AI en Translation, Pages 226-250
Page 226
The Lay Council of the Israelite Community
in Baghdad
List of Bidding Conditions for the Ghabila and Intestines Lease
In stating the list of the auction for the Ghabila and intestines for a full year starting from April 1, 19 to the end of March
19, concerning sheep and goats slaughtered in the Israelite slaughterhouse in Baghdad in accordance with the following conditions:
First - The Lay Council in Baghdad may grant the lease for the Ghabila and intestines together, or the Ghabila alone, or
the intestines alone, whether by number or in bulk.
Second - The Ghabila is a fee of fifteen fils per kilogram of Kosher meat, eggs,
kidneys and their fat, and the fetus (Quzi) found inside its mother, and intestines according to current practice, provided
that the fetus shall be outside the scope of the Ghabila fee if the slaughter of pregnant ewes is not permitted by any government authority,
and this fee is collected from the slaughters of the slaughterhouse belonging to the Israelite community in Baghdad, Adhamiya, and Karrada that
are offered for sale to Israelites.
Third - The intestines are taken in kind from the sheep, goats, and cattle of Kosher and Taref that are slaughtered in the community's slaughterhouse
mentioned in the center of the Baghdad Governorate, provided that the lessee receives them delivered at the slaughterhouse where he shall be responsible for the cost of collecting
and transporting them without any prior objection from him if they appear cut, small, or black.
Fourth - Cash insurance must be paid at a rate of ten percent 10% to the fund of the Lay Council for the account of the lease
value, provided that it is counted for the last two remaining months of the lease period, and the remainder of the value
shall be collected in twenty installments. Each of the mentioned installments shall be linked to a bond issued to the order of the Lay Council.
The bond for the first installment is due on April 15, 19, and so on, the maturities of the bonds linked
to the successive installments follow every fifteen consecutive days, so that the last installment ends on January 30, 19.
Fifth - A reputable guarantee is taken from the lessee which includes the implementation of the lease contract and the payment of the bonds when
their due dates arrive in sequence. If this is not done, the cash insurance is increased to twenty percent 20% instead
of the aforementioned guarantee.
Sixth - The arrival of the due date for each of the mentioned promissory notes entails the obligation of immediate and prompt payment.
Upon refusal to pay as mentioned, the Council alone has the right of choice to annul the lease without the need for a prior
notice, and to grant it to others for the value it deems appropriate for the account of the original lessee, with the right of recourse against the latter for the
deficiency in value and the statutory interest starting from the occurrence of the validity of the annulment.
Page 227
One thousand five hundred and twelve dinars and (1512/500) dinars
and three hundred and twenty dinars (1320) issued to the order of the Council, provided that the first promissory note is due on April 15, ⟦1948⟧
and thus the successive maturities of the bonds follow every fifteen consecutive days, and the last installment thereof is due on
January 30, 1949.
Thirteen - The start of the statutory interest for each promissory note is considered from its maturity date without the need for a prior notice
And the non-payment of each of the promissory notes mentioned in the previous clause gives the Council the choice between collecting the Al-Qabila right
for the account of the contractor at its commercial market price at the time of collection, provided that this is calculated from the value of the promissory notes without
prejudice to the right to claim compensation, interest, and expenses related to the reduction in the value of the obligation and without the need for a prior notice
thereof, and between rescinding the obligation and giving it to others while preserving the claim for compensation, interest, and the reduction in value from the contractor
without the need for a prior notice.
Fourteen - The contractor must contact the Council regarding any potential dispute occurring according to the provisions of this agreement
in writing, and the Council must resolve the dispute within one month from the date of receiving the contractor's letter containing his point
of view on the nature of the dispute. He has no right to resort to any official or judicial method without consulting the Council first; otherwise,
he alone shall be responsible for all legal expenses and any other expenses incurred.
Fifteen - The contractor undertakes to accept the account given to him by the Council regarding compensation, interest,
and incurred expenses to secure payment of the obligation value plus interest and expenses without prior objection when
the Council exercises its authority stated in this agreement during the obligation period.
Sixteen - No right or responsibility is accepted from any contract or undertaking that takes place between the contractor and others, which is between him
and that other party in which the Council has no involvement, provided that the contractor maintains the duties incumbent upon him
under this agreement towards the Council.
Seventeen - The provision of this contract is effective as of April 1, ⟦1948⟧ nineteen forty-seven, which is the start of
the obligation in which the contractor began collecting the Al-Qabila right. This agreement was concluded and signed by both parties
in Baghdad and exchanged between them, duly certified.
The Second Party | The First Party
⟦Row of 6 revenue stamps featuring portraits, denominations 5 Dinars, 200 Fils, 5 Dinars⟧
⟦Row of 5 revenue stamps featuring portraits, denominations 10 Fils, 20 Fils, 1 Dinar, 1 Dinar, 1 Dinar⟧
Seventh: The Council may provide the necessary instructions to the religious men to whom the issue of slaughter in the slaughterhouse is entrusted
regarding their diligence in work and the manner in which they perform the slaughter order in the slaughterhouse as per custom and the form of administration
as necessitated by the interest, provided that the Council shall not be questioned regarding anything related to that, except that it alone has the right to assess that
diligence in work and the manner of attendance in a sequential manner for employees when it is convinced of the absence of a legitimate legal excuse for them.
Eighth: The contractor undertakes to provide every day a sufficient number of sheep for slaughter and to meet the needs of the Israelite community
in Baghdad for kosher meat at a rate of four thousand eight hundred kilograms on each day of the week and five thousand two hundred
kilograms on every Friday, excluding Saturdays, and that is in the event of a strike by butchers and their refusal to slaughter sheep for any reason whatsoever
or their monopoly on sheep with the aim of reducing what is offered for sale of meat to increase its price, throughout the duration of the strike and monopoly.
If the contractor fails to do so, the Council alone has the right to terminate the commitment immediately without prior warning and give it to others and demand
the contractor for compensation in accordance with what was stated in the previous paragraph regarding taking the necessary measures to meet what is needed by
the Israelite community for meat at the expense of the aforementioned contractor and to demand from him the difference resulting from the decrease in the consideration along with
the statutory surplus starting from the occurrence of the strike and monopoly. It also has the choice of another method, which is the termination of the commitment
immediately and taking the necessary measures directly by providing sufficient sheep for slaughter in an amount sufficient to meet the community's need for
kosher meat, without the need to give notice to others, while its right of recourse against the contractor
is reserved in terms of compensation, the price difference, the surplus, and the wages of the employees to implement this purpose without the necessity of
a prior warning.
Ninth: If the slaughterers of the slaughterhouse go on strike and refuse to slaughter based on sectarian differences and the Council takes upon
itself the slaughter process in the slaughterhouse based on the strike arising as a result of the aforementioned differences, the contractor has the right
to demand from the Council the equivalent of the daily commitment installment, which is the quotient of dividing the total commitment value by the number of days on which
slaughtering takes place during the year, for the duration of the strike only.
Tenth: The days exempted and excluded from the commitment period are the first nine days of the Hebrew month of Ab,
the one day of the New Year's holiday (Rosh Hashanah), i.e., the first and second days of the Hebrew month of Tishrei, and the Day of Atonement
(Yom Kippur), i.e., the tenth day of the Hebrew month of Tishrei, and one of the first and last two days of each of the holidays of the Tabernacles
(Sukkot), i.e., the fifteenth and sixteenth ⟦...⟧ and the twenty-second and twenty-third of the Hebrew month of Tishrei,
and Passover (Unleavened Bread), i.e., the fifteenth, sixteenth, twenty-first, and twenty-second of the Hebrew month of
Nisan, and the Revelation of the Torah (Shavuot), i.e., the sixth and seventh days of the Hebrew month of Sivan, and all Sabbath days
entirely.
Eleventh: All necessary slaughterhouse expenses, including guarding, cleaning, and water fees which are paid according to the meter
present in the slaughterhouse, and the expenses of illuminating the slaughterhouse with electricity, are paid by the contractor alone, who must act
according to the Council's instructions regarding organizing that in accordance with the interest, and the contractor must pay to the Council's fund
sixty dinars for water and electricity fees in the slaughterhouse, and the Council is the one that handles the payment of these expenses
from time to time, provided that the accounting is conducted between the Council and the contractor at the end of the commitment period.
Twelve: The Council acknowledges that it has received from the contractor in cash an amount of ⟦three thousand nine hundred and ten dinars (3910)⟧
as cash insurance for the commitment fee account, which is a total equivalent to about ten percent 10%, provided that this is calculated from
the last two remaining months of the commitment period, and the two parties acknowledge that the aforementioned amount is from the pure money of the two partners
Hajj Abdul Razzaq Al-Mulla Qassim and Salam Mahdi, and the contractor undertakes to pay the remainder of the commitment fee, which is ⟦five⟧
and twenty thousand four hundred dinars (26400) in twenty installments, each installment of which is linked to a promissory note in the amount of ⟦one thousand⟧
⟦thirty thousand two hundred and fifty dinars (30250 dinars)⟧
⟦...⟧ (2260 dinars)
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To the Legal Department
No. ⟦...⟧
9/1947
This agreement was concluded on the twenty-sixth day of the month of March in the year one thousand nine hundred and forty-seven
1947 between the first party Eliyahu Hayyim Tawfiq, President of the Jewish Lay Council in Baghdad, on behalf of the aforementioned
Lay Council (referred to in this agreement as the Council) and the second party Al-Hajj Abdul Razzaq Al-Mulla Qadu and Salam Mahdi
who accepted to be responsible for the results of this agreement (referred to ⟦both of them⟧ as the Contractor). In view of what the Council
decided on March 11, 1947, by granting the right of Ghabila by contract to the Contractor, and based on the latter's acceptance of that as stated
at the bottom of the auction list dated March 26, 1947, therefore the two parties decided to conclude the agreement in this regard according to the following articles:
First - The Council has granted the right of Ghabila by contract to the Contractor for an amount of ⟦29310⟧ twenty-nine thousand three hundred and ten Dinars
for a period of a full year starting from the first of April of the year one thousand nine hundred and forty-seven 1947 until the end of March of the year
one thousand nine hundred and forty-eight 1948, and the Contractor acknowledges the acceptance of this commitment related to the right of Ghabila for the
mentioned consideration and for the mentioned period.
Second - The right of Ghabila consists of collecting ten Fils for each kilogram of Kosher meat and taking in kind the eggs,
kidneys and their fat, and the bowels (Quzi) that appear inside the Kosher and Taref intestines according to the
current practice from of old.
Third - The right of Ghabila pertains to sheep, goats, and cows slaughtered in the slaughterhouse of the Jewish community in Baghdad,
Baghdad, Al-Adhamiya, and Al-Karrada for the purpose of securing the needs of Jews for meat offered for sale. The slaughter
must be restricted to the Jewish slaughterhouse in the city of Baghdad unless the two parties agree otherwise.
Fourth - The bowels (Quzi) are considered outside the scope of the Ghabila fee if the slaughter of pregnant ewes is not permitted by
any government authority, and the Contractor takes the intestines in kind from the Kosher and Taref sheep and goats slaughtered in the community slaughterhouse
in the center of the Baghdad Province, provided that the Contractor receives them laid out in the slaughterhouse where he shall be responsible for the costs of collecting and transporting them
without any prior objection from him if they appear cut, small, or black. However, if the Contractor wishes to be provided
with a certificate confirming the number of Kosher and Taref intestines obtained during the contract year, he alone must pay the salary of
the employee appointed by the Council to supervise the process of isolating Kosher intestines from Taref in the slaughterhouse.
Fifth - The Contractor has no right to claim any reduction or compensation whatsoever for an incident or incidents arising from causes
of force majeure such as the occurrence of celestial disasters or terrestrial accidents or the issuance of government orders or other cases related to the lack of Kosher meat
or the lack of intestine yields or any part of the Ghabila parts or the interruption of slaughter within a legal excuse or facing difficulty
in selling Taref meat and the usurpation by butchers and their monopoly over sheep or other reasons that could not be prevented
within possibility. Rather, the Contractor must pay what is due from him of the payments throughout the duration of the contract, even when facing
those circumstances and incidents.
Sixth - The matter of Kosher and Taref discipline and the resulting slaughter transactions belongs to the rabbis
specialized in that only. The Contractor has no right to bring any objection, opposition, or violation against any measure, procedures,
and reservations carried out by the aforementioned rabbis who alone have the right to estimate and implement them and decide what pertains
to discipline without the interference of anyone else whatsoever. The Head of the Community, based on a request from the Council, may stop from slaughtering
the hands of butchers whose ill-treatment and behavior in the slaughterhouse are proven to him, without the intervention of the Contractor who shall not
have the right to claim that such prevention has caused a lack of slaughter or a lack of intestine yields. However, if one
of the butchers in the slaughterhouse usurps a quantity of Kosher or Taref intestines or other parts of the Ghabila and neglects to deliver them
to the Contractor, the Head of the Community may prevent the usurper from slaughtering until the return of the usurped items or payment of their price to him, based
on the application of the Contractor who has no right to claim any compensation or reduction as a result of those incidents.
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3
Thirteen - If the slaughterers of the slaughterhouse go on strike and refrain from slaughtering based on sectarian differences, and the
Council takes upon itself the slaughter process in the slaughterhouse due to the strike arising from the aforementioned sectarian differences,
the contractor has the right to demand from the Council the daily contract value for the duration of the strike only (the daily contract value is
the quotient of dividing the total contract value by the number of days on which slaughtering is carried out during the year).
Fourteen - The Lay Council reserves the following points:
(a) The Council may organize the contract on the bases mentioned above within the regulations in order to secure its rights on the bases of
the commitment.
(b) All necessary expenses such as the half percent brokerage fee, the authentication of the commitment contract by the notary public, the value of stamps,
and other fees shall be the responsibility of the contractor only, and the Council shall not participate in them.
(c) What is relied upon regarding this commitment is the written contract only.
(d) The Council has the right to extend the final award period if it deems it necessary, and it alone has the right to confirm the award
permanently, or cancel it, or accept other supplements, within three full days starting from the day following the mentioned
award.
(e) The brokerage fee mentioned in paragraph (b) of this article: half of it is due to the broker appointed by the Council, who is
⟦Yaqub Sofair⟧, and the other half goes to the broker who brings the final bidder through whom the commitment
contract is completed and definitively awarded to him. The full brokerage amount shall be collected from the contractor and given to the two aforementioned
brokers by the Council.
Appendix: The slaughtering must be confined to the city of Baghdad alone, and no slaughtering may be carried out in
Karrada or Adhamiyah except after the approval of the Council.
President of the Lay Council
Iraq
10 Fils
JEWISH LAY COUNCIL BAGHDAD
in Baghdad
1930
2
Seventh - The strike of butchers and their refusal to slaughter sheep for any reason whatsoever, and their monopolization of sheep with the intent of reducing
what is offered for sale of meat and increasing its price; all of this leads to the contractor alone being obligated to bring a sufficient number of sheep
for slaughter to meet the needs of the Jewish community in Baghdad for Kosher meat at a rate of 4800 kilos per day and 5200
kilos for every Friday, excluding Saturdays, as long as the strike and monopoly persist. In the event that the contractor fails to do so,
the Council alone has the right to terminate the contract immediately and grant it to others, and demand compensation from the contractor in accordance with what was mentioned in
the previous paragraph regarding taking the necessary measures to meet the community's meat needs at the expense of the mentioned
contractor, and demanding the difference arising from the decrease in the consideration along with the statutory surplus starting from the date of the occurrence
of the strike and monopoly.
Eighth - The Lay Council shall not be charged with any compensation whatsoever for an incident or incidents that may have arisen from
force majeure reasons, such as the occurrence of celestial disasters or terrestrial accidents, or the issuance of government orders, or other cases related
to the shortage of Kosher meat or the interruption of slaughtering within a legitimate excuse, or facing difficulty in selling Treif meat, or a strike
by butchers or their monopolization of sheep, and other reasons that were not within the possibility of prevention.
Ninth - The exempt days excluded from the duration of the contract are the first nine days of the Hebrew month of Av,
and the day of Kippur (Atonement), i.e., the tenth day of the Hebrew month of Tishrei, and one of the first two and the last two days
of each of the festivals of Sukkot (Tabernacles), i.e., the fifteenth, sixteenth, twenty-second, and twenty-third
of the Hebrew month of Tishrei; and Passover (Pesach), i.e., the fifteenth, sixteenth, twenty-first, and twenty-second
of the Hebrew month of Nisan; and Shavuot (Revelation of the Torah), i.e., the sixth and seventh of the Hebrew month of Sivan,
and all Saturdays.
Tenth - All necessary expenses for the slaughterhouse during the term of the contract, including lighting, cleaning, guarding,
water fees, and others, are the responsibility of the contractor, and the Council is not required to pay any of them.
Eleven - The transaction of the contract, the organization of bonds and their delivery to the person in whose name they were written, the provision of the aforementioned
guarantee, and the attention to paying the remainder of the deposit and the brokerage fee which will be mentioned in paragraph (b) of Article 14; all of this
should be completed within one week starting from the date of the Council's decision for the final award of this contract. If the
contractor fails to fulfill any of the mentioned conditions, the Council may terminate the contract and hold the contractor liable for all resulting
damage, loss, compensation, and surplus as mentioned in items six and seven of this contract.
Twelve - The matter of Kosher and Treif discipline and the religious procedures branching from it belong to the
specialized Rabbis only. The contractor has no right to raise any objection or any opposition against any measure or action
taken by the aforementioned Rabbis, as they alone have the right to decide what pertains to discipline without any interference from others whatsoever.
Page 233
The Lay Council of the Jewish Community
in Baghdad
List of Bidding Conditions for the Gabilah and Guts Lease
In stating the bidding list for the Gabilah and Guts for a full year starting from the first of April ⟦19⟧ to the end of March
⟦19⟧ pertaining to sheep and goats slaughtered in the Jewish slaughterhouse in Baghdad according to the following conditions:
First - The Lay Council in Baghdad may grant the lease of the Gabilah and guts together or the Gabilah alone or
the guts alone, whether by number or in bulk.
Second - The Gabilah is a fee of fifteen fils per kilogram of Kosher meat, eggs,
kidneys, their fat, and the fetus (lamb) found inside its mother, and the guts, according to current practice, provided
that the fetus is excluded from the Gabilah fee if the slaughter of pregnant ewes is not permitted by any government authority,
and this fee is collected from the slaughters of the slaughterhouse belonging to the Jewish community in Baghdad, Adhamiya, and Karrada that
are offered for sale to Jews.
Third - The guts are taken in kind from Kosher and Treif sheep, goats, and cows slaughtered in the community's slaughterhouse
mentioned in the center of the Baghdad district, provided that the lessee receives them delivered at the slaughterhouse where he is responsible for the cost of collecting
and transporting them without any prior objection from him if they appear cut, small, or black.
Fourth - Cash security must be paid at a rate of ten percent 10% to the Lay Council's fund for the account of the lease
consideration, provided that this is calculated from it for the last two remaining months of the lease period, and the remainder
of the consideration is collected in twenty installments, each installment linked by a promissory note issued to the order of the Lay Council,
and the note for the first installment is due on April 15 ⟦19⟧, and so the maturities of the notes linked to the
successive installments continue every fifteen consecutive days so that the last installment ends on January 30 ⟦19⟧.
Fifth - A valid guarantee is taken from the lessee including the execution of the lease agreement ruling and the payment of the value of the notes upon
their sequential maturities, and in the event of failure to do so, the cash security is increased to twenty percent 20% instead
of the aforementioned guarantee.
Sixth - The maturity of each of the aforementioned bills of exchange implies the obligation of immediate and prompt payment,
and in case of refusal to pay as mentioned, the Council alone has the right of choice to terminate the lease without the need for prior
warning and to grant it to others for the consideration it deems appropriate for the account of the original lessee, with the right of recourse to the latter to cover
the deficiency in consideration and the statutory interest starting from the occurrence of the validity of the termination.
Page 235
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Thirteen - The commencement of the statutory interest for each promissory note is considered from the date of its maturity without the need for a prior notice.
And the non-payment of each of the promissory notes mentioned in the previous clause gives the Council the choice between collecting the Ghabila right for the account of
the contractor at its current market price at the time of collection, provided that this is calculated from the value of the promissory notes without prejudice to
the right to claim compensation, interest, and expenses related to the decrease in the contract value and without the need for a prior notice thereof, and between
canceling the contract and giving it to others while reserving the claim for compensation, interest, and the decrease in the value from the contractor without the need for
a prior notice.
Fourteen - The total cash securities are considered twenty percent of the contract value, including ten percent as original securities and including
ten percent as compensatory securities from the guarantee to be taken as security for the implementation of the provisions of this agreement and the payment of each promissory note of
the promissory notes referred to in the twelfth clause, and this guarantee shall be canceled when the compensatory securities are paid to the Council's
fund.
Fifteen - The contractor must contact the Council regarding any dispute that may occur under the provisions of this agreement
in writing, and the Council must resolve the dispute within one month from the date of receiving the contractor's letter containing his view
on the nature of the dispute, and he has no right to resort to any official or judicial method without first contacting the Council, otherwise he
alone shall be responsible for all legal expenses and any other expenses incurred.
Sixteen - The contractor undertakes to accept the account given to him by the Council regarding the compensation, interest, and expenses
incurred as security for the payment of the contract value by adding the interest and expenses to it without prior objection when the Council uses
its powers set forth in this agreement during the contract period.
Seventeen - No right or liability from any contract or undertaking between the contractor and others shall be accepted regarding what is between him and that
third party in which the Council has no part, however, the contractor must maintain the duties incumbent upon him under this agreement
towards the Council.
Eighteen - The provision of this agreement was implemented as of April 1, 1946, one thousand nine hundred and forty-six, which is the start of the contract
in which the contractor began collecting the Ghabila right. This agreement was concluded and signed by the two parties in Baghdad and exchanged
between them, duly certified.
The Second Party | The First Party
⟦5 fils revenue stamps⟧
⟦10 fils revenue stamps⟧
Ibrahim Yusuf | ⟦illegible signature⟧
⟦illegible signature⟧
19
946
946 / ⟦...⟧
Page 236
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Regarding their attendance at work and how they carry out the slaughter order in the slaughterhouse as is the usual custom and the form of managing that
pursuant to the interest, provided that the Council is not asked about anything related to that, except that it alone has the right to estimate that attendance
at work and the manner of continuous rotation for the employees when it becomes convinced of the lack of a legitimate excuse for them.
Eighth - The contractor undertakes to provide every day a sufficient number of sheep for slaughter and to cover what the Jewish community in
Baghdad needs of Kosher meat at an average of four thousand eight hundred kilos every day of the week and five thousand two hundred kilos
every Friday except Saturdays, in the event of a strike by the slaughterers and their refusal to slaughter sheep for any reason whatsoever or their monopolizing
of the sheep with the intent of reducing what is offered for sale of meat to increase its price, throughout the period of the strike and monopoly, and in the event of the failure
of the contractor to do so, the Council alone may terminate the contract immediately without prior notice and give it to others and demand compensation from the contractor
in accordance with what was stated in the previous paragraph regarding taking the necessary measures to meet what the Jewish community needs
of meat for the account of the aforementioned contractor and demanding from him the difference resulting from the decrease in the fee along with the statutory surplus starting from
the occurrence of the strike and monopoly, and it may also choose another method, which is to terminate the contract immediately and take the necessary measures
directly by providing sufficient sheep for slaughter in an amount sufficient to cover the community's need for Kosher meat, without the need
to give the contract to others, provided that its right of recourse against the contractor is reserved regarding supplies, price difference,
surplus, and employees' wages to implement this purpose without the need for prior notice.
Ninth - If the slaughterers of the slaughterhouse go on strike and refrain from slaughtering based on sectarian differences and the Council takes upon
itself the slaughtering process in the slaughterhouse based on the strike resulting from the aforementioned differences, the contractor has the right
to demand from the Council the value of the daily contract installment, which is the result of dividing the total contract fee by the number of days on which
slaughtering takes place during the year, for the period of the strike only.
Tenth - The exempted days excluded from inclusion in the contract period are the first nine days of the Hebrew month of Ab,
one of the two days of the New Year holiday (Rosh Hashanah), i.e., the first and second days of the Hebrew month of Tishrei, and the Day of Atonement
(Kippur), i.e., the tenth day of the Hebrew month of Tishrei, and one of the first two and last two days of each of the Tabernacles holidays
(Sukkot), i.e., the fifteenth, sixteenth, twenty-second, and twenty-third of the Hebrew month of Tishrei,
and Passover (Unleavened Bread), i.e., the fifteenth, sixteenth, twenty-first, and twenty-second of the Hebrew month of Nisan,
and the Revelation of the Torah (Shavuot), i.e., the sixth and seventh days of the Hebrew month of Sivan, and all Saturdays.
Eleventh - All necessary slaughterhouse expenses such as guarding, cleaning, and water fees which are paid according to the meter
present in the slaughterhouse and the expenses of lighting the slaughterhouse with electricity shall be paid by the contractor alone, who must act according to the instructions of
the Council regarding the organization of that in accordance with the requirements of the interest, and the contractor must pay to the Council’s fund sixty Dinars
for the account of water and electricity fees in the slaughterhouse, and the Council is the one that undertakes the payment of these expenses from time to time, provided that
the account is settled between the Council and the contractor at the end of the contract period.
Twelfth - The Council acknowledges that it has received from the contractor in cash the sum of two thousand six hundred Dinars (2600) as cash security
for the account of the contract fee, which is a total deposit of about ten percent 10%, provided that this is calculated from the last two installments
remaining from the contract period, and both parties acknowledge that the aforementioned sum is from the sole property of the two partners Muhammad Ja'far Baghdadi
and Salam Mahdi, and the contractor undertakes to pay the remainder of the contract fee, which is twenty-three thousand four hundred and forty
Dinars (23440) in twenty installments, each installment linked to a promissory note in the amount of one thousand one hundred and seventy-two Dinars (1172)
issued to the order of the Council, provided that the first promissory note is due on April 15, 1946, and thus the maturities of the consecutive notes follow
every fifteen consecutive days, and the last installment of them is due on January 30, 1947.
Page 237
This agreement was concluded on the nineteenth day of the month of March in the year one thousand nine hundred and forty-six AD
1946 between the first party Eliyahu Hayyim Tawfiq, President of the Israeli Lay Council in Baghdad, on behalf of the aforementioned
Lay Council (referred to in this agreement as the Council) and the second party Muhammad Jafar al-Baghdadi and Salam Mahdi, who
accepted to be responsible for the results of this agreement (referred to as the Contractor), and in view of what the Lay Council decided
on 10 March 946 by granting the right of Ghabila by commitment to the Contractor and based on the latter's acceptance of that as stated at the end
of the auction list dated 10 March 946, the two parties decided to conclude the agreement in this regard according to the following articles:-
First - The Council has granted the right of Ghabila by commitment to the Contractor for an amount of twenty-six thousand and forty Dinars for a period of one
full year starting from the first of April of the year one thousand nine hundred and forty-six 1946 until the end of March of the year one thousand
nine hundred and forty-seven 1947, and the Contractor acknowledges the acceptance of this commitment related to the right of Ghabila for the
aforementioned amount and for the aforementioned period.
Second - The right of Ghabila consists of collecting ten Fils per kilogram of Kosher meat and taking in kind the eggs,
kidneys and their fat, and the 'Abar (fetus) that appears in its womb, and the intestines of the Kosher and Trefa according to the ongoing dealing
since ancient times.
Third - The right of Ghabila pertains to sheep, goats, and cows slaughtered in the slaughterhouse (abattoir) of the Israeli community in Baghdad,
Adhamiya, and Karrada for the purpose of securing the needs of Israelis from the meat offered for sale. The slaughtering must be restricted
to the Israeli slaughterhouse in the city of Baghdad unless the two parties agree otherwise.
Fourth - The 'Abar (fetus) is considered outside the scope of the Ghabila fee if the slaughter of pregnant ewes is not permitted by any
government authority, and the Contractor takes in kind from the Kosher and Trefa sheep and goats slaughtered in the community's slaughterhouse in the
center of Baghdad province, provided that the Contractor receives them delivered at the slaughterhouse where he shall be responsible for the costs of collecting and transporting them without
any prior objection from him if they appear cut, small, or black. However, if the Contractor wishes to be provided with a certificate confirming
the number of Kosher and Trefa intestines obtained during the year of the commitment, he alone must pay the salary of the employee appointed by the
Council to supervise the process of separating Kosher intestines from Trefa ones in the slaughterhouse.
Fifth - The Contractor has no right to demand any reduction or compensation for an incident or incidents arising from force majeure
such as the occurrence of celestial disasters, terrestrial accidents, the issuance of government orders, or other cases related to the scarcity of Kosher meat or the scarcity of
intestine yields or any part of the Ghabila components, or the interruption of slaughtering within a legal excuse, or facing difficulty in selling
Trefa meat, butchers' strikes, their monopoly on sheep, or other reasons that were not possible to prevent.
Rather, the Contractor must pay the required payments throughout the duration of the commitment even when facing those conditions and incidents.
Sixth - The matter of Kosher and Trefa discipline and the transactions arising from the slaughtering belongs to the specialized Rabbis
only. The Contractor has no right to raise any objection, opposition, or violation against any measure, procedure, or precaution taken
by the aforementioned Rabbis who alone have the right to assess, implement, and decide matters related to discipline without
the interference of anyone else whatsoever. The Head of the Community, upon a request from the Council, may stop the slaughtering by butchers
whose ill-treatment and conduct in the slaughterhouse are proven, without the interference of the Contractor who had no right to claim
that such prevention caused a decrease in slaughtering or a decrease in intestine yields. However, if one of the butchers in the slaughterhouse
seizes an amount of Kosher or Trefa intestines or other parts of the Ghabila and neglects to deliver them to the Contractor, the Head of the Community
may prevent the usurper from slaughtering until the usurped items are returned or their price is paid to him, based on the review of the Contractor who
has no right to demand any compensation or reduction resulting from those incidents.
Seventh - The Council may issue the necessary instructions to the religious men to whom the matter of slaughtering in the slaughterhouse is entrusted
Page 239
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⟦...⟧
Fourteenth - Ten percent as compensatory insurance from the guarantee required to be taken as insurance for the implementation of the provisions of this contract and the payment of each bill of exchange of the bills of exchange
referred to in the twelfth clause, and this guarantee shall be canceled when the compensatory insurance is paid to the Council's fund.
Fifteenth - The contractor must contact the Council regarding any potential dispute occurring under the provisions of this agreement in writing,
and the Council must resolve the dispute within one month from the date of receiving the contractor's letter containing his viewpoint on the nature of
the dispute, and he has no right to seek any formal or judicial method without first consulting the Council; otherwise, he alone shall be responsible for all
legal expenses and any other expenses incurred.
Sixteenth - The contractor undertakes to accept the account given to him by the Council regarding compensation, interests, and accrued expenses
as insurance to pay the commitment fee with the surplus and expenses added to it without prior objection when the Council exercises its powers set forth
in this agreement during the commitment period.
Seventeenth - No right or liability from any contract or undertaking between the contractor and a third party shall be accepted, which is between him and that third party
and in which the Council has no involvement, but the contractor must maintain the duties incumbent upon him under this agreement towards
the Council.
Eighteenth - The provision of this contract shall be implemented as of April 1, 1944, which is the start of the commitment in which the contractor began to exercise the right
of the Al-Ghabila tax. This agreement was concluded and signed by the two parties in Baghdad and exchanged between them in one copy as per the rules.
The Second Party | The First Party
⟦Stamps with signatures⟧
29 / ⟦...⟧ / 944 | ⟦...⟧ / 944
Page 240
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of kosher meat at a rate of four thousand eight hundred kilos every day of the week and five thousand two hundred kilos every Friday,
except for Saturdays, and that is in the event of a strike by the butchers and their refusal to slaughter sheep for any reason whatsoever and their monopoly of the sheep with the aim of reducing
what is offered for sale of meat to lower its price, and that is throughout the duration of the strike and monopoly. In the event that the contractor fails to do so, the Council alone has the right to
terminate the contract immediately without prior notice and give it to others and demand compensation from the contractor in accordance with what was stated in the previous paragraph regarding
taking the necessary measures to fulfill what the Israelite community needs of meat for the account of the mentioned contractor and demanding the difference
resulting from the decrease in the consideration with the legal surplus starting from the date of the occurrence of the strike and monopoly. It also has the right to choose a method
another, which is the immediate termination of the contract and the taking of necessary measures directly by providing sufficient sheep for slaughter in an amount sufficient to meet the needs of
the community of kosher meat, without the need to give the contract to others, provided that its right of recourse against the contractor is
reserved in terms of compensation, price difference, surplus, and employees' wages to implement this purpose without the need for prior notice.
Ninth — If the slaughterers of the slaughterhouse go on strike and refuse to slaughter based on sectarian disputes, and the Council takes upon itself
the slaughtering process in the slaughterhouse based on the strike arising from the aforementioned disputes, the contractor has the right to demand from the Council the daily
installment of the commitment, which is the quotient of dividing the total commitment consideration by the number of days in which slaughtering takes place during the year,
and that is for the duration of the strike only.
Tenth — The exempted days excluded from entering into the commitment period are the first nine days of the Hebrew month of Ab and one of
the two days of the New Year holiday "Rosh Hashanah", i.e., the first and second days of the Hebrew month of Tishri, and the Day of Atonement "Yom Kippur", i.e., the tenth
day of the Hebrew month of Tishri, and one of the first two and the last two days of each of the Tabernacles holidays "Sukkot", i.e., the fifteenth,
sixteenth, twenty-second, and twenty-third of the Hebrew month of Tishri, and Passover "Chag HaMatzot", i.e., the fifteenth,
sixteenth, twenty-first, and twenty-second of the Hebrew month of Nissan, and the Revelation of the Torah "Shavuot", i.e., the sixth
and seventh of the Hebrew month of Sivan, and all Saturdays.
Eleventh — All necessary expenses for the slaughterhouse, including guarding, cleaning, and water fees paid according to the existing meter
in the slaughterhouse, and the expenses of lighting the slaughterhouse with electricity, shall be paid by the contractor alone, who must act according to the instructions of the Council regarding
the organization thereof in accordance with what the public interest requires. The contractor must pay to the Council’s treasury sixty Dinars for the water and electricity fees
account in the slaughterhouse, and the Council is the one who undertakes the payment of these expenses from time to time, provided that the settlement between the Council
and the contractor takes place at the end of the commitment period.
Twelfth — The Council acknowledges that it has received from the contractor in cash the sum of two thousand one hundred Dinars / 2100 as cash security for the account of
the commitment, which is a total of approximately ten percent 10%, provided that this is calculated from the last two remaining months of the
commitment period. Both parties acknowledge that the mentioned amount belongs solely to the partners Muhammad Ja'far Al-Baghdadi and Salam Sidi Al-Sheikh.
The contractor undertakes to pay the remainder of the commitment amount, which is eighteen thousand Dinars 18000, in the following manner: out of which one thousand
Dinars to be collected in two equal installments, each installment of five hundred Dinars linked to a promissory note, the first due on 30 April 1944 and the second
due on 30 May 1944. As for the remaining seventeen thousand Dinars, they shall be collected in twenty installments, each installment linked to a promissory note
in the amount of eight hundred and fifty Dinars written to the order of the Council, with the first note due on 15 April 1944, and thus the
maturities of successive notes follow every fifteen consecutive days, and the last installment is due on 30 January 1945.
Thirteenth — The commencement of the legal surplus for each note is considered to be from its maturity date without the need for prior notice. If any
of the notes mentioned in the previous clause is not paid, the Council has the choice between collecting the note's right for the account of the contractor at its current market price
at the time of collection, provided that this is calculated from the value of the notes without prejudice to the right to claim compensation, surplus, and expenses
related to the decrease in the commitment value and without the need for prior notice thereof, and between terminating the contract and giving it to others while reserving the claim for
compensation, surplus, and decrease in value from the contractor without the need for prior notice.
Fourteenth — The total cash security is considered twenty percent relative to the commitment amount, of which ten percent is original security, and of which
Fifteen
⟦illegible⟧
⟦illegible⟧
Page 241
This agreement was concluded on the nineteenth day of the month of March in the year one thousand nine hundred and forty-four AD
1944 between the first party, Eliyahu Hayyim Tawfiq, President of the Jewish Lay Council in Baghdad, on behalf of the mentioned
Lay Council (referred to in this agreement as the Council), and the second party, Muhammad Ja'far al-Baghdadi and Salam Mahdi al-Sheikh,
who have accepted to be responsible for the results of this agreement (referred to as the Contractor). In view of what the Lay Council decided
on March 19, 1944, to grant the right of Ghabila by contract to the Contractor, and based on the latter's acceptance of that as stated at the end of the
auction list dated March 19, 1944, the two parties decided to conclude the agreement in this regard according to the following articles:-
First - The Council has granted the right of Ghabila by contract to the Contractor for an amount of (twenty thousand and one hundred dinars) for a full year
starting from the first of April of the year one thousand nine hundred and forty-four 1944 until the end of March 1945 one thousand nine hundred
and forty-five. The Contractor acknowledges acceptance of this contract regarding the right of Ghabila for the mentioned consideration and duration.
Second - The right of Ghabila consists of collecting ten fils per kilogram of Kosher meat and taking the spleen, kidneys,
their fat, and the fetal intestine (Qouzi) that appears in the mother's womb, and the intestines of Kosher and Treif according to ancient custom.
Third - The right of Ghabila pertains to sheep, goats, and cows slaughtered in the "Maslah" slaughterhouse of the Jewish community in Baghdad, Adhamiyah,
and Karrada for the purpose of securing the needs of the Jews for meat offered for sale. The slaughter must be confined to the Jewish slaughterhouse
in the city of Baghdad unless the two parties agree otherwise.
Fourth - The fetal intestine "Qouzi" is considered outside the scope of the Ghabila fee if any government authority does not allow
the slaughter of pregnant ewes, and the Contractor takes the intestines from the Kosher and Treif sheep and goats slaughtered in the community slaughterhouse in Baghdad province center,
provided that the Contractor receives them delivered at the slaughterhouse, where he shall be responsible for the costs of collecting and transporting them without any prior objection from him
should they appear cut, small, or black. If the Contractor wishes to be provided with a certificate confirming the number of Kosher and Treif intestines
extracted during the contract period, he alone must pay the salary of the employee appointed by the Council to supervise the process of separating
Kosher intestines from Treif intestines in the slaughterhouse.
Fifth - The Contractor has no right to demand any reduction or compensation for an incident or incidents arising from force majeure such as the occurrence of
heavenly disasters, earthly accidents, the issuance of government orders, or other cases related to the shortage of Kosher meat or the lack of intestine yields
or any part of the Ghabila, or the interruption of slaughter within a legitimate excuse, or facing difficulty in selling Treif meat, or a strike by
butchers and their monopoly of sheep, or other reasons that were not possible to prevent; rather, the Contractor must pay what is
required of him in payments throughout the duration of the contract even when facing those conditions and incidents.
Sixth - The matter of discipline regarding Treif or Kosher and the transactions arising from these slaughters belongs to the specialized Rabbis
only, and the Contractor has no right to make any objection, opposition, or violation against any measure, procedure, or reservations taken by the mentioned Rabbis
who alone have the right to evaluate and implement them and decide on matters related to discipline without any interference from anyone else
whatsoever. The Head of the Community, based on a request from the Council, may stop the slaughter by butchers who are found to have bad dealings
and conduct in the slaughterhouse without the interference of the Contractor, who has no right to claim that such prevention caused a decrease in slaughter
or a decrease in intestine yields; however, if one of the butchers in the slaughterhouse seizes a quantity of Kosher or Treif intestines
or other parts of the Ghabila and neglects to deliver them to the Contractor, the Head of the Community may prevent the seizer from slaughtering until the return of
the seized items or payment of their price to him, based on the application of the Contractor, who has no right to demand any compensation or reduction due to
those incidents.
Seventh - The Council may issue the necessary instructions to the religious men entrusted with the matter of slaughter in the slaughterhouse regarding
their attendance at work and how they carry out the slaughtering order in the slaughterhouse as per custom and the form of managing that according to the interest,
provided that the Council is not held responsible for anything related to that, but it alone has the right to assess that attendance at work and the manner of shifts
consecutively for the employees when it is convinced of the absence of a legitimate excuse for them.
Eighth - The Contractor undertakes to provide every day a sufficient number of sheep for slaughter and to fulfill what is needed by the Jewish community in Baghdad.
Page 242
This agreement was concluded on the fourteenth day of the month of March in the year one thousand nine hundred and forty-three 1943 AD
between the first party, Mr. Eliyahu Hayyim Tawfiq, President of the Israeli Lay Council in Baghdad, on behalf of the aforementioned
Lay Council (referred to in this agreement as the Council), and the second party, Messrs. Abbas al-Jadou and Mahmoud al-Salman, who
accepted to be responsible for the results of this agreement (referred to as the Contractor), and in view of what the Lay Council decided
on March 14, 1943, to grant the right of Ghabila by contract to the Contractor, and based on the latter's acceptance of that as stated at the end of
the auction list dated March 14, 1943, the two parties decided to conclude the agreement in this regard according to the following articles:-
First - The Council has granted the right of Ghabila by contract to the Contractor for the amount of twenty thousand two hundred and thirty dinars for a period of one
full year starting from the first of April of the year one thousand nine hundred and forty-three 1943 until the end of March 1944 of the year
one thousand nine hundred and forty-four, and the Contractor acknowledges acceptance of this contract related to the right of Ghabila for the mentioned sum and for the
mentioned period ⟦line⟧
Second - The right of Ghabila consists of collecting ten fils per kilogram of Kosher meat, and taking in kind the Baghi and kidney
and its fat, and the Abar (foetus) that appears in the womb of its mother, and the intestines of Taref and Kosher according to the custom current from of old.
Third - The right of Ghabila pertains to sheep, goats, and cows slaughtered in the "Maslakh" slaughterhouse of the Jewish community in Baghdad,
Adhamiya, and Karrada, with the aim of securing the needs of the Jews from the meat offered for sale. Slaughtering must be restricted
to the Jewish slaughterhouse in the city of Baghdad unless the two parties agree otherwise.
Fourth - The Abar (foetus) is considered outside the scope of the Ghabila fee if the slaughter of pregnant ewes is not permitted by any government
authority, and the Contractor takes the intestines in kind from the Kosher and Taref sheep and goats slaughtered in the community slaughterhouse in Baghdad province,
provided that the Contractor receives them laid out in the slaughterhouse where he shall be responsible for the costs of collecting and transporting them without any prior objection from him
in the event that they appear cut, small, or black.
Fifth - The Contractor has no right to demand any reduction or compensation whatsoever for an incident or incidents arising from force majeure such as the occurrence of
heavenly disasters or earthly accidents or the issuance of government orders or other cases related to the shortage of Kosher meat or the shortage of intestine yields
or part of the Ghabila components or the interruption of slaughtering within a legitimate excuse or facing difficulty in selling Taref meat or the strike
of butchers and their monopolization of sheep or other reasons that were not within the possibility of prevention; rather, the Contractor must pay
what is due from him in payments throughout the duration of the contract even when facing those conditions and events.
Sixth - The matter of Kosher and Taref discipline and the resulting slaughtering transactions belongs to the competent Rabbis
only, and the Contractor has no right to make any objection, opposition, or violation against any measure, procedures, or reservations taken by
the aforementioned Rabbis, who alone have the right to evaluate and implement them and decide on matters related to discipline without the interference
of anyone else inevitably. The head of the community, based on the request of the Council, may stop the slaughtering by the hands of butchers whose
bad dealings and behavior in the slaughterhouse are proven to him, without the interference of the Contractor, who has no right to claim that such prevention has
caused a decrease in slaughter or a decrease in intestine yields; furthermore, if one of the butchers in the slaughterhouse usurps an amount of Kosher or
Taref intestines or other parts of the Ghabila and neglects to deliver them to the Contractor, the head of the community may prevent the usurper from slaughtering
until the usurped items are returned or their price is paid to him, based on the application of the Contractor, who has no right to demand any compensation
or reduction as a result of those incidents.
Seventh - The Council may issue the necessary instructions to the religious men entrusted with the matter of slaughtering in the slaughterhouse regarding
their diligence at work and how they perform the slaughtering process in the slaughterhouse as is the custom and the form of managing that according to
the interest, provided that the Council is not held responsible for anything related to that, but it alone has the right to evaluate that diligence at work
and the manner of attendance in a sequential manner for employees when it is convinced of the absence of a legitimate excuse for them.
Eighth - The Contractor undertakes to provide every day a sufficient number of sheep for slaughter and to fulfill what the Jewish community in Baghdad needs
of Kosher meat at a rate of four thousand eight hundred kilograms on every day of the week and five thousand two hundred kilograms on every day
Page 243
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Fifteenth - The contractor must consult the Council regarding any potential dispute arising under the provisions of this agreement in writing.
The Council shall resolve the dispute within one month from the date of receiving the contractor's letter containing his viewpoint
on the nature of the dispute. He has no right to resort to any formal or judicial method without first consulting the Council; otherwise, he alone
shall be responsible for all legal costs and any other expenses incurred.
Sixteenth - The contractor undertakes to accept the account provided to him by the Council regarding compensation, surplus, and expenses
incurred as security for payment of the contract fee, including the addition of surplus and expenses, without prior objection when the Council
exercises its powers set out in this agreement during the contract period.
Seventeenth - No right or liability from any contract or undertaking between the contractor and a third party shall be accepted regarding matters between him and that
third party in which the Council has no involvement, but the contractor must maintain the duties incumbent upon him under this agreement
towards the Council.
Eighteenth - The provision of this contract is executed as of April 1, 1943, which is the start of the contract in which the contractor began collecting the
Ghaboula fee. This agreement was concluded and signed by both parties in Baghdad and exchanged between them duly certified.
The Second Party
The First Party
⟦Multiple revenue stamps featuring King Faisal II⟧
1 DINAR 1 Dinar
REVENUE
IRAQ
POSTAGE
30 FILS 30 Fils
20 FILS 20 Fils
Total
On behalf of
The Lay Council
The Lay Council
of the Jewish Community
in Baghdad
JEWISH LAY COUNCIL
BAGHDAD
The Lay Council
of the Jewish Community
in Baghdad
Page 244
- 2 -
Fridays, excluding Saturdays, and that is when the butchers strike and refuse to slaughter sheep for any reason whatsoever, or when they monopolize sheep
with the intent of reducing what is offered for sale of meat to increase its price, and that is for the duration of the strike and monopoly. When the contractor fails to do so,
the Council alone has the right to terminate the commitment immediately without prior notice and give it to others, and demand compensation from the contractor in accordance with what was stated in
the previous paragraph regarding taking the necessary measures to fulfill the needs of the Israeli community for meat for the account of the mentioned contractor
and demanding the difference resulting from the decrease in the allowance with the statutory surplus starting from the date of the occurrence of the strike and monopoly.
It also has the choice of another method, which is to terminate the commitment immediately and take the necessary measures directly by providing sufficient sheep
for slaughtering in an amount sufficient to cover the needs of the community for Kosher meat, without the need to give the commitment to others,
provided that its right of recourse against the contractor is reserved in terms of compensation, price difference, surplus, and the wages of employees to implement
this purpose without the need for prior notice.
Ninth: If the slaughterers of the slaughterhouse go on strike and refrain from slaughtering based on sectarian differences, and the Council takes upon
itself the slaughtering process in the slaughterhouse based on the strike arising from the aforementioned differences, the contractor has the right to demand from
the Council the daily commitment installment allowance, which is the quotient of the total commitment allowance divided by the number of days in which
slaughtering takes place during the year, for the duration of the strike only.
Tenth: The exempted days excluded from the commitment period are the first nine days of the Hebrew month of Ab, one of
the two days of the New Year holiday "Rosh Hashanah," i.e., the first and second days of the Hebrew month of Tishrei, and the Day of Atonement "Kippur," i.e.,
the tenth day of the Hebrew month of Tishrei, and one of the first and last two days of each of the Feast of Tabernacles "Sukkot," i.e.,
the fifteenth, sixteenth, twenty-second, and twenty-third of the Hebrew month of Tishrei, and Passover "Al-Fatir," i.e.,
the fifteenth, sixteenth, twenty-first, and twenty-second of the Hebrew month of Nisan, and the Revelation of the Torah "Shavuot,"
i.e., the sixth and seventh days of the Hebrew month of Sivan, and all Saturdays.
Eleventh: All necessary slaughterhouse expenses for guarding, cleaning, and water fees paid according to the existing meter
in the slaughterhouse and the expenses for lighting the slaughterhouse with electricity are paid by the contractor alone, who must act according to the instructions of the Council
regarding organizing that as required by interest. The contractor must pay sixty Dinars to the Council's treasury for the account of
water and electricity fees in the slaughterhouse, and the Council is the one that undertakes the payment of these expenses in due time, provided that the account is settled
between the Council and the contractor at the end of the commitment period.
Twelfth: The Council acknowledges that it has received from the contractor in cash the amount of two thousand two hundred and thirty Dinars - / 2230 as cash insurance
for the account of the commitment allowance, which is a total deposit of about ten percent, provided that it is calculated from the last two remaining months
of the commitment period. Both parties acknowledge that the mentioned amount is the pure property of the contractor, Messrs. Abbas Al-Jadou and Mahmoud Al-Salman.
The contractor undertakes to pay the remainder of the commitment allowance, which is eighteen thousand Dinars - / 18000 in twenty installments, each
installment linked to a promissory note in the amount of nine hundred Dinars written to the order of the Council, provided that the first promissory note is due on April 15, 1943.
Thus, the maturities of successive bonds follow every fifteen consecutive days, and the last installment is due on January 30,
1944.
Thirteenth: The commencement of the statutory surplus for each promissory note is considered from its maturity date without the need for prior notice. In the event of
non-payment of each of the promissory notes mentioned in the previous article, the Council has the choice between collecting the right of acceptance for the account of the contractor
at its current market price at the time of collection, provided that this is calculated from the allowance of the promissory notes and without prejudice to the right to request
compensation, surplus, and expenses related to the decrease in the commitment allowance and without the need for prior notice of that, and between terminating the commitment
and giving it to others while preserving the principal of compensation, surplus, and the decrease in allowance from the contractor without the need for prior notice.
Fourteenth: The total cash insurance is considered twenty percent of the commitment allowance, ten percent of which is primary insurance and ten percent of which
is compensatory insurance from the guarantee that must be taken as security for the implementation of the provisions of this contract and the payment of each of the promissory
notes referred to in the twelfth article. This guarantee is cancelled when the compensatory insurance is paid to the Council's treasury.
Page 245
- 4 -
I, the undersigned, acknowledge that I have guaranteed Mr. Mahmoud Al-Salman and Abbas Al-Jadou
to the Israelite Spiritual Council in Baghdad, and I have made myself a guarantor before the aforementioned Council for the execution of
this agreement and the payment of the promissory notes with their interest until the time of payment stipulated in Articles 12 and 13 of the agreement.
However, the guarantee and the liability resulting from this sponsorship shall be limited to an amount not exceeding two thousand and twenty-three Dinars,
which are compensatory insurances for the guarantee mentioned in Article 14 of this agreement, and this guarantee is considered
void and of no effect when the aforementioned amount is paid to the referred Council as compensatory insurance calculated for the account of the contractor for
the contract price according to Article 14 of this agreement.
The Guarantor
⟦illegible⟧
Page 246
This agreement was concluded on the nineteenth day of the month of March in the year one thousand nine hundred and forty-two AD
1942 between the first party, Eliyahu Hayyim Tawfiq, President of the Israeli Lay Council in Baghdad, on behalf of the
aforementioned Lay Council (referred to in this agreement as the Council) and the second party, Al-Haj Abdul Razzaq
Al-Mulla Qadir, who accepted to be responsible for the outcomes of this agreement (referred to as the Contractor). In view of what was decided by
the Lay Council on March 15, 1942, regarding the granting of the Ghabila right by contract to the Contractor, and based on the latter's acceptance
of that as stated at the end of the auction list dated March 15, 1942, the two parties decided to conclude the agreement in this regard
according to the following articles -
First - The Council has granted the Ghabila right by contract to the Contractor for the amount of twelve thousand nine hundred and eighty Dinars
for a full year starting from the first of April of the year one thousand nine hundred and forty-two 1942 until the end of March 1943
one thousand nine hundred and forty-three. The Contractor acknowledges acceptance of this commitment relating to the Ghabila right for the mentioned amount
and for the mentioned period.
Second - The Ghabila right consists of collecting ten Fils per kilogram of Kosher meat and taking in kind the eggs,
kidneys and their fat, and the fetus (fetal lamb) found inside its mother, and the intestines of Kosher and Treif animals according to the current
long-standing practice.
Third - The Ghabila right pertains to sheep, goats, and cows slaughtered in the slaughterhouse of the Israeli community in Baghdad,
Adhamiya, and Karrada for the purpose of securing the needs of the Israelis for meat offered for sale. The slaughter must be confined
to the Israeli slaughterhouse in the city of Baghdad unless the two parties agree otherwise.
Fourth - The fetus (fetal lamb) is considered outside the scope of the Ghabila fee if any government authority does not allow
the slaughter of pregnant ewes, and the Contractor shall take the intestines in kind from the Kosher and Treif sheep and goats slaughtered in the community slaughterhouse in the center
of Baghdad province, provided that the Contractor receives them delivered at the slaughterhouse where he shall be responsible for the costs of collecting and transporting them without any
prior objection from him if they appear cut, small, or black.
Fifth - The Contractor has no right to demand any discount or compensation whatsoever for an incident or incidents resulting from force majeure
such as the occurrence of heavenly pests, earthly accidents, the issuance of government orders, or other cases related to the scarcity of Kosher meat or the scarcity of
intestine yields or any part of the Ghabila parts, or the interruption of slaughter due to a legitimate excuse, or facing difficulty in selling Treif meat,
strikes by butchers, their monopoly of sheep, or other reasons which were not possible to prevent. Rather, the Contractor must
pay the required payments throughout the duration of the contract even when facing those conditions and incidents.
Sixth - The matter of discipline for Treif and Kosher and the resulting slaughter transactions belongs to the competent Rabbis
only. The Contractor has no right to raise any objection, opposition, or violation against any measure, procedure, or reservations taken by
the aforementioned Rabbis, who alone have the right to assess and implement them and decide on matters related to discipline without any
interference from anyone else. The Head of the Community, based on the Council's request, may stop the slaughter by butchers whose
misconduct and behavior in the slaughterhouse are proven, without the interference of the Contractor, who has no right to claim that such prevention
caused a decrease in slaughter or a decrease in intestine yields. However, if one of the butchers in the slaughterhouse seizes an amount of
Kosher or Treif intestines or other parts of the Ghabila and neglects to deliver them to the Contractor, the Head of the Community may prevent the usurper
from slaughtering until the usurped items are returned or their price is paid to him, based on a request from the Contractor, who has no right to demand
any compensation or discount as a result of those incidents.
Seventh - The Council may provide the necessary instructions to the religious men to whom the matter of slaughter in the slaughterhouse is entrusted regarding
their diligence at work and how they implement the slaughter order in the slaughterhouse as per custom and the form of managing it according to
interest, provided that the Council is not held responsible for anything related to that; rather, it alone has the right to assess that diligence and the manner of
attendance in a consecutive manner for the employees when it is convinced of the absence of a legitimate excuse for them.
Eighth - The Contractor undertakes to provide every day a sufficient number of sheep for slaughter to meet the needs of the Israeli community in Baghdad
for Kosher meat at a rate of four thousand eight hundred kilograms on each day of the week and five thousand two hundred kilograms on every
Friday, excluding Saturdays, in the event of butchers striking and refusing to slaughter sheep for any reason or monopolizing the sheep.
Page 248
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with the intention of reducing the amount of meat offered for sale to increase its price throughout the period of strike and monopoly. When the contractor fails to do so,
the Council alone has the right to terminate the contract immediately without prior notice and award it to others, and demand compensation from the contractor in accordance with what was mentioned
in the previous paragraph regarding taking the necessary measures to provide what the Jewish community needs in terms of meat ⟦line⟧
at the expense of the aforementioned contractor and demanding from him the difference resulting from the decrease in the consideration along with the statutory surplus starting from the date of ⟦line⟧
the occurrence of the strike and monopoly. It also has the right to choose another method, which is the immediate termination of the contract and taking the necessary measures
directly by providing sufficient sheep for slaughter in an amount sufficient to meet the community's need for Kosher meat, without the need to
award the contract to others, provided that its right of recourse against the contractor is reserved regarding compensation, price difference, surplus,
and the wages of employees to implement this purpose without the need for prior notice.
Ninth: If the slaughterhouse butchers go on strike and refrain from slaughtering based on sectarian differences and the Council takes upon itself
the slaughter process in the slaughterhouse based on the strike arising from the aforementioned differences, the contractor has the right to demand from the Council
the replacement of the daily contract installment, which is the quotient of dividing the total contract consideration by the number of days on which slaughtering takes place ⟦line⟧
during the year, for the period of the strike only.
Tenth: The holiday days excluded from entering the contract period are the first nine days of the Hebrew month of Ab, one
of the days of the New Year holiday "Rosh Hashanah," i.e., the first and second days of the Hebrew month of Tishrei, and the Day of Atonement "Kippur," i.e.,
the tenth day of the Hebrew month of Tishrei, and one of the first and last two days of each of the Feast of Tabernacles "Sukkot" (i.e.,
the fifteenth, sixteenth, twenty-second, and twenty-third of the Hebrew month of Tishrei), and Passover "Unleavened Bread," i.e.,
the fifteenth, sixteenth, twenty-first, and twenty-second of the Hebrew month of Nisan, and the Revelation of the Torah "Shavuot,"
i.e., the sixth and seventh days of the Hebrew month of Sivan, and all Saturdays.
Eleventh: All necessary slaughterhouse expenses, including guarding, cleaning, and water fees paid according to the existing meter
in the slaughterhouse, and the expenses of lighting the slaughterhouse with electricity, are paid by the contractor alone, who must act according to the Council's instructions
regarding the regulation thereof as required by the public interest. The contractor must pay to the Council's fund sixty Dinars on account of
water and electricity fees in the slaughterhouse, and the Council is the one that undertakes to pay these expenses on time, provided that the accounting takes place
between the Council and the contractor at the end of the contract period.
Twelfth: The Council acknowledges that it has received from the contractor in cash the sum of one thousand two hundred and eighty Dinars — / 1280 as cash security
on account of the contract consideration, which is a total deposit of approximately ten percent 10%, provided that this is calculated from the last two ⟦line⟧
remaining months of the contract period. Both parties acknowledge that the aforementioned amount belongs solely to the contractor, Haj Abdul Razzaq
Al-Mulla Qaddo. The contractor pledges to pay the remainder of the contract consideration, which is eleven thousand seven hundred Dinars — / 11700, in twenty
installments, each installment tied to a promissory note in the amount of five hundred and eighty-five Dinars drawn to the order of the Council, provided that ⟦line⟧
the first promissory note is due on April 15, 1942, and thus the maturities of the successive notes follow every fifteen consecutive days,
and the last installment thereof is due on January 30, 1943.
Thirteenth: The statutory surplus for each promissory note is considered to start from its maturity date without the need for prior notice. In case of non- ⟦line⟧
payment of each of the promissory notes mentioned in the previous article, the Council has the choice between collecting the Gabelle right for the contractor's account
at its current market price at the time of collection, provided that this is calculated from the consideration of the promissory notes without prejudice to the right to request
compensation, surplus, and expenses related to the decrease in the contract consideration and without the need for prior notice thereof, or terminating the contract
and awarding it to others while reserving the claim for compensation, surplus, and the decrease in consideration from the contractor without the need for prior notice.
Fourteenth: The total cash security is considered twenty percent of the contract consideration, of which ten percent is original security ⟦line⟧
and ten percent is compensatory security for the guarantee that must be taken as security for the implementation of the provisions of this contract and the payment of each note
of the notes referred to in Article Twelve. This guarantee is canceled when the compensatory security is paid into the ⟦line⟧
Council's fund. ⟦line⟧
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I, the undersigned, acknowledge that I have guaranteed Mr. Hajj Abdul Razzaq Al-Mulla Qadu to
the Israelite Spiritual Council in Baghdad, and I have made myself a guarantor before the aforementioned Council for the implementation of
this agreement and the payment of the promissory notes with their interest until the payment provided for in Articles 12 and 13 of the agreement.
However, the guarantee and the liability resulting from this sponsorship shall be limited to an amount not exceeding one thousand two hundred and ninety-eight
dinars, which represent the deposits placed for the aforementioned guarantee in Article 14 of this agreement.
This guarantee shall be considered null and void when the aforementioned amount is paid to the aforementioned Council as deposits -
calculated for the account of the contractor from the commitment fee pursuant to Article 14 of this agreement.
Guarantor
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Car insurance policies for His
Eminence the Head of the Community
The Union A. G. Ins. Co
% I. & P. Adas