Legal Documents, Jewish Religious Courts; Property Documents
View interactive document pageThis item contains legal documents that pertain to the Baghdadi Jewish community. May of the documents are correspondence between the Jewish Religious Courts and different third parties concerning legal matters of Iraqi Jewish citizens. Also included is a 1964 Iraqi government publication concerning land and agrarian reform laws, and requests for information from the Iraqi government regarding properties and endowments owned by the Baghdadi Jewish community.
⟦scribble⟧ 17 December 937 attendance paper Headquarters of the Royal British Air Force in Iraq Sin el-Dhibban After greetings and respect We attach herewith a subpoena for the person named Yusuf Salman Shaya, an employee in the Meteorological Department. Please notify him and return the second voucher signed and certified according to the regulations. Sincerely. ⟦On behalf of⟧ Head of the Community
The Religious Court of the Holy Community Baghdad, may God protect it The Jewish Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD No. Year 5698 Date 11 Tishrei 5698 Testimony for all who see it. 1. Shimon son of Abraham 1. Abraham son of Daniel In the year ⟦...⟧ It is known to them that Rachel daughter of Abraham, of blessed memory, wife of Daniel, of blessed memory, on Sunday, 1st of Kislev, year 5698, died in Baghdad And this is what they testified and signed ⟦...⟧ His servant ⟦...⟧ His servant ⟦...⟧ Presidency of the Jewish Community: Baghdad: Special Number: 7217 Date: 17/12/9
4622 21 November 937 Notifications Department Baghdad Enclosed herewith is a summons for the person named Yusuf Salman ⟦Ata⟧, the employee in the Meteorological Department at the British Forces Center, Sin al-Dhiban, to be notified to him and returned to us signed and certified according to the regulations. ⟦red flourish⟧ Alwi Head of the Community ⟦illegible stamp⟧
⟦Pearls and No⟧ 762 Rabi' al-Thani year 16 Presidency of the Court of ⟦...⟧ And peace On the occasion of this day, we send by the same hand enclosed the identity confirmation documents of the wife of the late Shaul, Louisa Anis Qaya, for formal authentication and the certification of the signatures of the sellers and witnesses in the sale document concluded in our office so that the aforementioned may be able to ⟦Red ink mark/signature⟧ To you Presidency of the Hakham Bashi ⟦illegible rectangular stamp⟧
⟦illegible⟧ 10 January 938 His Eminence, the President of the Honorable Jewish Religious Court Reference to your letter No. 328 dated 5 Cheshvan 698 We return to you herewith the second coupon of the summons form signed by Saleh Salman Qahtan and duly certified; ⟦Sassoon⟧ Head of the Community ⟦illegible⟧
Iraqi Government Ministry of Justice Please refer to the general number Section: Foreign Notifications General Number: 25/1/207 Special Number: Telegraphic Address: Adliya Date: 2 Dhu al-Qi'dah 1356 / 4 January 1938 Subject Summary: Presidency of the Jewish Community in Baghdad Reference to your letter numbered 4576 and dated 7 October 937 We return to you herewith the second coupon of the summons form signed by Saleh Salman Qahtan and duly certified. On behalf of the Minister of Justice ⟦illegible⟧ Presidency of the Jewish Community Baghdad Special Number 2242 Date 7 / 1 / 1938 A. Sh.
Directorate of Consular Affairs ⟦17 / 10 / 1⟧ ⟦9⟧ December 1937 Subject - Notification of a subpoena Ministry of Justice Reference to your letter numbered A/25/1607 and dated 16/11/1937 . We return to you herewith the subpoena addressed to Saleh Salman Qahtani after it has been explained and signed in accordance with the procedures . ⟦illegible⟧ On behalf of the Minister of Foreign Affairs 12/28
4572 17 October 937 ⟦Presidency of the Israelite Community⟧ Ministry of Justice Baghdad Reference to your letter No. 9 / 1607/25 dated 17 October 937 The address of the person named Saleh Salman Qahtan to be notified is via his brother Heshmat Salman Qahtan - Khiyaban Cheragh Bargh - Tehran - 4 On behalf of Head of the Community
The Iraqi Government Ministry of Justice Please refer to the general number Division: Foreign Notifications General Number: 1/25/7/1607 Special Number: Telegraphic Address: Adliya Date: 12 Sha'ban 1356 17 October 937 Subject Summary: ⟦line⟧ Presidency of the Jewish Community in Baghdad Reference to your letter numbered 4567 and dated 11 October 1937. Please inform us of the address of the person to be notified with the summons named Saleh Salman Qahtan, as the address provided was not sufficient to find him. ⟦illegible signature⟧ For the Minister of Justice Presidency of the Jewish Community: Baghdad: Special Number: 2169 Date: 27/10/37 A.S. / 16
Iraqi Government Ministry of Justice Foreign Notifications Department Please refer to the general number General Number: 2511 / 1607 Private Number: Telegraphic Address: Justice Date: 14 / Shaban 1356 19 / October 1937 Subject Summary: Notification of a summons Ministry of Foreign Affairs ⟦Respectable⟧ - Baghdad - We present to you herewith a summons issued by the Sharia Court of the Jewish Community in Baghdad and we request the order to notify it to the defendant Saleh Salman Qahtan via his brother Heshmat Salman Qahtan - Cheragh Bargh Street - Tehran and to return the lower part of the summons signed and certified as per the regulations. ⟦signature⟧ On behalf of the Minister of Justice A copy for information to " - The Presidency of the Jewish Community in Baghdad with reference to its letter numbered 4576 dated 17 / 10 / 1937 M.A. / ⟦illegible⟧ For filing Presidency of the Jewish Community General Number 7177 Date 22 / 10 / 1937
⟦228⟧ ⟦...⟧ 27 December 937 His Eminence the President of the Respectable Israeli Religious Court Reference to your letter No. 297 dated 16 Tevet 98 Based on the letter of the General Directorate of Post and Telegraph No. AZ / 570 dated 23 December 937 to this department, the employee Salim Yusuf receives a nominal salary of ten Dinars per month; ⟦On behalf of⟧ Head of the Community
Iraq Directorate General of Posts and Telegraphs Telegraphic Address: Postgen Baghdad (Personnel Affairs Department) Number: Z/575 Date: December 23, 1937 To The Presidency of the Jewish Community In Baghdad Subject: Salim Yusuf. Your letter No. 4670 dated 12/21/1937. Salim Yusuf, an employee in this administration, receives a nominal salary of 10/- (ten dinars) per month. On behalf of the Director General of Posts and Telegraphs ⟦signature⟧ ⟦Accounts⟧ ⟦signature⟧ Presidency of the Jewish Community: Baghdad: Private Number: 2225 Date: 12/24/1937 S. D.
⟦467⟧ 21 December 937 General Directorate of Posts and Telegraphs Based on the request of the Jewish Religious Court in Baghdad, it is necessary to inform us of the amount of the monthly salary received by Mr. Salim Yusuf Rahima, the employee at the Al-Samawal Post Office ⟦if⟧ ⟦from⟧ Head of the Community
The Religious Court of the Holy Community Baghdad, May God Protect It The Jewish Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD No. 297 Year 5698 Date 16 Shevat 5698 I, the undersigned, testify on behalf of the Religious Court that Mr. Avraham Eliyahu H. S. M. David was born in Baghdad on the day of 6 Elul in the year 5686 corresponding to the day of 16 August of the year 1926 and this is clear to us in our circumcision records. And as proof we have signed ⟦illegible⟧ Judge and Teacher of Justice ⟦illegible⟧ Presidency of the Jewish Community Baghdad Special Number 772 Date 21 / 8 / 1938
The Court of Justice of the Holy Community Baghdad, may God protect it The Jewish Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD No.: Date: 9 Tishrei ⟦81⟧ Year: 569 We designate Mr. Hakham Sasson Fattal, may his Rock and Redeemer preserve him And with Mr. Hakham Moshe son of Hakham Sasson son of Cohen, may his Rock and Redeemer preserve him We have lived and we have endured Before us, the undersigned, Mrs. Aziza daughter of Ezra Kahal desired and agreed To a share in the house of so-and-so son of Cohen and also ⟦...⟧ 11/120 share of the inheritance In the house of so-and-so, and she desired and agreed to sell, give, and hand over to Aziza daughter of Abraham Hesed, a deed and right and ownership according to the law ⟦...⟧ Hezekiah Hugi Aboud
⟦Departure⟧ 14 December 937 His Eminence the President of the Honorable Israelite Religious Court Reference to your letter dated 10 Kislev 97 The teacher Salim Shamoun Samouha receives a monthly salary of 10/875 Dinars; ⟦illegible⟧ ⟦On behalf of⟧ Head of the Community
Directorate Baghdad Education District Please refer to the full number: Number: M 50 Sh / 9171 Date: 8 / 10 / 1356 11 / 12 / 937 Subject To the Presidency of the Jewish Community in Baghdad Reference to your letter numbered 4635 and dated 24 / 11 / 937 The salary amount for the teacher Salim Shamoun Samouha is 5.875 Dinars Please be informed accordingly. ⟦signature⟧ Director of Baghdad Education District Presidency of the Jewish Community: Private Number: 2212 Date: 14 / 12 / 937 10 Sh
22 November 937 Directorate of Baghdad Education District Based on the request of the Israeli Religious Court in Baghdad, we request that you inform us of the amount of the monthly salary received by Mr. Salim Shamoun Samouha, the teacher at the Preparatory School for Boys; ⟦illegible⟧ Alwa Head of the Community ⟦illegible⟧
In the name of God, the Most Gracious, the Most Merciful Ministry of Justice Baghdad District Court of Appeal Case Number ⟦11⟧ / S / 963 Judgment Number (141) The Baghdad District Court of Appeal was formed on 10/15/964 by Vice President Mr. Abdullah al-Damlouji and the membership of Messrs. Mustafa Jawad and Ahmed Saleh al-Bayati, authorized to adjudicate in the name of the people, and issued the following decision:- Appellant: Hamid al-Obaidi, his attorneys are the lawyer Mr. Abdul Jabbar al-Tikriti and Mr. Hussein al-Haj Ali. Appellee: Chairman of the Administrative Committee for Jews, in addition to his trusteeship over the endowments of Menachem and Sassoon Daniel, his attorneys are the lawyers Messrs. Hassan Abdullah Muzaffar, Muhammad Salem Zaidan, and Sharul Moss. Date of notification of the primary judgment - 1/5/963. Date of filing the appeal - 1/8/963. The plaintiff, Hamid Majid al-Obaidi, claimed before the Karkh Court of First Instance in case number 45 / 961 that an agreement was previously reached between him and the defendant, Emil Saleh Shlomo, the trustee of the Menachem Daniel endowments, through his attorney, the lawyer Edwar Yaqoub, pursuant to two contracts certified by the notary public on 11/24/960, that the defendant, in his capacity as an agent, would waive the rental fees due to the aforementioned endowment from the 297 / 504 share belonging to the shops and the upper rooms thereof located in Khan Ajfan in the Bab al-Agha neighborhood for a period of three years starting from Jumada al-Awwal 1380 in exchange for an amount of (279,001 / -) dinars, which the defendant received from him in cash as it equals the rental fees agreed upon with the occupants of the shops. He received from the rental fees an amount of one thousand five hundred dinars in cash and one thousand seven hundred and eighty-five dinars by promissory notes drawn to the order of the defendant and endorsed in his name, due on their respective dates. Whereas the defendant concluded another contract with Mr. Khairi Hassoun al-Aghwan certified by the Kadhimiya notary public for a period of two years starting from 1/1/961, and Mr. Khairi issued warnings in this regard to the occupants of the shops and rooms in Khan Ajfan demanding that they pay the rental fees to him or to the Kadhimiya notary public. Thus, the defendant has violated the terms of the two contracts concluded between them, so he was forced to request a precautionary seizure. The court decided to place a precautionary seizure on the defendant's property located in his house and on his shares in the Zia Hotel. The plaintiff requested to bring the defendant for trial and to rule against him to rescind the contract and pay the claimed amount of (24,615 / -) twenty-four thousand six hundred and fifteen dinars with the penal clause amounting to eight thousand dinars and legal interest from the date of filing the lawsuit until actual payment, and to confirm the precautionary seizure that took place, and to charge the defendant all costs, fees, and attorney fees. After conducting the trial, the aforementioned court decided on 12/18/962 to dismiss the plaintiff's lawsuit and charge him all trial costs, lift the precautionary seizure that took place, and charge the plaintiff attorney fees amounting to five dinars. The plaintiff appealed this judgment before the Baghdad Court of Appeal within the legal period and requested its rescission and to compel the defendant, in addition to his trusteeship, to return the claimed amount of (24,615 / -) dinars and to rule against him for interest, as well as to rule for the penal clause and to confirm the precautionary seizure that took place in the seizure case numbered ⟦1 / 961⟧. The court heard the statements of both parties and examined the appealed primary case file, and since nothing remained for the parties to say, the conclusion of the trial was ended.
File Number 11 / S / 63 ( 2 ) The Decision - Upon scrutiny and deliberation - the court found that the appeal was based on the fact that the decision of the Court of First Instance, which dismissed the lawsuit of his client, the appellant, on the grounds that the agent exceeded his authority in his general power of attorney, is contrary to the law. This is because the text of the decision established that the agent, Edward Yaqoub Shashoua, has the right to (lease all properties, lands, and common shares belonging to me and the properties of the endowment referred to above to whomever he wishes for the consideration he deems appropriate, and to receive the rental payments from the aforementioned properties and endowments, sign lease contracts and terminate them, and sign contracts, and he has the right of performance - and waiver regarding my private properties only, and to settle with tenants and acknowledge). The judgment added (that he concluded two assignment contracts for a period of three years in exchange for a known consideration in his capacity as an agent for the trustee of the Menachem Daniel endowments. It was proven that the agent exceeded the limits of his agency and concluded the two assignment contracts, and that he entered into these two contracts to the detriment of the interest of the endowment) - even though the trustee of the endowment or his general agent has the right to lease the endowed real estate or waive its rental payments for a period of three years. He also has the right to initiate lease contracts for the endowment's investments and obtain their fees, and by priority, he has the right to waive the payments and receive the consideration, and these actions are considered nothing more than administrative acts that he has the right to practice legally. And that this leasing of the endowments or the waiver of the lease in exchange for a consideration does not involve harm to the endowment, but rather a definite benefit from it. And the general authority of the agent is a general authority according to what was stated in the power of attorney regarding the right to lease for the consideration he wishes and to receive the rental payments, so the waiver also includes them. It was also stated at the end of the power of attorney that the agent has the use of all powers granted to me by the law and which I can use for the same law. And the Court of First Instance bound itself when it made the agency general, so the general agent has the right to perform all possible dispositions. Since the agent admitted to receiving the amount for which the waiver took place, the decision of the Court of First Instance is contrary to the law and requested its annulment and the dismissal of the appeal. And the agent of the appellee replied that the contract of assignment to other persons is considered equivalent to borrowing and taking loans for the account of the endowment, so the trustee does not have the right to waive the rental payments as the powers held by the agent were specified and limited to waiver, discharge, and release regarding my private properties. This is in addition to the fact that the trustee does not possess the authority to waive, so he does not possess the right to give it to others, because the endowment deed has listed the powers of the trustee and they do not include the waiver mentioned in the two contracts. This is in addition to the fact that the disposition occurred during a period dominated by suspicion and doubt, so no responsibility is entailed upon the endowment as a result of that. And since, by referring to the endowment deed which indicates the rights enjoyed by the trustee, it was found that before the conditions of expenditure and the monitoring of this disposition were changed by the body appointed by the endowment deed, it was devoid of anything indicating a restriction on the trustee in exercising his rights stipulated by the jurists of Islamic Sharia. Also, after some of its conditions were changed regarding the necessity of expenditure and the establishment of a special body to supervise the trustee in the aspects of expenditure and the organization of the endowment's budget, it did not appear that the trustee's rights, which were approved by Islamic Sharia, had been restricted. Accordingly, the trustee's rights were not subject to any of the restrictions that prevent the trustee or his agent from leasing the properties or waiving them in exchange for a specific amount. And since, by referring to the power of attorney given by the trustee to Edward Yaqoub Shashoua in his capacity as a trustee over the endowments whose leases were assigned to the appellant, the court finds that it stipulates that the trustee has authorized Edward Yaqoub to perform the following acts: (1) In leasing all properties, lands, state lands, and common shares belonging to me and the properties of the endowment referred to above to whomever he wishes and for the consideration he deems appropriate, and to receive the rental payments from the aforementioned properties and endowments and to sign lease contracts. (To be continued)