AI en Translation, Pages 51-75
Page 51
Agenda for the Lay Council Meeting
At five o'clock on the evening of Thursday, corresponding to 12/9/1948
At the headquarters of the Community Presidency
1 - Deliberation with the community subscription committee for the benefit of refugees and the wounded to decide on how to dispose of the donated amounts.
2 - Approval of the payment of salaries and allocations for the month of November 1948.
3 - Approval of administrative expenses for the Community Presidency, the Spiritual Council, and the Majwazah.
4 - Approval of the restoration expenses for the Hadia Munshi Saleh School for Girls.
5 - Consideration of the petition of the Chief Clerk of the Religious Court, Mr. Duhi Saleh.
6 - Consideration of setting a salary for Rabbi Yaqoub Masfi, recently elected to membership of the Spiritual Council.
7 - Miscellaneous.
⟦line⟧
A. E.
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Presidency of the Jewish Community
in Baghdad
Telephone No. { 3531 President
5452 Secretary
Number: 843
Subject:
Date: 11 / 29 / 1948
The honorable Mr. Heskel Khedhouri Shohet, Respected
Greetings,
You are kindly requested to honor us with your presence at the Community Presidency on Wednesday,
12 / 1 / 1948 at four-thirty in the afternoon to deliberate with
your presence regarding the community's important matters ⟦line⟧.
Please accept our highest respect ⟦line⟧;
Sincerely,
Sassoon Khedhouri
President of the Community
14
Page 54
The Lay Council of the Israelite Community
in Baghdad
Telephone No. 5452
No.: 205
Date: 15 / 11 / 1948
Subject Summary: ⟦line⟧
To the Honorable Mr. Heskel Khedhouri Shohet, Respected
After greetings and respect,
I have the honor to inform you that the Lay Council has decided in its meeting held
on 11 / 11 / 1948 to elect you to fill the vacant membership therein, in accordance with the provisions of Article
Twenty-three of the Israelite Community Regulation No. 36 of 1931, in view of the
zeal and sacrifice for the public interest that it recognizes in your presence.
Please accept my sincere wishes for your success and prosperity, with
highest respect;
Sincerely,
⟦illegible⟧
Vice President
Attachments
Enc/ A copy of the Community Law
Page 56
Collection
The Israeli Community Law No. (77) of 1931
and the Israeli Community Regulation No. (36) of 1931
Printed by the Israeli Charitable Society in Baghdad
at its own expense with special permission from
The Honorable Ministry of Justice
1932
« Price per copy: six annas »
Page 57
Collection
The Law of the Israeli Community No. (77) of 1931
and the Regulation of the Israeli Community No. (36) of 1931
Printed by the Israeli Charitable Association in Baghdad
at its own expense with special permission from
the Honorable Ministry of Justice
1932
"Price per copy: six annas"
Page 58
- 3 -
Article Three
a - The President and the Chief Rabbi shall be of Iraqi nationality and
shall have completed at least thirty-five years of age. They shall be elected by the General
Council, provided that their term of office shall be four years.
b - The President of the community may be a layman or a rabbi, and it is permissible to combine
the position of the President of the community and the Chief Rabbi in one person.
Article Four
The President shall be appointed by Royal Decree and dismissed by Royal Decree, which may be issued
under the following circumstances: -
1 - By submitting his resignation to the Minister of Justice.
2 - Upon being sentenced to imprisonment by any criminal court.
3 - By a resolution issued by the General Council to dismiss him following an accusation
against him, after conducting the investigation prescribed by law.
4 - By a resolution issued by the Council of Ministers to dismiss him for negligence in following the orders
issued in accordance with Article Seventeen of this Law.
Article Five
a - When the need arises, the President shall convene the General and Spiritual Councils and exercise
all powers and functions granted to him by law and shall be the official representative
of the community regarding its dealings with the Government.
Law
of the Jewish Community No. (77) of 1931
We, the King of Iraq
With the approval of the Senates and the Chamber of Deputies, have ordered the enactment of the following law: -
Article One
The Jewish community in Iraq consists of several groups, and each
group consists of Jews residing in an area designated according to the regulation.
Upon the implementation of this law, the recognized groups shall be those that
have centers in Baghdad, Basra, and Mosul.
Other communal formations may be added, their areas determined according to the regulation, and
following this addition, the areas of existing groups shall then be adjusted.
Article Two
A - Each of the groups of Baghdad, Basra, and Mosul shall have a president, a Chief
Rabbi, a General Council, and a Lay Council, except that the Baghdad group
shall have a Spiritual Council in addition to that.
B - Other groups shall have a president, a General Council, and a Lay Council,
but a Chief Rabbi shall not be appointed for them unless a religious court is formed for that
group in accordance with Article Fourteen of this law.
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Article Seven
The functions of the Lay Council are:
1 - Supervising the administration of estates, roofed properties, and properties endowed
for charitable purposes.
2 - Managing schools and charitable institutions.
3 - Managing all matters related to expenditure and revenue, including the collection of
communal fees and dues, and the appointment and dismissal of employees.
4 - Exercising all powers granted to the Council by the regulations.
Article Eight
If the Lay Council decides that one of the cases referred to it is among the matters
that must be decided upon by the General Council, the Head of the Community must
order its referral to the General Council.
Article Nine
1 - In the Baghdad community, supervision over the education of clergymen, over
doctrinal resolutions, and over all other matters related to the proper conduct of the
spiritual affairs of the community shall be by the Spiritual Council, which consists of the
Chief Rabbi, who presides over it, and seven members elected by the General
Council for a term of four years.
2 - The Chief Rabbi shall perform those functions related to the aforementioned matters.
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B - If it is impossible for the Lay Council to perform its duties for any reason,
the President himself must take whatever measures he deems necessary
to preserve the affairs of the community, provided that he explains to the Council in its next meeting
all the actions he has taken in this manner.
Article Six
1 - The Lay Council consists of a President and eight members in the Baghdad community,
and a President and four or six members in other communities as determined by
the regulations. The General Assemblies elect the Lay Councils from among the laymen,
and their term of office shall be for two years, provided that the members have
completed at least twenty-five years of age.
X
2 - The President of the Lay Council shall substitute for the Head of the Community if it is impossible for this
Head to perform the work due to illness or any other reason.
3 - If the Head of the Community is a layman, he shall preside over the Lay Council, and in this
case, a President is not elected for this Council; rather, the Lay Council elects
one of its members as a Vice-President to preside over the Council sessions and perform the duties of
the Head of the Community when necessary.
4 - The Chief Rabbi attends the sessions of the Lay Council if the said Council invites him,
and he must provide the Council with all the requested information
pertaining to the affairs of the community.
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the General Council and participate in the deliberations, however those who were not
members of the General Council shall not have a vote therein.
6 - The Head of the Community presides over the General Council.
Article Eleven
The functions of the General Council are the election of the Presidents and Chief Rabbis
and councils, general supervision over the work of the councils, approval of budgets, endorsement
of accounts, deciding on matters referred to them in accordance with Articles Eight
and Nine, and conducting ongoing business as authorized by the regulations.
Article Twelve
1 - No person is eligible to participate in elections or be a member
in one of the councils unless they are of Iraqi nationality.
2 - No person shall be a member of one of the councils who is not proficient in reading and writing.
3 - No person shall be a President, Chief Rabbi, or a member of one of the councils who
has been convicted of a felony or a misdemeanor involving dishonor.
4 - Except for the President, no physical person has the right to be a member of one
of the councils if they receive a salary from the community treasury.
Article Thirteen
1 - A member is dismissed from one of the councils by submitting their resignation to the President of the
competent council.
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According to what is authorized to him by the Spiritual Council.
3 - In other communities besides Baghdad where a Chief Rabbi is appointed, he
is the one who supervises the spiritual matters belonging to the community.
4 - The Spiritual Council in Baghdad and the Chief Rabbi in other communities
have the right to request the Head of the Community to deposit with the General Council
important matters for a decision.
5 - The General Council may dismiss the Chief Rabbi after conducting an investigation
in accordance with the regulations issued under this law.
Article Ten
1 - The General Council of the Baghdad community shall consist of sixty persons, provided that
seven of them are Rabbis.
2 - The General Council in other communities shall consist of twenty to forty
persons as determined by the regulations.
3 - Members of the General Council in Baghdad, excluding the Rabbis, each must be
no less than twenty-five years of age and shall be elected by the members of
the community. The right to vote is granted to every person who has completed the twenty-first
year of age. The term of membership shall be four years.
⟦line⟧
4 - The Rabbis of the Baghdad community shall elect the Rabbis for the General Council.
5 - All members of the Lay Council and the Spiritual Council have the right to attend meetings
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rabbis elected by them on the condition that in the absence of two rabbis, the
Chief Rabbi shall replace them with two persons from the laity.
3 - It is permissible to review the decisions of all religious courts upon the request
submitted by the concerned party. The review shall be conducted by a court composed
of the Chief Rabbi of the Baghdad community and four members of the Spiritual
Council in Baghdad, provided that none of them was a member
of the court that issued the appealed judgment.
4 - The Spiritual Council in Baghdad has the right, to ensure justice, to appoint two rabbis
to be additional members replacing members who are unable to
attend the sessions of the religious courts, provided that these
additional members do not participate in any other way related to the Council's affairs.
5 - In communities other than the Baghdad community, the Lay Council has the right to appoint
another rabbi to deputize for the Chief Rabbi in the event of his absence from
the religious court.
6 - The judges and employees of the religious courts are considered public officials with respect
to the performance of their duties in those courts.
7 - The Lay Council has the right to appoint a Jewish lawyer possessing the status of a lawyer
to attend the sessions of the religious courts to guide the court regarding
legal matters and the rules of pleading. The lawyer shall participate in the deliberations
- 8 -
2 - A member shall be dismissed from one of the councils by a decision of that council after
his accusation and the conduct of an investigation against him in accordance with the procedures stipulated in the regulations.
3 - The election of a person to a position or membership is not prevented merely by his previous appointment to that
position, to that membership, or to that council.
4 - Members of the Lay and Spiritual Councils may be elected from among the members of
the General Council or from outside it.
Article Fourteen
1 - In the communities of Baghdad, Basra, and Mosul, and in other communities that
are designated by Royal Decree, a religious court shall be formed and shall have the right of jurisdiction to hear
lawsuits of marriage, dowry, divorce, separation, alimony, and the verification of
wills, except for matters falling within the jurisdiction of the civil courts specialized for members of
the community except for foreigners among them, and all matters pertaining to personal status
as submitted to the court by agreement of both parties.
2 - The jurisdictional area of each of the religious courts shall be determined according to the regulations.
Article Fifteen
1 - In the Baghdad community, the religious court consists of three members of the
Spiritual Council who are elected from time to time by the Spiritual Council
as stipulated in the regulations.
2 - In other communities, the court consists of the Chief Rabbi and from
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without delay.
2 - In implementation of the orders issued by the Minister of Justice under this article, and
in the absence of a president or his deputy, or in the case of neglect or inability of the president
to implement the mentioned orders, the Minister of Justice may temporarily appoint an acting
president.
3 - Before exercising his authority under this article, the Minister of Justice shall take
the measures he deems appropriate to enable him to ascertain the will of the community.
Article Eighteen
All Ottoman regulations concerning the Jewish community are hereby repealed by this law, along
with any amendments that may have been made to them.
Article Nineteen
1 -- This law shall come into effect three months after the date of its publication in
the Official Gazette.
2 - Upon the implementation of this law, new elections shall be initiated immediately;
the institutions formed at the date of application of this law shall continue to perform
their functions until the results of the elections.
3 - The Sectarian Decree No. 24 of the year 1930 is repealed upon the publication of this law.
Article Twenty
The Minister of Justice shall implement this law.
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the Court, provided that he shall have no judicial authority unless he is appointed as a member of
the Court in accordance with the second paragraph of this Article.
Article Sixteen
Regulations may be issued for the following purposes:-
A - To determine the procedures for elections and the election of candidates.
B - To determine the method for convening councils and how business is conducted therein.
C - How to impeach heads, the Chief Rabbi, and members of councils, and the manner
of conducting investigations against them.
D - Determining the disciplinary authority of the councils over their members.
E - Determining the circumstances under which a vacancy occurs in one of the positions or
councils formed in accordance with this law and the method of appointment to the vacant position.
F - Determining the powers and duties of councils and officials.
G - For the proper implementation of this law in general and for managing the affairs of the community.
Article Seventeen
1 - When a dispute arises within one of the groups regarding one of the provisions of
this law or regarding the regulations issued under it, and that dispute is
to a degree that obstructs the functioning of the religious courts or other communal matters,
the Minister of Justice may issue such orders as he deems appropriate to the Head regarding
the procedures to be followed, and the Head must order the execution of those orders.
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Regulation
Of the Jewish Community No. (36) of 1931
We, the King of Iraq,
After reviewing Article 16 of the Jewish Community Law No. 77
of 1931, and based on what was presented by the Minister of Justice and with the approval of the Council of Ministers,
ordered the placement of the following regulation: -
Article One
The General Council in Basra shall consist of a president and thirty members, and in
Mosul of a president and twenty members. The Lay Council in Basra shall consist
of a president and six members, and in Mosul of a president and four members.
Article Two
1 - The election of the General Council members shall be conducted under the supervision of an election committee
composed of five persons appointed by the Minister of Justice in Baghdad
and by the Mutasarrif in Basra and Mosul. One of them shall be an official of the
Justice Department, and the other four shall be from the notables of the community, provided that in the
Baghdad community, one of these four members shall be a member of the Spiritual Council.
2 - The election committee must designate the electoral divisions and their centers which
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Written in Baghdad on the twenty-sixth day of the month of May in the year 1931
And the ninth day of the month of Muharram in the year 1350.
Faisal |
Nuri al-Said | Jamal Baban
Prime Minister | Minister of Justice
⟦line⟧
Published in Iraq Gazette Issue No. 989 dated June 1, 1931
——♦——♦——♦——
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previously participated in the election in another division.
3 – It is not permissible to elect a person who was elected as a member in one of the divisions
as a member in another division.
4 – The results of the elections in each division shall be immediately announced to the divisions in which
the election has not yet taken place.
Article Five
On the day designated for election in each division, the electoral body or
the majority of its members shall attend under the chairmanship of the member representing the Minister of Justice, and shall be joined by
those who are able to attend from the mukhtars of the neighborhoods located in that division, and they shall prepare
the ballot papers stamped by them. After opening the ballot box and showing it publicly,
they shall lock it with two keys, one of which shall be kept with the spiritual member and the second with one of the other
members. Then they shall proceed with the election by giving each voter a stamped paper to write in it
the names of those he wishes to elect, and he shall cast it by his own hand into the box. At the end of the designated
time, the box shall be removed and kept with the head of the body, and no appeal from any
voter shall be accepted.
If a doubt arises regarding the identity of one of the voters, the electoral body must
verify it from the present mukhtars.
The election continues from day to day as necessary, provided that its duration does not exceed
three days.
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the election is conducted in it provided that the number of electoral branches in
Baghdad is not less than six, and the Electoral Commission also determines the number of members who
must be elected from each branch in view of the proportion of the community's population in the branch.
Article Three
1 - Before starting the elections, the Electoral Commission must organize a register of the names of
all those who have the right to vote, and it shall be hung in a prominent place in each district of
the electoral districts for a period of eight days before the date of the election, in order to allow
those whose names were not included in the aforementioned register to object to that before
the Electoral Commission.
2 - Every voter who wishes to participate in the election must participate in
the elections of the branch in which his place of residence is located, but he is not restricted
to electing persons residing in that branch or in any specific branch.
Article Four
The Electoral Commission must meet and determine the day on which the election will take place
in each branch, and the dates of the beginning and end of the election, and announce that in
the local newspapers, and it must observe the following in that regard:-
1 - That the commencement of the election shall be at least one week after the date
of its announcement.
2 - That no person shall be allowed to participate in the election if he has
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with a statement of the number of votes obtained, for the purpose of Article 15 of
this regulation.
Article Eight
The Electoral Body shall prepare a report on the results of the election for each of its divisions.
At the conclusion of the elections in all divisions, the report shall be submitted to the Minister of Justice in
Baghdad and to the Governor in Basra and Mosul, while sending a copy thereof to the Head
of the Community.
Article Nine
Every expense required for the election shall be paid by the Lay Council, provided that
no fee or allowances shall be allocated to the Electoral Body, with the exception of the representative of the Minister of Justice,
who shall receive the allowances agreed upon by the Minister of Justice and the Lay Council.
Article Ten
The Chief Rabbi in Baghdad must maintain a register containing the names of
all persons possessing the status of Rabbinate residing in Baghdad, and shall submit a copy
of it to the Electoral Body at the start of its work. The Electoral Body, before
the election of the General Council is completed, must appoint a day on which the election of the seven
Rabbis who are members of the General Council shall take place, and announce this in one of the local
newspapers. On the said day, the election of the aforementioned persons shall be conducted in the same
manner previously described for the election of the other members of the General Council. And it shall be restricted
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Article Six
It is not permissible to nominate a person, promote them, or challenge them by
anyone inside the premises where the election is taking place. Anyone who dares to do so
shall be expelled by order of the President.
Article Seven
1 - Upon completion of the elections, the committee shall open the ballot box in the presence of
the majority of its members and classify the votes, and it must disregard papers that are not
stamped by it. It must also disregard every name appearing on the ballot
in excess of the number of elected representatives designated for that division, and the
excess is determined according to the order of the names on the ballot after
leaving out the names of the persons who must be omitted according to paragraph 2 of
this article.
2 - The name of a person who has been elected in another division must be omitted,
or if it was not possible to read their name, or if they did not possess the legal
conditions, or if their identity was not verified.
3 - If two or more people receive an equal number of votes and in
this way an excess occurs in the number required for election in the division, the
full number shall be realized by lot.
4 - The names of persons who were disregarded solely due to an excess in their number shall be recorded
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the Israeli must be decided upon urgently. It is also permissible for
the General Council to meet in an ordinary or extraordinary meeting upon the invitation of the Minister of Justice
in Baghdad or the invitation of the Mutasarrif in Basra or Mosul.
Article Fourteen
A quorum is considered reached in the sessions of the General Council, both ordinary and extraordinary,
when a majority consisting of two-thirds of its members meets.
And if the required quorum is not reached, the Council is called a second time, and at that time no regard is given
to reaching the quorum, provided that none of the articles are decided unless sixteen
votes in Baghdad, or eight votes in Basra, or five votes in
Mosul have approved the proposal. Decisions in all matters are taken by a majority
of the votes of those present, and if the votes are equal, the vote is repeated. The head of
the community does not vote in the General Council unless he is one of its members. And in that case,
if an equality of opinions occurs, he shall have a second, casting vote.
Article Fifteen
If a membership in the General Council becomes vacant for any reason, it shall be filled
by the person whose name is the first of the names with the most votes in the competent
division. The head of the community must notify that person of the matter. A
member of the General Council who does not attend two consecutive sessions without a legitimate
excuse shall be warned of the necessity of attendance, and if he does not attend the third session, he shall be considered separated.
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The right to vote for the Rabbis registered in the aforementioned register.
Article Eleven
The head of the community shall call the General Council to meet for the first time
after its election within ten days of receiving the record of its election from the electoral
body. The procedures in this meeting shall be limited to examining the objections
that may occur regarding the election of one of the council members and deciding upon them, unless
the time of the meeting coincides with the regular meeting session of the council mentioned in the following article. No
objection to the election of the council members shall be accepted after the conclusion of its first session.
Article Twelve
The head of the community shall call the General Council to hold its regular meeting on
the first Sunday of the month of May of each year, or the second Sunday of it if there is
a general hindrance to its meeting on the first Sunday. The duration of this meeting is fifteen days. The
council must complete its regular work during this period.
Any meeting held outside the period specified in this article is considered an extraordinary meeting.
Article Thirteen
The head of the community may call the General Council to an extraordinary meeting
when necessary. He must do so whenever a written request is received by him from
the Lay Council or one-third of the members of the General Council, or whenever a case is submitted to him
from the Spiritual Council under paragraph 4 of Article 9 of the Community Law.
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decide on it
Article Nineteen
If the position of the head of the community becomes vacant before the end of the four years prescribed by law,
a new head shall be elected immediately, and the General Council shall be summoned for this purpose forthwith.
The person elected in this manner shall perform all the functions of the presidency under the title
(Acting Head) until the Royal Decree for his appointment is issued.
Article Twenty
The investigation into the conduct of the head of the community belongs to the Corporeal Council, and it
may submit an accusation against him to the General Council, which must then
consider the matter immediately. After investigating the charge, summoning the head of the community,
and questioning him, it shall make a decision to dismiss the charge, warn the head, or remove him from his position.
Upon the issuance of the decision for his removal, the decision shall be submitted to the Minister of Justice to issue the
necessary Royal Decree.
Article Twenty-One
The functions of the Corporeal Council include:
1 - Management of endowments for which a trustee cannot be appointed according to the conditions of their founder.
2 - Supervision of the accounts of religious educational institutes that have
allocations from the community fund or from the endowments stipulated for them after
the death of the founder or from other sources of Jewish charitable works.
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Article Sixteen
The Secular Council must submit to the General Council at least ten days
before the date set for its ordinary meeting a general budget containing
all chapters and details and a general report on its work and accounts for the past year.
A body of the Council must be present during the deliberation on the budget, and the Council
determines the budget sections and has the right to increase or decrease the total amount for each
section thereof.
Article Seventeen
The General Council shall appoint at each of its ordinary sessions
three auditors to review the accounts of the Secular Council and submit a report on them to
the General Council at the times it specifies.
Article Eighteen
1 - All fees and allocations in kind or in cash that have customarily
been collected and taken by the sect until now shall remain as they are unless
a change or amendment occurs in them according to the following paragraph of this article.
2 - The General Council alone has the right to increase or decrease fees and allocations
or create something new in them, provided that the Council's decision is subject
to the approval of the Minister of Justice, who must enable the Spiritual Council to
express its opinion on the legality of the matter in view of religious rulings before
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unless the Council's prior approval has been obtained.
When a vacancy occurs in the Lay Council in Baghdad or in Basra, the
Lay Council itself shall elect members from among the General Council to fill
the first three vacant seats. As for the fourth vacant seat and above,
it shall be filled by a decision of the General Council. However, if four
vacancies occur at once, the entire Council shall be re-elected by the General Council.
The Head of the Community must immediately convene the General Council for the matters mentioned
above.
If the entire Council is re-elected under this article, its term shall be
the remainder of the previous Council's term.
In the application of this article in Mosul, the new Council itself may
fill the two vacant seats, and the Council must be elected anew when
three vacancies occur at one time.
Article Twenty-Four
The Head of the Community may accuse the Lay Council or any of its members before
the General Council for violating the provisions of the Community Law, this Regulation, or
the duties of his official functions. Charges may also be submitted to the General Council
by a written report from one-third of its members. The General Council, after
investigating the accusation and summoning the member or the Council for questioning, may decide to dismiss
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3 - Supervising church real estate and properties and auditing its authorized representatives regarding
its revenues and expenses regardless of their source.
4 - Supervising the bodies and committees that collect donations in the name of the community
for charitable works and auditing them.
5 - Supervising the management of cemetery affairs, preparations, shrouding, and burial from
the financial perspective.
6 - Managing the finances of the slaughterhouses.
The Council may handle these matters directly or through a committee or committees appointed
by it.
Article Twenty-Two
The Lay Council may establish a headquarters for itself, hold its sessions, and organize its work and affairs
at the times and in the manner it decides. The quorum for holding its sessions consists in
Baghdad of five persons, in Basra of four, and in Mosul of three
persons. It takes its decisions by a majority of votes, and if votes are equal, the
President shall have a second, casting vote.
Article Twenty-Three
If a member fails to attend the sessions of the Lay Council three consecutive
times without an excuse, a warning shall be sent to him by the Council regarding the necessity of attendance,
and if he does not attend the fourth session, he is considered resigned. Travel is not considered an excuse unless
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Article Twenty-Eight
The provisions of Article 33 shall apply to the Spiritual Council and its members, provided that the number
of vacant seats filled by the Spiritual Council does not exceed
two seats.
Article Twenty-Nine
All religious decisions related to the principles of Taref, Kosher, circumcision,
worship, preparation, shrouding, burial, and other religious matters belong
exclusively to the Spiritual Council, as does the granting of licenses for preaching, provided that such
licenses are restricted to rabbis. The Spiritual Council may handle these matters
directly or through a committee or committees appointed by it.
To carry out the matters of preparation, shrouding, and burial, a committee shall be appointed consisting of a chairman
from the members of the Spiritual Council and six lay members, three of whom are elected by
the Spiritual Council and the other three by the Lay Council, and it shall operate under
the supervision of the Spiritual Council.
Article Thirty
If a dispute arises regarding the jurisdiction of the Spiritual Council or the Lay Council
in any matter, the issue shall be presented to the General Assembly, which shall decide which
of the two councils has the authority to resolve the disputed matter.
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the accusation, warning the member, or dismissing them from the council. If the accusation is directed against
the council, it may decide to warn the council or dissolve it. If it is decided to dissolve the Lay Council
or dismiss its president or vice-president, the head of the community must report this to the Minister of
Justice in Baghdad or the Governor in Basra and Mosul.
Article Twenty-Five
The Lay Council, after obtaining the approval of the General Council, may appoint sub-committees
to fulfill the duties of the Council, and it may determine how the committees perform their
specific functions.
Article Twenty-Six
If a fiscal year occurs and the General Council has not yet ratified
its budget, the Lay Council may spend from the community fund according to
the previous budget until its new budget is ratified.
Article Twenty-Seven
1 - An accusation may be submitted against the Spiritual Council or against its members in the manner
specified in Article 24 of this regulation. The accusation is also raised by
the Chief Rabbi in Baghdad or by a decision of the Spiritual Council itself.
2 - The powers of the General Council when deciding on the accusation are as stated in
Article 24 of this regulation.
3 - No accusation shall be submitted under this article regarding the decisions of the Religious Court.
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Article Thirty-One
In the event of the expiration of the term of office of the members or the Council before the completion of new
elections, the said members and Councils shall remain in office until the completion of the elections.
Article Thirty-Two
Every Israeli of Iraqi nationality and residing in Iraq is considered a member of
the community in whose area he resides, provided that he is not a member of two communities.
Article Thirty-Three
This regulation shall be implemented from the date of its publication in the Official Gazette.
Article Thirty-Four
The Minister of Justice shall implement this regulation.
Written in Baghdad on the sixth day of the month of December in the year 1931 and the
twenty-sixth day of the month of Rajab in the year 1350.
| | Faisal
Ja'far al-Askari | Naji Shawkat | Nuri al-Said
Minister of Foreign Affairs | Minister of Interior | Prime Minister
and Acting Minister of Defense | |
Muhammad Amin Zaki | Jamal Baban | Rustum Haidar
Minister of Economics and Communications | Minister of Justice | Minister of Finance
| Abdul Hussein |
| Minister of Education |
Published in the Iraqi Waqayi' Issue 1065 dated December 16, 1931
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The Lay Council of the Jewish Community
in Baghdad
Bylaws
The Jewish Hospitals Committee
Baghdad
1946
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Regulations of the Committee for Jewish Hospitals in Baghdad
Name of the Committee
Article 1 - A committee shall be formed to manage the affairs of Meir Elias Hospital,
Rima Khedouri Eye Hospital, Dar al-Shifa Pharmacy, and any health facilities for the
Jewish community in Baghdad that may be established in the future, under the
supervision of the Lay Council. This committee shall be called the Committee for Jewish Hospitals
in Baghdad.
Formation of the Committee
Article 2 - The committee shall consist of five members appointed by the Lay Council.
The appointment of half of them shall be renewed every two years. Half of the first term shall be considered three members and the
second time two, and so on. Half of the members shall be renewed following the election
of the Lay Council every two years. Withdrawn members may be re-appointed one
or more times. Following the election of the Lay Council, the committee must inform the
new Council of the withdrawing members and nominate double their number for the Council to choose from among them
or from others to fill the vacant memberships.
Election of the President, Vice President, and Secretary
Article 3 - The committee shall meet following its appointment or the renewal of half of its members
under the chairmanship of the eldest member and proceed to elect a President, Vice President, and Secretary.
The result of the election shall be presented to the Lay Council, and there is no objection to the re-election
of the President, Vice President, and Secretary more than once.
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(3)
legal excuse, he shall be considered resigned, and he shall be notified thereof, with the Communal Council being informed
thereof.
Resignation of Members
Article Nine - Resignations of members shall be submitted to the Communal Council for consideration,
with a copy thereof to the Committee for information.
Filling Vacancies
Article Ten - The Communal Council shall fill vacancies that occur in the Committee
in the cases mentioned in Articles 8 and 9 and other cases based on
the Committee's nomination of double the number of vacancies, provided that the Council is free to appoint
the nominees or others, and the new member shall complete the remaining term of the member whose place he took.
Functions of the Vice-Chairman
Article Eleven - If it is impossible for the Chairman of the Committee to perform any of the
powers and duties entrusted to him under this system for any reason, he shall be replaced by
the Vice-Chairman.
Subcommittees
Article Twelve - The Committee may appoint subcommittees from among its members or from
others to perform special tasks. If the appointment of these subcommittees is for the purpose of collecting
donations and subscriptions, the Communal Council shall be informed thereof.
Responsibilities of the Committee
Article Thirteen - The Committee shall be responsible to the Communal Council for
( 2 )
Duties of the Chairman
Article 4 - The Chairman represents the Committee and has the right to sign all
correspondence, contracts, and papers, except for bonds, instruments, and the opening of credits
in banks, which must be co-signed by the Secretary in accordance with
Article 23 of these regulations. The Secretary may be granted signing authority for correspondence
as determined by the Committee from time to time.
Minutes Register
Article 5 - The Committee's deliberations and decisions shall be recorded in a special register by
the Secretary or the person assigned to do so, and signed by the Chairman and the members who
attended that session.
Quorum of Sessions
Article 6 - A quorum consists of three members, provided that the Chairman
or his deputy is present. Decisions are made by a majority of the votes of those present, provided that
this majority is not less than three.
Committee Meeting
Article 7 - The Committee meets once a week as far as possible. If
a quorum is not reached, the meeting is postponed until the following week. The Committee may set
the rules it deems appropriate for organizing its meetings and activities and distributing its tasks among
the members.
Absence of Members
Article 8 - If a member is absent for three consecutive sessions without
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( 5 )
as it deems appropriate, and it may also delegate this authority to one or
more of its members.
Appointment of Employees
Article Seventeen - The committee has the right to appoint and employ male and female employees
and determine their salaries, increase or decrease them, dismiss them, and establish regulations
for all disciplinary matters related to them, provided that doctors, the administrative director,
and employees with special contracts, as well as male and female employees whose nominal
salaries exceed 15 Dinars monthly, be subject in their appointment, promotion, salary
reduction, and termination of services to the approval of the Spiritual Council.
The Budget
Article Eighteen - The committee organizes its annual budget and submits it to the Spiritual
Council at least two months before the start of the fiscal year.
Auditing of Accounts
Article Nineteen - The annual accounts are audited by an accountant or
accountants appointed by the Spiritual Council, and the report is submitted to the Council.
Disposal of Donations
Article Twenty - Every amount collected by the committee or donated by benefactors
for a specific or non-specific purpose must be entered as revenue in the accounts, with the Spiritual
Council notified immediately if the donation exceeds fifty Dinars in cash or in kind. As for
the authority to dispose of these amounts, it shall be as follows:
A - If the amount was granted to be spent on a specific purpose, such as constructing a specific building
(4)
Management of all works of health institutions from the technical, administrative, and financial aspects
and it has the right to establish the necessary regulations to ensure that.
Emergency Situations
Article Fourteen - In urgent emergency situations in which it is not possible
to convene the committee to take decisions regarding them, the Secretary has the right, after obtaining the President's approval,
to take any measures whatsoever that are within the committee's powers under this regulation
to ensure the proper functioning of the administration, provided that the committee convenes as quickly as possible
to present the matter to it and take its decision in this regard.
Members' Proposals and Observations
Article Fifteen - Each member of the committee has the right to inquire about
any matter whatsoever from any of the institutions' employees individually, and likewise
the member has the right to present to the committee any proposal or observation they deem appropriate in
this regard.
Fees ⟦line⟧
Article Sixteen - The committee must determine the fees collected by
its various health institutions, such as fees for accommodation, surgeries, treatments, analyses,
etc... and determine the revenues and the doctors' share of the fees for examinations and surgeries,
and increase or decrease them from time to time according to what interest requires, and the
fee schedule, general allowance rates, and the doctors' share shall be reported to the Physical Council,
noting that the committee has the right in some special and individual cases to grant some discounts.