AI English Translation, Pages 151-175
T/1240/5
11/30/1953
Administrative Committee ⟦line⟧
To "-
The Honorable Ministry of Justice ⟦line⟧
Greetings,
With reference to your honorable ministry's order No. 1944 dated 11/24/1953,
The Administrative Committee formed pursuant to the ministerial order referred to above met on the evening of 11/29/
1953 and decided the following ⟦line⟧ :-
1 - Election of Mr. Farid Daoud Samra as Chairman of the Committee.
2 - Election of Mr. Frank Yamon as Vice-Chairman.
3 - Election of Mr. Yaqub Ezra Abdullah as Secretary.
Please accept our highest res⟦line⟧pect
⟦illegible⟧
Presidency of the Community
Rabbi Sassoon Khedhouri
Acting President of the Community
A copy to "-
⟦illegible⟧
Rabbi Sassoon Khedhouri
Acting President of the Community
A copy to :-
The Administrative Committee - for information
⟦illegible signature⟧
Ministry of Justice ⟦illegible⟧
Personnel Affairs Department
Date - 11/24/1953
Ministry of Justice Order (1944)
With reference to the Ministerial Order No. 1746 dated 10/31/1953
And after consulting the Deputy Head of the Community, we have decided to form a committee to manage what was entrusted to the Lay Council to perform in accordance with
the Law of the Jewish Community No. 77 of 1931, consisting of the following named individuals, provided they elect one of them to assume
their chairmanship ⟦line⟧
1 - Frank Yasmin
2 - Farid Daoud Samra
3 - Menashi Ibrahim Kashi
4 - Eliyahu Ezra Khalaschi
5 - Yaqub Ezra Abdullah
Jamil al-Orfali
Minister of Justice
A copy to:
Presidency of the Cabinet Office
Presidency of the Legal Drafting Bureau
Governorate of Baghdad - General Police Directorate
All banks
General Directorate of Propaganda - for publication in the Official Gazette
Courts and judicial departments
Administration of the Jewish Community in Baghdad
Rabbi Sassoon Khedhouri
Accounts Directorate
Minutes record
Administrative Committee of the Jewish Community
Baghdad
1953
File Number 955/52 Sh
Personal Status Court in Baghdad
The Personal Status Court was formed on 11/15/1955 by its judge, Mr. Sadiq Jaafar, authorized in the judiciary
In the name of His Majesty the King of Iraq, and issued the following authorization deed: -
Mr. Farid Daoud Samra presented to this court in his capacity as President of the Administrative Committee of the Jewish Community -
in Baghdad, acting in place of the Communal Council of the aforementioned community, via his petition dated
10/16/1955, in which he stated that the following six properties: First, the house located in the Bab
al-Agha neighborhood on Al-Uqdah Street in Baghdad. Second, the two shops located in the Bab al-Agha neighborhood on
Al-Saffafir Street in Baghdad. Third, half of the famous khan known as Khan Affan located in the Bab al-Agha neighborhood
in the Shorja market in Baghdad. Fourth, (24) shares out of (105) shares of the aforementioned Khan Affan
above. Fifth, four-fifths of the endowed house in the first Al-Tatran neighborhood on Al-Uqd Street
and the second on Al-Hawl Street in Baghdad. Sixth, half of the pharmacy located in the Souq
al-Ghazal neighborhood on King Ghazi Avenue in Baghdad. All of these properties are from the endowments of Menahem and Shaul,
sons of Saleh Daniel, and were under the trusteeship of Ezra Menahem Daniel and Saleh Shaul Abdullah. When the
former died, Saleh Shaul Abdullah remained as the sole trustee over these endowments, and the aforementioned trustee
died in late 1954, and the amount spent from the revenues on the charitable
entities designated in the endowment deed was not known, nor did he hand over before his death the remaining amounts of revenues that
were under his disposal. Therefore, his estate is responsible for them unless his heirs prove the manner of their expenditure by their predecessor
according to the conditions of the endowment.
And since one of the heirs of the aforementioned trustee Saleh Shaul Abdullah is his wife Rahma, daughter of
Salman Saleh Daniel, who is the transferee of the estate whose predecessor left the revenues of the aforementioned endowment as a liability.
And since the Communal Council of the Jewish Community (which was replaced by the Administrative Committee
of the aforementioned community) has the right of supervision and oversight over the charitable endowments of the Jewish community
pursuant to the Sharia deed issued by this court under number 87/945 and Article 7 of the Law of
the Jewish Community.
And since the supervisor does not have the right to file a lawsuit against anyone who incurs a liability from the money of
the endowment except after obtaining permission from this court.
Therefore, in his aforementioned capacity, he requests to be given permission to file a lawsuit against the estate of
the former trustee Saleh Shaul Abdullah to protect the endowment funds from loss, and that the amounts
owed to the community by the aforementioned former trustee are not less than six thousand dinars.
Based on this request, the court has reviewed the Sharia deed issued by this court
(2)
Under number 927/87 and dated 17 ⟦June⟧ 925, this deed, which stated that it was issued for the purpose of
detailing how these endowments are managed, clarifying the conditions of the endowers, and amending them in a way
that does not affect the essence of the endowment, and showed that this deed has covered the endowed properties
above and clarified the descriptions of the endowment deeds issued for them, which are the Sharia deed issued
on 10 ⟦Shawwal⟧ 1261, registered in Register No. (1) under number 181 and recorded in the Baghdad Endowments
Department on 24 ⟦March⟧ 1919, and the deed issued by the Baghdad Sharia Court on 2 ⟦Shawwal⟧ 1226
registered in Register No. (1) under number 179 and page 69 and recorded in the Baghdad Endowments
Department on 24 ⟦March⟧ 1919, and the Sharia deed issued by the Baghdad Sharia Court on
14 Dhu al-Qi'dah 1242 registered in Register No. (4) under 151. And the Sharia deed issued
by the Baghdad Sharia Court on 28 Rabi' al-Thani 1243 registered in Register No. (4) under
211 and page 82. And the Sharia deed issued by the Baghdad Sharia Court on 14 Dhu
al-Qi'dah 1242 registered in Register No. (4) under number 152 and the notification issued by the
Baghdad Court of First Instance on 2 June 1924 under number (8) for the notification year (156).
And whereas it has been verified by the court from the Ministry of Justice order number 194 dated 24/11/952
that a committee has been formed to manage what the Hasbani Council was entrusted to do in accordance
with the Law of the Jewish Community and pursuant to the letter of the Presidency of the Community addressed to the Ministry
of Justice under number T/254/952 dated 20/11/952 that the applicant Mr. Farid
Daoud Samra has become the head of this committee. And it was also verified that this committee
in its session held on 24/10/952 decided to file the lawsuit in the name of Salim Aleph
Reinar against the estate of Saleh Shlomo ⟦Ezra⟧, the former trustee of the Sassoon and Saleh
Daniel endowments, and to transfer it to the head of the aforementioned committee by virtue of which this court shall obtain the evidence
required to file the lawsuit.
And whereas the Sharia deed numbered 927/87 referred to above has given the Hasbani
Council the right of oversight and supervision over these endowments, and Article (7) of
the Law of the Jewish Community in Baghdad No. 77 of 1931 made it one of the functions of the Hasbani
Council to supervise the properties endowed for charitable purposes, the Hasbani Council
becomes the supervisor of these endowments by virtue of the endowment contracts and the text of the law.
And whereas the judge may authorize litigation in the endowment for whomever he wishes due to his
general guardianship over endowments. And whereas the endowment is binding and the debt is established initially
against the custodian, so if the custodian dies, the owner of the observatory may reclaim what he spent with his permission from his estate.
(2)
And his heirs also have that after him, and he does not go back against the trustee ⟦...⟧ but rather the one who goes back
against him are the heirs of the first trustee. And since granting permission to the Hasbani Council to file a lawsuit
against the estate of the previous trustee for the endowment revenues included therein, and the benefit to the endowment from filing it on behalf
of the current trustee, because the current trustee is one of the heirs of the previous trustee against whose estate
the lawsuit is intended to be filed, because in that there is a financial liability.
Therefore, and due to the fulfillment of the legal reason in the request, and in view of the interest of the endowment, the court
decided to grant permission to the petitioner, Mr. Daoud Samra, in his capacity as
Chairman of the Administrative Committee of the Israelite Community in Baghdad, acting in place of the
Hasbani Council of the aforementioned community, the supervisor of these endowments, to file the lawsuit
against Mrs. Rukaina, daughter of Shaul Daniel, one of the heirs of the previous trustee,
and her deceased husband, Saleh Shlomo Abed <del>⟦illegible⟧</del> in addition to the estate, regarding the sums
which the Hasbani Council considers to remain as a debt against the aforementioned trustee.
The Judge
A true copy 6 / 11 / 95
Personal Status Court of Baghdad
Case File No. - 53 / 1955 Sh
The Personal Status Court was formed on 2 / 11 / 1955 by its judge, Mr. Sadiq Haidar,
authorized to adjudicate in the name of His Majesty the King of Iraq, and issued the following authorization deed.
Mr. Farid Daoud Samra approached this court in his capacity as Chairman of the Administrative Committee of the Jewish
Community in Baghdad, acting in place of the Lay Council of the aforementioned community, via his petition dated
19 / 10 / 1955, in which he stated that the following six properties: First, the house located in Bab
al-Agha district on al-Qishla Street in Baghdad. Second, the two shops located in Bab al-Agha district on al-Saffafir Street
in Baghdad. Third, one-eighth of the khan known as Khan Jafan located in Bab al-Agha district in the Customs Market
in Baghdad. Fourth, 24 shares out of 105 shares of the aforementioned Khan Jafan. Fifth,
four-fifths of the two houses located in al-Tatran district, the first on Mosque Street and the second on al-Jadwal Street
in Baghdad. Sixth, half of the pharmacy located in the Souq al-Ghazal district on al-Attarin Avenue in Baghdad.
All these properties are endowments (waqfs) of Menahem and Sassoon, the sons of Saleh Daniel. They were under the trusteeship of
Ezra Menahem Daniel and Saleh Shlomo Abdullah. When the former died, Saleh Shlomo Abdullah remained the sole trustee of
these endowments. The aforementioned trustee died in late 1954, and the amount spent
from the revenues on the charitable causes specified in the endowment deeds is unknown, nor did he clarify before his death the remaining amounts of
revenues under his control. Therefore, his estate is now responsible for them unless his heirs prove the manner of their expenditure by
their predecessor in accordance with the conditions of the endowment.
Since one of the heirs of the aforementioned trustee Saleh Shlomo Abdullah is his wife, Regina daughter of Sassoon
Saleh Daniel, representing the estate into which her predecessor incorporated the revenues of the aforementioned endowment. And since the
Lay Council of the Jewish Community (which was replaced by the Administrative Committee of the said community) has the right of
supervision and oversight over the charitable endowments of the community pursuant to the legal deed issued by this court
under file number 87 / 935 and Article 7 of the Jewish Community Law. And since the supervisor does not
have the right to file a lawsuit against anyone who incorporates endowment funds into their liability except after obtaining permission from this
court.
Therefore, he requests in his aforementioned capacity to be granted permission to file a lawsuit against the estate of the former trustee
Saleh Shlomo Abdullah to protect the endowment funds from loss, and that the amounts the community believes are
owed by the aforementioned former trustee are not less than sixty thousand dinars.
Based on this request, the court reviewed the legal deed issued by this court
under number 87 / 935 dated August 17, 935. This deed stated that it was issued for the purpose of
detailing how these endowments are managed, clarifying the conditions of the endowers, and amending them in a way that does not affect the essence of the endowment.
It appeared that this deed covered the properties endowed above and specified the descriptions of the issued endowment deeds.
- To be continued -
- 2 -
by it, which is the Sharia deed issued on 9 Shawwal 1336, registered in Register No. (1) under number
181 and recorded in the Baghdad Awqaf Department on March 24, 1919, and the deed issued by the Sharia Court of
Baghdad on 8 Shawwal 1336, registered in Register No. (1) under number 179 and page 69, and recorded
in the Baghdad Awqaf Department on March 24, 1919, and the Sharia deed issued by the Baghdad Sharia Court
on 14 Dhu al-Qi'dah 1342, registered in Register No. 4 under number 151, and the Sharia deed
issued by the Baghdad Sharia Court on 28 Rabi' al-Thani 1343, registered in Register No. 4
under number 311 and page 83, and the Sharia deed issued by the Baghdad Sharia Court on ⟦line⟧
14 Dhu al-Qi'dah 1342, registered in Register No. 4 under number 152, and the notification issued by the
Baghdad Court of First Instance on June 3, 1924, under number 8, file 156.
And whereas it has been verified to the court from the Ministry of Justice order number 1944 dated 11/24/53
that a committee has been formed to manage what was entrusted to the Lay Council to perform in accordance with the Law of the
Jewish Community. And it was verified from the letter of the Presidency of the Community addressed to the Ministry of Justice under number T/3240/53
dated 11/30/53 that the petitioner, Mr. Farid Daoud Samra, has become the chairman of this committee.
It was also verified that this committee, in its session held on 10/24/1955, decided to file
a lawsuit for the amount of sixty thousand dinars against the estate of Saleh Shlomo Abdullah, the former trustee of the Sassoon
and Menachem Daniel endowments, and authorized the aforementioned chairman of the committee to approach this court to obtain the required permission
to file the lawsuit.
And whereas the Sharia deed numbered 87/935 referred to above has given the Lay
Council the right of supervision and oversight over these endowments. Also, Article 7 of the Law of the Jewish
Community in Baghdad No. 77 of 1931 made it one of the functions of the Lay Council to supervise
the properties endowed for charitable purposes, thus the Lay Council becomes the supervisor of these endowments by virtue of
the endowment contracts and the text of the law.
And whereas the judge may grant permission for litigation regarding the endowment to whomever he wishes due to his general authority over
endowments. And whereas the endowment has no legal personality and the debt is initially established against the custodian, so if the custodian dies, the owner of
the observatory has the right to recover what he spent with his permission from his estate, and his heirs have that right as well after him, and he does not refer back to the new
trustee, but rather the heirs of the first trustee are the ones referred to. And whereas granting permission to the Lay Council
to file a lawsuit against the estate of the former trustee for the endowment's revenues is more secure and beneficial for the endowment than filing it by the
current trustee, because the current trustee is one of the heirs of the former trustee against whose estate the lawsuit is intended to be filed, as in
that there is a conflict of interest.
Therefore, and because the Sharia reason for the request has been verified, and in view of the interest of the endowment, the court has hereby decided
to grant permission to the petitioner, Mr. Farid Daoud Samra, in his capacity as Chairman of the Administrative Committee of the Community
- To be continued -
— 3 —
The Israeli [Jewish] community in Baghdad, acting in place of the Lay Council of the aforementioned community, the overseer of these endowments,
to file a lawsuit against Mrs. Regina, daughter of Sassoon Daniel, one of the heirs of the former trustee, her
deceased husband Saleh Shlomo Abdullah, in addition to the estate, for the amounts that the Lay Council believes remain
owed by the aforementioned trustee.
The Judge
The Administrative Committee of the Jewish Community
in Baghdad
Telephone Number 5452
Number: 58/100
Date: 8/5/1958
Endowment Letters
Sultan
⟦illegible⟧
Subject Summary ⟦line⟧ Auditing the accounts of the Ezra and Heskel Menachem Daniel Endowments.
To Mr. Munir Dangoor, Assistant Trustee of the Ezra and Heskel Menachem Daniel Endowments
We requested you some time ago to organize the endowment accounts, and we assigned at that time the auditor Shawqi Dallal to conduct an audit of your accounts.
The auditor indicated in his report dated 12/14/54 the necessity of keeping your records using the double-entry method. Upon auditing the accounts
later on, you did not follow the correct required method, but rather continued to follow your first method without paying attention to
the auditor's remarks.
We assigned for a second time last year the auditing of your accounts; however, the illness that afflicted you prevented the auditor from performing
the task in a regular manner, and you were not in a condition that allowed your presence with Mr. Shawqi to review the endowment books. Since
your illness occurred at intervals over a period of a year and a half, it prevented reaching a conclusion for the accounts under discussion.
Therefore, we assigned Mr. Yusuf Dangoor, the Assistant Agent, to perform this task, but he was unable to do so in a
satisfactory manner, which led us to assign Mr. Shlomo Sweih to audit the endowment books in the presence of the agent, Mr. Yusuf Dangoor.
He has indeed performed this task and sent his report to us on 5/6/58. Upon reviewing the report, the following appeared:
Endowments of the late Ezra Menachem Daniel
A - 3156/331 Dinars, expenses according to unregistered receipts, details of which are in Table No. (2).
B - 8869/585 checks drawn to the order of Ezra Menachem Daniel, and their details are not registered in Table No. (3).
Endowments of Heskel Menachem Daniel
A - Expenses according to unrecorded receipts as listed in Table No. (5) amounting to 2759/150 Dinars.
There is a deficit in the two endowments amounting to 2151/509 Dinars. As we believe there must be other receipts in your possession that we have not
found, please search for them with the assistance of the agent, Mr. Yusuf Dangoor, and present them for recording so that we may be clear on the accounts
of the endowment and any amounts that may be your responsibility.
In view of your health condition, the Administrative Committee has decided to grant you a period of one month to settle the surpluses; otherwise, you
are responsible for paying them immediately.
On this occasion, we would like to draw your attention again to know the reasons for not entering these records in the books, as it is a violation
and negligence on your part. We hope you will explain to us the reasons that led to not entering these records in the report you will submit during
the period we decided to grant you. Note that we are not satisfied with your work in general.
We have also decided to suspend the allocations amounting to 10% until we receive your detailed report.
The President
A copy to:
Assistant Agent Yusuf Dangoor to follow up on the case and provide a report to the committee at the end of the month period
granted to Mr. Munir Dangoor to submit his report.
⟦illegible⟧ Yusuf Dangoor
⟦illegible⟧
Administrative Committee of the Jewish Community
in Baghdad
Telephone Number 5452
Number:
Date: 3 / 11 / 1958
Subject Summary: ⟦line⟧
The two parties, the lawyer Mr. Mustafa Al-Ankarli and the Chairman of the Administrative Committee for Iraqi Jews in his official capacity, have agreed
on a fee of forty dinars, half of which (twenty dinars) shall be paid in cash to the aforementioned lawyer, and the remainder shall be paid when
the third-party opposition lawsuit filed by Mr. Emile Saleh Shlomo in the Baghdad Court of Appeal regarding the occupational rent adjudged
against Jassim Nariman is dismissed and the judgment becomes final in favor of the Committee. The Committee may not prevent the aforementioned lawyer from continuing
the proceedings without a legal reason. If he is prevented, or if the parties to the lawsuit settle and abandon the case and it is dropped, the lawyer is entitled to the remaining fee.
In witness whereof, the two parties have signed this agreement. ⟦line⟧
Lawyer
Mustafa Al-Ankarli
Salman Daniel
Chairman of the Administrative Committee for Iraqi Jews
In his official capacity
Republic of Iraq 50 Fils
Republic of Iraq 30 Fils
Undertaking
Lawyer
The Administrative Committee of the Israelite Community
in Baghdad
Telephone Number 5452
Number:
Date: 3 / 11 / 1958
Subject Summary: ⟦line⟧
The two parties, the lawyer Mr. Mustafa Al-Ankarli and the Chairman of the Administrative Committee for Iraqi Jews in his official capacity, have agreed
on a fee of two hundred dinars to be paid by the Committee to the lawyer for dismissing the guardianship lawsuit filed by Emil Saleh
Shlomo Twig. One hundred dinars shall be paid to the aforementioned lawyer in cash, and the remainder shall be paid to him upon the dismissal of the lawsuit and the judgment gaining
finality in favor of the Committee. The Committee has no right to prevent the lawyer from continuing the proceedings without a legal reason, and if prevention occurs
without reason, the mentioned lawyer is entitled to the second fee. If the parties to the lawsuit settle or abandon the proceedings and it is dropped, the lawyer
is entitled to the full fee. For clarification, the two parties have signed this agreement. ⟦line⟧
The Lawyer
Mustafa Al-Ankarli
Salman Daniel
Chairman of the Administrative Committee for Iraqi Jews
in his official capacity
Republic of
Iraq
100 Fils
Personal Status Court in Adhamiya
Deed Number - 37
Date 7 / 2 / 957
The Judge of Personal Status in Adhamiya, Mr. Abdul Rahman Al-Khudair, authorized to adjudicate
in the name of His Majesty the King of Iraq, recorded what follows.
In the Sharia council held in this court, the lawyer Mr. Wahid Amjad Al-Zahawi appeared,
the general agent for Regina Sassoon Saleh Daniel, by virtue of his general power of attorney certified by the Notary
Public of North Baghdad, numbered 1732 and dated 3 / 2 / 1957. He submitted a request dated
4 / 2 / 1957, which includes his request to appoint his client as the trustee over the endowments of her father, Sassoon Saleh Daniel,
endowed by virtue of the endowment deed numbered 156 and dated June 3, 1924, issued by the Judge of
Personal Status in Baghdad. Based on the report signed by Mr. Hussein Al-Sayyid Muhammad
Al-Sadr, Sassoon Abed, and Maurice Jataiyat, directors of the Lawi Company, and Abdul Khaliq Al-Saadoun, a retired colonel,
and Mir Basri, and the Mukhtar of Al-Sinak neighborhood, Abdul Latif bin Salman, and the confirmation of the two witnesses, Mr. Abdul Razzaq
Mubarak and Hussein Muhammad Ali, that the aforementioned Regina is fit to undertake the trusteeship and capable of preserving
and managing the endowed properties. Accordingly, and based on the above, Regina Sassoon
Saleh Daniel has been appointed by the Sharia side as the trustee over the endowments of her father, Sassoon Saleh Daniel, mentioned in the endowment deed referred to
above, and what occurred was recorded upon request. The fee was collected, amounting to five dinars, and recorded under number
51 / 95489 and dated 6 / 2 / 1957
Abdul Rahman Al-Khudair
The Judge
Salim Hussein
The First Clerk
Personal Status Court in Adhamiya
Deed Number - 37
Date 7 / 2 / 1957
The Personal Status Judge in Adhamiya, Mr. Abdul Rahman Al-Khudair, authorized to adjudicate
in the name of His Majesty the King of Iraq, recorded the following:
In the Sharia council held in this court, the lawyer Mr. Wahid Amjad Al-Zahawi appeared,
the general agent for Regina Sassoon Saleh Daniel, by virtue of his general power of attorney certified by the Notary
Public of North Baghdad, numbered 1732 and dated 3 / 2 / 1957. He submitted a request dated
4 / 2 / 1957, which includes his request to appoint his client as the trustee over the endowments of her father, Sassoon Saleh Daniel,
endowed according to the endowment deed numbered 15 and dated June 3, 1924, issued by the Personal
Status Judge in Baghdad. Based on the minutes signed by Mr. Khair Al-Sayyid Muhammad
Al-Sadr, Sassoon Ayed, and Maurice Jinayat, managers of the Lawi Company, and Abdul Khaliq Al-Saadoun, Abdul Moneim,
Mir Basri, and the Mukhtar of Al-Sinak district, Abdul Latif bin Salman, and the confirmation of the two witnesses, Mr. Abdul Razzaq
Mubarak and Hussein Muhammad Ali, that the aforementioned Regina is fit to undertake the trusteeship and capable of preserving
and managing the endowed properties. Accordingly, and based on the above, Regina Sassoon
Saleh Daniel has been appointed by the Sharia as the trustee over the endowments of her father, Sassoon Saleh Daniel, mentioned in the endowment deed referred
to above. What occurred was recorded upon request. The fee of five dinars was collected and recorded under number
51 / 8 / 1954 and dated 6 / 2 / 1957.
Salim Hussein
First Clerk
Abdul Rahman Al-Khudair
Judge
Baghdad Court of First Instance
Personal Matters Court
Case Number - 41 Sh / 55
Date 28 / 7 / 1955
The Baghdad Court of First Instance was formed
Judge - Mr. Sadiq Haidar
On the date / / 195 by its judge, Mr.
Authorized to adjudicate in the name of His Majesty the King of Iraq, and issued its following judgment:
Plaintiff: -
Defendant: -
Mr. Farid Daoud Samra approached this court in his capacity as the President of the Administrative Committee of the
Jewish Community in Baghdad, acting in place of the Lay Council of the aforementioned community, in addition to the Committee,
with his petition dated 26 / 7 / 1955, which states that this court had issued
the deed numbered 33 / 45 Sh regarding the endowment of the properties mentioned therein belonging to Ezra Menachem Daniel
under the conditions mentioned therein. And that the aforementioned endower had reserved the trusteeship of this endowment for himself
as long as he lived, and after him, the trusteeship would transfer automatically to the Lay Council or whoever takes its place.
And since the aforementioned endower died in the year 1952, and the Lay Council has the right to be
the trustee. And since the Administrative Committee is the one acting in place of the Lay Council, he requests the issuance of
a legal deed making the Administrative Committee of the Jewish Community in Baghdad the trustee of this endowment.
Based on this request, the court reviewed the endowment deed issued by this court
under number (33 / 45 Sh) and dated 25 / 2 / 1945, which states that Ezra Menachem Daniel had endowed
207 out of 504 shares of seven properties whose descriptions are detailed therein. It appeared that this deed
regarding the trusteeship stipulated that the trusteeship be placed in the hands of the aforementioned endower as long as he lived, and he also reserved
for himself the right to appoint, under the conditions he sees fit, a trustee or two trustees for the mentioned endowment during his lifetime, by
restricting the trusteeship to a specific person or persons, and he may also appoint a legal person for the trusteeship, provided that
the trusteeship transfers after him automatically to the Lay Council of the Jewish Community in Baghdad
or whoever legally takes its place in the event that a trustee or two trustees were not appointed for the mentioned endowments during
his lifetime.
The court also reviewed the legal inheritance certificate issued under number 24 / 52 Sh and dated 21 / 4 / 52
concerning the death of the endower Ezra bin Menachem Saleh Daniel, and the court heard the testimony of both witnesses
Sassoon Khedhouri Ovedia and Yaqub Saleh Elias, which confirmed that the endower in question died
in the year 1952.
It also reviewed the Ministry of Justice order number 1944 dated 24 / 11 / 53, which includes
the formation of a committee to carry out the administration of what was entrusted to the Lay Council of the Jewish Community to perform according to the
Community Law of 1931, consisting of five persons whose names are recorded in the mentioned order, including Mr. Farid
Daoud Samra. It also reviewed the letter from the Presidency of the Jewish Community in Baghdad to the Ministry of Justice
under number T / 240 / 53 dated 30 / 11 / 53, containing the committee's decision to elect Mr. Farid Daoud
Samra for it.
- To be continued -
Baghdad Court of First Instance
Personal Matters Court
Case Number - 41 Sh / 1955
Date 28 / 7 / 55
The Baghdad Court of First Instance was formed
Judge Mr. Sadiq Haidar
On the date / / 195 by its judge Mr.
Authorized to adjudicate in the name of His Majesty the King of Iraq and issued its following judgment:
Plaintiff: -
Defendant: -
- 2 -
The Decision - Accordingly, and for the mentioned reasons, and whereas the endowment deed under discussion stipulated that the
guardianship shall transfer after the death of the endower Ezra Menahem Daniel automatically to the Lay Council
of the Jewish Community in Baghdad or whoever legally replaces it in the event that a trustee or trustees were not appointed for
this endowment during the lifetime of the endower. And whereas it has not appeared to the court that the mentioned endower had appointed a trustee
or trustees for his endowment during his lifetime, and whereas it has been verified from the Sharia distribution and the testimony heard
the death of the mentioned endower, and based on what was stated in the order of the Ministry of Justice and the letter of the Administrative Committee referred to
above, it has therefore decided to consider the Administrative Committee of the Jewish Community in Baghdad, acting in place of
the Lay Council of the mentioned community, as the trustee over the Ezra Menahem Daniel endowment issued
by the endowment deed number 33 / 45 Sh and dated 25 / 2 / 45
And this deed was issued on the day 28 / 7 / 1955
Judge
⟦stamp with portrait and text⟧
50 Fils
134 / 44 Sh
The Judge -: Mr. Abbas Sakara
The Endower -: Ezra Menahem Daniel
On this day, Ezra Menahem Daniel appeared, and after being identified by the identification witnesses Ezra
Meir Baruch and Victor Daoud, he stated the following:-
I, the undersigned, Ezra Menahem Daniel, of my own free will and choice, and in full possession of my mental faculties and maturity, have agreed to remove
seven pieces, which are the properties belonging to me numbered Tapu sequence 4/1/212, 4/166, 1/1/212,
5/212, 4/212, 3/166, and 1/166 located in the Sinak neighborhood in Baghdad, from my private ownership
and to endow them as a valid, final, and perpetual endowment, and I have made them an endowment for the rest of the soul of my late brother Heskel Menahem
Daniel. I have assigned the trusteeship over it to myself for as long as I am alive, and I have reserved for myself the right to appoint a trustee
or trustees over the mentioned endowments throughout my lifetime, provided that the trusteeship shall pass after me automatically
to the Lay Council of the Jewish Community in Baghdad or whoever legally takes its place in the event that no
trustee or trustees are appointed over the mentioned endowments during my lifetime. The trustee shall, in all cases, be obligated
to perform the following matters:-
First - To take, as soon as possible and appropriate, a portion of the aforementioned endowed properties to establish a school
thereon to be named after my late brother Heskel Menahem Daniel, in which professions, crafts, and trades shall be taught
to poor and underprivileged Jewish females. It is permissible to establish in the mentioned school at the same
time or later a workshop for the purpose of conducting practical applications of the mentioned professions, crafts, and trades
in a practical manner.
Second - To invest all the endowed properties until the date of the establishment of the mentioned school and what remains of them after
the establishment of the school, and to spend the yield: first, on paying government and municipal fees and taxes; second, on
carrying out repairs and renovations in the endowed properties, including the school building if it has
been established; third, on paying the trustee's fee or the fees and expenses of managing the endowed properties in the event
that no fee is paid to the trustee as will be explained below; fourth, to keep the remaining amounts
from the yield obtained before the establishment of the school for the purpose of spending them on its establishment later; fifth, to keep
every year after the establishment of the school an appropriate amount to be set as a reserve for emergencies; sixth, to spend
the surplus of the yield on the management of the school and the workshop in all aspects and on spending all necessary amounts
for the education and teaching of the female students therein and on other charitable causes that the trustee has been authorized
to carry out according to the conditions mentioned below.
Third - The trustee, if he sees the interest of the endowments, may exchange a part or all of the endowed properties, including
the school itself, for other properties in Baghdad to be used as a more suitable school or for investment under
more beneficial conditions. If he replaces the school itself, he must establish in its stead a school more suitable
for the purpose for which it was established, and he may purchase from the yield other properties adjacent to the properties
- 2 -
endowed or from outside it, whether for the purpose of exploitation or for the purpose of establishing a school on it, on the condition
that it be endowed under the same conditions listed in this endowment deed. He also has the right to rent any other place he deems
suitable to be used as a branch for the school under discussion and to spend on it if there is a surplus in the yield.
In all cases, the school or its branches must be named after my late brother, Heskel Menachem Daniel.
Fourth - The trustee may invest the surplus yields available to him at the time by depositing them in banks or
by lending them against strong securities or by investing them in shares, stocks, financial bonds, and other
means that possess trust and reliability.
Fifth - The trustee may borrow sums of money for the purpose of construction and establishment on the endowed properties
on the condition of ensuring the repayment of the borrowed amounts and their interest from the endowment yield within a specific period, taking into
account the provision of expenses for managing the school in a regular and permanent manner.
Sixth - The trustee may carry out the following charitable matters for poor and needy students of the Israelite
community and allocate the amounts to be spent for this purpose.
(a) Spending on students who are decided to be taught certain industries and professions in other industrial
schools inside Iraq.
(b) Sending students outside Iraq, whether the delegates are male or female, from the school
or outside it, for the purpose of complete specialization in one of the industries for which they have
a special aptitude, and spending on them according to conditions he specifies. These students must
return to Iraq to practice their profession therein.
(c) Purchasing professional and industrial tools and equipment for some students graduating from the school
under discussion for use in the profession or craft in which they specialize under
certain conditions.
(d) Clothing and feeding students who are in need of that.
(e) Accepting students other than the poor under conditions he decides if he sees an interest in that.
Seventh - The trustee may change the school into an industrial or vocational school for males if it is proven to him after trials
and tests that an industrial school for females does not provide the required benefit. He may also establish
another industrial school for males under the same conditions while keeping the industrial school for girls if
he deems it appropriate and the surplus of the endowment yield allows for that after securing the needs of the
aforementioned female school, provided that he always has the right to establish in the mentioned school or schools a workshop
for the practical application of lessons in professions, industries, and crafts, and provided that the mentioned
school, schools, workshop, or workshops and their branches, if any, are always named after my late brother
Heskel Menachem Daniel.
_ 3 _
Eighth - After the transfer of the trusteeship to the Lay Council of the Israelite community in Baghdad, the Council shall perform
the duties of trusteeship listed in this endowment deed, and it is mandatory for it, in addition to that, to carry out the following matters:
A - To keep the documents, supporting papers, reserve amounts, and the surplus of money that
is obtained from the yield of the endowments and deposit them in banks under a special name and title for the mentioned endowment.
B - Forming a special committee for the purpose of managing the school, provided that the number of members, the duration of work,
the nature of its work, its powers, its duties, and other matters related to it and how to carry out its work shall be decided by a special decision
of the Lay Council. The committee's work shall be subject to the supervision and inspection of the trustee permanently.
The committee shall perform the following actions in implementation of the purpose intended by the endower:
1 - Managing the school, appointing teachers, employees, and servants, determining their salaries,
setting the conditions of their employment, paying their salaries, purchasing supplies, and performing other matters
related to school affairs and teaching therein, and developing the spirit of cooperation and sacrifice in
the female students and instilling good morals in them, and everything that would improve the condition of the girl
and make her happy by giving her the necessary qualifications to enable her to earn her living freely in life.
2 - Organizing an annual budget showing the estimation of revenues and the allocation of expenditures needed by
the committee to carry out its mission, and organizing the annual curriculum and presenting them to the trustee for
approval before starting their implementation.
3 - Deciding on the implementation of the charitable matters set forth in item six above and determining the conditions for that.
C - Based on the proposal of the school management committee to the trustee, appointing an agent authorized with the necessary powers
to manage the endowed properties, exploit them, develop them, and restore them for a lump sum or
proportional fee as required. In this case, the committee must supervise the work of the agent,
audit him, and certify his final accounts at the end of each year, and then submit them by him to
⟦the Council⟧.
D - The trustee's decision regarding borrowing mentioned in item five above, as well as regarding
carrying out any of the matters mentioned in item seven above, is subject to obtaining
the approval of both the committee and the Lay Council independently, and the ratification is completed with the approval of two-thirds
of the members originally appointed or elected in both the committee and the Council.
Ninth - I reserve for myself, when appointing a trustee or trustees over the endowed properties during my lifetime,
the right to decrease or increase the rights and powers of the trustee or trustees appointed by me regarding all matters
listed in item eight above.
Tenth - As long as the trusteeship is restricted to my hands, I have the right to receive a trusteeship fee of seven and a half percent of
the yield of the endowed properties after deducting government and municipal fees and taxes, and I also have the right to determine a trusteeship fee
109 / 946 Sh
Personal Status Court in Baghdad
The Judge - Mr. Daoud Al-Orfali
Ezra Menachem Daniel appeared after being identified by the identification witnesses, lawyer Salman Shina and Victor Daoud.
He stated, while in full possession of his mental faculties, maturity, obedience, and choice, the following =
I have agreed to remove the four plots, which are the properties belonging to me numbered Tapu sequence 97 and 98 / 13 and 16 / 1
and 20 / 16 located in the Al-Bataween neighborhood of Baghdad, from my private ownership and to dedicate them as a valid, final, and perpetual endowment (waqf),
and to annex them to the properties endowed under the decree issued by the Personal Status Court in Baghdad under number 134 / 44 Sh
dated 10 / 9 / 944, under the same endowment conditions listed in the aforementioned decree and with all amendments and rulings that have been issued
and are issued from time to time regarding the aforementioned endowment deed during my lifetime, provided that they be an integral part of that endowment and that
all its rulings and conditions apply to them without restriction or condition and without exception. I have placed the guardianship (tawliya) over them under the same conditions, rulings, and manner stipulated
in the endowment deed discussed for me as long as I am alive, and that it shall transfer after me automatically to
the Lay Council of the Jewish Community in Baghdad or whoever legally takes its place in the event that a guardian or guardians are not appointed over
the aforementioned endowments during my lifetime, and that I reserve the right to enjoy the same powers granted to me in clauses nine and ten
of the endowment deed referred to above.
Accordingly, he requested the issuance of the aforementioned endowment deed. Therefore, based on the foregoing, the validity of the aforementioned endowment has been ruled according to the conditions
listed above, and accordingly, what occurred was recorded upon request on 14 / 7 / 46.
The Judge ⟦line⟧
⟦illegible stamp⟧
⟦Revenue stamp with portrait of King Faisal II⟧
Notification Number / 28 / Personal / 1956
The Court of Cassation of Iraq was formed on 11/7/1956 in 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 Khalid, Abdul Jalil Barto, Saadi Mufti Suleiman,
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 /
The Appellant / Deputy Trustee / Emil Saleh Shlomo according to his trusteeship over the endowments of Menahem and Sassoon Daniel in addition to his post
The Appellee / The Defendant / Director of Endowments of Baghdad Region in addition to his post
2- The third person, the head of the Administrative Committee of the Jewish Community in Baghdad
in addition to his post
Emil Saleh Shlomo, the trustee of the Menahem and Sassoon Daniel endowments, claimed before the Personal Status Court in Baghdad that
the following legal arguments and notifications had previously been issued:-
1) The argument issued by the Baghdad Court on 9 Shawwal 1336 under number (181) and registered at the Baghdad Endowments Department
on March 29, 1919.
2) The legal argument issued by the Sharia Court of Baghdad on 8 Shawwal 1336 under number (179) and registered at the Endowments Department
of Baghdad on March 24, 1919.
3) The argument issued by the Sharia Court of Baghdad on 19 Dhu al-Qi'dah 1343 under number (151).
4) The argument issued by the Sharia Court of Baghdad on 28 Rabi' al-Thani 1347 under number (311).
5) The argument issued by the Sharia Court of Baghdad on 14 Dhu al-Qi'dah 1343 under number (157).
6) The notification issued by the Baghdad Court on 3/7/924 under number (8) in notification 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 applied to the Personal Status Court requesting an amendment to the endowment conditions. The mentioned court issued
the legal argument numbered 87/935 on 17/8/35, and it was mentioned therein that it came to remove the ambiguity and vagueness contained
in the endowment argument and because that does not touch the essence of the endowment and its basic conditions. While the mentioned argument included basic
conditions affecting the essence of the endowment and because the two endowers did not stipulate in the endowment the right to change and substitute, and since the two trustees do not have
the right to amend its conditions, therefore the judge may not violate the conditions of the endower unless the conditions cause the suspension of the endowment or the loss of the interest
of the beneficiaries. Accordingly, the mentioned legal argument was issued contrary to the Sharia. The plaintiff requested against the summoning of the defendant,
the Director of Endowments of Baghdad in addition to his post as the temporary opponent, and a judgment to invalidate the mentioned legal argument numbered
87/35 regarding the additional conditions not stipulated in the original endowment and to charge him the costs.
During the proceedings, the head of the Administrative Committee of the Jewish Community in Baghdad and the Public Prosecutor of the Spiritual Council
of the community were entered as a third party in the lawsuit. Because the judgment to be issued affects the interest of the community, and on 10/2/1955
under number 102/955, it issued a judgment in presence providing for the amendment of the legal argument subject of the lawsuit as follows:-
⟦illegible⟧
⟦signature⟧
⟦stamp⟧
File Number / 28 Personal / 1956
- 2 -
1) Cancellation of paragraph (c) of the second item regarding the spending 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 revenues of
the endowment ⟦line⟧) and ends with the phrase (⟦line⟧ regarding the preparation of the annual budget for the school administration and under the same
conditions specific to it).
3) Cancellation of paragraph (e) of the second item regarding the opening of a section or sections in the (Gan Yeladim) school, which begins with the phrase
(And if a surplus is obtained from the endowment revenues after paying all these expenses ⟦line⟧) and ends with the phrase (⟦line⟧ and moving
their feeding and clothing if the need arises).
Thus, the second item regarding the spending of the endowment shall 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 everything contained in this deed except for the aforementioned
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 13 / 10 / 55 under numbers 47 and 48 / Personal / 55 to overturn the appealed decision regarding (the paragraph related to canceling the order of
maintaining the 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 Matters decided on 5 / 12 / 1955 to follow the decision of
the Court of Cassation and cancel paragraphs (c and d) of the Sharia deed subject of the lawsuit only, and to charge both parties with the costs.
The plaintiff appealed the aforementioned decision, and an appeal was registered on 8 / 4 / 1956 under number 6 / Personal / 56. Due to the appellant's
— the plaintiff's — lack of conviction in the aforementioned cassation decision, he requested its correction and paid the legal security 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
reasons for correction mentioned in the amended Article Four of the Law of Civil Procedure, 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. Therefore, it was decided to reject the request and record
the security as revenue for the treasury. The decision was issued unanimously on 11 / 7 / 1956.
True Copy
⟦signature⟧
First Deputy
I received a true copy
on 29 / 7 / 1956
on behalf of the lawyer ⟦illegible⟧
⟦signature⟧
50 Fils
Tapu Form (27)
Special form for copies of records
Details of Tapu Records | Liwa (Province) | Qada (District) | Nahiyah (Sub-district) | Mahalla or Village | Street | Portfolio Number | Door Number | Plot Number | Section Number | Section Name | Area Name | Area
Registration Number: 2 | Volume: 66 | Registration Date: 1925 August 27 | Liwa: Baghdad | Mahalla or Village: Sinak | Street: Tanaha | Door Number: 1/12 | Square Meter: 29 | Olak: 9
Heskel Effendi son of Menachem Effendi Salih Daniel from
The Iraqis
Abstract rights and مقر (acknowledged)
Boundaries: Front: The newly created public road
Right: House of the second detachment belonging to the property owner
Left: Rear: Orchard of the Waqf of Haj Khalil Arush 1/12
Type: Vacant land (Arsa) | Category:
Transferred from which ledger: Registration Number: 198 | Volume: " | Registration Date: ⟦illegible⟧
Value: 6500 Dinars | Consideration:
Notes: This property (raqaba) following 7 and previously bounded front and left by the public road
right by the orchard of the Waqf of Sayyid Abdullah Effendi and behind by the orchard of the Waqf of Al-Haj Khalil
Arush and according to the Tapu deed numbered 198 and dated June 1924 the following is
sole ownership under the disposal of Heskel Effendi son of Menachem Effendi Salih Daniel
by vacant land purification ⟦illegible⟧
This copy matches its record and a sum of 500 Fils has been collected for inspection and recording fees and recorded as revenue under number 459 and date 7/7/⟦illegible⟧ from the daily ledger of the Baghdad Liwa Tapu
Official of Records and Registers
⟦stamp⟧
Tapu Form (37)
Special form for record copies
Tapu Record Details | Liwa | Qada | Sub-district | Village | Street | Page Number | Door Number | Plot Number | District Number | District Name | Area Name | Area | Type of Property
Registration Number | Volume | Registration Date | Baghdad | Baghdad | ⟦illegible⟧ | ⟦illegible⟧ | ⟦illegible⟧ | 166/10 | ⟦illegible⟧ | ⟦illegible⟧ | ⟦illegible⟧ | ⟦illegible⟧ | Donum | Olak | Square Meter
1 | 66 | 854 / 855 | ⟦illegible⟧ | ⟦illegible⟧ | ⟦illegible⟧ | ⟦illegible⟧ | ⟦illegible⟧ | ⟦illegible⟧ | ⟦illegible⟧ | ⟦illegible⟧ | ⟦illegible⟧ | ⟦illegible⟧ | ⟦illegible⟧ | ⟦illegible⟧ | ⟦illegible⟧
Disposal Limits: Haskeel Shamoun bin Saleh Haskeel and Laila Lulu bint
Abstract Rights and Aqar: To him - throughout the year according to the statement and half the area of the land through which it passes
Restrictions: The door - the percentage of the public road created according to Article Ten
From which transfer book: Baghdad Al-Rusafa Tapu Office
Registration Number: 198
Volume: ⟦illegible⟧
Registration Date: 1944
Descriptions: A house containing two rooms, a hall, a kitchen, a bathroom, and a toilet
Deed Status: Tapu
Map Number: ⟦illegible⟧
Gender/Category: House
Type: Freehold (Mulk)
Method of Disposal: The aforementioned share, amounting to one hundred and fifty square meters, has been transferred to the owners according to the Sharia distribution issued by the Personal Status Court in Baghdad numbered ⟦illegible⟧ and dated ⟦illegible⟧ and registered in the records of this office
Value: 10000
Consideration: ⟦illegible⟧
This copy is identical to its record, and a fee of 250 fils has been collected for the examination and recording fee, and it was recorded as revenue under number 161 and date 6/8/58 from the ⟦illegible⟧ Tapu daily ledger
Officer of Records and Entries
⟦stamp: Baghdad Tapu Office⟧
In the name of the elders
In the name of the Afar
The thrifty ones according to transaction number ⟦illegible⟧ and on
After one year from now has passed
⟦illegible stamp⟧
⟦illegible stamp⟧