AI English Translation, Pages 76-100
- 2 -
During the proceedings, the Chairman of the Administrative Committee of the Jewish Community in Baghdad and the Acting
Chairman of the Communal Council of the Community joined the lawsuit as a third party. This is because the judgment issued accordingly
was issued on 10/7/55 under number 102/55 as a presential judgment ruling to amend the Sharia deed
subject of the lawsuit according to the following:
1 - Abolishing paragraph (c) of the second item regarding the expenditure of endowment revenues on teaching sciences
and arts.
2 - Abolishing 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 - Abolishing paragraph (e) of the second item regarding the opening of a branch or branches in the (⟦Kasan⟧
Mildim) school, which begins with the phrase (And if a surplus from the endowment revenues occurs after paying all these expenses)
and which 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) are considered non-existent in the deed. The court also decided not to interfere with everything contained in
this deed except for the aforementioned paragraphs, dismissed the plaintiff's claim regarding them, and charged both parties with the expenses.
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 44 and 47 / Personal / 55 to overturn the appealed decision
regarding (the paragraph concerning the abolition of the matter of preserving reserve amounts in the manner decided by the
Communal Council) and to amend the appealed decision regarding the other paragraphs. Upon returning the papers and the proceedings,
the Personal Status Court decided on 5/12/55 to follow the decision of the Court of Cassation and abolish paragraphs (c and e) from
the Sharia deed subject of the lawsuit only, and to charge both parties with the expenses. The plaintiff appealed the aforementioned decision, and it was
affirmed on appeal on 8/4/56 under number 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 on 17/6/56.
The Decision - Upon examination 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 mentioned in the request brief had been mentioned in the cassation brief previously and was rejected by the Court of
Cassation during its examinations. Therefore, it was decided to reject the request and record the security as revenue for the treasury. The decision was issued by consensus
11/7/56
File Number 28 Personal 56
The Court of Cassation of Iraq was formed on 11 / 7 / 56 in 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 Barto, 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.
The Appellant - Petitioner for correction - Emile ⟦Saleh⟧ Shlomo, according to his trusteeship over the endowments of Menahem and Sasson
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 of the Israeli Community in Baghdad
in addition to his post
Emile Saleh Shlomo, the trustee of the Menahem and Sasson Daniel endowments, claimed before the Court of Personal
Status in Baghdad that the following legal deeds and notifications were previously issued.
1 - The deed issued by the Baghdad Court of First Instance on 9 Shawwal 1336 under number (181) and registered
at the Baghdad Endowments Department on March 24, 1919
2 - The Sharia deed issued by the Sharia Court of Baghdad on 8 Shawwal 1336 under number (179)
and registered at the Baghdad Endowments Department on March 24, 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 / 924 under number (8) in file
156
And these deeds 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 Court of Personal Status requesting the amendment
of the endowment conditions. The mentioned court issued the Sharia deed numbered 87 / 935 on 17 / 8 / 35
It was stated 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 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 the condition leads to the disruption of the endowment or the loss
of the interest of the beneficiaries. Accordingly, the mentioned Sharia deed would have been issued contrary to Sharia. The
plaintiff requested, after bringing the defendant, the Director of Baghdad Endowments, in addition to his post as the temporary opponent,
the ruling to invalidate the mentioned Sharia deed numbered 87 / 35 regarding the additional conditions not stipulated in
the original endowments and to charge him the costs.
- To be continued -
- 2 -
During the proceedings, the President of the Administrative Committee of the Israeli Community in Baghdad, and the Acting
President of the Lay Council of the community, entered as a third party in the lawsuit, because the judgment to be issued affects his rights.
On 10/7/55, under No. 102 / 55, a judgment in presence was issued, ruling to amend the Sharia deed
subject of the lawsuit as follows:
1- Cancellation of paragraph (c) of the second clause regarding the expenditure of the endowment's revenues on teaching sciences
and arts.
2- Cancellation of paragraph (d) of the second clause 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 clause regarding the opening of a branch or branches in the (⟦Kislan⟧
Hildim) school, which begins with the phrase (And if a surplus is obtained from the endowment revenues after paying all these expenses)
and which ends with the phrase (...and on their feeding and clothing forever as long as the need for that exists).
Thus, the second clause regarding the expenditure 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, dismissed the plaintiff's claim regarding them, and charged both parties the costs.
The President of the Israeli 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 the cancellation of the order to maintain 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 documents 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 charged both parties the costs. The plaintiff appealed the mentioned decision, and it was
upheld in cassation on 8 / 4 / 56 under No. 2 Personal 56. Due to the lack of conviction of the appellant - the plaintiff - with the mentioned cassation decision,
he requested its correction and paid the legal security 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 amended fourth article of the Law of Civil Procedure.
Furthermore, what was 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 by consensus
11/7/56
Number 57/4765
57/1824
1864
57/95
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
Note - To be added before presentation: I bought it recently
for the playground
Petition to endow the playground
His Excellency the Personal Status Judge in Baghdad, respected
The Subject
I, the undersigned, Ezra Menachem Daniel, by my own free will and choice, and in full possession of my mental faculties and maturity, have removed from
my ownership fifteen pieces of land located in the Battaween neighborhood of Baghdad, land registry sequence numbers
324/502, 324/503, 324/504, 324/505, 324/506, 324/507, 324/508,
324/509, 324/510, 324/511, 324/512, 324/513, 324/514, 324/515, and
324/516, and I have endowed them as a valid, final, and eternal endowment to be used as a playground for sports for the students of the schools of
the Jewish community, provided that it be named after me, and I have assigned the guardianship over it to the Communal Council of the
Jewish community in Baghdad or any other body that has the right to represent the Jewish community in Baghdad in the absence
of such a council, under the following conditions:-
1) The guardian may, when necessary, establish on the endowed plots a school or schools, and an institute or institutes for educational,
health, industrial, vocational, or technical purposes, provided that the sports aspect for the community's schools is secured to the
necessary extent, whether on the endowed lands or elsewhere. In all cases, such schools or
institutes must be named after me.
2) The guardian has the right to purchase other properties adjacent to the endowed property or outside of it and annex them to the aforementioned endowment under the same
conditions listed in this endowment deed.
3) The guardian has the right to exchange the endowed plots for others if it is proven to him that the exchange is more beneficial for the purpose for which
the mentioned plots were endowed.
4) The guardian shall entrust the management of the playground or any other institution established on the endowed plots to a committee
under his supervision.
Therefore, I request the issuance of the legal notification confirming the validity of the aforementioned endowment. Please accept my highest respect;
The Petitioner
Ezra Menachem Daniel
Baghdad / June 6, 1948
Presented / 7 / 6 / 1948
Saleh Shalsur
Baghdad on 1954/1/19
His Excellency the Chairman of the Administrative Committee of the Jewish Community in Baghdad, respected
After greetings
Regarding your letter No. 53 dated 1954/1/4, and in view of the discussion that took place with your esteemed committee
on 1954/1/17, we would like to state to your Excellency the following: -
The administration of the late Ezra Daniel was the one that collected the rents and paid the necessary expenses
for his endowments, whether before the death of the deceased or after it. Also, all its accounts are held by the said administration
and your esteemed committee can direct what was stated in your letter referred to above to the agent of the administration of Ezra Daniel's heirs so that he may
enlighten you with the required information since I have no involvement in its accounts as I previously mentioned above.
As for the transactions that were conducted by me, they were the signing of a portion of the lease papers concluded
with the tenants during the life of the late Ezra - as for after his death, please note the following: -
1 - All lease contracts for the shops whose rent became due after the death of the deceased, the renewal was carried out by
the assistant trustee of the Ezra Menahem Daniel endowments.
2 - As for <del>the piece</del> transactions carried out by me, they were the leasing of shop 247/1/2 for the 6th month from 11 Rajab
1371 and making some adjustments to the lease papers that were concluded during the life of the late Ezra in view of
the current economic situation for the tenants of shops 44/247, 54/247, 56, 28, or 12 or 13, and these
adjustments are also known to the administration of the late Ezra Daniel.
247 and 2/247
Please accept the highest respect
Saleh Shalsur
True copy.
⟦illegible⟧
Baghdad Court of First Instance
Baghdad Personal Matters Court
Case Number - 24 / 52 / 19
Judge - Mr. Abdul Rahman Al-Bazzaz
On March 3, 1952, Ezra bin Menachem bin Saleh Daniel (known
as Ezra Menachem Daniel) passed away, and his inheritance was restricted to his two cousins, namely Khedhouri (nicknamed Frederick)
and Selim, the sons of Sassoon Saleh Daniel, and there are no heirs other than them according to the statement submitted
by the Mukhtar of the Al-Senak neighborhood dated 4/8/1952, supported by the testimony of Daoud Haroun
Daoud Nawi and Ibrahim Moshi Haroun Khalaji. Therefore, the inheritance matter is valid from two shares,
for each of the sons of his uncle, Khedhouri (nicknamed Frederick) and Selim, the sons of Sassoon Saleh
Daniel, one share in accordance with the Sharia obligation. At the request of the heirs, this Sharia distribution of inheritance was organized.
Written on 4/21/1952
Judge
Court of First Instance
Personal Status Court in Baghdad
File Number 24 / 1952
Judge - Mr. Abdul Rahman Al-Bazzaz
On March 12, 1952, Ezra bin Menachem bin Saleh Daniel (known as Ezra Nahim Daniel) died
And his inheritance is limited to his two sons, namely Khedhouri (nicknamed Frederick) and Salim, the sons of Sassoon Saleh Daniel, and there is no heir other than them
According to the statement submitted by the Mukhtar of Al-Sinak district on 8 / 4 / 1952 and supported by the testimony of both Daoud ⟦...⟧
Haroun Daoud Nawi and Ibrahim Moshi Haroun Khalaschi, and therefore the inheritance matter is correct from two shares, for each of
the children ⟦...⟧ Khedhouri (nicknamed Frederick) and Salim Sassoon Saleh Daniel one share according to the Sharia obligation and upon the request of
the heirs, this Sharia distribution was organized in writing on 21 / 4 / 952
Judge ⟦line⟧
Court of First Instance
Court of Personal Status in Baghdad
Case Number 1952/24
Judge - Mr. Abd al-Rahman al-Bazzaz
On March 13, 1952, Ezra bin Menachem bin Saleh Daniel (known as Ezra Menachem Daniel) passed away
And his inheritance is limited to his two cousins, namely Khedhouri (nicknamed Frederick) and Selim, the sons of Sassoon Saleh Daniel, and there are no heirs other than them
As stated in the statement submitted by the Mukhtar of the Al-Senak neighborhood dated 4/8/1952 and supported by the testimony of both Dawood
Haroun Dawood Nawi and Ibrahim Moshi Haroun Khalaschi, and therefore the inheritance matter is correct from two shares for each one of
his cousins Khedhouri (nicknamed Frederick) and Selim Sassoon Saleh Daniel, one share according to the Sharia law, and upon the request of
the heirs, this Sharia distribution of inheritance was organized in writing on 4/21/1952
Judge ⟦line⟧
⟦illegible stamp⟧
File Number 53 / 955 / Sh
Personal Status Court in Baghdad
The Personal Status Court was formed on 2 / 11 / 955 by its judge Mr. Sadiq Haydar
authorized to adjudicate in the name of His Majesty the King of Iraq and issued the following permission 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
16 / 10 / 1955 in which he stated that the following six properties: First, the house located in the Bab
al-Agha district on Al-Aqouliya Street in Baghdad; Second, the two shops located in the Bab al-Agha district on Al-Safafeer Street
in Baghdad; Third, one-eighth of the Khan known as Khan Jaghan located in the Bab al-Agha district in the Customs Market in Baghdad;
Fourth, (24) shares out of (105) shares of the aforementioned Khan Jaghan; Fifth, four-fifths
of the two houses located in the Al-Tatran district, the first on Mosque Street and the second on Al-Jawl Street in Baghdad; and Sixth,
half of the compensation property located in the Souq al-Ghazal district on Al-Attarin Avenue in Baghdad. All these properties
are from the endowments of Menahem and Sassoon, the sons of Saleh Daniel, and were under the trusteeship of Ezra Menahem Daniel and Saleh
Shlomo Abdullah. When the former passed away, Saleh Shlomo Abdullah remained as the sole trustee over these endowments.
The aforementioned trustee passed away in late 1954 without spending the amount of revenue spent on
the charitable purposes designated in the endowment deeds, and he did not specify before his death the remaining revenue amounts under
his disposal; therefore, his estate is responsible for what his heirs have not proven was spent by their predecessor according to the endowment conditions.
Since one of the heirs of the aforementioned trustee Saleh Shlomo Abdullah is his wife Regina daughter of Sassoon
Saleh Daniel, representing the estate into which her predecessor had incorporated the mentioned endowment revenues.
And since the Lay Council of the Jewish Community (whose place was taken by the Administrative Committee
of the aforementioned community) has the right of supervision and oversight over the charitable endowments of the community according to the Sharia 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 someone who incorporates any endowment funds into their liability
except after obtaining permission from this court.
Therefore, in his aforementioned capacity, he requests to be granted permission to file a lawsuit against the estate of the previous trustee
Saleh Shlomo Abdullah to protect the endowment funds from loss, and that the amounts the community believes are
owed by the aforementioned previous trustee are not less than sixty thousand Dinars.
Based on this request, the Court has reviewed the Sharia deed issued by this court
under number 87 / 935 and 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 appears that this deed covered the properties endowed above and specified the descriptions of the endowment deeds
issued for them, which is the Sharia deed issued on 6 Shawwal 1336 registered in Register No.
(1) under number 181 and recorded in the Endowments Directorate in Baghdad on March 24, 1919, and the deed issued
- to be continued -
Court of First Instance
Personal Status Court in Baghdad
Information Record No. 24 / 952 / 1
Judge ⟦line⟧ Mr. Abdul Rahman Al-Bazzaz
On March 12, 1952, Ezra bin Menachem bin Saleh Daniel (known as Ezra Nahim Daniel) passed away
And his inheritance was limited to his two sons, Khedhouri (nicknamed Frederick) and Selim, the sons of Sassoon Saleh Daniel, and there is no heir other than them
According to the statement submitted by the Mukhtar of the Al-Senak neighborhood dated 4/8/1952 and confirmed by the testimonies of each of Daoud ⟦...⟧
Haroun Daoud Nawi and Ibrahim Moshi Haroun Khalaschi, and therefore the inheritance matter is valid from two shares for each of
The sons from him, Khedhouri (nicknamed Frederick) and Selim Sassoon Saleh Daniel, one share according to the Sharia obligation and upon the request of
the heirs, this Sharia distribution of inheritance was organized in writing on 4/21/1952
The Judge
- 2 -
from Baghdad Sharia Court dated 8 Shawwal 1336, registered in record No. (1) under No. 179 and page
69, and registered at the Baghdad Endowments Department on 24 March 1919, and the Sharia deed issued by the
Baghdad Sharia Court on 14 Dhu al-Qi'dah 1342, registered in record No. (4) under No. 151,
and the Sharia deed issued by the Baghdad Sharia Court on 28 Rabi' al-Thani 1342, registered in
record No. (4) under 311 and page (83), and the Sharia deed issued by the Baghdad Sharia Court on
14 Dhu al-Qi'dah 1342, registered in record No. (4) under No. 152, and the notice issued by the
Baghdad Court of First Instance on 3 June 1924 under No. (8) with file 156.
And whereas it has been verified by the court from Ministry of Justice Order No. 1944 dated 24/11/953
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 verified from the letter of the Community Presidency addressed to the Ministry of Justice No. T/3240/53
dated 30/11/953 that the petitioner Mr. Farid Daoud Samra has become the head of this committee,
and it was also verified that the Administrative Committee in its session held on 24/10/955 decided to file a lawsuit
for the amount of sixty thousand dinars against the estate of Saleh Shlomo Abdullah, the former trustee of the Menahem and Sassoon
Daniel endowments, and authorizing the head of the aforementioned committee to approach this court to obtain the required permission
to file the lawsuit.
And whereas the Sharia deed 935/87 referred to above gave the Lay Council
the right of supervision and oversight over these endowments, and Article 7 of the Jewish Community Law
in Baghdad No. 77 of 1931 made the Lay Council's duties include the supervision of the properties
endowed for charitable purposes, the Lay Council thus becomes the supervisor of these endowments by virtue of the endowment contracts
and by 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 guardianship
over endowments, and whereas the endowment has no independent financial liability and the debt is initially established against the custodian, so if the custodian dies, the owner
of the observatory funds may claim what he spent with his permission from his estate, and his heirs also have that right after him, and he does not claim against the new
trustee, but rather the claim is made by the heirs of the first trustee.
And whereas granting permission to the Lay Council to file the lawsuit against the estate of the former trustee regarding the revenues
of the endowment 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 whose estate the lawsuit is intended to be filed against, as there is an avoidance of liability in that.
Therefore, and for the verification of the Sharia reason for the request and in view of the interest of the endowment, the court has hereby decided to grant
permission to the petitioner Mr. Farid Daoud Samra in his capacity as head of the Administrative Committee of the Jewish Community in Baghdad
(acting in place of the Lay Council of the mentioned community), the supervisor 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 as a liability of the aforementioned deceased.
Page ( 1 )
Dossier Register
87 / 935
The lawyer Salman Effendi Al-Kabir appeared as an agent for Menahem Effendi Saleh Daniel and Sassoon Effendi Saleh Daniel and submitted a petition
signed by his clients and the trustees of their endowments stating: -
( 1 ) That one of his clients, Menahem Saleh Daniel, had endowed the house located in Bab Al-Agha neighborhood on Al-Uqdah Street in Baghdad and the two shops
located in the aforementioned neighborhood on Al-Saffarin Street ⟦and about⟧ the famous Khan known as Khan Jaghan located in the aforementioned neighborhood in the Customs Market
provided that their revenues, after restoration and construction, are spent on feeding the poor Israelite students who attend the known school
as the Gan Yeladim Menahem Saleh Daniel School in Baghdad and on clothing the ⟦aforementioned⟧ poor students, and that he also endowed twenty-four shares out of
one hundred and five shares of the aforementioned Khan Jaghan, provided that its revenues, after restoration and construction, are spent on providing teachers' salaries and the expense
of teaching and educating the poor students who attend the aforementioned school, and that he appointed both Ezra Effendi Menahem Saleh Daniel and
Saleh Effendi Sassoon Daniel as trustees over the aforementioned endowments, and after them for their descendants, and upon the extinction of their descendants, the trusteeship returns
to the Corporal Council of the Israelite community in Baghdad, and that he authorized the aforementioned trustees, after meeting the needs of the aforementioned school, to
establish a school for the aforementioned children from the surplus, or to spend this surplus on charitable works and benevolences as they deem appropriate, then after that
following the death of Saleh Effendi Sassoon, he appointed Saleh Effendi Shlomo Abdullah as a trustee with the first trustee Ezra Effendi Menahem Saleh.
( 2 ) - And that both of his clients Menahem Saleh Daniel and Sassoon Saleh Daniel had endowed four-fifths of the house located in the neighborhood of
Al-Tatran on Mosque Street in Baghdad and four-fifths of each of the house and the seven shops located in the aforementioned neighborhood on
Al-Joul Street, provided that the income of four-fifths of the first house, after restoration and construction, is spent on feeding the poor Israelite children who
attend the schools in Al-Hilla schools and the income of four-fifths of each of the seven shops and the aforementioned second house after restoration
and construction on feeding the poor children who attend the ⟦local⟧ Gan Yeladim Menahem Saleh Daniel school in Baghdad and that they
appointed both Ezra Effendi Menahem Daniel and Saleh Effendi Sassoon Daniel as trustees over the aforementioned endowments, provided that the trusteeship passes
after them to their descendants, and upon the extinction of their descendants, it returns to the Corporal Council of the Israelite community in Baghdad, then based on
the death of Saleh Sassoon Daniel, they appointed Saleh Effendi Shlomo Abdullah as a trustee in his stead with the first trustee Ezra Effendi Menahem Daniel
and they stipulated a fee for the trustees amounting to ten percent after deducting the Vergi tax from the endowment's yield.
( 3 ) - And that one of his clients, Menahem Saleh Daniel, had subsequently endowed half of the pharmacy located in the Souq al-Ghazl neighborhood on Al-Attarin Avenue
in Baghdad, provided that its yields, after restoration and construction, are spent on the necessary repairs for the building of the Gan Yeladim Menahem Saleh Daniel School
in Baghdad, and if there is no necessity for repairs and a surplus of yield is obtained, it shall be spent on charitable works and benevolences according to the opinion of one of the ⟦local⟧ trustees and
after them this condition is nullified and the surplus is spent on the needs of the Gan Yeladim Menahem Saleh Daniel school, and if there is no need for the aforementioned school
the surplus is spent on the poor Israelite children who attend one of the Israelite schools in Baghdad or to
the total of schools designated by the trustees, and he assigned the trusteeship over the aforementioned endowment to both Ezra Effendi Menahem Daniel and Saleh
Effendi Shlomo Abdullah and to their descendants after them, and upon the extinction of the descendants, the trusteeship is restricted to the Corporal Council of the Israelite community
in Baghdad, and he appointed for the trustees a fee of ten percent of the income in exchange for the acts of trusteeship. The aforementioned agent presented as proof of the
three aforementioned items mentioned in the aforementioned petition the legal deed issued by the Sharia Court of First Instance dated 9 Shawwal
1336 registered in the Register numbered (1) under number (181) and recorded in the Baghdad Endowments Department on March 24, 1919, and a
certified copy of the legal deed issued by the Baghdad Sharia Court dated 8 Shawwal 1336 registered in Register No. (1) under number
179 and page (69) and recorded in the Baghdad Endowments Department on March 24, 1919, and a certified copy of the legal deed issued
by the Baghdad ⟦Sharia⟧ Court dated 14 Dhu al-Qi'dah 1342 registered in the Register numbered (4) under number (151), and a certified copy of
the legal deed issued by the Baghdad Sharia Court dated 28 Rabi' al-Thani 1343 registered in the Register numbered (4) under number
(311) and page (83), and the legal deed issued by the Baghdad Sharia Court dated 14 Dhu al-Qi'dah 1342 registered in
registered under No. (4) at number (152), and a certified copy of the decree issued by the Baghdad Court of First Instance dated June 3, 1924, under
⟦...⟧ of notice 156. After reading them and examining their content, it became clear that what was stated in the three aforementioned articles is correct and that
the properties mentioned in the said articles and their status as endowments (waqf), and the conditions stipulated by the two granters, are correct as stated in the said articles.
The two authorized granters stated in their aforementioned petition that work has continued according to the aforementioned rulings supported by the legal deeds
mentioned above. However, it appeared from the practice that the conditions contained in the said deeds have some ambiguity and vagueness affecting the
administration of the endowment and the proper functioning of the school and other aspects, as the said deeds did not clarify the method of managing the school known as Khen Hillel
Menachem Salih Daniel in Baghdad, for which the aforementioned properties were endowed, even though the detail of the management method is indispensable and is considered a clarification
of the granter's condition. On one hand, and on the other hand, it was stipulated in some of the said deeds to spend part of the endowment's proceeds on feeding poor children
who attend the aforementioned Khen Hillel school, yet this condition has become difficult to apply since living materials
have become low-cost, so what is required for the livelihood of the poor—assuming they exist—only consumes a small part of the proceeds stipulated for spending on poor children.
Furthermore, most students do not wish to take their food from the school because the school includes children from all classes, and the poor
among them feels disdain at sitting at the table of the poor out of self-respect, lest they be included in the group of the poor. It has been proven by experience that spending all the proceeds
stipulated for feeding the poor has become difficult. Therefore, they request clarification of the conditions they stipulated in the aforementioned endowment deed and to amend them
with an amendment that does not touch the essence of the endowment but rather serves as a detail and explanation of what was stated in the said endowments, as follows:
1 - The two trustees must submit to the Secular Council of the Israelite Community in Baghdad in every academic year, before its commencement
by a suitable period of not less than two months, the budget of the Khen Hillel Menachem Salih Daniel School in Baghdad for review and archiving only, provided that
this budget contains the total revenues expected to be obtained from the endowed properties in the coming academic year in a detailed manner, and on
how these revenues will be spent and an estimate of what will be spent on the school to meet all its needs in a detailed manner, and the amount of what will remain of these
revenues and for what purpose it will be allocated. The current two trustees must also submit to the Secular Council every year the account of the past academic year
also after a suitable period from its end, showing all the amounts obtained from the endowment revenues and how they were spent in a detailed manner
for the purpose of review and archiving only. If it is necessary to spend any amount during the academic year that was not included in the aforementioned budget,
the current two trustees may spend it at their discretion and inform the Secular Council of that for the purpose of providing information and nothing else. After the trusteeship passes from
the current two trustees, the acting trustees at that time must submit to the Secular Council of the Israelite Community in Baghdad the annual budget
previously discussed for all the matters it contains for audit and approval by the said Council
and to grant the trustees permission to act accordingly. If the trustee (excluding the current two trustees) does not submit the budget to the Secular Council
at the designated time, or submits it and no agreement is reached regarding it with the said Council, the Council may organize the budget for the said academic year
as it deems appropriate and at its absolute discretion, provided that the total expenditure amounts listed therein do not exceed the amount of the annual net ordinary
endowment proceeds, and provided that other special conditions for all endowments related to the aforementioned endowed properties are observed. In this case,
the budget organized by the Secular Council and having its final approval is considered binding for the trustees to follow and to spend the endowment revenues
for that year according to what is stated therein. The trustee may not spend any amount from the endowment revenues contrary to what is stated in the organized and approved budget by
the Secular Council, nor spend any amount in addition to what is stated therein for any reason whatsoever without the approval of the said Secular Council.
The trustee must also submit to the Secular Council at the end of each academic year, and after a suitable period from its end, the account of the
past academic year, showing the amount of all endowment revenues and how they were actually spent. When preparing the budget, whether by the current trustees
or by the trustees who come later or by the Secular Council directly, consideration must always be given to
the amounts that should be kept as necessary reserves for carrying out repairs and basic constructions, whether in the endowed properties themselves or
in the school building.
2 - The revenues of all the endowed properties specified in the aforementioned deeds shall be spent, with the exception of (( the revenues of four-fifths of the house
located in the Tatran neighborhood on Al-Masjid Street, discussed in the deed dated 9 Shawwal registered under number (181)) after
Deducting property tax, trusteeship fees, and all other taxes and fees, if any, for the following purposes:-
A - Construction and restoration of the endowed properties ⟦line⟧
B - Construction and restoration of the building of the known school at the site of Gan Yeladim Menachem Salih Daniel in Baghdad.
C - Teaching sciences, arts, and when necessary, crafts and manual labor in the Gan Yeladim Menachem Salih Daniel school in Baghdad, including
the salaries and wages of teachers, instructors, and servants, and providing books and school supplies of all kinds when necessary, and providing machines
and tools required for teaching crafts, manual labor, and physical exercises, and in general all expenses, costs, and wages
necessary for running the school's affairs, its promotion, and raising its standards, as well as feeding and clothing the poor and needy students in the aforementioned school whenever
the necessity for that arises.
D - If a surplus appears in the endowment's revenues after spending the amounts on the three purposes mentioned above, a reserve amount shall be taken from this surplus
to be kept during the lifetime of the current two trustees according to what is agreed upon from time to time between them and the Lay Council, and in the absence of
agreement, these reserve amounts shall be deposited by the current two trustees in banks in Baghdad, provided that the Lay Council is informed of this, and after
the current two trustees, these reserve amounts shall be kept in the manner and method decided and designated by the Lay Council, and the trustees at that time must
follow the decision of the Lay Council in this regard. These reserve amounts shall be spent on basic restorations and total constructions in the
endowed properties themselves or in the building of the Gan Yeladim Menachem Salih Daniel school in Baghdad as necessity dictates, provided that a budget is organized for the amounts
required to carry out these restorations before undertaking them, and this budget shall be organized according to the method previously stipulated regarding the preparation
of the annual budget for the school's administration and under the same conditions specific to it ⟦line⟧
E - And if a surplus occurs in the endowment's revenues after paying all these expenses and costs, it is permissible to open a branch or branches for the aforementioned school
in Baghdad, provided that this branch or branches are considered affiliated with the Gan Yeladim Menachem Salih Daniel school in Baghdad and subordinate to it in all
aspects and subject to the provisions of all deeds and endowments specific to the aforementioned school and related to it ⟦line⟧
As for the revenues of four-fifths of the endowed house located in the Tatran neighborhood, Mosque Street in Baghdad, its net proceeds shall be spent on teaching and discipline,
and when necessary, teaching crafts and manual labor to poor Mosaic students who attend Israeli schools in Hillah, and on feeding
and clothing them if the need arises.
3 - A fee is given to the two trustees for the trusteeship, amounting to ten percent of the yield of all endowed properties after deducting property tax in all cases.
When the trusteeship passes to the Lay Council of the Israeli community in Baghdad, the conditions for paying the trusteeship fee shall be nullified, and the aforementioned Council
shall not collect a lump sum fee for the work it performs regarding the trusteeship; rather, it shall have the right to collect from the endowment's yield the necessary expenses
actually spent for managing the trusteeship affairs and carrying them out as it deems appropriate and necessary. Then the agent for the endowers requested that these conditions
listed above be considered a detail and clarification of the conditions set forth in the aforementioned endowment deeds. Then the two trustees, Ezra Effendi Menachem Daniel and Salih
Effendi Shlomo Favada, attended and stated that spending the amount allocated for feeding the students of the Gan Yeladim Menachem Salih Daniel school has become useless, rather
practically difficult because the students do not accept the food, so preparing and providing it would be in vain. Therefore, they request permission to spend the food allocations on
another charitable purpose in the same school, such as teaching and other things they deem necessary for the benefit of the school, and this is if spending the amount allocated
for food for its original purpose becomes difficult ⟦line⟧
Since the conditions explained by the two endowers and listed above do not, in fact, affect the essence of the endowment or its basic conditions, but are rather a clarification
of what was summarized in the endowment conditions and a detail of them, it has been decided to consider them binding according to the desire of the endowers. Also, spending specifically for feeding the students of the Gan
Yeladim school, if it becomes difficult, spending it on another purpose in the same school for which it was endowed does not seem contrary to the endowers' condition, because if the purpose in the endowment
ceases to exist, the endowment proceeds are spent on the nearest charitable purpose to the defunct purpose. Therefore, if it becomes clear to the two trustees that spending all that was allocated
for feeding the poor children in the Gan Yeladim Menachem Salih Daniel school in Baghdad or part of it is difficult, they are authorized to spend the surplus on the side of
Baghdad Court of First Instance Case No. 12 / Sh / 1955
Personal Status Court - Baghdad Date: 12/5/1955
The Personal Status Court in Baghdad was formed on 12/5/1955 by its judge Mr.
Sadiq Haidar, authorized to adjudicate in the name of His Majesty the King of Iraq, and issued the following judgment:
Plaintiff - Emile Saleh Shlomo, the trustee over the endowments of Menahem and Sassoon Daniel - in addition
to his post, his attorney Salman Bayat.
Defendant - Director of Endowments for the Baghdad Region - in addition to his post - in his capacity as the temporary adversary of the plaintiff
in this lawsuit, his representative Mr. Nafeh Qasim.
Third Party - Chairman of the Administrative Committee of the Jewish Community in Baghdad, acting in place of the
Communal Council of the aforementioned community in addition to the mentioned committee - his attorneys are lawyers
Mustafa al-Ankarli and Ibrahim Khazam.
The plaintiff had requested a judgment to annul what was stated in the Sharia deed numbered 87 / 35 Sh
dated 8/17/1935 regarding additional conditions that were not stipulated in the original endowment deeds,
as they violate Sharia law.
So this court issued under number 12 / 55 Sh and date 7/10/1955 a judgment in presence
ruling to amend the aforementioned Sharia deed as follows:
1- Cancellation of paragraph (c) of the second item located on the fourth page regarding the spending of
endowment revenues on teaching sciences and arts, which begins with the phrase (teaching sciences and arts
and when necessary, professions etc..) and ends with the phrase (in the mentioned school whenever it appears
necessary for that).
2- Cancellation of paragraph (d) of the mentioned item located on the same mentioned page regarding
the reserve amount, which begins with the phrase (if a surplus appears in the endowment revenues after spending
the required amounts .. so and so. from this surplus a reserve amount) and ends with the phrase (regarding
the preparation of the annual budget for the school administration and with the same conditions specific to it).
3- Cancellation of paragraph (e) of the mentioned item as well, regarding opening a branch or branches in the school of
(Gan Yeladim), which begins with the phrase (and if a surplus is obtained in the endowment revenues after paying
all these expenses and costs, it is permissible to open a branch or branches) and ends with the phrase (and on their feeding
and clothing if the need arises instead).
By this, the second item under discussion regarding the expenditure of the endowment will consist of paragraphs
(a and b) only, which include the reconstruction and restoration of the endowed properties and the reconstruction and restoration of the building of the school of
(Gan Yeladim) Menahem Saleh Daniel in Baghdad. And to consider the other paragraphs (c, d, and e)
- To be continued -
- 2 -
as if it did not exist at all in this deed. It also decided not to interfere with everything else contained in this deed
otherwise, and ruling to dismiss the lawsuit regarding it.
The third person appealed the aforementioned ruling, as did the plaintiff, and the Court of Cassation, after finding
the two appeals related to each other, issued its decision numbered 44 and 47 / Personal / 955, dated
10/13/1955, which stated as follows: (Upon scrutiny and deliberation, it was found that the court decided
to cancel paragraphs (d and e) of the Sharia deed issued in 1935. Since the matter of preserving
the reserve amounts in the manner and method decided and determined by the Lay Council is more secure for the
endowment funds and their preservation, the decision to invalidate this method, although it does not contradict the condition of the waqif (endower), but rather
pertains to preserving the endowment property, was incorrect. Therefore, it was decided to overturn the paragraph relating to the cancellation of the
preservation of reserve amounts in the manner decided by the Lay Council, and to uphold the decision
regarding the remaining paragraphs, and to return the case files to its court to issue the necessary decision for preserving
the aforementioned reserve amounts.)
The court summoned the parties to the lawsuit; the plaintiff's attorney, the defendant's attorney, and the attorneys for the third person attended,
and the court examined the case in person as far as the overturned point was concerned. After the decision of the Court of
Cassation was read, the court stood by the viewpoint of each of the two parties, and it appeared that the plaintiff's attorney requested an inquiry
from the scholar whom the court had consulted for an opinion on the Sharia ruling in the overturned paragraph, and justified the reason
for this request by stating that Sharia rulings require the trustee (Mutawalli) alone to be independent in preserving the endowment funds
because that is at the heart of his duties, just as negligence on his part in this regard warrants his removal. And that the
Sharia ruling on the overturned point is in this manner.
As for the attorneys of the third person, they requested to follow the decision of the Court of Cassation because the scholar's fatwa was
clear, and the Court of Cassation had reviewed it and all the defenses, and its decision is based on Sharia rules
and legal provisions. In this manner, the proceedings were concluded and the end was communicated.
The Decision - This court agrees with what the Court of Cassation went towards regarding the overturned paragraph, that
the matter of preserving the reserve amounts in the manner and method decided and determined by the Lay Council
is more secure for the endowment funds and their preservation, and that issuing the decision to invalidate this method, which does not contradict
the condition of the waqif and only pertains to the preservation of the endowment property, is incorrect and violates Sharia. Therefore,
the court decided to follow the decision of the Court of Cassation under discussion regarding the overturned paragraph, by not interfering
with the matter of preserving the reserve amounts in the manner and method decided and determined by the Lay Council
described in paragraph (d) of the second item on the fourth page of the aforementioned deed
issued in 1935, and to cancel the second paragraph of the judgment issued by this court in this lawsuit
dated 7/10/1955, and to consider this paragraph as if it never existed in the aforementioned decision at all. Thus it becomes
- to be continued -
- 3 -
The second item of the aforementioned deed regarding the endowment's expenditure, including paragraphs (a, b, and d)
only, which involve the renovation and restoration of the endowed properties and the renovation and restoration of the building of the (Khan Hildim) Menachem
Saleh Daniel school in Baghdad. If a surplus appears in the endowment's income after spending the necessary amounts on
the two aforementioned directions, a reserve amount is to be taken from this surplus, and these reserve amounts
shall be kept in the manner and method decided and specified by the Lay Council, and the trustees must follow
the decision of the Lay Council in this regard, etc...
On this basis, only paragraphs (c and e) are considered revoked from the
legal deed, not paragraphs a, b, and d as stated in the previous decision of this court. And each of the parties shall bear
their own expenses, lawyer's fees, and pleadings. This judgment was issued in person, subject to appeal, and was announced publicly.
Judge - Idun Haider
Feeding the mentioned food to another charitable entity in the same school of Keren Hayesod Menachem Salih Daniel and its branches. And there⟦line⟧upon
what was decided as the reality was drafted and this deed was organized / August 17, 1935.
The Jud⟦line⟧ge
Presidency of the Court of Cassation of Iraq
Baghdad
File Number 2 / Personal / 1956
The Court of Cassation of Iraq was formed on 8/4/1956 consisting of members Messrs. Abdul Aziz
Majid, Nuri al-Umari, and Abdul Hamid Kubba, authorized to adjudicate in the name of His Majesty the King
of Iraq, and issued the following decision:
Appellant — Emil Shlomo, in his capacity as trustee of the endowment (waqf) of Menahem and Sassoon, sons of Saleh Daniel
Appellees — 1 — Director of Endowments of Baghdad in his official capacity
2 — The third party, the President of the Administrative Committee of the Jewish Community in Baghdad
and acting on behalf of the Lay Council, in addition to this committee.
Emil Saleh Shlomo, the trustee of the endowments of Menahem and Sassoon Daniel, claimed before
the Court of Personal Status in Baghdad that the following legal deeds and notifications
had been issued.
First — The deed issued by the Sharia Court of First Instance in Baghdad on 9 Shawwal 1336, registered
in Register No. (1) under No. (181) and recorded in the Department of Endowments in Baghdad on
March 24, 1919.
Second — The legal deed issued by the Sharia Court of Baghdad on 8 Shawwal 1336,
registered in Register No. (1) under No. (179) and page (69), and recorded
in the Department of Endowments in Baghdad on March 24, 1919.
Third — The deed issued by the Sharia Court of Baghdad on (14) Dhu al-Qi'dah 1334,
registered in Register No. (4) under No. (151).
Fourth — The deed issued by the Sharia Court of Baghdad on 28 Rabi' al-Thani 1343,
registered in Register No. (4) under No. (311) and page (83).
Fifth — The deed issued by the Sharia Court of Baghdad on 14 Dhu al-Qi'dah 1343,
registered in Register No. (4) under No. (152).
Sixth — The notification issued by the Court of First Instance in Baghdad on June 3, 1924, under
No. (8) from File 156.
The conditions of these deeds and notifications stipulated the endowment of the properties they covered,
provided that their income be spent on what was allocated for them. Then the two mentioned waqifs and the trustees
of their endowments petitioned the Court of Personal Status requesting an amendment to the endowment conditions. So the mentioned court
issued the legal deed No. (87 / 935) dated 17/8/935, which stated
that it was issued to remove the ambiguity and obscurity contained in the endowment deeds, considering that
it does not touch the essence of the endowment nor its basic conditions, while the deed included conditions
124
⟦illegible⟧
5
Presidency of the Court of Cassation of Iraq
Baghdad
⟦crest⟧
File Number / / 195
fundamental and touching upon the essence of the endowment (waqf). Since the endowers did not stipulate the right of change or alteration in the endowment deed,
and the trustees do not have the right to alter the terms of the endowment, therefore the judge may not violate the terms of the endower
unless the condition involves an amendment to the endowment or a strengthening of the interests of the beneficiaries. Therefore, the
legal certificate was issued in violation of Sharia. A request was made to summon the defendant, the Director of Baghdad Endowments in addition
to his position as the temporary adversary, and to rule to annul the Sharia certificate No. 87/35
dated 17/8/35 regarding the additional conditions not stipulated in the original endowment deeds and to charge him
with costs. During the proceedings, the President of the Administrative Committee for the Jewish Community in Baghdad,
acting in the place of the Lay Council of said community, requested to be joined as a third party in the lawsuit because
the judgment to be issued affects the rights of the Lay Council. After hearing the statements of both parties, the court joined him
as a third party in the lawsuit. After the court heard the statements of both parties and examined
the six endowment deeds under discussion and the Sharia certificate sought to be annulled, it found
that there are two points that must be resolved.
1 - Does the judge have the authority to issue a Sharia certificate to amend the terms of the endowment at the request of the endower
and the trustee in the event that the endower did not stipulate this right for himself?
2 - Does the certificate sought to be annulled, issued under number 87/35 Sh by this
court, constitute an amendment to the terms of the endowment and the referred deeds, or is it limited
to removing ambiguity and obscurity contained therein and clarifying the terms of the endowment?
In order to understand the two legal points, the court decided to refer the case to a scholar
of Hanafi jurisprudence who is knowledgeable in endowment matters for a legal opinion. Upon receipt of his response, the
aforementioned court issued an adversarial judgment dated 10/7/55 under number 102/55, which stated
that the scholar whom the court consulted to resolve the two mentioned points was chosen by both parties,
and they did not object to his answer, but rather requested the implementation of what he provided. Accordingly, the court decided to rule to amend
the Sharia certificate issued by this court under number 87/35 Sh dated 17/8/35
as follows:
1 - Cancellation of paragraph (C) of the second item located on page four, regarding
spending the endowment revenues on the teaching of sciences and arts.
2 - Cancellation of paragraph (D) of the second mentioned item located on the same page, 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 with the same conditions pertaining to it).
- 3 -
Presidency of the Court of Cassation of Iraq
Baghdad
⟦emblem⟧
File Number / 195
3- Cancellation of paragraph (e) of the mentioned item as well, which pertains to opening a section or sections
in the (Kahn Hildim) school, which begins with the phrase (and if there is a surplus from the revenues of
the endowment after paying all these expenses and costs, it is permissible to open a section or sections) and ends
with the phrase (.... and for their feeding and clothing if the need arises).
Thus, the second item under discussion regarding the disbursement of the endowment includes paragraphs
(a and b) only, which involve the reconstruction and restoration of the endowed properties and the reconstruction, restoration, and building of the
(Kahn Hildim school for Menahem Daniel in Baghdad) and considering the other paragraphs (c, d, and e)
as if they do not exist at all in this deed, as the court decided not to address everything
contained in this deed and ruled to dismiss the lawsuit regarding it and to charge both parties with its costs.
So, the President of the Jewish Community - the third party - appealed, as did the plaintiff Emil Saleh
Shlomo, and the two appeals were merged. The Court of Cassation decided on 13 / 10 / 55 under numbers 44 and 47 / Personal
/ 955 to overturn the appealed decision regarding the paragraph specialized in canceling the order to maintain the reserve
funds in the manner decided by the Lay Council and to uphold the appealed decision regarding the
remaining paragraphs.
Upon returning the papers to its court and the hearing, the same court decided on 5 / 12 / 55
to follow the decision of the Court of Cassation and to cancel paragraphs C and E from the legal deed only and to charge both parties
with the costs.
Due to the plaintiff's lack of conviction in the mentioned decision, he requested its review and reversal on appeal, and his appeal was registered
on 5 / 1 / 956.
The Decision - Upon review and deliberation, it appeared that the Personal Status Court followed the decision of this
court regarding paragraph (d) of the legal deed issued under No. 87 / 35. Therefore,
the appealed judgment, in view of the reasons on which it was based, is in accordance with the law. It was decided to uphold it and reject
the appellant's objections and to charge him the appeal fee. The decision was issued by consensus on 8 / 4 / 956.
Copy
Baghdad Court of First Instance for Personal Matters: Case No. 31 / Sh / 1956
Judge Mr. Sadiq Haydar: Date 14 / 2 / 956
Mr. Farid Daoud Samra, in his capacity as the Chairman of the Administrative Committee of the Jewish Community in Baghdad (acting in place of
the Lay Council of the aforementioned community), submitted a petition stating that this court had issued deed No. 156
dated 3 June 924, confirming the endowment (waqf) of Sassoon Saleh Daniel of his common half-share of the pharmacy numbered
246 / 158 located in the Souq al-Ghazal neighborhood at Attarin Boulevard for the soul of his son Saleh Sassoon Daniel, according to the conditions set forth
therein. Regarding the trusteeship (Tawliya), he designated the trusteeship for himself and for his nephew Menachem Effendi Saleh Daniel (Ezra Effendi). After them,
the trusteeship passes to the eldest of the donor's children and the children of his male children, jointly with the eldest of the children of his brother Menachem Effendi
and the children of his male children. Upon the extinction of the lineage of one of the trustees, the trusteeship is restricted to the second trustee or whoever takes his place. Upon the extinction of
both lineages, the trusteeship passes to the Lay Council of the Jewish community in Baghdad.
Since the first trustee, the donor Sassoon Saleh Daniel, died in the year 1936, the trusteeship was restricted to the second trustee,
Ezra Menachem Daniel. This latter person also died in the year 1952. Since after the death of the aforementioned trustees,
the endowment remained without a trustee, as the eldest son of the donor Sassoon Saleh Daniel, namely Khedhouri (nicknamed Frederick), has been absent
from Iraq for many years and did not obtain the trusteeship of this endowment, and the last trustee Ezra Menachem 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 to make
the Administrative Committee the trustee over the aforementioned endowment.
Based on this request, the court has reviewed:
1- A certified copy of the endowment deed issued under No. 156 and dated 3 June 1924, which confirms the endowment deed of
Sassoon Effendi Saleh Daniel for the half-share of the pharmacy numbered with door number 246 / 158 located in the neighborhood of
Souq al-Ghazal at Attarin Boulevard, described according to the Tapu deed dated January 922, permanent serial
35. It appears from this deed that the beneficiary entity is for the rest of the soul of his late son Saleh Sassoon
Daniel. As for the trusteeship, it appears that the donor stipulated that the trusteeship be for himself and for his nephew
Menachem Effendi bin Saleh Daniel (who is Ezra Effendi), and after them, the trusteeship passes to the eldest of
his children (the donor's children) and the children of his male children, jointly with the eldest of the children of his brother Menachem and the children of his male children.
Upon the extinction of the lineage of one of the trustees, the trusteeship is restricted to the second trustee or whoever takes his place, and upon the extinction of
both lineages, the trusteeship passes to the Lay Council of the Jewish community in Baghdad.
2- The court heard the testimony of both witnesses Meir Dangour and Ishaq Ezra, which confirmed the death of the donor
Sassoon Saleh Daniel on 7 December 936 ⟦and the death⟧ and the death of Ezra Menachem Daniel on 3 / 3 / 952, and that
the eldest son of the donor Sassoon is Khedhouri nicknamed (Frederick), and that the latter resides permanently
outside Iraq for a long time, and this endowment is without a trustee at the present time to look after its interests.
3- Reviewed the legal inheritance distribution (Qassam) No. 196 / 1936 dated 27 / 12 / 936 regarding the determination of the heirs of the donor
Sassoon Saleh Daniel who died on 7 / 12 / 936, and it appeared that his inheritance is limited to his wife and his two eldest sons Khedhouri
(nicknamed Frederick) and Salim, and his eldest daughter Regina. Also reviewed the legal inheritance distribution No. 24 / 952 dated 21 / 4 / 52
regarding the determination of the heirs of the deceased Ezra Menachem Daniel, whose death ⟦occurred⟧ occurred on 3 / 3 / 952, and it appeared that
his inheritance is limited to the two aforementioned sons of his uncle, Khedhouri (nicknamed Frederick) and Salim, the sons of Sassoon Saleh Daniel.
- To be continued -
Image
Baghdad Court of First Instance for Personal Matters, Case No. 31 / Sh / 1956
Judge Mr. Sadiq Haidar, Date 14 / 2 / 956
Mr. Farid Daoud Samra, in his capacity as President of the Administrative Committee of the Jewish Community in Baghdad (acting in place of
the Lay Council of the aforementioned community), submitted a petition stating that this court had issued the deed numbered 156
and dated June 3, 924, which includes the confirmation of the endowment (waqf) of Sassoon Salih Daniel of his undivided half of the pharmacy numbered
246 / 158 located in the Souq al-Ghazal neighborhood on Al-Attarin Street for the soul of his son Salih Sassoon Daniel according to the conditions set forth
therein. Regarding the trusteeship (tawliya), he designated the trusteeship for himself and for his nephew Menahem Effendi Salih Daniel, namely (Ezra Effendi). After them,
the trusteeship shall pass to the eldest of the endower's children and his male grandchildren, jointly with the eldest of his brother Menahem Effendi's children
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. Upon the extinction
of both lineages, the trusteeship shall transfer to the Lay Council of the Jewish Community in Baghdad.
Since the first trustee, the endower Sassoon Salih Daniel, died in 1936, the trusteeship was restricted to the second
trustee, Ezra Menahem Daniel. The latter also died in the year 952. Since after the death of the aforementioned two trustees,
the endowment remained without a trustee, as the eldest son of the endower Sassoon Salih Daniel, namely Khedhouri, nicknamed (Frederick), has been absent
from Iraq for many years and has not obtained the trusteeship of this endowment. Furthermore, the other trustee, Ezra Menahem Daniel, died
without offspring. Pursuant to paragraph (1) of Article 21 of the Jewish Community Regulations, he requests the issuance of a legal deed to appoint
the Administrative Committee as the trustee over the aforementioned endowment.
Based on this request, the court has reviewed:
1- A certified copy of the endowment deed issued under number 156 and dated June 3, 1924, which confirmed the endowment deed of
Sassoon Effendi Salih Daniel for the half of the pharmacy numbered with door numbers 246 / 158 located in the neighborhood of
Souq al-Ghazal on Al-Attarin Street, described according to the Tabu deed dated January 922, permanent sequence
35. It appeared from this deed that the beneficiary of the endowment is for the repose of the soul of his deceased son Salih Sassoon
Daniel. As for the trusteeship, it appeared that the endower stipulated that the trusteeship be for himself and for his nephew
Menahem Effendi bin Salih Daniel (who is Ezra Effendi). 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 his brother Menahem's children 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. Upon the extinction
of both lineages, the trusteeship shall transfer to the Lay Council of the Jewish Community in Baghdad.
2- The court heard the testimony of both witnesses, Meir Dangour and Isaac Ezra, which confirmed the death of the endower
Sassoon Salih Daniel in December 936 and the death of Ezra Menahem Daniel on 3 / 3 / 952, and that
the eldest son of the endower Sassoon is Khedhouri, nicknamed (Frederick), and that the latter has been residing permanently
outside Iraq for a long time, and this endowment is currently without a trustee to look after its interests.
3- Reviewed the legal distribution of estate (Qassam) numbered 196 / 1936 and dated 27 / 12 / 136 regarding the limitation of inheritance of the endower
Sassoon Salih Daniel, who died on 2 / 12 / 936. It appeared that his inheritance is limited to his wife and his two eldest sons, Khedhouri
(nicknamed Frederick) and Salim, and his eldest daughter Regina. Also the legal distribution of estate number 24 / 952 dated 21 / 4 / 52
regarding the limitation of inheritance of the deceased Ezra Menahem Daniel, whose <del>occurred</del> death occurred on 3 / 3 / 952. It appeared that
his inheritance is limited to his two aforementioned cousins, Khedhouri (nicknamed Frederick) and Salim, the sons of Sassoon Salih Daniel.
- To be continued -
Copy
Baghdad Court of First Instance for Personal Matters
Case File No. 31 / Sh / 1956
Date: February 14, 1956
Judge Mr. Sadiq Haydar
Mr. Farid Daoud Samra, in his capacity as President of the Administrative Committee for the Jewish Community in Baghdad (acting in place of
the Spiritual Council of the aforementioned community), filed a petition stating that this court had issued the endowment deed numbered 156
dated June 3, 924, which includes the confirmation of the endowment (waqf) of Sassoon Salih Daniel's undivided half of the pharmacy numbered
246 / 158 located in Souq al-Ghazal district at Al-Attarin Avenue for the soul of his son Salih Sassoon Daniel according to the conditions set out
therein. Regarding the guardianship (tawliya), he established the guardianship for himself and for his nephew Menahem Effendi Salih Daniel, who is (Ezra Effendi). After them,
the guardianship reverts to the eldest of the founder's children and the children of his male children, jointly with the eldest of his brother Menahem Effendi's children
and the children of his male children. Upon the extinction of the lineage of one of the guardians, the guardianship is restricted to the second guardian or whoever stands in his place. When both
lineages become extinct, the guardianship is transferred to the Spiritual Council of the Jewish faith in Baghdad.
Since the first guardian, the founder Sassoon Salih Daniel, passed away in 1936, the guardianship was restricted to the guardian
the second, Ezra Menahem Daniel. This latter person also passed away in the year 1952. Since, after the death of the two aforementioned guardians,
the endowment remained without a guardian because the eldest son of the founder Sassoon Salih Daniel, who is Khedouri nicknamed (Frederick), has been absent
from Iraq for many years and has not obtained the guardianship of this endowment, and the other guardian Ezra Menahem Daniel died
without offspring, and pursuant to paragraph (1) of Article 21 of the Jewish Community Regulations, he requests the issuance of a legal deed to make
the Administrative Committee the guardian over the aforementioned endowment.
Based on this request, the court has reviewed:
1- A certified copy of the endowment deed issued under number 156 and dated June 3, 1924, which confirmed the endowment deed of
Sassoon Effendi Salih Daniel for the half of the pharmacy numbered with door number 246 / 158 located in the district of
Souq al-Ghazal at Al-Attarin Avenue, described according to the Tabu deed dated January 922, permanent sequence
35. It appears from this deed that the beneficiary of the endowment is for the rest of the soul of his deceased son Salih Sassoon
Daniel. As for the guardianship, it appeared that the founder conditioned the guardianship to be for himself and for his nephew
Menahem Effendi son of Salih Daniel (who is Ezra Effendi), and after them, the guardianship reverts to the eldest of
his children (the founder's children) and the children of his male children, jointly with the eldest of his brother Menahem's children and the children of his male
children. Upon the extinction of the lineage of one of the guardians, the guardianship is restricted to the second guardian or whoever stands in his place, and upon the extinction
of both lineages, the guardianship is transferred to the Spiritual Council of the Jewish faith in Baghdad.
2- The court heard the testimony of both witnesses, Meir Dangour and Ishaq Ezra, which confirmed the death of the founder
Sassoon Salih Daniel on December 7, 1936, and the death of Ezra Menahem Daniel on March 3, 1952, and that
the eldest son of the founder Sassoon is Khedouri nicknamed (Frederick), and that the latter resides permanently
outside Iraq for a long time, and this endowment is without a guardian at the present time to look after its interests.
3- Reviewed the legal distribution of estate (Qassam) No. 196 / 1936 dated December 27, 1936, concerning the determination of the inheritance of the founder
Sassoon Salih Daniel, who died on December 7, 1936, and it appeared that his heirs are restricted to his wife and his son and the two eldest, Khedouri
(nicknamed Frederick) and Selim, and his eldest daughter Regina. Also reviewed the legal Qassam No. 24 / 952 dated April 21, 52
concerning the determination of the inheritance of the deceased Ezra Menahem Daniel, whose death occurred on March 3, 952, and it appeared that
his inheritance is restricted to his two cousins, the aforementioned Khedouri (nicknamed Frederick) and Selim, sons of Sassoon Salih Daniel.
- To be continued -