AI en Translation, Pages 1-25
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⟦illegible⟧ 4/5 Al-Muzaram
No. 499
Secret tender for construction
On the plot numbered district
Contracting Form
⟦line⟧
This contract was concluded between the Presidency of the Administrative Committee for Iraqi Jews in Baghdad
(hereinafter known as the Committee).
And between the one known hereinafter as the Contractor, who stated
for the purpose of this contract the existence of a place for him in and at this address
any registered letters sent to him or any notices and orders delivered to him by hand
and instructions shall be considered correct delivery and notification.
The Engineer or Engineers. The engineer who carries out this contract
on behalf of the Committee is Engineer Saleh Youssef or any other engineer or engineers
appointed by the Committee in writing in this capacity, and the Contractor shall be notified of their names to implement the work stipulated
in this contract. The Contractor has also agreed hereby to provide - in accordance with -
the provisions and conditions contained therein and in the specifications, price schedule, and maps - the construction materials
stipulated in the general conditions and all workers, machinery, equipment, engines, tools,
implements, scaffolding, guards, and everything that is necessary or may be necessary in the works
and services covered by this contract and to complete them fully with the highest degree of perfection
and workmanship in the implementation of ( ⟦Building the fence of the Musawi Cemetery in Sheikh⟧ )
The Contractor acknowledged that he had visited the work site and had become fully, accurately, and precisely familiar
with all the maps and the work to be performed under this contract
and that he has inspected the work site, the storage location for construction materials, and water installations.
The Contractor agrees to undertake the construction of the mentioned building in accordance with the relevant maps
issued and which may be issued by the supervising engineer in the future, the work schedule,
prices, general conditions, and technical specifications, complete in all respects, in accordance with
measurements and in accordance with the prices set by the candidate contractor.
The Contractor also undertakes to complete this work within a period of days starting
from the date of signing the contract.
Signature /
President of the Administrative Committee for Iraqi Jews
in Baghdad
Date ⟦line⟧
Witness to the signature / Contractor Mr.
Date ⟦line⟧
Witness
⟦illegible stamp⟧
Page 3
- 1 -
Secret tender for the construction of on the land numbered
in the neighborhood of
General Conditions
⟦line⟧
1 - The bidder must provide cash security amounting to 5% (five percent), and it is permissible to provide
this security in the form of a letter of guarantee from one of the banks recognized by
the Chairman of the Administrative Committee for Iraqi Jews in Baghdad, and checks are absolutely not accepted.
2 - The bidder must submit the contract documents in a sealed envelope at or before 12:00 PM
on the day corresponding to / / 196 to the Presidency of the Mosaic Community in Baghdad,
provided that (Secret tender for the construction of ⟦line⟧) is written on the envelope
.
3 - The Committee reserves the right not to accept the lowest priced tenders and may reject any
tender without giving reasons for doing so.
4 - Any tender not submitted by the time specified in paragraph (2) above or not accompanied
by the stipulated security will be subject to neglect.
5 - The supervising engineer has the right to change the blueprints and quantities as he deems appropriate,
and the contractor has no right to object to that. The increased or decreased quantities shall be priced
according to the contractor's price in the bill of quantities and prices, as the quantities present
in this contract are approximate quantities subject to increase or decrease.
6 - If the contractor delays in completing the work within the period specified by him, he must
pay five dinars (5/- dinars) daily to the Administrative Committee in Baghdad, and
any objection submitted by the contractor for his delay in work will be rejected, and these
compensations will be deducted from his entitlements or his security.
7 - When the quality of any material present in the bill of quantities is not mentioned, the supervising
engineer alone will be responsible for selecting it as he deems appropriate, and the contractor has
absolutely no right to object to that.
8 - The contractor must state the period he needs to complete the work, and this period
- To be continued -
⟦illegible⟧
⟦line⟧
Contract ⟦illegible⟧
According to this contract drafted in ⟦illegible⟧, an agreement has been reached between two parties: the first ⟦illegible⟧ in his capacity as
President of the Jewish Community in Baghdad, and the second party ⟦illegible⟧
on the following:
1- The second party undertakes under this contract ⟦illegible⟧
⟦illegible⟧ the Jewish Community in Baghdad ⟦illegible⟧
⟦illegible⟧ according to the maps and specifications attached to this contract ⟦illegible⟧
2- The second party is committed to providing all materials ⟦illegible⟧
⟦illegible⟧ and working according to the contract conditions ⟦illegible⟧
3- The first party pays the second party an amount of ⟦illegible⟧ in exchange for his performance
of the aforementioned works ⟦illegible⟧
4- The second party is committed to completing all works within a maximum period of ⟦illegible⟧
5- In the event that the second party is late beyond the specified date ⟦illegible⟧
6- ⟦illegible⟧ the first party ⟦illegible⟧
7- ⟦illegible⟧ the second party ⟦illegible⟧
8- ⟦illegible⟧
Signature of the First Party
Signature of the Second Party
Witness
Witness
⟦illegible⟧
⟦illegible⟧
Page 4
will be taken into consideration when studying the tender.
9 - Tenderers must sign all the maps attached to this tender as well as all
the pages of the tender and return them within their bid.
10 - Materials
⟦line⟧
The contractor must provide all materials necessary for the work as fixed in the maps and the schedule of
prices, and the contractor alone shall be responsible for all materials and tools at the work site
and shall be responsible for every theft or shortage that occurs therein, noting that all materials
at the work site are considered the property of the Presidency of the Administrative Committee for Iraqi Jews until
the completion of the work, and the contractor has no right to remove them or dispose of them except with the
written approval of the Administrative Committee.
11 - Dismissal of the Contractor's Employees
⟦line⟧
The engineer has full authority to request the contractor to ⟦dismiss⟧ expel or exclude anyone from
his employees ⟦if the engineer or the committee sees fit⟧ whenever the Community deems their ⟦stay⟧ continued presence in the work undesirable or unsuitable, and the
contractor must implement those requests as soon as they are issued, and he has no right to claim any compensation
or indemnity that may result from that in any form whatsoever.
12 - Advances
⟦line⟧
The committee pays cash advances at the end of each month for the completed works and the materials
supplied at the work site after obtaining a certificate from the engineer to that effect, and that is
on the basis of 90% ninety percent of the cost of the completed works according to the contract
prices and 75% seventy-five percent of the value of the construction materials supplied
at the work site according to their local estimation. Provided that these advances
granted to the contractor are not considered as an admission of acceptance of the work by the committee, but rather
the contract conditions apply to all ⟦and other⟧ completed work until it is finally handed over to the committee.
13 - Final Measurement and Settlement of the Contractor's Account
⟦line⟧
After the work is completely finished in all respects by the certificate of the ⟦supervising⟧ Community's engineer, the
Administrative Committee shall receive the work as a provisional handover, and the contractor's account shall be settled according to ⟦within the limits of⟧
- 1 -
⟦Date⟧: ⟦2⟧ November ⟦1948⟧
⟦Number⟧: ⟦7⟧ / ⟦Near⟧ / ⟦1948⟧
Decision
Baghdad Court of First Instance
1 - ⟦Based⟧ on the lawsuit numbered 58 at the Baghdad Court of First Instance filed by ⟦the plaintiff⟧ ⟦B⟧ ⟦...⟧ against
the defendants ⟦Isaac⟧ Saleh ⟦the defendant⟧ in his capacity as guardian of the minors ⟦Renee⟧ and ⟦Sylvia⟧, children of ⟦the deceased⟧ ⟦Saleh⟧
⟦...⟧ the aforementioned minors regarding the share of the aforementioned minors Renee and Sylvia in the house numbered ⟦1/13⟧, ⟦...⟧ neighborhood
which devolved to them as inheritance from their aforementioned deceased father, amounting to ⟦12⟧ out of ⟦24⟧ shares of the aforementioned house ⟦...⟧
according to the Sharia distribution issued by the Grand Court on ⟦26/1/1948⟧ ⟦...⟧ ⟦in her capacity⟧ as guardian according to
⟦...⟧ issued by ⟦...⟧ (the Court) ⟦...⟧ ⟦in her capacity⟧ as a legal guardian
2 - ⟦...⟧ the purpose of the sale is for the benefit of the aforementioned minors as they are in dire need of living and education expenses ⟦...⟧
⟦...⟧ ⟦approving⟧ the aforementioned sale
3 - Based on Article 102 and paragraph (2) of Article ⟦103⟧ of the Civil Procedure Code ⟦...⟧ ⟦Article⟧ ⟦...⟧ of ⟦...⟧
⟦...⟧ and Article ⟦17⟧ of the Law of the Scientific Council of the Mosaic Community in Iraq
The court decided to accept the lawsuit and include the two defendants in their aforementioned capacity as adversaries in the lawsuit, and as a result of the proceedings ⟦...⟧
The court clarified that the aforementioned real estate belonging to the aforementioned minors, amounting to ⟦12⟧ shares out of ⟦24⟧ shares of the house
mentioned, has been sold by public auction through the Land Registry Department in Baghdad for a price of ⟦...⟧ according to the minutes
⟦...⟧ of the public auction conducted through the Land Registry Department in Baghdad ⟦...⟧
4 - And since the share of the aforementioned minors from the aforementioned auction price is ⟦...⟧ of ⟦...⟧ ⟦...⟧
due to them from the aforementioned auction because (Renee and Sylvia) are the children of the aforementioned deceased Saleh ⟦...⟧
⟦...⟧ ⟦according to⟧ the aforementioned Sharia distribution, amounting to ⟦12⟧ shares out of ⟦24⟧ shares of the aforementioned house
⟦...⟧ ⟦approving⟧ the aforementioned sale
5 - And whereas the interest requires selling the share of the aforementioned minors in the aforementioned house for the aforementioned price ⟦...⟧
Accordingly, the court decided to approve the aforementioned sale ⟦...⟧
⟦...⟧ ⟦the Court⟧ ⟦...⟧ ⟦the aforementioned⟧
An in-person judgment subject to objection and appeal issued on ⟦2⟧ November ⟦1948⟧ ⟦...⟧
- The Judge -
Page 5
p. ( 3 )
The total lump sum agreed upon in this contract after deducting all
advances paid to the contractor on account of his work, as for the deducted amount
of 10%, it shall be retained by the Administrative Committee until the end of the maintenance period and the final
acceptance of the work by the Committee.
As for the 5% insurance submitted with the bid, the machine is held
by the community until the final settlement and temporary handover or upon the end of the maintenance period and final acceptance of the work at a rate ranging
14 - Rejection of Work
⟦line⟧
The engineer has the right to reject any materials provided by the contractor or any work that is, in the engineer's view,
based on quality and workmanship that do not meet the required level or are not compliant
with the specifications or drawings related to the contract, and the contractor must remove the materials and the
rejected work and re-execute it at his own expense, including the materials present in
the rejected work.
Any work carried out without authorization in addition to the details given in
the drawings or issued instructions will not be recognized, nor will it be measured, nor will the
value of the materials used in the execution of such works be paid to the contractor.
15 - Maintenance Period
⟦line⟧
The contractor must maintain the work for a period of six months from the date the Committee receives
the work from him as a temporary acceptance, and he must repair all deficiencies or defects that
may appear during the maintenance period at his own expense, and the insurance - or
what remains of it after deducting the amounts owed by him properly - shall be returned to him at the end of the maintenance period
and after the contractor has fulfilled his obligations and the work has been finally accepted from him.
The contractor must carry out the repairs requested by the Committee within one week from
the date of being notified in writing, and if he fails to perform the work, the Committee shall withdraw the insurance
belonging to him and perform the work at his expense and deduct the amount from him.
16 - Notices
⟦line⟧
The two contracting parties waive the right to issue notices from one to the other.
- To be continued -
Page 6
Page ( 4 )
by the Notary Public regarding the affairs of this contract. Every notice directed by one
of the two parties must either be delivered to the address of the other party or sent to them by registered mail.
17 - Labor Laws
The contractor is responsible for implementing the labor law regarding all labor matters and complying with them
regarding Social Security Law obligations
regarding wages for official holidays, feasts, and compensations, and is also responsible for accidents
pursuant to Social Security legislations
that occur to his employees at the workplace, and he must pay all resulting compensations
under the laws and regulations in force
thereon, as the Committee is absolutely not responsible regarding workers and employees and everything
concerning them in terms of legislation, including the Social Security Law.
18 - Withdrawal of Work from the Contractor and its Consequences
a - If the contractor is unable to start work promptly upon receiving written notification
to that effect.
b - Or if he falls short in executing the works at the required speed.
c - Or if he is unable to execute the works in accordance with the contract.
d - Or if he delays in completing the works beyond the deadline specified in the contract.
e - Or if he actually stops work for a period of one week without written permission from the Committee, unless
he proves the existence of force majeure and informs the Engineer and the Committee of it immediately and in writing.
f - Or if he fails to supply or install sufficient and suitable machinery, labor, materials, and equipment so that
he can execute the permanent work quickly and without interruption.
g - Or if he commits, personally or by proxy, any violation of any of the contract's provisions
which he is bound to implement or observe, and continues in this violation for a period of 14 days
(taking into account any special condition providing for a shorter period) after being warned in writing by
the Engineer to rectify this violation.
h - Or if he abandons the work entirely.
i - Or if the contractor (whether in Iraq or abroad) becomes bankrupt
or if he files for bankruptcy or his financial insolvency is proven or he settles with his creditors
or if the contractor was a company and it was liquidated, whether the liquidation was compulsory
- Continued -
Page 7
p ( 5 )
or voluntary (unless the liquidation is voluntary, meaning the reorganization of the company
on bases established in writing by the government) or if the contractor is a company and it has been dissolved
or if the contractor gave, promised, or offered a gift, advance, reward, or benefit of any
kind to any employee or worker of the Mosaic Community employees, whether independent
or having any relation to the work subject of this contract, the committee in any of these cases -
1 - may withdraw from the contractor the execution of the remaining works.
2 - The withdrawal of the execution of the remaining works shall be in accordance with what was mentioned above by sending a written
notice by order of the President of the Administrative Committee for Iraqi Jews to the contractor, and this
⟦correct⟧
notice shall be effective without taking any legal or official procedures.
3 - If the contractor is granted any extension or leniency, this does not reduce or prejudice the rights
of the community under this article, and the previous provisions do not affect the right of the committee
to claim the compensations established under the laws in force.
4 - In the event of withdrawing the work or part of it from the contractor in accordance with what was previously stated
according to any other provisions contained in the contract, the committee, according to its estimation of the cost,
may exercise one of the following rights -
a - To carry out itself, at the contractor's expense, the execution of all works that have not
yet been completed or any part thereof.
b - To put all or some of the works that have not yet been completed out to tender again.
c - To agree with one of the contractors in a private manner to complete the work.
In all these cases, the committee shall have the right to seize all or some of
the machinery, tools, and materials brought by the contractor and to use them
in completing the work, without being liable to the contractor or others
for these machines, tools, and materials, or for any damage or reduction
in value for any reason, and without being liable also for paying any amount
due for them to another party or paying any rent for them to the contractor or others.
- To be continued -
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⟦line⟧
Page 8
p. ( 6 )
The committee shall have the right in any case to seize all or some of the machinery, tools, and materials
even after the completion of the work, as a guarantee for its rights. The contractor must pay the committee
all the expenses it incurs in this regard in excess of the contract value, and he must compensate it
for all losses incurred because of that. The committee may deduct the value of the expenses and losses
referred to from the insurance amount, from the contractor's claims, or from any money belonging to him.
However, if the work costs less than the contract prices, the difference shall not be returned to the contractor.
For this purpose, the committee may refrain from paying any amounts granted to him until
these expenses and losses are settled. The committee may sell the machinery, tools, or materials
brought by the contractor without being responsible for any losses incurred by him as a
result of their sale.
In the event that the work is withdrawn from the contractor, an inventory report shall be organized for the works, buildings,
tools, equipment, and materials at the work site, and for the work that has been completed in a
satisfactory condition, by the ⟦supervisor⟧ responsible engineer of the Mosaic community. This inventory shall take place in the presence of
the contractor, who must be officially notified to attend, either himself or his representative. If the contractor does not attend or
does not send a representative, the inventory shall be conducted in his absence.
This inventory shall be documented by a report signed by the ⟦supervisor⟧ community engineer and the contractor
or his representative. If any dispute or conflict arises regarding the condition of the existing work, then
this dispute or conflict and its nature must be documented in the aforementioned report.
19 - The prices to be set by the contractor include the planning of the building land according to the maps
along with preparing the ground surface by removing debris and transporting it outside (by cars if required
by the matter) so that it is disposed of permanently. It also includes cleaning the building and the site
after the completion of the work so that it is ready for immediate use before it is received
provisionally by the community or the supervising engineer.
20 - The community has the right to carry out any item at its own responsibility by providing materials and labor or
materials only, and the contractor shall perform the work, and the fee shall be according to the agreement if the committee so decides.
- To be continued -
⟦( 5 )⟧
⟦Facilitating him for the purpose of renewing driving license No. ⟦1018⟧ on ⟦1/1/1948⟧⟧
⟦- ⟦...⟧ on ⟦1/1/1948⟧ letter from the Presidency of the Baghdad Court of Appeal No. ⟦...⟧ on ⟦1/1/1948⟧⟧
⟦Facilitating him for the purpose of renewing driving license No. ⟦1018⟧ on ⟦1/1/1948⟧⟧
⟦- ⟦...⟧ on ⟦1/1/1948⟧ letter from the Presidency of the Baghdad Court of Appeal No. ⟦...⟧ on ⟦1/1/1948⟧⟧
⟦Facilitating him for the purpose of renewing driving license No. ⟦1018⟧ on ⟦1/1/1948⟧⟧
⟦- ⟦...⟧ on ⟦1/1/1948⟧ letter from the Presidency of the Baghdad Court of Appeal No. ⟦...⟧ on ⟦1/1/1948⟧⟧
⟦Facilitating him for the purpose of renewing driving license No. ⟦1018⟧ on ⟦1/1/1948⟧⟧
⟦- ⟦...⟧ on ⟦1/1/1948⟧ letter from the Presidency of the Baghdad Court of Appeal No. ⟦...⟧ on ⟦1/1/1948⟧⟧
⟦Facilitating him for the purpose of renewing driving license No. ⟦1018⟧ on ⟦1/1/1948⟧⟧
⟦- ⟦...⟧ on ⟦1/1/1948⟧ letter from the Presidency of the Baghdad Court of Appeal No. ⟦...⟧ on ⟦1/1/1948⟧⟧
⟦Facilitating him for the purpose of renewing driving license No. ⟦1018⟧ on ⟦1/1/1948⟧⟧
⟦- ⟦...⟧ on ⟦1/1/1948⟧ letter from the Presidency of the Baghdad Court of Appeal No. ⟦...⟧ on ⟦1/1/1948⟧⟧
⟦Facilitating him for the purpose of renewing driving license No. ⟦1018⟧ on ⟦1/1/1948⟧⟧
⟦- ⟦...⟧ on ⟦1/1/1948⟧ letter from the Presidency of the Baghdad Court of Appeal No. ⟦...⟧ on ⟦1/1/1948⟧⟧
⟦Facilitating him for the purpose of renewing driving license No. ⟦1018⟧ on ⟦1/1/1948⟧⟧
⟦- ⟦...⟧ on ⟦1/1/1948⟧ letter from the Presidency of the Baghdad Court of Appeal No. ⟦...⟧ on ⟦1/1/1948⟧⟧
⟦Facilitating him for the purpose of renewing driving license No. ⟦1018⟧ on ⟦1/1/1948⟧⟧
⟦- ⟦...⟧ on ⟦1/1/1948⟧ letter from the Presidency of the Baghdad Court of Appeal No. ⟦...⟧ on ⟦1/1/1948⟧⟧
⟦Facilitating him for the purpose of renewing driving license No. ⟦1018⟧ on ⟦1/1/1948⟧⟧
⟦- ⟦...⟧ on ⟦1/1/1948⟧ letter from the Presidency of the Baghdad Court of Appeal No. ⟦...⟧ on ⟦1/1/1948⟧⟧
⟦Facilitating him for the purpose of renewing driving license No. ⟦1018⟧ on ⟦1/1/1948⟧⟧
⟦- ⟦...⟧ on ⟦1/1/1948⟧ letter from the Presidency of the Baghdad Court of Appeal No. ⟦...⟧ on ⟦1/1/1948⟧⟧
⟦Facilitating him for the purpose of renewing driving license No. ⟦1018⟧ on ⟦1/1/1948⟧⟧
⟦- ⟦...⟧ on ⟦1/1/1948⟧ letter from the Presidency of the Baghdad Court of Appeal No. ⟦...⟧ on ⟦1/1/1948⟧⟧
⟦Facilitating him for the purpose of renewing driving license No. ⟦1018⟧ on ⟦1/1/1948⟧⟧
⟦- ⟦...⟧ on ⟦1/1/1948⟧ letter from the Presidency of the Baghdad Court of Appeal No. ⟦...⟧ on ⟦1/1/1948⟧⟧
- ⟦...⟧ -
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necessary for that, but if the committee prepares the materials and the work, it shall be at the expense
of the contractor.
21 - If new items are introduced that are not mentioned in the contract, they shall be agreed upon by the committee
and its engineer on one hand and the contractor on the other hand. If they do not agree, they may appoint those who have
experience in that, provided that the disagreement over that does not give the contractor any right to delay the work.
22 - A - The bidder must be someone who has previously performed works similar to this building in terms of
type and quantity, and must submit a statement of the mentioned works, their locations, and the names of their owners.
B - Preference is given to the bidder who owns the technical equipment necessary to complete the work, such as mixers,
vibrators ( ), iron elevators, and others ⟦line⟧
provided that the area of the mold that the bidder is able to place at one time is not less than square meters
and the bidder must submit a detailed statement of the mentioned equipment.
D - If the bidder has a company, they must attach the company's internal regulations ⟦line⟧
with the tender.
23 - The contractor undertakes to use the vibrator ( ) for concrete works.
24 - The bars used for reinforcement shall be of the blue iron type, and it is not permissible to use
rusted bars.
25 - The gravel shall be of the clean, washed river type.
26 - The prices submitted by the contractor in their bid regarding the details of the agreed-upon work
shall be inclusive of the costs of materials, the cost of labor, and the profit intended by the contractor.
27 - The supervising engineer may verify the materials provided to complete the work at any time they wish
and in the manner they see fit, including requesting an inspection of the supply lists and prices.
28 - The contractor may not give the work, in whole or in part, to a second contractor except after prior written approval
from the administrative committee, noting that the contractor remains responsible to the administrative committee for
the second contractor and their full responsibility.
Page 10
Special Conditions Attached to the Agreement
Fencing of the Cemetery and its Annexes
1) Earthworks:
a - Excavations according to the depths shown in the maps, and the removal and transport of debris outside the work site to the locations
specified by the Secretariat of the Capital.
b - Backfilling and compacting with soil free of salt flats, organic materials, and dirt.
c - Brick soling using fired bricks with a thickness of 10 cm under foundations and floors with compacting.
2) Concrete Works:
a - Reinforced concrete for columns and walls; reinforcement shall be according to maps and details with a concrete ratio of 1:2:4,
and vibrators must be used during pouring.
b - Plain unreinforced concrete for foundations 1:3:6 for foundations with a thickness of 30 cm.
3) Masonry Works:
Construction shall be with cement and sand mortar at a ratio of 1:4. Fired bricks must be soaked in water according to the
engineer's instructions, without using ⟦malam⟧ bricks. Courses must be regular, joints equal, and according to the requirements
of good bonding.
Walking on walls during construction is not permitted; special scaffolding must be used for construction.
4) Gypsum: It must be clean and its size shall not exceed half a ⟦node⟧.
5) Sand: It must be clean and free of salts and other organic materials. River sand may not be used at all,
except for Habbaniyah or Najaf sand.
6) Concrete Maintenance: The method of pouring concrete for the fence must be between the joints shown in the map; it is not permitted
to maintain concrete at a height of less than one and a half meters for the entire joint.
7) Formwork: Formwork may not be removed until 24 hours have passed since the completion of concrete pouring.
8) Concrete Mixing Method: A mixer must be used to mix the concrete; manual mixing is absolutely prohibited.
9) Curing Concrete with Water: Concrete must be continuously sprayed with water for a period of no less than three days.
10) The exterior-facing facade of the fence must have a smooth finish (fair-face) and be free of any cracks, while the
second face shall be made from clean wooden formwork.
11) Prices: The contractor must submit his price for completing the fence per linear meter according to the dimensions mentioned in the map,
which is considered part of the contract. The price includes the supply of all required materials, formwork, labor, water, and everything
the work needs for completion according to the conditions listed above and the mentioned map.
12) Payment of Contractor's Account: An advance of (10 percent) of the value of the works actually completed shall be paid to the committee at the end of each month, and after
completion of the work, the final account shall be settled according to the price list.
13) There are bricks in the work area resulting from the demolition of the old fence; the quantity of bricks shall be calculated for the contractor for the purpose of use by
the contractor in building the new fence, and priced for him according to local market prices for such bricks, and deducted from the original contract amount.
14) The guard's house and the surrounding fence shall be constructed according to the detailed maps for that house, and those plans are considered an integral part
of the contract and according to the conditions mentioned in those maps.
Page 11
Method of calculating prices
1) Building over old fences: A reinforced concrete bridge (tie beam) is made over the old fences
according to the maps and the engineer's instructions, and a reinforced concrete wall is built over it according to the maps and the engineer's instructions
The concrete shall be in a ratio of 1 : 2 : 4 with the use of vibrators during pouring, and the molds shall be of good wood
and cement mortar shall not leak through them. Given per linear meter.
2) Building foundations up to the concrete tie beam.
a - Foundations are excavated according to the depths shown in the map and according to the specifications and the engineer's guidance.
b - Squaring the foundations with ⟦slaughtered⟧ brick with a thickness of 8 cm, well-compacted.
c - Building with ⟦slaughtered⟧ brick with the height and width shown in the map.
These items are given as a total per linear meter.
3) Doors: Supply of doors by the employer, and the item includes installation only (lump sum)
4) The contractor shall be responsible for obtaining a building permit for the fence, the guard's house, and the sanitary facilities from the Mayoralty of the Capital
(Item 4 of the price schedule).
Page 12
Item ⟦line⟧ Details ⟦line⟧ Unit ⟦line⟧ Price ⟦line⟧ Amount
⟦line⟧
1) Construction of a concrete wall with columns at a ratio of 1:2:4 and reinforcement according to
the maps and over the old and new fences 1000 m. l.
2) Building the foundation of the new fence according to the specifications from brick
and cement according to the maps and specifications 500 m. l.
3) Installation of one door for the entrance with 2 coats of paint (lump sum)
4) Building a fence and the guard's house with the attached sanitary facilities
(this work is optional, the committee has the right to disregard it) lump sum
5) Alternative item for item (2) above: building the fence foundation from concrete
and concrete blocks according to its specific plans 500 m. l.
Page 13
Secret tender for the construction of
On the land numbered neighborhood
Contract Form
⟦line⟧
This contract was concluded between the Presidency of the Administrative Committee for Iraqi Jews in Baghdad
(hereinafter known as the Committee).
And between the one known hereinafter as the Contractor, who stated
for the purpose of this contract the existence of a place for him in and at this address
registered letters sent to him or warnings, orders and
instructions delivered to him by hand are considered correct delivery and notification.
The engineer or engineers ⟦line⟧ The engineer who executes this contract
on behalf of the Committee is the engineer Saleh Yousef or any other engineer or engineers
appointed by the Committee in writing in this capacity, and the Contractor shall be notified of their names to execute the work stipulated
in this contract. The Contractor has also hereby agreed to provide - according to -
the terms and conditions contained therein and in the specifications, bill of quantities, and maps - the construction
materials stipulated in the general conditions and all workers, machinery, equipment, tools, machinery,
tools, scaffolding, guards and everything that is necessary or may be necessary in the works
and services covered by this contract and their complete achievement to the highest degree of perfection
and workmanship in the execution of ( )
The Contractor acknowledged that he has visited the work site and has become fully, accurately and precisely acquainted
with all the maps and the work to be carried out under this contract
and that he has inspected the work site and the location for storing construction materials and water installations
The Contractor agrees to undertake the construction of the mentioned building according to the specialized maps
issued and which may be issued by the supervising engineer in the future, the schedule of works,
prices, general conditions, and technical specifications complete in all respects, according to
the measurements and according to the prices included by the candidate contractor.
The Contractor also undertakes to complete this work within a period of days starting
from the date of signing the contract.
Signature /
Chairman of the Administrative Committee for Iraqi Jews
Witness in Baghdad
⟦line⟧ Date
Signature / The Contractor Mr.
Witness ⟦line⟧ Date
Page 14
- 1 -
Secret tender for what is not established on the land numbered
as Hilla
General Conditions
⟦line⟧
1 - The bidder must provide cash insurance amounting to 5% five percent, and it is permissible to provide
this insurance in the form of a letter of guarantee from one of the recognized banks to
the Chairman of the Administrative Committee for Iraqi Jews in Baghdad, and checks are absolutely not accepted.
2 - The bidder must submit the contract documents in a sealed envelope at or before 12:00 PM
on the day corresponding to / / 196 to the Presidency of the Mosaic Community in Baghdad
provided that (Secret tender for what is not established ⟦line⟧) is written on the envelope
. (
3 - The committee reserves the right not to accept the lowest priced bids and has the right to reject any
tender without giving reasons for that.
4 - Every tender not submitted at the time specified in paragraph (2) above or not accompanied
by the stipulated insurance will be subject to neglect.
5 - The supervising engineer has the right to change the maps and quantities as he deems appropriate
and the contractor has no right to object to that, and the surplus and deficit quantities are priced
according to the contractor's price in the schedule of quantities and prices, as the quantities present
in this contract are approximate quantities subject to increase and decrease.
6 - If the contractor delays in completing the work within the period specified by him, he must
pay five dinars (5/- dinars) daily to the Administrative Committee in Baghdad, and
any objection submitted by the contractor for his delay in work will be rejected, and these
compensations will be deducted from his entitlements or insurance.
7 - When the quality of any material present in the schedule of quantities is not mentioned, the supervising engineer
alone will be responsible for choosing it as he deems appropriate, and the contractor has no right
to object to that at all.
8 - The contractor must state the period he needs to complete the work, and this period
- To be continued -
Number ⟦...⟧
Date ⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧ in the judiciary ⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
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⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
Page 15
will be taken into consideration when studying the tender.
9 - Bidders must sign all maps attached to this tender as well as all
pages of the tender and return them within their bid.
10 - Materials
⟦line⟧
The contractor must provide all materials necessary for the work as fixed in the maps and the schedule of
prices, and the contractor alone shall be responsible for all materials and tools at the work site
and shall be responsible for every theft or shortage that occurs therein, noting that all materials
at the work site are considered the property of the Presidency of the Administrative Committee for Iraqi Jews until
the completion of the work, and the contractor has no right to remove them or dispose of them except with the written
approval of the Administrative Committee.
11 - Dismissal of Contractor's Employees
⟦line⟧
The engineer has full authority to request the contractor to dismiss or exclude any of
his employees whom the community deems undesirable or unfit to continue in the work, and the
contractor must implement those requests as soon as they are issued, and he has no right to claim any compensation
or indemnity that may result from that in any form whatsoever.
12 - Advances
⟦line⟧
The committee pays cash advances at the end of each month for the completed works and the materials
supplied at the work site after obtaining a certificate from the engineer to that effect, and that is
on the basis of 90% ninety percent of the cost of the completed works according to the contract
prices and 75% seventy-five percent of the value of the construction materials supplied
at the work site according to its local estimation. Provided that these advances
granted to the contractor are not considered as an admission of acceptance of the work by the committee, but rather
the contract terms apply to all completed ⟦and uncompleted⟧ work until it is finally handed over to the committee.
13 - Final Measurement and Settlement of the Contractor's Account
⟦line⟧
After the work is completely finished in all respects by the certificate of the community's engineer, the
Administrative Committee shall receive the work as a provisional handover and the contractor's account shall be settled according to
Page 16
Page ( 3 )
The total lump sum agreed upon in this contract after deducting all
advances paid to the contractor on account of his work, as for the deducted amount
of 10%, it shall be retained by the Administrative Committee until the end of the maintenance period and the final
handover of the work by the Committee.
14 - Rejection of Work
⟦line⟧
The engineer has the right to reject any materials supplied by the contractor or any work that is, in the engineer's view,
based on quality and workmanship that do not meet the required level or are not compliant
with the specifications or drawings related to the contract, and the contractor must remove the rejected materials
and work and re-execute it at his own expense, including the materials present in
the rejected work.
Any work carried out without authorization in addition to the details given in
the drawings or issued instructions will not be recognized, nor will it be measured, nor will the value
of the materials used in the execution of such works be paid to the contractor.
15 - Maintenance Period
⟦line⟧
The contractor must maintain the work for a period of six months from the date the Committee receives
the work from him as a provisional handover, and he must repair all deficiencies or defects that
may appear during the maintenance period at his own expense, and the securities - or
what remains of them after deducting the amounts due from him properly - shall be returned to him at the end of the maintenance period
and after the contractor has fulfilled his obligations and the work has been finally received from him.
- The contractor must carry out the repairs requested by the Committee within one week from
the date of his written notification, and in the event of his failure to perform the work, the Committee shall withdraw the securities
belonging to him and carry out the work at his expense and deduct the amount from him.
16 - Notices
⟦line⟧
The two contracting parties waive the right to issue notices from one to the other
- To be continued -
Page 17
( 4 ) p
through the notary public regarding the affairs of this contract. Every notice directed by one
of the two parties must either be delivered to the address of the other party or sent to them by registered mail.
17 - Labor Laws
⟦line⟧
The contractor is responsible for applying the labor law regarding all labor matters and observing them
concerning wages for official holidays, feasts, and compensations, as he is also responsible for accidents
that occur to his employees at the workplace and he must pay all the resulting compensations
for that, as the committee is not responsible at all regarding the workers.
18 - Withdrawal of work from the contractor and its consequences
⟦line⟧
a - If the contractor is unable to start work promptly upon receiving a written notice
to that effect.
b - Or if he fails to carry out the execution of the works with the required speed.
c - Or if he is unable to carry out the execution of the works ⟦in accordance with the contract⟧.
d - Or if he delays in completing the works beyond the deadline specified in the contract.
e - Or if he actually stops work for a period of one week without written permission from the committee unless
he proves the existence of force majeure and informs the engineer and the committee of it immediately and in writing.
f - Or if he is unable to supply or install machinery, workers, materials, and sufficient and appropriate equipment so
that he can execute the permanent work quickly and without interruption.
g - Or if he commits, personally or through an intermediary, any violation of any of the contract provisions
he is bound to execute or observe and continues in this violation for a period of 14 days
(taking into account any special condition providing for a shorter period) after being warned in writing by
the engineer to rectify this violation.
h - Or if he abandons the work entirely.
i - Or if the contractor becomes (whether in Iraq or abroad) bankrupt
or if he files for bankruptcy or his financial insolvency is proven or he settles with his creditors
or if the contractor was a company and it was liquidated, whether the liquidation was compulsory
- to be continued -
Page 18
p. ( 5 )
voluntary (unless the liquidation was voluntary for the purpose of reconstituting the company
on bases established in writing by the government) or if the contractor was a company and was dissolved
or if the contractor gave, promised, or offered a gift, advance, reward, or benefit of any
kind to any employee or worker of the Mosaic Community, whether independent
or having any connection to the work subject of this contract, the committee may in any of these cases -
1 - Withdraw the execution of the remaining works from the contractor.
2 - The withdrawal of the execution of the remaining works shall be in accordance with what was mentioned above by sending a written
notice by order of the President of the Administrative Committee for Iraqi Jews to the contractor, and this
notice shall be valid and effective without taking any legal or official measures.
3 - If the contractor is granted any extension or leniency, this shall not diminish or prejudice the rights
of the Community under this article, and the previous provisions do not affect the right of the committee
to claim the compensations established under the laws in force.
4 - In the event of withdrawing the work or part of it from the contractor in accordance with what was previously stated
and according to any other provisions contained in the contract, the committee, at its absolute discretion,
may exercise one of the following rights -
a - To carry out itself, at the contractor's expense, the execution of all works that have not
yet been completed or any part thereof.
b - To put all or some of the works that have not yet been completed out to tender again.
c - To contract with one of the contractors privately to complete the work.
In all these cases, the committee shall have the right to seize all or some of the
machinery, tools, and materials brought by the contractor and to use them
in completing the work, without being liable to the contractor or others
for these machines, tools, and materials, or for any damage or decrease
in value for any reason, and without being liable also for paying any amount
due for them to another party or paying any rent for them to the contractor or others.
- To be continued -
Page 19
( 6 ) p
The committee shall have the right in any case to seize all or some of the machinery, tools, and materials
even after the completion of the work as a guarantee for its rights, and the contractor must pay the committee
all the expenses it incurs in this regard in excess of the contract value, and he must compensate it
for all losses incurred because of that. The committee may deduct the value of the expenses and losses
referred to from the insurance amount, from the contractor's claims, or from any money belonging to him.
However, if the work costs less than the contract prices, the difference shall not be returned to the contractor.
For this purpose, the committee may refrain from paying any amounts granted to him until
these expenses and losses are settled, and the committee may sell the machinery, tools, or materials
brought by the contractor without being responsible for any losses incurred by him as a
result of their sale.
In the event of withdrawing the work from the contractor, an inventory report shall be organized for the works, buildings,
tools, equipment, and materials at the work site, and for the work completed in a
satisfactory condition, by the responsible engineer of the Mosaic Community. This inventory shall take place in the presence
of the contractor, who must be officially notified to attend, either himself or his representative. If the contractor does not attend or
does not send a representative, the inventory shall be conducted in his absence.
This inventory shall be established by a report signed by the community engineer and the contractor
or his representative. If any dispute or conflict arises regarding the state of the existing work, then
this dispute or conflict and its nature must be recorded in the aforementioned report.
19 - The prices to be set by the contractor include planning the building land according to the maps
along with preparing the ground surface by removing debris and transporting it outside (by cars if required
by the matter) so that it is disposed of permanently. It also includes cleaning the building and the site
after completing the work so that it is ready for immediate use before its
provisional handover by the community or the supervising engineer.
20 - The community has the right to carry out any item at its own responsibility by providing materials and labor or
materials only, and the contractor shall perform the work, and the fee shall be according to the agreement if the committee so decides.
- To be continued -
Page 21
Special conditions attached to the agreement for
fencing the cemetery and its annexes
1) Earthworks:
a - Excavations according to the depths shown in the maps, and removing debris and transporting it outside the work site to the locations
specified by the Secretariat of the Capital.
b - Backfilling and compacting with soil free of salt flats, organic materials, and dirt.
c - Squaring with baked bricks at a thickness of 10 cm under the foundations and floors with compacting.
2) Concrete works:
a - Reinforced concrete for columns and walls; reinforcement shall be according to the maps and details with a concrete ratio of 1:2:4
and vibrators must be used during pouring.
b - Plain unreinforced concrete for foundations 1:3:6 for foundations and with a thickness of 30 cm.
3) Masonry works:
Construction shall be with cement and sand mortar at a ratio of 1:4. Baked bricks must be soaked in water according to the instructions of
the engineer, without using broken bricks. The courses must be regular and the joints equal according to the requirements of
good bonding.
It is not permitted to walk on the walls during construction; rather, special scaffolding must be used for construction.
4) Gravel: It must be clean and its size should not exceed half a knot.
5) Sand: It must be clean and free of salts and other organic materials. River sand may not be used at all
except for Habbaniyah or Najaf sand.
6) Concrete pouring: The method of pouring concrete for the fence must be between the joints shown in the map; it is not permitted
to pour concrete at a height of less than one and a half meters for the entire joint.
7) Formwork: Formwork may not be removed until 24 hours have passed since the completion of concrete pouring.
8) Concrete mixing method: A mixer must be used to mix the concrete, and manual mixing is absolutely not permitted.
9) Spraying concrete with water: Concrete must be sprayed with water regularly for a period of no less than three days.
10) The facade of the fence overlooking the outside must have a smooth face (fair-face) and be free of any cracks, while the second
face shall be made from clean wooden formwork.
11) Prices: The contractor must submit his price for completing the fence per linear meter according to the dimensions mentioned in the map
which is considered part of the contract. The price includes the supply of all required materials, formwork, labor, water, and everything
the work needs for completion according to the conditions listed above and the mentioned map.
12) Payment of the contractor's account: An advance of (10 percent) of the value of the works actually completed shall be paid to the committee at the end of each month, and after
completion of the work, the final account shall be settled according to the price list.
13) There are bricks in the work area resulting from the demolition of the old fence. The quantity of bricks shall be calculated for the contractor for the purpose of use by
the contractor in building the new fence, and shall be priced for him according to local market prices for such bricks and deducted from the original contract
amount.
14) The guard's house and the fence surrounding it shall be constructed according to the detailed maps for that house, and those plans are considered an integral part
of the contract and according to the conditions mentioned in those maps.
Page 22
Method of calculating prices
( 1 ) Building over old foundations: A reinforced concrete beam (tie beam) is made over the old foundations
according to the plans and the engineer's instructions, and a reinforced concrete wall is built over it according to the plans and the engineer's instructions
The concrete shall be in a ratio of 1 : 2 : 4 with the use of vibrators during pouring, and the formwork shall be of good wood
and cement mortar shall not leak through it. Given per linear meter.
( 2 ) Building foundations up to the concrete tie beam.
a - Foundations are excavated according to the depths shown in the plan and according to the specifications and the engineer's guidance.
b - Squaring the foundation with rock bricks with a thickness of 8 cm, well-compacted.
c - Building with rock bricks at the height and width shown in the plan.
These items are given as a total per linear meter.
( 3 ) Doors: Supply of doors by the employer, and the item includes installation only (fixing)
( 4 ) The contractor shall be responsible for obtaining a building permit for the fence, the guard's house, and the sanitary facilities from the Secretariat of the Capital
(Item 4 of the price schedule).
Page 24
Secret tender for the construction of
On the land numbered
District
Contracting Form
⟦line⟧
This contract was concluded between the Presidency of the Administrative Committee for Iraqi Jews in Baghdad
(hereinafter referred to as the Committee).
And between ⟦................................................⟧ hereinafter referred to as the Contractor who stated
for the purpose of this contract the existence of a place for him in ⟦................................⟧ and at this address
registered letters sent to him or warnings and orders delivered to him by hand
and instructions shall be considered correct guidance and delivery.
The engineer or engineers. - The engineer who carries out this contract
on behalf of the Committee is Engineer Saleh Youssef or any other engineer or engineers
appointed by the Committee in writing in this capacity and the Contractor shall be notified of their names to implement the work stipulated
therein in this contract. The Contractor has also agreed hereby to provide - according to -
the provisions and conditions contained therein and in the specifications, price schedule, and maps — the construction materials
stipulated in the general conditions and all workers, machinery, equipment, tools,
instruments, scaffolding, guards, and everything that is necessary or may be necessary in the works
and services covered by this contract and completing them fully to the highest degree of perfection
and craftsmanship in the implementation of ( ⟦................................................................................⟧ )
The Contractor acknowledged that he had visited the worksite and was fully, accurately, and precisely informed
of all maps and the work to be carried out under this contract
as he has also inspected the work area and the location for storing construction materials and water installations
The Contractor agrees to undertake the construction of the mentioned building according to the relevant maps
issued and which may be issued by the supervising engineer in the future and the schedule of works
and prices and general conditions and technical specifications complete in all respects and that according to
the measurements and according to the prices set by the nominated contractor.
The Contractor also undertakes to complete this work within a period of ⟦................⟧ days starting
from the date of signing the contract.
Signature/
Chairman of the Administrative Committee for Iraqi Jews
Witness ....................
In Baghdad
Date ....................
Signature /
The Contractor Mr. ....................
Witness ....................
Date ....................
Page 25
Number
Date 11 / 5 / 1938
Attachments 7 papers
Presidency of the Baghdad Sharia Court of Appeal
To the Honorable Presidency of the Sharia Court of Cassation
Based on the decision of the Presidency of the Sharia Court of Cassation No. ⟦136⟧ dated 24 / 4 / 1938, which includes the reversal of the decision
of this court No. 140 dated 14 / 3 / 1938 issued in the lawsuit No. ⟦140⟧ / 937 (Baghdad Sharia)
filed by the plaintiff ⟦...⟧ against the defendant ⟦...⟧
requesting separation due to sexual impotence, the case was returned for a new hearing. After bringing both parties and reading the
aforementioned reversal decision, the court decided to insist on its reversed decision for the following reasons:-
1- Article ⟦11⟧ of the Sharia Courts Law stipulates that (Sharia courts are competent to hear lawsuits
related to marriage, divorce, annulment, alimony, lineage, inheritance, wills, endowments, guardianship, trusteeship, and curatorship).
Since the separation lawsuit due to sexual impotence is one of the lawsuits related to marriage and annulment, it falls within the jurisdiction
of the Sharia courts according to the mentioned article.
2- Article ⟦12⟧ of the Sharia Courts Law stipulates that (Sharia courts are competent to hear lawsuits
related to the personal status of non-Muslims who do not have legally recognized communal courts). Since
the Mosaic community has legally recognized communal courts under the Mosaic Community Law No. 77 of 1931,
their lawsuits related to personal status do not fall within the jurisdiction of the Sharia courts according to the mentioned article.
3- Article ⟦13⟧ of the Sharia Courts Law stipulates that (Sharia courts are competent to hear lawsuits
related to the personal status of non-Muslims who have legally recognized communal courts if both parties agree
to that in writing). Since the two parties in this lawsuit did not agree in writing to refer to the Sharia courts,
their lawsuit does not fall within the jurisdiction of the Sharia courts according to the mentioned article.
4- Article ⟦14⟧ of the Sharia Courts Law stipulates that (Sharia courts are competent to hear lawsuits
related to the personal status of Muslim foreigners). Since the two parties in this lawsuit are not Muslim foreigners,
their lawsuit does not fall within the jurisdiction of the Sharia courts according to the mentioned article.
5- Article ⟦15⟧ of the Sharia Courts Law stipulates that (Sharia courts are competent to hear lawsuits
related to the personal status of non-Muslim foreigners who do not have legally recognized communal courts).
Since the two parties in this lawsuit are not among the mentioned non-Muslim foreigners, their lawsuit does not fall within the jurisdiction
of the Sharia courts according to the mentioned article.
6- Article ⟦16⟧ of the Sharia Courts Law stipulates that (Sharia courts are competent to hear lawsuits
related to the personal status of non-Muslim foreigners who have legally recognized communal courts if both
parties agree to that in writing). Since the two parties in this lawsuit are not among the mentioned foreigners and did not agree
in writing to refer to the Sharia courts, their lawsuit does not fall within the jurisdiction of the Sharia courts according to the mentioned article.
7- Since the jurisdiction of the Sharia courts is limited to the matters mentioned above under the Sharia Courts Law,
there is nothing in these articles that gives Sharia courts the right to hear personal status lawsuits for the Mosaic community
when the two parties do not agree in writing to refer to the Sharia courts.
8- Since Article ⟦17⟧ of the Mosaic Community Law No. 77 of 1931 stipulates that (Religious courts
are competent to hear the following matters:- a- Marriage, divorce, dowries, marital alimony, and annulment). Since
the separation lawsuit due to sexual impotence is an annulment lawsuit, it falls within the jurisdiction of the religious courts of the
Mosaic community according to the mentioned article.
9- Since Article ⟦18⟧ of the mentioned Mosaic Community Law stipulates that (Religious courts are competent
to hear the matters mentioned in the previous article if both parties are members of the Mosaic community). Since
the two parties in this lawsuit are members of the Mosaic community, their lawsuit falls within the jurisdiction of the religious courts
of the mentioned community according to the mentioned article.
10- Since Article ⟦19⟧ of the mentioned Mosaic Community Law stipulates that (The decisions of the religious
courts in the matters mentioned in Article 17 shall be final and enforceable). Since the separation lawsuit due to sexual
impotence is one of the matters mentioned in Article 17, the decisions of the religious courts therein shall be final and enforceable.
11- Since Article ⟦20⟧ of the mentioned Mosaic Community Law stipulates that (Civil courts are competent
to hear the matters mentioned in Article 17 if both parties are not members of the Mosaic community or if
one of them is a foreigner). Since the two parties in this lawsuit are members of the Mosaic community and neither is a foreigner,
their lawsuit does not fall within the jurisdiction of the civil courts according to the mentioned article.
12- Since Article ⟦21⟧ of the mentioned Mosaic Community Law stipulates that (Civil courts are competent
to hear the matters mentioned in Article 17 if both parties agree in writing to refer to the civil courts).
Since the two parties in this lawsuit did not agree in writing to refer to the civil courts, their lawsuit does not fall
within the jurisdiction of the civil courts according to the mentioned article.
13- Since the mentioned Mosaic Community Law has restricted the jurisdiction to hear annulment lawsuits (including
the separation lawsuit due to sexual impotence) among members of the Mosaic community to the religious courts of the mentioned community
or to the civil courts upon the written agreement of both parties, and did not give the Sharia courts the right to hear them at all.
14- Since Article ⟦54⟧ of the Iraqi Basic Law stipulates that (Courts in Iraq are divided
into three types:- 1- Civil Courts 2- Religious Courts 3- Special Courts). Since Article ⟦75⟧
of the mentioned law stipulates that (Religious courts are divided into:- 1- Sharia Courts 2- Religious
Courts of the Communities). Since Article ⟦79⟧ of the mentioned law stipulates that (The religious courts
of the communities shall exercise their judicial authority according to their own special laws). Since the Mosaic Community Law is the
special law for the mentioned community and has restricted the authority to hear annulment lawsuits among members of the community to the religious courts
of the mentioned community or to the civil courts upon the written agreement of both parties as previously mentioned.
15- Since Article ⟦80⟧ of the Iraqi Basic Law stipulates that (Special laws shall be enacted to determine
the procedures of litigation in the religious courts of the communities and their judicial authority). Since the Mosaic Community Law
No. 77 of 1931 is the law that determined the authority of the religious courts of the mentioned community and has restricted
the authority to hear annulment lawsuits among members of the community to the religious courts of the mentioned community or to the
civil courts upon the written agreement of both parties as previously mentioned.
16- Since Article ⟦113⟧ of the Iraqi Basic Law stipulates that (Laws, regulations,
orders, and instructions issued by previous governments or issued by the Government of Iraq before this date
shall remain in force until repealed or amended). Since the Mosaic Community Law No. 77 of 1931 is one of the
laws in force and has not been repealed or amended, it must be acted upon.
17- Since Article ⟦114⟧ of the Iraqi Basic Law stipulates that (All laws that are enacted
must not contradict the provisions of this law). Since the Sharia Courts Law was issued after the Basic Law,
it must not contradict its provisions. Since the Basic Law has recognized the religious courts of the communities and their
judicial authority determined by their special laws, the articles of the Sharia Courts Law must not be interpreted in a way that leads to
stripping the authority of the religious courts of the communities determined by their special laws and recognized in the Basic Law.
18- Since Article ⟦115⟧ of the Iraqi Basic Law stipulates that (In the event of a conflict
between laws regarding the subject of jurisdiction, the matter shall be referred to the High Court). Since the Presidency of the Sharia
Court of Cassation holds that the Sharia courts are competent to hear this lawsuit, while this court holds that
the religious courts of the Mosaic community are competent to hear it, there is a conflict regarding the subject of jurisdiction
requiring referral to the High Court according to the mentioned article.
For all these reasons, the court unanimously decided to insist on its reversed decision and return the case papers
to the Presidency of the Sharia Court of Cassation for a new review. The decision was issued on 11 / 5 / 1938.
Member
Member
President of the Court