AI en Translation, Pages 326-350
Page 328
The purpose of drafting this receipt.
I, the undersigned, Edward Yaqoub, the general agent for the trustee of the Menachem Daniel Endowments, in my personal capacity and as a trustee,
have received from the lawyer Hamid Majeed Al-Obaidi a sum of three thousand six hundred dinars, and that is from
the amount owed by him for the rent of shares (504/297) for the shops and stores located
in the three markets in Khanjaghan and the upper rooms thereof located in the Bab Al-Agha neighborhood, according to
the contract concluded between us and certified by the Notary Public of South Baghdad II under general number 4915 -
and dated 8/22/1960, and accordingly I have signed this receipt as an acknowledgment of my receipt of the aforementioned amount and a
general discharge of his liability regarding what was stated in the second clause of the aforementioned contract.
Edward Yaqoub
General Agent for the Trustee of the Menachem Daniel Endowments
In his personal capacity and as a trustee according to the certified general power of attorney
from the Karkh Notary Public under general number 383 and dated
5/30/1955
The Republic of Iraq
Revenue Stamp
⟦illegible signature⟧
Page 329
1 Jumada al-Ula 1380 AH
21 / 8 / 1960 AD
True Copy
Agreement
First Party - Edward Yaqoub - General Agent for the Trustee of the Menahem Daniel Endowments
Second Party - Lawyer Hamid al-Obaidi and Mr. Thamer Jawhar
The two parties have agreed upon the following:
1 - The First Party, in his capacity as the General Agent for the Menahem Daniel Endowments, both personally and as a trustee by virtue of his general power of attorney
stipulated below, has agreed to waive to the Second Party the share of the aforementioned endowment from the rental values
for the 297/504 share belonging to the shops and the upper rooms located in the three markets
in Khanjaghan in the Bab al-Agha district for a period of two years starting from the first of Jumada al-Ula / year 1380 -
in exchange for an amount of (18,600) Dinars, which are the rents currently agreed upon with the tenants occupying
the aforementioned premises.
2 - The First Party has received an amount of fifteen thousand and three hundred Dinars out of the total rental
value amounting to eighteen thousand and six hundred Dinars from the Second Party according to the receipt numbered
General Number 4849 dated 8/20/1960, certified by the Notary Public of South Baghdad II, on account of
the rental values.
3 - The First Party is committed by the contract, considering that the share of the Menahem ⟦D⟧aniel Endowments amounting to
297/504 of the three markets, its rental value for one year shall be nine thousand and three hundred
Dinars relative to the occupants of the shops in the mentioned markets. The First Party shall be obliged to pay any
shortfall from the mentioned value to the Second Party should that occur.
4 - The First Party is committed to endorsing all promissory notes taken from the occupants of the mentioned shops to the Second
Party, and authorizes the Second Party to collect in accordance with the contracts concluded between the First Party and the shop occupants.
5 - The First Party is committed to all legal reductions should the government enact a law or decree reducing
rental values by the percentage decided by the law or decree, which shall be deducted from the original amount received by
the First Party; i.e., the First Party shall be responsible for legal reductions.
6 - If it appears that the First Party or any beneficiary of the aforementioned endowment has taken a path contrary
to this contract regarding leasing or waiving for the purpose of receiving rental values, the First Party, as the General Agent
for the mentioned endowment, shall be responsible for paying the amounts along with a compensation amount to the Second Party of five thousand Dinars if
the First Party ⟦reneges⟧ on implementing the terms of this agreement, or if the rental value is contrary
to the value mentioned in the third clause.
7 - The First Party must provide a detailed schedule with the names and numbers of the shops and rooms, mentioning the rental values,
on the condition that it matches the value of the rental shares for Menahem Daniel, amounting to nine thousand and three hundred Iraqi
Dinars for a period of one year.
8 - The First Party is owed by the Second Party an amount of three thousand and three hundred to be paid to the First Party
after seven months have passed from the date of implementation of this contract, corresponding to 1/Jumada al-Ula/1380 AH.
This contract was signed between the two parties without pressure, coercion, or deception, written in Baghdad on 21 / 8 / 1960.
Second Party | First Party
Thamer Jawhar | Edward Yaqoub, General Agent for the Trustee of Endowments
Lawyer Hamid al-Obaidi | of Menahem Daniel by virtue of the General Power of Attorney
| certified by the Notary Public of Karkh under
| General Number 383 dated 30 / 5 / 1955
Notary Public Office
South Baghdad II
No. 4915 dated 22 / 8 / 60
Republic of Iraq
10 Fils
I certify that the signatures shown at the bottom of this paper are the signatures of Edward Yaqoub in his capacity as agent
for the endowment, Lawyer Hamid al-Obaidi in person, and Thamer Jawhar in person, and they have read its content and acknowledged
the correctness of its contents on 22 / 8 / 1960.
Abdul Malik
Notary Public of South Baghdad II
Page 330
Baghdad 25 / 2 / 1961
To the honorable Mr. Lawyer Hamid Majid Al-Obaidi, respected
Greetings and respect
I have received your letter dated 3 / 2 / 61 informing me that Mr. Khairi Hassoun Al-Ansari
has announced in the Iraqi Al-Akhbar newspaper issued on February 2, 1961, that he has leased from me -
in my capacity as the general agent for the trustee of the Menahem and Sassoon Daniel endowments, the Daniel Market known as Khan-Khan and the shares
belonging to <del>my client</del> my client in the Zia Hotel as well as in Khan Sassoon Daniel, and that you are urging me to annul
Khairi's contract considering that this contract came approximately four months after your contract, and therefore I request of you
not to take any legal measures to annul the contract concluded between me and you and certified by the Notary Public of South
Baghdad II, and I also request a period of only five days from the writing of this letter so that I may be able to
annul the contract of Mr. Khairi Hassoun which I concluded by mistake, otherwise you may take measures to annul the contract
concluded between me and you without the need for a formal notice or any other ceremonies. Please accept my utmost thanks
and respect
Signature
General Agent for the Trustee of the Menahem Endowments
Daniel
True copy
Right side 128 first installment
The youth ⟦illegible⟧ second installment
1 / 2 / 61 ⟦illegible⟧
The Iraqi Republic
Revenue Stamp
10 Fils
⟦illegible⟧
Second Voucher
Considering ⟦...⟧
1 - ⟦illegible⟧
2 - ⟦illegible⟧
3 - ⟦illegible⟧
4 - ⟦illegible⟧
5 - ⟦illegible⟧
6 - ⟦illegible⟧
7 - ⟦illegible⟧
8 - ⟦illegible⟧
Chief of Court ⟦...⟧
Clerk ⟦...⟧
Accountant ⟦...⟧
Baghdad on 2 / 10 / 1963
Number 286
⟦...⟧ on 2 / 10 / 1963
⟦...⟧
Page 331
Agreement
First Party - Edward Yaqoub - General Agent for the Trustee of the Menahem Daniel Endowments
Second Party - Lawyer Hamid Majeed Al-Obaidi.
The two parties have agreed on the following:
1 - The First Party, as the General Agent for the Trustee of the Menahem Daniel Endowments in his personal capacity and as trustee by virtue of his general power of attorney set forth below, has agreed to waive to the Second Party the rental amounts due to the aforementioned endowment for the share (297 / 504) belonging to the shops and the upper rooms located in the three markets in Khanjaghan in the Bab Al-Agha neighborhood for a period of one year starting from the first of Jumada al-Awwal - 1382 until 30 / Rabi' al-Thani / 1383 in exchange for an amount of (9300) Dinars, which are the rents currently agreed upon with the tenants occupying the aforementioned premises.
2 - The First Party <del>⟦illegible⟧</del> has received an amount of (9300) Dinars from the Second Party in cash, representing the rental amounts for the year mentioned above.
3 - The First Party is bound by the contract to consider the share of the Menahem Daniel Endowments, amounting to 297 / 504 of the three markets, to have an annual rental value of nine thousand three hundred Dinars, which is the amount received from the Second Party mentioned in the second clause of this agreement regarding the occupants of the shops in the mentioned markets. The First Party shall be obligated to pay any deficiency in the mentioned amount to the Second Party should such a deficiency occur.
4 - The First Party undertakes to endorse all contracts and promissory notes taken from the occupants of the aforementioned shops to the Second Party, and authorizes the Second Party to collect payments regarding the contracts concluded between the First Party and the shop occupants.
5 - The First Party is bound by all legal reductions if the government enacts a law or decree to reduce rental rates by the percentage decided by the law or decree, which shall be deducted from the original amount received by the First Party; meaning the First Party is responsible for legal reductions.
6 - If it appears that the First Party or any beneficiary of the aforementioned endowment has taken a path contrary to this contract regarding leasing or waiving for the purpose of receiving rental amounts, the First Party, as the General Agent for the mentioned endowment, shall be responsible for paying the ⟦amounts⟧ received along with compensation to the Second Party in the amount of three thousand Dinars. This also applies if the First Party fails to implement the terms of this contract or if the rental value contradicts the rental amounts mentioned in the third clause above.
7 - The First Party must provide a detailed schedule with the names and numbers of the shops and rooms, stating the rental amounts, provided that the total rental value for the share of Menahem Daniel matches the amount of nine thousand three hundred Iraqi Dinars per year.
8 - This contract was signed between the two parties without pressure, coercion, or deception, drafted in Baghdad on 24 / 11 / 1960.
Second Party First Party
Lawyer Hamid Majeed Al-Obaidi Edward Yaqoub, General Agent for the Trustee
of the Menahem Daniel Endowments by virtue of the general power of attorney
certified by the Notary Public of Karkh under general
number 383 and dated 30 / 5 / 1955
True Copy
Edward Yaqoub, General Agent for the Trustee of the Menahem Daniel Endowments
Annual Number 7717 and dated 24 / 11 / 1960
I, the undersigned at the bottom of this contract, certify the signature of the First Party, Mr. Edward Yaqoub,
General Agent for the Trustee of the Menahem Daniel Endowments by the general power of attorney certified by the Notary Public of Karkh
under number 383 and dated 30 / 5 / 1955, whose identity is known. He read it, acknowledged its content,
and signed it before me on 24 / 11 / 1960.
Second Notary Public of Baghdad
⟦illegible⟧
Republic of Iraq
10 Fils
Revenue Stamp
Page 332
Advocate Hassan Abdullah Muthafar
Advocate Hadi Latif
Sabri Bldg. - Mustansir Street
Tel. 82280
81442
83065
Lawyers Office
Hassan Abdullah Muthafar
Hadi Latif
Mustansir Street - Sabri Tuaima Building
Office Telephones 82280 - 81442 - 83065
257
⟦The appellant⟧ proving his excuse
with what written evidence
and did not refer except to ⟦the witness⟧
Number: L / 381 / K / 62
Date: 4 / 11 / 1962
Honorable Judge of the Karkh Court of First Instance
Response brief for lawsuit number 45 / B / 61
Lawsuit number 45 / B / 61 was filed in your esteemed court, and based on Articles 30 or 31 of
the Civil and Commercial Procedure Law, which requires the plaintiff to serve copies of all supporting evidence for his claim.
In view of the filing of the lawsuit against the former dismissed trustee.
We kindly request that the plaintiff be instructed to serve us with the following:
First: A copy of the contract concluded between the plaintiff and the agent of the dismissed trustee, No. 4915, dated 22 / 8 / 60
Second: A copy of the contract concluded between the plaintiff and the dismissed trustee, No. 717, dated 24 / 11 / 1960
Third: A copy of the general power of attorney given by the former dismissed trustee, Mr. Emile Saleh Shlomo, to his agent
Lawyer Yaqoub, No. 383, dated 30 / 5 / 1955, and certified by the Karkh Notary Public.
Fourth: A copy of the warning sent by the plaintiff to the former dismissed trustee, which includes the plaintiff's request
to terminate the contract concluded between them by the former trustee waiving the rental fees.
Fifth: A copy of the receipt for the amount of three thousand six hundred dinars, which the plaintiff relied upon in his evidentiary grounds
in the lawsuit petition.
Sixth: All written documents named by the plaintiff in his lawsuit petition (and all other evidence).
Since we have not been served with copies of those documents, and in order for us to be able to respond to the plaintiff's claim, we kindly request
that the plaintiff be instructed to serve us with copies of them so that we can respond to the lawsuit.
With respect.
Lawyer
Shaul Moussa
Lawyer
Hassan Abdullah Muthafar
The Letter
⟦illegible⟧
Certificate
Based on the request of the Presidency of the Jewish Community in Baghdad - pursuant to its letter No. 441 on 1/1/1964
We certify the following according to our official records:-
1- Plot number, location, area, and type:-
According to our records, the plot numbered 4/114 is located in the Al-Sinak district in Baghdad, and its area is 414 square meters
and 25 cm2, and it is registered in the name of the Jewish Community in Baghdad under deed No. 41141 on 1/15/1954 based
on the letter of the Presidency of the Jewish Community in Baghdad No. 441 on 1/1/1954 (300/742), and its area is 12 Awl
and 42 square meters, and its type is a residential house containing rooms and sanitary facilities built of brick and gypsum and roofed with wood
on the ground and upper floors (0062) degree, and a two-story building of 561 m2 was constructed on it under permit 686
2- Ownership of the plot, ownership area, and type of disposal:-
The aforementioned plot (0062) degree belongs to the Jewish Community in Baghdad under the deed
3- Status of the plot in terms of mortgage and seizure:-
On 1/27/1971, we recorded a precautionary seizure notice on the mentioned plot pursuant to the letter of the Execution Department in Baghdad No. 6
based on the decision of the Baghdad Court of First Instance issued in lawsuit No. 543 on 1/25/1971, the subject of which is (3000)
dinars, the value of the promissory note signed by the Presidency of the Jewish Community in Baghdad and payable to the order of Mr. Yusuf in London
and transferred to the order of Mr. Louis Levy for his benefit, represented by lawyer Raymond Shaoul, by the Presidency of the Jewish Community in Baghdad
4- Legal and administrative status of the plot:-
The aforementioned plot is pure state-owned land under deed No. 41141 on 1/15/1954 and pursuant to
the letter of the Real Estate Registration Directorate in Baghdad No. 41141 on 1/15/1954, and its area is 414 square meters and 25 cm2
5- General remarks:-
We have nothing in our records to prove that this plot has been expropriated from the Presidency of the Jewish Community in Baghdad
under the Agrarian Reform Law or any other law; rather, it is the pure property of the mentioned community under the deed
Based on the above, we have issued this certificate at the request of the Presidency of the Jewish Community in Baghdad
dated 1/27/1971, regarding the precautionary seizure notice on the aforementioned plot based on the decision of the Baghdad Court of First Instance
in lawsuit No. 543 on 1/25/1971, the subject of which is (3000) dinars, the value of the promissory note signed by the Presidency of the Jewish Community
in Baghdad and payable to the order of Mr. Yusuf in London and transferred to the order of Mr. Louis Levy for the benefit of the office of lawyer Raymond Shaoul
by the Presidency of the Jewish Community in Baghdad pursuant to the letter of the Execution Department in Baghdad No. 6 on 1/27/1971
This certificate is valid for one year from the date of its issuance based on the provisions of Article 43 of the Real Estate Registration
Law No. 43 of 1971 as amended, and it may not be used for any purpose other than that for which it was issued based on the provisions of Article 7
of the aforementioned law. Written in Baghdad on the eleventh day of February of the year 1971 AD
Presidency of the Jewish Community
in Baghdad
Number 543 / 1971
Date 2/11/1971
President of the Jewish Community
in Baghdad
Lawyer Raymond Shaoul
On behalf of the Presidency of the Jewish Community in Baghdad
Pursuant to the general power of attorney certified by the Notary Public
Baghdad on 5/11/1951 under number 686
We certify the authenticity of the above signatures of lawyer Raymond Shaoul in his capacity as an agent for the Presidency of the Jewish Community in Baghdad
in lawsuit No. 543 on 1/25/1971, Baghdad First Instance, transferred to the order of Mr. Louis Levy for the benefit of the office of the lawyer
mentioned above pursuant to the general power of attorney certified by the Notary Public of Baghdad on 5/11/1951 under number 686
Written on 2/11/1971
Vice President of the Baghdad Court of First Instance
In the name of the Community
Page 333
Lawyers' Office
Advocate Hassan Abdullah Muthafar
Hassan Abdullah Muthafar
Advocate Hadi Latif
Hadi Latif
Sabri Bldg. - Mustansir Street
Mustansir Street - Sabri Tu'aima Building
82280
Office Telephones 82280 - 81442 - 83065
Tel. 81442
83065
Number: L / 381 / 62
Date: 4 / 11 / 1962
To the Honorable Judge of the Karkh Court of First Instance
Responsive Memorandum for Lawsuit No. 45 / B / 61
Lawsuit No. 45 / B / 61 was filed in your honorable court, and based on Articles 20 and 61 of
the Civil and Commercial Procedure Law, which requires the plaintiff to serve copies of all supporting evidence for his claim.
In view of the filing of the lawsuit against the former dismissed trustee.
We kindly request that the plaintiff be directed to serve us with the following:
First: A copy of the contract concluded between the plaintiff and the agent of the dismissed trustee, No. 4915 dated 22 / 8 / 60.
Second: A copy of the contract concluded between the plaintiff and the dismissed trustee, No. 717 dated 24 / 11 / 1960.
Third: A copy of the general power of attorney granted by the former dismissed trustee, Mr. Emil Saleh Shlomo, to his agent
the lawyer Edward Yaqoub, No. 383 dated 30 / 5 / 955, certified by the Karkh Notary Public.
Fourth: A copy of the notice sent by the plaintiff to the former dismissed trustee, which includes the plaintiff's request
to terminate the contract concluded between them by the former trustee's waiver of the rental amounts.
Fifth: A copy of the receipt for the amount of three thousand six hundred dinars, which the plaintiff relied upon in his evidentiary grounds
in the lawsuit petition.
Sixth: All written documents named by the plaintiff in his lawsuit petition (and all other evidence).
Since we have not been served with copies of those documents, and in order for us to be able to respond to the plaintiff's claim, we kindly request
directing the plaintiff to serve us with copies thereof so that we may respond to the lawsuit.
With respect.
Lawyer
Hassan Abdullah Muthafar
Lawyer
Shaul ⟦Moussa⟧
Page 334
Plaintiff: Hamid Majid Al-Obaidi, Lawyer
Defendant: Emil Saleh Shlomo, the Trustee of the Menahem Daniel Endowments, his general agent Edwar Yaqoub according to his general power of attorney under general number 383 dated 30 / 5 / 55, certified by the Notary Public of Karkh.
Subject of the Lawsuit: An agreement was previously reached between me and the defendant in his capacity as an agent for the Trustee of the Menahem Daniel Endowments
pursuant to the two contracts concluded between me and him and certified by the Notary Public of South Baghdad, the second under general number
4915 dated 22 / 8 / 960 and 717 dated 24 / 11 / 960, the originals of which are kept in the safe of your esteemed court,
stipulating that the defendant waives to me his share as an agent for what pertains to the aforementioned endowment from the rent amounts for the share of 297 / 504
belonging to the shops and the upper rooms thereof located in the three markets of Khan Ajfan, Bab Al-Agha neighborhood, for a period of
three years starting from 1 Jumada al-Awwal 1380 in exchange for an amount of 27,900 dinars, twenty-seven thousand nine hundred
dinars, which he received from me in cash as they are equal to the rent amounts currently agreed upon with the tenants
occupying the shops referred to above, a schedule of whose names and addresses is attached to this petition, and I have received
from the rent amounts a sum of 1,500 dinars in cash and 1,785 by virtue of promissory notes drawn to the order of the defendant
and endorsed in my name, maturing on their specified dates.
It has become clear that the defendant has concluded another contract with Mr. Khairi Hassoun Al-Ansari, certified by the Notary Public of Kadhimiya
under general number 42129 dated 17 / 12 / 1960 for a period of two years starting from 1 / 1 / 961, and the aforementioned
Khairi Hassoun Al-Ansari has issued warnings in this regard to the occupants of the shops and the bakery in the aforementioned markets -
through the Notary Public of Kadhimiya, copies of which are in the seizure file numbered 11 / H / 61 under general number
47 dated 28 / 1 / 961, requesting the occupants of the markets shown above to pay rent amounts to him or to the Notary
Public of Kadhimiya, and thus the defendant has violated the sixth clause of the two contracts referred to above. Based on
my request, your esteemed court decided on 7 / 2 / 61 to place a precautionary seizure on the defendant's property located in his house
located ⟦...⟧
0 and 2 / 223 and on the common shares of the Zia Hotel, and the aforementioned seizure decision was executed.
Evidentiary Grounds:
1 - The two lease contracts presented in the aforementioned seizure file and kept in the court's safe.
2 - A receipt for an amount of 3,600 dinars.
3 - And all other legal evidence.
Demands:
I request, after taking the necessary measures, to bring the defendant or his legal agent to this court after notifying him with a copy
of the petition, the list of items, and the two contracts kept in the court's safe along with the summons note, and after hearing the clarification
regarding the waiver of rent amounts, to compel him to rescind the contract and pay the claimed amount of 24,615 twenty-four
thousand six hundred and fifteen dinars with the penalty clause amounting to 8,000 dinars, eight thousand dinars, with its interest,
and to issue another decision to place a precautionary seizure on the rent amounts for the Khan Ajnaf markets mentioned above. And to notify -
the tenants of that, a schedule of whose names and addresses is attached herewith, and to charge him with the court costs and attorney fees.
And to consider this lawsuit as one of the simple lawsuits that do not require written notifications.
Page 335
75 / 56 Personal
Draft
Permission Inventory
732
Personal
The President of the Administrative Committee of the Jewish Community in Baghdad (acting as the Lay Council
of the aforementioned community in addition to his position - his two attorneys, Mustafa Al-Atarli and Ibrahim Azzouz
The Defendant - Emil Saleh Shlomo, the trustee of the endowments of Menahem and Sassoon, sons of Saleh Daniel - his attorney
Lawyer Anwar Yaqoub - his attorney Lawyer Abdul Rahman Zahour
The plaintiff claimed that both Menahem and Sassoon, sons of Saleh Daniel, had endowed during
their lifetime the properties specified in the Sharia deeds issued by the Personal Status Court and the Sharia
Court in Baghdad, and stipulated that their revenue be spent on the endowed entities as detailed in the endowment deed
issued by the Personal Status Court in Baghdad numbered 87 / 935 on ⟦...⟧ and they appointed two trustees, namely
Ezra Menahem Daniel and Saleh Shlomo, and after them the trusteeship passes to their eldest male children from
their descendants and successors, and in the event of the extinction of the lineage of one of the two trustees, the trusteeship is restricted to the remaining trustee or whoever takes
his place, and according to their expressed wish, the trusteeship returns to the Lay Council of the Jewish Community in Baghdad.
One of the two trustees, Ezra Menahem Daniel, died in 1952 without offspring, so the trusteeship was restricted
to the second trustee, Saleh Shlomo. Then the aforementioned trustee Saleh Shlomo died at the end of 1954.
The defendant was considered the trustee of the aforementioned endowments called (Endowments of Menahem and Sassoon
Saleh Daniel) as he is the eldest son of the deceased trustee Saleh Shlomo, according to the deed
issued by this court under number 55/8 on ⟦...⟧
According to the first clause of the deed mentioned above, numbered 87 / 35, issued by
this court, the trustee must submit to the Lay Council the annual budget for each
academic year before its commencement by a suitable period of no less than two months, the budget of the (Gan Yeladim) school, Menahem
Saleh Daniel, provided that this budget contains the total expected revenues to be obtained in the
endowed year for the upcoming academic year in a detailed manner, and how these revenues will be spent and the amount that will
be spent on the school to meet all its needs in a detailed manner and the amount that will remain from these revenues
and not spent by any person, for the purpose of auditing and approving it by the Lay Council and issuing
the permission to spend according to it. The trustee is obliged to spend according to what is recorded in the approved budget
by the aforementioned council. The trustee must submit to the Lay 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 revenues for the endowment and how they were actually spent.
- To be continued -
Page 336
75
6
Personal
⟦line⟧ 2 ⟦line⟧
And pursuant to paragraph (d) of the second item of the endowment deed mentioned above, numbered
87 / 25, if a surplus appears from the endowment revenues after spending the amounts allocated to a specific party, from this surplus
reserve amounts shall be kept in full and in the manner decided and designated by the Lay Council and according to
the method followed by the decision of the Lay Council in this regard.
And since the Administrative Committee of the Jewish Community in Baghdad has taken the place of the Lay Council
of the aforementioned community, it has decided to keep the reserve amounts available from the revenues of the aforementioned endowment
at the Ottoman Bank in Baghdad in the name of the aforementioned Administrative Committee for the account of the Menahem and Saleh
Sillal Daniel endowments.
However, the defendant, despite the warnings directed at him, has refused to implement
the conditions of the endowers and violated the duties incumbent upon him, the details of which are as follows:
A — He did not submit the budget required to be submitted as mandated by item (1) of
deed 87 / 25, for the purpose of auditing it, approving it, and granting permission to act accordingly.
B — He did not submit the accounting statements starting from the date of the death of Saleh Shlomo, the previous trustee,
to the date of the budget approved in April 1951 in a manner corresponding to the printed decisions and what was spent
from them, nor did he submit a detailed account of the receipts and revenues of the aforementioned endowment for the mentioned period.
C — He did not submit the account and the reserve amounts obtained from the revenues regarding their preservation
at the Ottoman Bank in the name of the Administrative Committee for the account of the aforementioned endowment as stipulated in paragraph
(d) of the second item of the aforementioned deed 87 / 25.
For these reasons, the defendant is considered negligent and remiss in the matter of preserving the affairs of the endowment
and in violation of the endower's conditions. Therefore, the plaintiff requests the removal of the defendant for trial and the issuance of a judgment
removing him from the trusteeship of the aforementioned endowments and charging him with the expenses.
Both parties were summoned for trial, and the attorneys whose names are shown at the beginning of this notice attended, and the
court listened to the statements of each of the parties and examined their briefs, and it appeared that the plaintiff attributes to the defendant
negligence and failure necessitating removal as a result of his failure to perform the actions required of him as set forth in the three
paragraphs (A, B, C) shown above only and nothing else. It is the opinion of the plaintiff's attorney that these
reasons are sufficient to remove him from the trusteeship. As for the defendant's attorney, he denied any negligence or failure on his client's part,
and nevertheless, during the trial, he submitted a statement of the revenues and expenditures of the endowment until 3/31/1956 and a copy of
the budget of the Menahem Daniel School, and stated that his client is not refusing to implement the endower's conditions, so there is no ground for his removal
legally. After each of the parties completed their evidence and defenses, the trial was concluded.
⟦line⟧ To be continued ⟦line⟧
Page 337
Personal 75
- 2 -
The Decision - The plaintiff attributes to the trustee negligence and dereliction in the matters of the trusteeship as a result of his failure
to perform the three acts mentioned above, and therefore he believes that his failure to perform these acts makes
him negligent and derelict, and that this negligence and dereliction warrants his removal.
In the court's opinion, the plaintiff does not have, based on these reasons, the right to remove the defendant from
the trusteeship stipulated for him for two basic reasons.
(The First Reason) is the Sharia reason - and its requirement is the impermissibility of removing the trustee for whom the trusteeship was stipulated
unless his betrayal is proven, and the plaintiff has not proven betrayal against the defendant.
Professor Ali Haidar says in his book (Arrangement of Years in the Provisions of Endowment): "The judge does not have the right
to remove the trustee for whom the trusteeship was stipulated unless his betrayal is proven, and if he removes him and appoints someone else in his place, this person
shall not be a trustee. However, if the trustee was appointed by the judge and the trusteeship was not stipulated for him, it is permissible
for the judge to remove him even if his betrayal is not proven according to some, while others say it is not permissible."
It was stated in the Book of Endowment by Professor Abdul Jalil Abdul Rahman Hiti, page 107: "The judge does not have the right
to remove the supervisor appointed by the endower unless it is proven to him by Sharia means what necessitates his removal, such as betrayal
or inability to carry out the affairs of the endowment due to an accidental cause whereby he cannot command, forbid, take, or give.
Even so, his removal is not mandatory; rather, it is mandatory to remove his harm from the endowment, either by removing him or by joining a trustworthy person to him.
He may not remove him merely for challenging his integrity, but he may join a trustworthy person to him to share in the supervision or oversee
his actions and prevent him from the supervisor's known [allowance] if there is corruption in it, otherwise from the yield of the endowment, while observing
the interest and the lack of harm to the beneficiaries. He may remove the supervisor appointed by him absolutely, whether this is a cause
for removal or not, because he is his agent, and the principal may remove his agent whenever he wishes."
He also says on page 108: "The supervisor is considered a traitor and deserving of removal if he acts in the affairs of
the endowment in a manner contrary to the endower's condition, knowing that, if there is a valid condition, or if he committed a crime
or was negligent in the affairs of the endowment or did what is not permissible for him in terms of actions. It follows from this that he deserves removal
if he mortgages a property of the endowment for a debt on the endowment, on himself, or on the beneficiaries, or sold some of it
without a Sharia justification, or reduced the yield of one of the endowment's assets, or planted in the endowment land, or planted for himself,
or lived in the endowment house and did not pay the equivalent rent, or leased the endowment to someone whose testimony is not accepted for him without equivalent rent,
or prioritized spending on beneficiaries over necessary construction or over paying the debt owed by the endowment, or was negligent
in collecting its yields, or stalled the beneficiaries in their rights, or mixed the endowment's money with his own money, or spent it on his own
needs."
He also says on page 101: "If the trustee is removed for lack of preservation and after a period he repents
to God and provides evidence to the one who removed him that he has become fit for the trusteeship, then the judge shall return him to the trusteeship over
the endowment."
- To be continued -
Page 338
75 6 The Presidency
- 4 -
What is benefited from all of the above is that the judge does not have the right to dismiss the trustee for whom the trusteeship was stipulated
unless his betrayal is proven. And that negligence and omission, if not gross to the extent of being the cause
that leads to damage to the endowment, is not suitable as a reason for dismissing the trustee for whom the trusteeship was stipulated. And since
the defendant was not appointed by the court as a trustee over the endowment, but rather the trusteeship was stipulated for him, then his failure
to perform the three acts attributed to him - assuming he did not perform them - is not suitable to be a reason
for his dismissal.
(The Second Reason) which is the reason related to the facts - and since even if it were assumed that negligence
and omission are considered a reason for dismissing the trustee for whom the trusteeship was stipulated, the court sees in this case that
negligence and omission that call for his dismissal cannot be attributed to the trustee for the following reasons:
1- The fact is that the trustee is outside Iraq and the one managing the endowment is his agent, Mr.
Edward Yaqoub, as became clear to the court from the pleadings of the two parties, and the two agents of the plaintiff admit that the trustee
has been living in Europe for decades (as stated by them in one of their pleadings) and that the two warnings
directed to him were in fact directed to his aforementioned agent. Accordingly, it can be said in light of
the information present in the case file that the trustee does not know that the administrative committee directed two warnings to him
notifying him of negligence and omission and requesting him to perform the three acts subject of the lawsuit, and finally
the lawsuit was filed requesting his dismissal. This is regarding what is available in the case file. As for reality, it is
not unlikely that the trustee actually does not know about all these facts or some of them. Therefore, it is not correct to attribute
negligence to him. It was necessary to direct the warning to the trustee himself requesting the performance of the required acts so that it would be correct
to file the lawsuit requesting his dismissal. Because the actions of the agent cannot result in the dismissal of the trustee himself,
this trustee for whom the trusteeship was stipulated.
As for the saying that the trustee's remaining outside Iraq and his distance from the endowment's affairs in the hands of his agent is a matter that necessitates
his dismissal, that is also incorrect as it was not the subject of this lawsuit because the lawsuit petition
mentioned the reasons that necessitate dismissal, which are the three mentioned above.
2- The Sharia deed numbered 87 / 25 which gave the Ecclesiastical Council the powers
for which the administrative committee acting in place of this council took its decisions requesting the defendant to perform the acts
subject of the lawsuit, this deed was a subject of dispute between the two parties and a lawsuit was filed regarding the annulment of this
deed, and the judgment regarding it was issued and became final on 4 / 8 / 1956. From this date
the trustee was obliged to perform the acts required of him by the remaining and non-cancelled paragraphs of the deed.
While we see that the lawsuit was filed requesting his dismissal on 6 / 3 / 1956, the period between these two dates
is less than two months, and it is not sufficient to verify that the trustee is refusing to implement the deed, especially since he has
submitted a statement of the revenues and expenditures of the endowment until 3/31/1956 and a copy of the budget of the mentioned school.
- To be continued -
Page 339
75 6 Personal
- 3 -
the pleading, especially since his representative clarified in the pleading that the trustee is not refusing to implement the Sharia deed
indicated and will proceed with its implementation.
3- That the deed issued confirming the appointment of the defendant over the endowment was dated
2/22/1955, and the stipulated one-year period has not passed to determine, upon its expiration, the existence of a breach or failure to manage it
by submitting the account and the budget for it. Likewise, after a short period, the Baghdad Court of First Instance took possession of
the books, houses, and records of the endowment in the lawsuit numbered 2254 / 55. Under such circumstances and complexities,
the court does not see reasons to consider the trustee negligent in his handling of the endowment's affairs.
Therefore, and for all these reasons, the court did not find a Sharia reason necessitating the dismissal of the defendant
from the trusteeship stipulated for him. Accordingly, it was decided to dismiss the lawsuit as it legally warrants dismissal, and to charge the plaintiff
with its costs. The judgment was issued in person, subject to appeal, and was announced publicly.
The Judge
Page 340
The discharge of the debtor or his acceptance is necessary because, although the role of the debtor in the assignment
is passive, and he has no right to interfere in its conclusion, he should
be informed of the modification that has occurred in his relationship with the creditor by changing
to whom the debt is paid. The assignee is also interested in informing the debtor of the transfer
of the assignment, because if this knowledge does not occur, the debtor will not know
anyone but his original creditor, and his discharge will be valid if he pays him
and ⟦...⟧
Article 267 stated by saying
(The assignor must hand over to the assignee the document of the assigned right and provide him with
the means of proving this right and the necessary data to enable him
to exercise his right)
Since the subject relates to real estate leased to many people,
this article requires:
1- Handing over the lease documents for each of these properties to the assignee.
2- Since custom has been established to take promissory notes for the installments
due, they should, in this case, be submitted.
Article 253, Paragraph 2
3- If the debtor does not terminate his right before the assignment ⟦by way of⟧ notifying him of it. This is done either by a notice paper
directed in the special forms for process servers' papers, or by telegram or a summons
⟦...⟧ and it is assigned in ⟦...⟧ and includes what indicates the occurrence of the assignment
and its essential conditions.
4- It is required to invoke the assignment against third parties that the debtor's acceptance has a fixed date,
and this is nothing more than a mere application of general rules. This is what is understood from the text of Article
⟦...⟧
⟦...⟧
Page 343
Administrative Committee for Iraqi Jews
Endowment ⟦line⟧
Property Number ::
Land Registry Sequence ::
District ::
Property Type ::
Page 344
Tenant Name | Duration | From | To | Annual Rent Amount
| | | | Fils | Dinar
Page 345
Iraqi Jews
Baghdad
8352 President
8045 Secretary
⟦line⟧ 2 ⟦line⟧
Number L /
Date
Subject /:
The Administrative Guardianship Committee is the entity responsible for spending on the school and covering the deficit, which averages
ten thousand dinars. Attached is a copy of the committee's letter to the Directorate of Education regarding covering the deficit No. (5).
Heskel Menahem Vocational School:
This school was built in Al-Sinak on the endowed plot sequence 1/166 Sinak, and its license was withdrawn in the year
due to the lack of students and female teachers. Then it was leased by the Menahem Saleh Daniel School from 1951 until
196. In 1966, the Administrative Committee, according to its guardianship, leased it to Hasso Brothers Company for a rental fee
of 750/- dinars.
Ezra Menahem Daniel:
The late Ezra Menahem Daniel endowed ⟦207 / 504⟧ shares of the two properties sequence 2 and 4 / 57 Bab
according to the endowment deed issued by the Personal Status Court under number 33/45 and dated
45. Attached is a copy of it No. (6).
Endowment of properties sequence 4/1/212, 4/166, 1/1/212, 5/212, 3/166, and 1/166
Sinak according to the endowment deed issued by the Personal Status Court under number 134/44 and dated
44. Attached is a copy of the endowment deed No. (7). Note that these properties are registered in the Land Registry in the name of Heskel Menahem
and were transferred to his heir Ezra Menahem Daniel. Attached is a copy of the legal inheritance distribution No. (8).
These properties described above have not been registered in the Land Registry as an endowment.
These properties did not belong to the endower Ezra Menahem during his lifetime after he endowed them, so that they could
⟦pass⟧ to his heirs; rather, they are a fixed endowment according to the legal deeds mentioned above.
Accordingly, the trustee, the Administrative Committee, managed and leased them according to its guardianship, and they did not belong to the frozen assets
so that the Committee would have to notify them and submit a statement regarding them.
Since the frozen assets have been seized under the pretext of not being registered in the Land Registry and not
⟦recognizing⟧ the endowment deeds, the Administrative Committee, in turn, filed lawsuit No. 2618 / 68 in
the Baghdad Court of First Instance, requesting the removal of the seizure on the mentioned endowments. Attached is a copy of the lawsuit brief No. (9).
The Committee cannot provide any other opinion on this subject until the judiciary rules on the mentioned endowment,
whether the Committee acted lawfully in its capacity as trustee or whether it was negligent and the endowment is not recognized until
the Land Registry? This is what the judiciary will decide.
We submit herewith a table of the revenues of the properties endowed to Ezra Menahem Daniel in detail for each number and door
196 No. (10)
To be continued
Page 347
Administrative Committee for Iraqi Jews
in Baghdad
Telephone Number { 83531 President
80452 Secretary
Number L /:
Date: ⟦line⟧ 4 ⟦line⟧
Subject /:
2 — A table of the revenues of the Menahem Daniel Endowment starting from the year 1962.
3 — A letter from the principal of the Menahem Saleh Daniel School to the Ministry of Education regarding the transfer of the school to the Al-Sinak building,
letter number 272 and dated 6/14/1951.
4 — A letter from the Administrative Committee to the Ministry of Education requesting the renewal of the school license, letter number 620/63 and dated
1/27/1963.
5 — A letter from the Administrative Committee numbered 22/68 and dated 5/20/68 regarding covering the school deficit.
6 — The endowment deed issued by the Personal Status Court under number 33/45 Sh and dated 2/25/45
7 — " " " " " " " " 134/Sh 45 and dated 9/10/44
8 — A copy of the Sharia inheritance distribution issued by the Personal Status Court under number 34/43 Sh and dated 3/29/43
9 — A copy of the initial statement of claim numbered 2618/68
10 — A table of the revenues of the Ezra Menahem endowments starting from 1962.
11 — A copy of the Ministry of Justice instructions published in the Iraqi Gazette under number 4104 and dated 2/25/58
12 — A copy of Law No. 167 of 1963.
13 — A copy of the Ministry of Justice order appointing the members and the president of the current Administrative Committee numbered 91/19/1/7
and dated 1 / 26 / 1967.
Page 348
In the name of God, the Most Gracious, the Most Merciful
General Secretariat
For the Supervision and Management of the Property of Jews
Who Have Been Stripped of Iraqi Citizenship
Number / Secret / 84
Date 8 / 6 / 1969
Secretariat
Investigative Committee
⟦line⟧
Section ⟦line⟧
Top Secret
⟦line⟧
To / Mr. Meer Shaoul Basri - Chairman of the Administrative Committee for Iraqi Jews
Subject / Request for Information
⟦line⟧
For investigative purposes and based on what this committee has decided, we are sending you herewith a copy of
the questions addressed to you, requesting an answer within ten days from this date
in two copies, accompanied by the documents and evidence that you believe the committee needs to review
and inform us.
Chairman of the Committee
Ali Mahdi Haidar
Head of the Administrative Inspection Body
Copy to: -
General Secretariat for Frozen Assets for information, please.
Khalid / 8 / 6
Page 349
In the name of God, the Most Gracious, the Most Merciful
General Secretariat
For the Supervision and Management of the Property of Jews
Whose Iraqi Citizenship Has Been Revoked
Investigative Body Committee
Division ⟦line⟧
Number /
Date / / 196
To: -
Q1 - Please provide your information regarding properties 2 and 4 / 57 Bab al-Agha district, and 1, 2, 3, and 4 / 166 al-Sinak district, and 1, 2, 3, and 4 / 212, provided that the information includes the following: -
1 - The persons who were managing these properties when their management belonged to the Jew Ezra Menachem Daniel and his heirs after him?
2 - The relationship of the Israelite community to them and when did it begin?
3 - The structures built on them, the date of construction of these structures, and the party that paid for them.
4 - How these structures and other vacant plots, if any, are utilized, their rental values, and the party that was utilizing them, provided that the revenues are included in detail for each door number?
5 - The persons who visit the tenants, hold them accountable for the rental values, and receive them from them?
6 - Does the Israelite community have a special law for its management? Is it still in effect? Does the Israelite community enjoy a legal personality such that it can own and dispose of immovable property? Please provide the official documents that support this.
7 - If you believe there is a relationship between the community and the ownership of these properties, or their disposal, or a part of them, or in any capacity, has the community previously submitted the required statement to the General Secretariat for Frozen Assets after the revocation of citizenship from the owners of these properties in accordance with the provisions of paragraph (b) of Article Five of Regulation No. 3 of 1951, as they are partners in these properties?
Q2 - Where is the Ezra Effendi Menachem Daniel School located, sequence 1 / 166 al-Sinak district, and when was it built? Where is it now? Who occupies it? In whose name is this school registered? And state the party that currently and previously manages this school and the party that receives its rental values if it is leased, the amount of this rent, and the date of this lease.
"To be continued"
Issued ⟦...⟧
Page 350
" 3 "
What is the relationship of this school to the Daniel School that used to occupy the building in Taht
al-Takiya and which recently moved to Arsat Bahoushi, and what is the relationship of the heirs of Menahem Daniel to
the properties built on the school's land when it was in Taht al-Takiya, as well as regarding the property
currently occupied by the school in Arsat Bahoushi?
Q 3 -
It was noted that both properties 57/2 and 57/4 in Bab al-Agha district contain shares that ⟦line⟧
their owner, Menahem Effendi Daniel, had endowed for the purpose of a Maktab building, i.e., a school, and for teaching Israeli
students therein, and that any surplus revenue from this endowment is to be spent on feeding the students
who attend the school and the poor. He appointed his sons Ezra Effendi and his nephew
Sassoon Effendi as trustees. The endowment of the mentioned shares was registered under the registration dated ⟦line⟧
April 28, 1928, Volume (70), based on the endowment decree issued by the Sharia Court
of Baghdad, No. 179 on 8 / Shawwal / 1338. The following is requested to be clarified: -
1- Clarification of the revenues of the remaining shares amounting to (207) shares for each of the two properties ⟦line⟧
57/2 and 57/4 Bab al-Agha, whose revenues were not endowed to any entity, starting from
the date their legal owners left Iraq and their citizenship was revoked until now:
2- Clarification of the entity that funded the construction of the Menahem Daniel Market on the two mentioned ⟦line⟧
plots regarding the endowed shares, and was an authorization for that issued by the Sharia Court ⟦line⟧
or by an official or judicial authority?
3- Clarification of the entity that was funding the building of the school to which the revenues of the mentioned shares
from the two aforementioned plots were endowed, from the date of its endowment in 1928 until
its transfer to the Community?
4- Clarification of the date the Community took over the trusteeship of this endowment and the legal basis ⟦line⟧
that authorized it to do so, and the amount of funds received by the Community since the date it began ⟦line⟧
the trusteeship until the date it was seized by the General Secretariat for Frozen Assets, along with the total
amounts spent by the Community to fulfill the endower's purpose?
5- Has the Community previously submitted annual statements of revenues and expenditures to the Sharia ⟦line⟧
Court or the entity that decided to appoint it as trustee to fulfill the trustee's liability as required by ⟦line⟧
the relevant laws? If so, please provide us with copies of these reports.
6- Which school is intended in the endowment deed, as it has been established to us that there was a school ⟦line⟧
built on plot 166/1 in the Al-Sinak district, which is now a vacant lot for rent, and it has not been confirmed to the committee
that it was an officially licensed school. Also, there was a school occupying the building in Taht
al-Takiya No. 34/3, which was built in 1910 and licensed on July 26, 1941, under No. ⟦line⟧
(149). This license was in the name of Saleh Shlemu, and after his death, it was transferred to the Administrative ⟦line⟧
Committee for Iraqi Jews under No. (325) on November 27, 1965, then this was moved ⟦line⟧
" To be continued "
Ibrahim/
⟦illegible⟧