AI English Translation, Pages 151-175
Jewish Cemeteries Association in Baghdad
Reference Number: 950/444/H
Date: 1/18/1950
Subject: ⟦illegible⟧
Baghdad, January 8, 1950
To the Respected President of the Lay Council of the Jewish Community
Greetings and Respects
Reference to your letter numbered 388 and dated 12/2/1949.
Your letter, to which this is the response, was presented to the committee in its session held on December 16, 1949, and after scrutinizing the case and deliberating on it, the following appeared to it:-
Our association is not obligated, in principle, to pay the requested amounts because the management
of the current cemetery does not fall within the scope of its work according to its internal bylaws. We had at the time built the wall
which led to the encroachment on the adjacent state land with the intention of assisting your respected council, as
this matter falls within its jurisdiction alone. In any case, we would have liked to pay this amount or a part of it
in order to assist the council if our financial situation had enabled us to do so. It is not hidden from your council that the association's income
at the present time consists of the annual subscriptions of its members, and their total is less than the amounts
required to be paid, in addition to the fixed and permanent expenses that must be paid for the wages of a clerk,
a guard, and others, which exceed the amount of annual subscriptions or equal them at the very least. Therefore, we very much regret
our inability to participate in paying the amount under discussion. Furthermore, upon auditing the papers pertaining to this
case, legal and ethical matters appeared that we deemed appropriate to bring to the attention of your council.
The community is not legally obligated to pay occupational rent for the encroached land.
Article 596 of the Mecelle states that a person who uses another's property that was not intended for exploitation
without his permission is considered a usurper who is not liable for its benefits, but rather guarantees the usurped object only. The
mentioned article specifically exempted only endowment property and the property of orphans, and the exemption came through restriction and specification.
Therefore, there is no room for expanding it to include the treasury, and this point, as we believe, is not disputed. The request of
the financial authorities to pay the amount returned to the lessee of the adjacent state plot in exchange for a rental equivalent to
the encroached section is invalid, as this section was at the disposal of the community and inside the wall constructed by
it, so it was not at the disposal of the financial authorities. In this regard, it was not contracted upon. Even if we assume for the sake of argument
that this section was within the leased state lands and that compensations had already been paid regarding it,
this matter does not necessitate the community to pay the amount of compensations based on the fact that it is not legally bound
to pay the occupational rent in an absolute sense, considering it as a usurper.
The Baghdad Governorate, in its letter dated 11/24/1948 and numbered 478, requested the removal of
the encroachment occurring on the state plot adjacent to the cemetery and set a period for that of one week, so the
community replied in its letter dated 11/30/1948 and numbered 842 to the effect that it is fully prepared to meet
the request and remove the encroachment. The Governorate then stated in its letter dated 12/5/1948 and numbered 31150 that the draft
- to be continued -
Jewish Cemeteries Association in Baghdad
Baghdad on January 8, 1940
- 2 -
stipulated for removing the violation has ended and filed the lawsuit against the community on 12/14/1948. Anyone who contemplates
these factual matters finds (firstly) - that the community's response was during the week set for removing the violation
(secondly) - that the community requested the Governorate to provide it with a map of the land so that it could carry out what is required of it
for ot⟦line⟧hers.
(thirdly) - that the Governorate's statement that the set period has ended contradicts the reality of the situation.
(fourthly) - that filing a lawsuit against the community after it expressed its willingness to remove the violation has no justification from
the moral point of view at all.
These matters do not make the community exempt from paying the fees and expenses of the lawsuit from the
purely legal point of view, but it appears to us that the matter is completely contrary to that if we look at the matter from the
moral and logical point of view.
The matter of fencing cemeteries is fundamentally the duty of the government authorities or municipalities, and it appears
that the government had previously allocated significant amounts for this purpose. The community had built
the cemetery wall at its own expense and without asking the government to contribute to its cost. There appears to be no
logic or harmony in the measures or correctness in the opinion for the government to ask the community now to demolish the wall
in question, which may lead in principle to the government itself rebuilding it in accordance with the plan
drawn up by it for this matter.
Several years ago, the government accepted the principle of providing state lands free of charge for burying the dead
and has granted state lands without compensation several times to Iraqi and non-Iraqi communities for this purpose, and this is done
generously in many cases. There is no sense of logic in this case to demand payment of fair rent
for state land that actually contains the graves of the dead.
In the past, the government generously granted the community large areas of state land, for which it is thanked, to be used as cemeteries
for its dead, and we may not find it appropriate or fitting now to make the ownership of the encroached-upon plot a subject
of bargaining and bartering, especially since the amounts now demanded for payment are only equal to a small fraction of the value of the state lands
that it granted to the community free of charge during recent years.
With utmost res⟦line⟧pect
The President
Cemeteries Association
Jewish in Baghdad
1947
To be presented to the council
⟦illegible⟧
⟦illegible⟧
A / 1
C / 420 / 950
2 / 2 / 1950
( L )
Presidency of the Israeli Cemeteries Association
Baghdad
⟦line⟧
After greetings
The Council has reviewed with thanks your letter No. 14 / 8 / 1950 dated
8 / 1 / 1950 regarding the issue of the encroachment occurring on the state lands adjacent
to the cemetery located on Sheikh Omar Street and noted its content.
Please accept our respect;
Vice President
Aboudi Effendi
Print a second copy of the letter
after its formatting and include all papers in
2 / 1
4 / 1 / 2
⟦illegible signature⟧
4554 / 900
20 / 2 / 1950
His Eminence the President of the Hebra Qadisha Society, the Respected
After greetings,
We convey to you below a copy of the Lay Council resolution No. (2) taken in its eleventh session
held on 16 / 2 / 1950, for your kind review and to take the necessary action regarding it as far as it concerns
your society.
Please accept our respect,
Vice President
Copy of the Resolution
⟦line⟧
2- At the invitation of the Council, the President and members of the Administrative Committee of the Hebra Qadisha Society attended, namely His Eminence
Rabbi Salman Joki Aboudi and Messrs. Sassoon Nawi, Naji Shakkouri the lawyer, Heskel Salman Mir
the lawyer, Youssef Ishaq, and Ezra Nissan. Discussions were held with them regarding the society's activities in general, then
an agreement was reached with them on the following:
a- The Hebra Qadisha Society maintains its current legal form within the law and regulations of the community and under the supervision of the Lay
Council. Accordingly, it was decided to renew the appointment of members by the Spiritual and Lay Councils
in accordance with paragraph two of Article (39) of the Israelite Community Regulation No. 36 of the year 1931.
b- It was decided to request the Administrative Committee of the aforementioned society to submit detailed annual accounts including
(1) revenue and expenditure accounts (2) the annual budget, provided that the Council audits these
accounts by the methods it deems appropriate.
c- It was decided to instruct the aforementioned society to close its accounts at the end of March of each year (according to
the Gregorian calendar) if it does not have a strong objection to implementing this proposal.
d- It was decided to request the Administrative Committee to submit a complete list of properties and endowments at its disposal
with the information related to them, including certified copies of their property deeds and endowment documents
and the land registry maps available to them related to these properties.
e- Discussions were held with them regarding the matter of burial, which is entrusted to the society according to the wording of paragraph
(2) of Article (29) of the community regulation. It was decided to request it to state its proposals in this regard
so they can be considered in a future session. The secretary was also tasked with preparing a memorandum on the efforts made
in this regard by the previous Lay Council.
- To be continued -
( 2 )
F - Discussions took place regarding the issue of washing and shrouding deceased children, where the Council listened
to the Association's clarifications in this regard and decided to request that it attempt to carry out this work
similar to adults, while attempting to overcome the difficulties surrounding this project.
⟦line⟧
⟦illegible⟧
P / 2 / 20
The Secretary
(1) Please follow up on the implementation of the issues mentioned above
while reminding the Council to set a date for auditing the accounts of
the Association and holding a joint meeting with the Spiritual Council
to renew the selection of members according to the provisions of the Sect's Bylaws.
⟦signature⟧
⟦illegible stamp⟧
⟦illegible⟧
5/9/⟦illegible⟧
Top Secret
50848
Please postpone this case until further
notice, as per the committee's request
⟦signature⟧
6/12
For filing
As requested ⟦illegible⟧
(8)
The Lay Council
of the Israelite Community * Baghdad
⟦line⟧
Honorable Vice President
Mr. Sayiq Saddad, who is in charge of burial affairs
at the Jewish Cemetery, has approached me and stated that the wife of the late Dr. Max
Krobach has sent an architect to the cemetery who arranged the tomb
belonging to her late husband at a distance of about one meter from the four sides of
the grave.
Since the cemetery lands are the property of the Israelite Community,
please kindly inform me of the amount you deem appropriate to collect
in exchange for that, so that I may demand it from the widow of the deceased. Respectfully.
Baghdad 2/20/1950
⟦signature⟧
From the papers in the file, for your information that
the wife of the deceased has no remaining desire to pay
the amount that was decided ⟦...⟧
Accountant
2/21/50
Tawfiq Ahmed
21/2/50
To be kept - Real Estate
Note
I contacted Mrs. Max Krobach and informed her of the amount
(9)
Jewish Cemeteries Association in Baghdad
⟦line⟧
Administration of the Lay Council -- Baghdad
Number 950/519/J
Date 950/5/17
File Number ⟦line⟧
Number - 950/18
Baghdad on 16 May 1950
His Excellency the President of the Jewish Community, Respected
Greetings
I would like to inform Your Excellency that the new administrative committee
for this association held its first meeting on Friday morning, corresponding to
12 May 1950, and elected from among its members -
Mr. Salman Al-Kabir, Attorney - President
And Mr. Sassoon Aboudi Bashi - Vice President
And Mr. Yusuf Nassim Aboudi - Honorary Secretary
Please accept our respect
⟦signature⟧
Honorary Secretary
Cemeteries Association
Jewish Baghdad
Copy to -
The Venerable Lay Council - for information
Y /
⟦signature⟧
⟦illegible⟧
10
T / 1529 / 50
28 / 8 / 1950
Presidency of the Hebra Qadisha Association
Baghdad
⟦line⟧
After greetings,
We had received the car belonging to your association on loan for the purpose of its use by
the Nationality Revocation Committee in an unusable condition, which forced us to repair it.
This cost us an amount of 46/511 Dinars according to the attached list supported by the
the Nationality Revocation Committee in an unusable condition, which forced us to reconstruct it.
This cost us an amount of 46/511 Dinars according to the attached list supported by the
necessary receipts.
Based on our non-use of it and its previous return to you, we therefore request you to kindly pay the
mentioned amount by your respected association.
Please accept our respect,
On behalf of the Acting Head of the Community
Vice President of the Lay Council
Dear Vice President
This amount is based on the request of
the association, please bring it to the attention of
the board
8/28
For the respected observer
8/28
Attachments
1/ List and 7 receipts
11
Administration of the Lay Council - Baghdad
Number 8 / 564 / 50
Date 19 / 9 / 50
File Number
Midrash Committee
Baghdad
Number 521
Date 19 / 9 / 1950
His Excellency the President of the Respected Lay Council
After greetings and respect.
Our committee decided in its meeting held on 17 / 9 / 1950 to open
a current account at the Ottoman Bank in the name of the Midrash Committee to deposit all revenues
and withdraw the necessary checks for expenses from the mentioned bank, and we have authorized His Eminence
Rabbi Salman Hoqi Aboudi, the head of this committee, and Mr. Salman Ezra
Shahrabani, one of its members, to sign the necessary checks for the Midrash account.
Please kindly mediate with the mentioned bank to act accordingly.
With high respect to Your Excellency.
Salman Hoqi
Aboudi
President
Department Copy
12
C / 581 / 50
25 / 9 / 1950
Ottoman Bank
Baghdad
Greetings,
We request approval to open a current account in the name of the Midrash Committee, provided
that withdrawals are made with the joint signatures of the Chairman of the Committee, Rabbi Salman Hooki Abboudi, and Mr.
Salman Ezra Shahrabani, a member of the aforementioned committee.
We provide below a specimen of each of their signatures for your endorsement, and remains yours sincerely;
⟦signature: Salman Hooki Abboudi⟧ | ⟦signature⟧
Specimen Signature | Specimen Signature
Rabbi Salman Hooki Abboudi | Mr. Salman Ezra Shahrabani
⟦signature⟧
Vice President
To be archived
Outgoing
Copy to
Midrash Committee
9/19/9
⟦illegible⟧
⟦File Copy⟧
12
51 / 1802
5 / 4 / 1951
To
Mr. Sassoon Nawi, Esq.
Member of the Hebra Qaddisha Society
After greetings,
The Lay Council decided in its session held on 2 / 4 / 1951 - based on
urgent necessity - to authorize you to carry out the work of this society until the election of the members required to complete
the quorum.
Please accept our highest respects.
Acting Head of the Community
President of the Lay Council
SASSOON SHAOOL NAWY
KHAN SHARKESSY
BAGHDAD
TELEG. : SNAWY - BAGHDAD
Sassoon Shaool Nawy
Baghdad * Khan Jarkisi
Telegraphically: Snawy - Baghdad
1226 / 51
17 / 4 / 1951
Baghdad on April 17, 1951 Baghdad, ⟦line⟧
14
To
The Respected Head of the Jewish Community
With reference to your letter numbered 1804 / 51 and dated 4 / 5 / 1951, we respond
to your request regarding the exercise of the duties of the Hevra Kadisha Society until the election
of the members is completed, and we are ready for any service ⟦that⟧ is requested ⟦of us⟧ for this. Please accept
the highest expression of respect
Sincerely
Sassoon Shaool
Al-Janib
To be ⟦...⟧ in the archives
17 / 4 / 51
Done
14
⟦Department Copy⟧
51 / 1981
1951 / 6 / 14
To
Directorate of Traffic Transport - Baghdad
Greetings,
We confirm to you that the vehicle numbered 1856 Baghdad belongs to the Hevra
Kadisha Society (Preparation and Shrouding) affiliated with the presidency of this sect and is used by
the society for the purpose of transporting the dead of the members of this sect.
We request to work on releasing its seizure, noting that we are ready to bring it to
your directorate upon request.
With our highest respect.
⟦illegible⟧
On behalf of the Acting Head of the Sect
Vice President of the Lay Council
7
⟦illegible⟧
The Lay Council of the Jewish Community
in Baghdad
Telephone Number 5452
Number: J / 551
Date: 5/1/1950
Subject Summary:
Administrative Order
Based on the recommendation of the Central Committee for Supervising Migration Affairs, it was decided
to assign the secretariat of the aforementioned committee to Mr. Elias Gabbay, whose services are borrowed
from the Schools Committee, provided that his headquarters be in the (Alliance) building.
Vice President
Copy to -
Central Committee for Supervising Migration Affairs
Presidency of the Schools Committee - for your kind information
Mr. Elias Gabbay
Staff of the Nationality Renunciation Committee
A/5/28
Presidency of the Israelite Community
Baghdad
No. 51/1429
Date 20/6/951
15
To the Honorable President of the Israelite Community
After greetings
What is presented is that the Hevra Kadisha Society is in need of foreign linen
for shrouds for the dead, and we have found ⟦material⟧ from the best quality and bought it
from Yusuf Saqil Hayyim, Identity No. 86, dated ⟦19/2/51⟧
at a price of two dinars per bolt, totaling forty-five dinars. Since
the Society at the present time is unable to withdraw from the bank and does
not have cash in the fund, we request your order to pay
the amount to the seller and record it in your ledger as a debt against the Hevra
Kadisha Society, and likewise we will record it in the ledgers of the
mentioned Society. This is for your order.
20/6/1951
Sincerely,
Sassoon Shaul
Secretary
One of the members of the Hevra Kadisha Committee
⟦illegible signature⟧
Accountant, please disburse the amount
and record it as a trust against the Hevra Kadisha Society
⟦illegible signature⟧
20/6/1951
Copy of Department 16
51/1877
1951/5/14
To
The Respected Gentlemen
1- Israel ⟦Al-Baya⟧
2- Ibrahim Hussein Al-Saleh
3- Salman Daoud
After greetings
Based on the decision of the Lay Council taken on 1951/4/2 regarding you
Because of what we ⟦recognize⟧ in you of diligence and dedication in serving charitable institutions, we have decided to appoint you
as members of the Hebra Qadisha Society.
Please accept our highest respect.
A copy of it
To the Hebra Qadisha Society
Acting Head of the Community
President of the Lay Council
Hebra Qadisha
Baghdad on 29 / 8 / 1951
17
To the Honorable Gentlemen:-
Mr. Sassoon Shaoul Fawzi, respected.
Mr. Ibrahim Al-Saleh, respected.
Mr. Sassoon Beshi, respected.
Mr. Mori City Al-Muallim, respected.
Mr. Yusuf Daoud Qattan, respected.
After greetings
It has been decided to hold a meeting of the ⟦charity⟧ association at our headquarters in the Community Presidency on Friday
corresponding to 31 / 8 / 1951 at exactly ten o'clock in the morning. Please attend at
the appointed time.
Please accept our highest respect.
⟦signature⟧
Secretary of the Community
⟦Community Presidency⟧
⟦Approved⟧
18
52 / 2477
10 / 9 / 1957
Board of ⟦Management⟧ of a Charitable Society for our city
Department Copy
To the Gentlemen: -
1- Lawyer Mary ⟦Masha⟧ Yehuda
2- Lawyer Aziz ⟦Khalaschi⟧
3- Lawyer Aboudi Soni
4- Salim Doctor
5- Salim Saeb
After greetings
With reference to the decision of the Spiritual Council held in its session on
2 / 9 / 1957
And in view of the dissolution of the Mabara Society for our city, we have decided to re-form it from your presence,
We hope to provide you with this task.
Please accept our highest respect.
⟦signature⟧
Acting Head of the Community
President of the Spiritual Council
Presidency of the Jewish Community
in Baghdad
Telephone Number { 3531 President
5452 Secretary
Number: 777 / 52
Subject: Formation of the Hevra Kadisha Society.
Date: 10 / 3 / 1952
To the Gentlemen:-
1- Rabbi David Hakham Yaqoub
2- Eliyahu Ezra Khalaschi
3- Lawyer Aboudi Sayaq
4- Munir Doctor
5- Munir Salb
Greetings,
With reference to the decision of the Lay Council taken at its meeting held on
2 / 4 / 1951.
In view of the dissolution of the Hevra Kadisha Society, we have decided to re-form it from yourselves;
We hope you will commence this task.
Please accept our utmost respect.
⟦illegible⟧
Acting President of the Community
President of the Lay Council
Presidency of the Jewish Community
in Baghdad
Telephone Number { 3531 President
5452 Secretary
Number: 2277 / 52
Date: 10 / 3 / 1952
Subject: Formation of the Hebra Qaddisha Association.
To the Gentlemen:-
1- Rabbi David Hakham Yaqub
2- Eliyahu Ezra Khlasschi
3- Lawyer Abboudi Setti
4- Munir D. Takkur
5- Munir Mahlab
After greetings,
With reference to the decision of the Lay Council taken at its meeting held on
2/4/1951
In view of the dissolution of the Hebra Qaddisha Association, we have decided to re-form it from your presence;
We hope for your commencement of this task.
Please accept our highest respect.
⟦signature⟧
Acting President of the Community
President of the Lay Council
52 /
3/23/1952
19
⟦illegible⟧
To -
The honorable Mr. Saleh Shlomo
Greetings,
With reference to your letter dated 3/20/1952.
We have paid the amount of 58.000 Dinars to the entities and persons indicated in your letter referred
to above, we enclose herewith the receipts pertaining to that.
Please accept our highest respect
Acting Head of the Community
Head of the Secular Council
Attachments
Four receipts
1722
Baghdad on 20 / 3 / 1952
21 / 3 / 52
His Excellency the Acting President of the Jewish Community in Baghdad, Respected
After greetings,
You will find attached an amount of (58.000) Dinars to kindly order
its distribution as shown below, on the occasion of the passing of the late Ezra Menachem
Daniel.
Fils | Dinar
50.000 | To the "Hevra Kadisha" Society
3.000 | To the tailors of the deceased's shrouds
3.000 | Gratuity for the grave diggers at the cemetery
2.000 | To Fereydoun, the driver of the Meer Elias Hospital car, for transporting | the coffin to the cemetery
⟦line⟧
58.000 | ⟦line⟧
Please order that we be provided with receipts for the mentioned amounts.
Please accept our highest thanks and respect,
Sincerely,
⟦signature⟧
Finance
⟦signature⟧
21 / 3 / 52
52 / 3 / 22
Meir Elias Hospital
Baghdad
MEIR ELIAS HOSPITAL
BAGHDAD
TELEPHONES { 7480 / 3006
Telephone { 7480 / 3006
Management of the Lay Council - Baghdad
⟦illegible⟧
Incoming No. ⟦illegible⟧
No. Number: S / 36 / ⟦illegible⟧
Date: 23 / 6 / 1952
To
The Presidency of the Hebra Kadisha Association
After greetings
We have noticed that your association pays the costs of preparation and shrouding for the deceased adults who pass away
in Meir Elias Hospital and who are poor. Since this plan is applied only to the poor adults,
we inform you that this rule must be applied to the poor young children who pass away in
the hospital, and that this hospital is not responsible for paying any expenses resulting therefrom. Therefore, please
take the necessary measures in this regard.
Please accept our highest respect.
Member of the Lay Council
Delegated
to manage the hospital affairs
A copy thereof to the Presidency of the Lay Council for information.
Returned to the Hebra Kadisha Association for consideration
and to decide what action is necessary
⟦signature⟧
25 / 6 / 52
11/22 3000 1/8/949 Al-Zawra Press
TELEPHONES { 7480 Meir Elias Hospital 7480 } Telephone
3006 Baghdad 3006
MEIR ELIAS HOSPITAL
BAGHDAD
⟦line⟧
No. 275 / 36 / M Number
Date 23 / 6 / 1952 Date
To
Presidency of the Hevra Kadisha Society
Greetings,
We have noticed that your society pays the costs of preparation and shrouding for the deceased adults who die
in Meir Elias Hospital and who are poor. Since this plan is applied to poor adults only,
we inform you that this rule must be applied to poor young children who die in the
hospital, and this hospital is not responsible for paying any expenses resulting from that. We hope
you will take the necessary measures in this regard.
Please accept our highest respect.
⟦signature⟧
Member of the Lay Council
Delegated
For the Management of Hospital Affairs
A copy to the Presidency of the Lay Council for their information.
11/22 Al-Zawra Press 1 / 8 / 949 3000