrase (And if a surplus from the endowment revenues occurs after paying all these
expenses...) and ends with the phrase (... and on their feeding and clothing if the need arises).
Accordingly, the second item regarding the expenditure of the endowment will consist of paragraphs (a and b) only,
and paragraphs (c, d, and e) shall be considered as if they do not exist in the deed. The court also decided not to interfere with all
else contained in this deed except for the aforementioned paragraphs, and dismissed the plaintiff's claim regarding them, charging
both parties with the costs.
The Chairman of the Jewish Community - the third party - appealed by cassation, as did the plaintiff, and the two appeals were joined.
The Court of Cassation of Iraq decided on 13/10/55 under No. 44 and 47 / Personal / 55 to overturn the appealed decision
regarding (the paragraph concerning the cancellation of the matter of maintaining reserve funds in the form decided by the
Lay Council), and to uphold the appealed decision regarding the other paragraphs. Upon the return of the papers
and the proceedings, the Personal Status Court decided on 5/12/55 to follow the Court of Cassation's decision and cancel paragraphs
(c and e) of the Sharia deed subject of the lawsuit only, charging both parties with costs. The plaintiff appealed
the mentioned decision, and it was upheld in cassation on 8/4/56 under No. 2 Personal 1956. Due to the appellant's (plaintiff's) lack of conviction
with the mentioned cassation decision, he requested its correction and paid the legal security fees on 17/6/1956.
The Decision - Upon scrutiny and deliberation by the General Assembly, it appeared that the request for correction was not
based on any of the grounds for correction mentioned in the amended fourth article of the Code of Civil Procedure,
and because what he stated in the petition was already mentioned in the previous cassation brief
and the Court of Cassation rejected it during its scrutiny. Therefore, it was decided to reject the request and record the security fees as revenue for the treasury.
The decision was issued unanimously on 11/7/56.
Page 71
File Number 28 Personal 51
The Court of Cassation of Iraq was formed on 11/7/56 by its General Assembly composed under the presidency of
His Excellency the President Mr. Hassan Sami Al-Tatar and the members, Messrs. Ali Mahmoud Al-Sheikh Ali, Mahmoud
Khalis, Abdul Jalil Bartu, Muhammad Sidqi Sulayman, Muhammad Shafiq Al-Ani and Nuri Al-Omari, authorized
to judge in the name of His Majesty the King of Iraq, and issued the following decision -
The Appellant - Applicant for Correction - Emil Saleh Shlomo according to his appointment as trustee over the endowments of Menachem and Sasson
Daniel in addition to the endowment.
The Appellee - The Respondent for Correction
1 - Director of Endowments for the Baghdad region in addition to his post
2 - The Third Party - President of the Administrative Committee of the Israelite Community in Baghdad
in addition to his post
Emil Saleh Shlomo, the trustee over the endowments of Menachem and Sasson Daniel, claimed before the Court of Personal
Matters in Baghdad that the following legal deeds and notifications had previously been issued.
1 - The deed issued by the Baghdad Court of First Instance on 6 Shawwal 1326 under number (181) and registered
at the Baghdad Endowments Department on 24 March 1916
2 - The Sharia deed issued by the Sharia Court of Baghdad on 8 Shawwal 1326 under number (179)
and registered at the Baghdad Endowments Department on 24 March 1916
(3 The deed issued by the Sharia Court of Baghdad on 14 Dhu al-Qi'dah 1343 under number 151
(4 The deed issued by the Sharia Court of Baghdad on 28 Rabi' al-Thani 1343 under number 311
(5 The deed issued by the Sharia Court of Baghdad on 14 Dhu al-Qi'dah 1343 under number 152
(6 The notification issued by the Baghdad Court of First Instance on 3/7/934 under number (8) in file 156
And these deeds stipulate the endowment of the properties they covered provided that their revenue is spent on what
was allocated for them. Then the two endowers and the two trustees of their endowments applied to the Court of Personal Matters requesting an amendment
to the terms of the endowment. So the mentioned court issued the Sharia deed numbered 87/935 dated 17/8/35
And it was mentioned therein that it came to remove the ambiguity and vagueness contained in the endowment deed and because that does not touch the essence
of the endowment and its basic conditions. Whereas the mentioned deed included basic conditions that touched the essence of the endowment
And because the two endowers did not stipulate in the endowment deed the right to change and substitute, and since the trustees do not have the right to substitute
its terms, therefore the judge may not violate the conditions of the endower unless there is a disruption of the endowment in the condition or a loss
of the interest of the beneficiaries. Accordingly, the mentioned Sharia deed was issued contrary to Sharia law. The
plaintiff requested, after bringing the defendant, the Director of Endowments of Baghdad, in addition to his post as the temporary adversary
a judgment to nullify the mentioned Sharia deed numbered 87/35 regarding the additional conditions not stipulated in the
original endowment deed and to charge him the expenses.
- To be continued -
⟦signature⟧
22/7/56
Page 72
- 2 -
During the proceedings, the Chairman of the Administrative Committee of the Jewish Community in Baghdad and the Acting Representative of
the Community Spiritual Council intervened as a third party in the lawsuit, as the judgment to be issued affects his rights, and [the court] issued
on July 10, 1955, under number 102/55, an inter partes judgment ruling to amend the Sharia deed, subject of the lawsuit,
as follows:
1) Cancellation of paragraph (c) of the second item regarding the expenditure of endowment revenues on teaching sciences and arts.
2) Cancellation of paragraph (d) of the second item regarding the reserve amount, which begins with the phrase (If
a surplus appears from the endowment revenues...) and ends with the phrase (... regarding the preparation of the annual budget
for the school administration and under the same conditions pertaining to it).
3) Cancellation of paragraph (e) of the second item regarding the opening of a branch or branches in the (Gan Yeladim) school,
which begins with the phrase (If a surplus of endowment revenues remains after paying all these expenses...) and
ends with the phrase (... and on their feeding and clothing if the need arises).
Thus, the second item regarding the expenditure of the endowment shall include only paragraphs (a and b), and
paragraphs (c, d, and e) shall be considered as if they do not exist in the deed. The court also decided not to interfere with everything else contained in
this deed except for the aforementioned paragraphs, dismissed the plaintiff's claim regarding them, and charged both parties with the costs.
The Head of the Jewish Community - the third party - appealed, as did the plaintiff, and the two appeals were joined.
The Court of Cassation of Iraq decided on October 13, 1955, under number 44 and 47 / Personal / 55, to overturn the appealed decision
with respect to (the paragraph regarding the cancellation of the order to preserve the reserve amounts in the manner decided by the
Spiritual Council) and upheld the appealed decision regarding the other paragraphs. Upon the return of the documents and the proceedings, the
Personal Status Court decided on December 5, 1955, to follow the decision of the Court of Cassation and cancel paragraphs (c and e) of the Sharia deed,
subject of the lawsuit only, and charged both parties with the costs. The plaintiff appealed the aforementioned decision, and a cassation [judgment] was issued
on April 8, 1956, under number 2 Personal 1956. Due to the ⟦lack of⟧ conviction of the appellant - the plaintiff - with the aforementioned cassation decision,
he requested its correction and paid the legal security on June 17, 1956.
The Decision - Upon scrutiny and deliberation by the General Assembly, it appeared that the request for correction was not based
on any of the grounds for correction mentioned in the amended Article 4 of the Code of Civil Procedure,
and because what he stated in the request brief had already been mentioned in the previous cassation brief and was rejected by the Court of
Cassation during its scrutiny. Therefore, it was decided to reject the request and record the security as revenue for the treasury. The decision was issued unanimously.
July 11, 1956
First Clerk
True Copy
50 Fils
50 FILS
24
Page 73
File Number 28 Personal 56
The Court of Cassation of Iraq was formed on 11/7/56 with its General Assembly composed under the presidency of the
Assistant President Mr. Hassan Sami al-Tatar and the members Messrs. Ali Mahmoud al-Sheikh Ali, Mahmoud Khalis,
Abdul Jalil Bartu, Muhammad Sidqi Sulayman, Muhammad Shafiq al-Ani, and Nuri al-Omar, authorized
to adjudicate in the name of His Majesty the King of Iraq, and issued the following decision:
Appellant – Applicant for Correction – Emil Saleh Shlomo according to his appointment as trustee over the endowments of Menahem and Sasson
Daniel in addition to the endowment.
Appellee – Respondent for Correction
1 – Director of Endowments for the Baghdad Region in addition to his post
2 – The Third Party – Head of the Administrative Committee for the Jewish Community in Baghdad
in addition to his post
Emil Saleh Shlomo, the trustee over the endowments of Menahem and Sasson Daniel, claimed before the Court of Personal
Status in Baghdad that the following Sharia deeds and declarations had previously been issued:
1 – The deed issued by the Baghdad Court on 9 Shawwal 1336 under number (181) and registered
at the Baghdad Endowments Department on March 24, 1919
2 – The Sharia deed issued by a Sharia Court in Baghdad on 8 Shawwal 1366 under number (179)
and registered at the Baghdad Endowments Department on March 24, 1919
3 – The deed issued by a Sharia Court in Baghdad on 14 Dhu al-Qi'dah 1343 under number 151
4 – The deed issued by a Sharia Court in Baghdad on 28 Rabi' al-Thani 1343 under number 311
5 – The deed issued by a Sharia Court in Baghdad on 14 Dhu al-Qi'dah 1343 under number 152
6 – The declaration issued by the Baghdad Court on 3/7/924 under number (8) in file
156
And these deeds stipulate the endowment of the properties they covered, provided that their income is spent on what
was allocated for them. Then the two endowers and the two trustees of their endowments applied to the Court of Personal Status requesting the amendment of
the conditions of the endowment. The aforementioned court issued Sharia deed number 87/35 dated 17/8/35
in which it was stated that it came to remove the ambiguity and vagueness contained in the endowment deed and because that does not touch the essence
of the endowment and its basic conditions. Whereas the aforementioned deed included basic conditions touching the essence of the endowment
and because the endowers did not stipulate in the endowment deed the right to change and substitute, and since the trustees do not have the right to change
its conditions, therefore the judge may not violate the conditions of the endower unless there is a disruption of the endowment in the condition or a loss
of the interest of the beneficiaries. Accordingly, the aforementioned Sharia deed was issued contrary to Sharia. The
plaintiff requested, after bringing the defendant, the Director of Endowments of Baghdad in addition to his post as the temporary adversary,
a judgment to invalidate the aforementioned Sharia deed numbered 87/35 regarding the additional unlawful conditions added to the
original endowment deeds and to charge him with the expenses.
- To be continued -
Page 74
- 2 -
During the proceedings, the Chairman of the Administrative Committee of the Jewish Community in Baghdad and the Acting
Lay Council of the community entered as a third party in the lawsuit. Because the judgment they are claiming rights for
was issued on 10/7/55 under No. 102/55, a judgment in presence ruling to amend the Sharia deed
the subject of the lawsuit according to the following:
1- Cancellation of paragraph (c) of the second item regarding the expenditure of endowment revenues on teaching sciences
and arts.
2- Cancellation of paragraph (d) of the second item regarding the reserve amount, which begins with the phrase
(If a surplus appears from the endowment revenues...) and ends with the phrase (... regarding the preparation of the annual budget
for the administration of the school and under the same conditions specific to it).
3- Cancellation of paragraph (e) of the second item regarding the opening of a branch or branches in the (Lycée
Hélène) school, which begins with the phrase (And if a surplus from the endowment revenues occurs to cover all these expenses)
and ends with the phrase (... and on their feeding and clothing if the need arises).
Thus, the second item regarding the expenditure of the endowment will consist of paragraphs (a and b) only, and
paragraphs (c, d, and e) are considered as if they do not exist in the deed. The court also decided not to interfere with everything contained in
this deed except for the aforementioned paragraphs, and dismissed the plaintiff's claim regarding them, and charged both parties with the costs.
The Head of the Jewish Community - the third party - appealed, as did the plaintiff, and the two appeals were joined.
The Court of Cassation of Iraq decided on 13/10/55 under No. 44 and 47 / Personal / 55 to overturn the appealed decision
regarding (the paragraph concerning water) the matter of preserving reserve funds in the manner decided by
the Lay Council, and to uphold the appealed decision regarding the other paragraphs. Upon the return of the papers and the proceedings,
the Personal Status Court decided on 5/12/55 to follow the decision of the Court of Cassation and cancel paragraphs (c and e) from
the Sharia deed subject of the lawsuit only, and to charge both parties with the costs. The plaintiff appealed the aforementioned decision and registered
an appeal on 8/4/56 under No. 2 Personal 56. Due to the dissatisfaction of the appellant - the plaintiff - with the aforementioned cassation decision,
he requested its correction and paid the legal security fees on 17/6/56.
The Decision - Upon scrutiny and deliberation by the General Assembly, it appeared that the request for correction was not based
on any of the grounds for correction mentioned in the fourth amended article of the Law of Civil Procedure,
and because what he stated in the petition had been mentioned in the previous cassation brief and was rejected by the Court
of Cassation during its scrutiny. Therefore, it decided to reject the request and record the security fees as revenue for the Treasury. The decision was issued unanimously
on 11/7/56.
Page 75
Case File Number: 28 Personal Status 56
The Court of Cassation of Iraq was formed on 11/7/56 in its General Assembly composed under the presidency of
the Deputy President Mr. Hassan Sami al-Tatar and the members Messrs. Ali Mahmoud al-Sheikh Ali, Mahmoud Khalis,
Abdul Jalil Bartu, Muhammad Sidqi Suleiman, Muhammad Shafiq al-Ani, and Nuri al-Omari, authorized
to practice judiciary in the name of His Majesty the King of Iraq, and issued the following decision.
The Appellant - Petitioner for Correction - Emil Saleh Shlomo, according to his appointment over the endowments of Menahem and Sassoon
Daniel, in addition to the endowment.
The Appellee - Respondent for Correction
1- Director of Endowments for the Baghdad Region, in addition to his post
2- The third party - Head of the Administrative Committee for the Jewish Community in Baghdad
in addition to his post
Emil Saleh Shlomo, the trustee over the endowments of Menahem and Sassoon Daniel, claimed before the Personal Status
Court in Baghdad that the following legal arguments and notifications were previously issued.
1- The argument issued by the Baghdad Court of First Instance on 9 Shawwal 1336 under number (181) and registered
at the Baghdad Endowments Department on 24 March 1911
2- The Sharia argument issued by the Baghdad Sharia Court on 8 Shawwal 1361 under number (179)
and registered at the Baghdad Endowments Department on 24 March 1911
3- The argument issued by the Baghdad Sharia Court on 14 Dhu al-Qi'dah 1343 under number 151
4- The argument issued by the Baghdad Sharia Court on 28 Rabi' al-Thani 1343 under number 311
5- The argument issued by the Baghdad Sharia Court on 14 Dhu al-Qi'dah 1343 under number 152
6- The notification issued by the Baghdad Court of First Instance on 3/7/924 under number (8) in file
156
And these arguments state the endowment of the properties they covered, provided that their revenue is spent on what
was allocated for them. Then the two endowers and the two trustees of their endowments approached the Personal Status Court requesting the amendment
of the endowment conditions. So the aforementioned court issued Sharia argument No. 87/35 on 17/8/35
It was mentioned therein that it came to remove the ambiguity and vagueness contained in the endowment argument and because it does not affect the essence of
the endowment and its basic conditions. While the aforementioned argument included basic conditions affecting the essence of the endowment
and because the endowers did not stipulate in the endowment deed the right to change and substitute, and since the trustees do not have the right to change
its conditions, therefore the judge may not violate the endower's conditions unless there is a disruption to the endowment in the condition or a loss
of the interest of the beneficiaries. Accordingly, the aforementioned Sharia argument was issued contrary to Sharia. The
plaintiff requested, after bringing the defendant, the Director of Baghdad Endowments, in addition to his post, as the temporary adversary,
and a ruling to invalidate the aforementioned Sharia argument numbered 87/35 regarding the additional conditions that are illegal in
the original endowments, and to charge him the costs.
- To be continued -