AI English Translation, Pages 226-250
( 3 )
and the 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 of the Hebrew month of Sivan; and all Sabbath days.
Eleventh – All necessary slaughterhouse expenses for guarding, cleaning, and water fees which
are paid according to the meter present in the slaughterhouse, and the expenses for 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 as required by the public interest. The contractor
must pay to the Council's treasury sixty Dinars toward the account of water and electricity fees in the slaughterhouse, and the Council is
the party that undertakes the payment of these expenses in due time, provided that the account between the Council and the contractor is settled at
the end of the contract period.
Twelfth – The Council acknowledges that it has received from the contractor in cash three thousand Dinars (3000/-)
as cash insurance for the contract value account, which is a total deposit of approximately ten percent 10%, provided that this
is calculated from the last remaining two months of the contract period. Both parties acknowledge that the mentioned amount is from
the personal funds of the contractor, Mr. Abdullah Saleh Effendi. The contractor undertakes to pay the remainder of the contract value, which is
twenty-eight thousand nine hundred and seventy Dinars (28970), in twenty installments, each installment linked to a
promissory note in the amount of one thousand four hundred and forty-eight Dinars and a half (1448/550) issued to the order of the Council, provided that
the first promissory note matures on April 15, 1948, and thus successive notes shall mature every
fifteen consecutive days, and the last installment thereof shall mature on January 30, 1949. The last installment is linked
to two promissory notes: the first in the amount of 1450/- Dinars (one thousand four hundred and fifty) and the second in the amount of forty-eight Dinars
and five hundred Fils.
Thirteenth – The statutory interest for each promissory note shall be considered to start from its maturity date without the need
for prior notice. In the event of non-payment of any of the promissory notes mentioned in the previous article, the Council has the choice between
collecting the right of the fallen [fees] for the account of the contractor at its current market price at the time of collection, provided this is deducted
from the value of the promissory notes without prejudice to the right to claim compensation, interest, and expenses related to the deficit in the
contract value and without the need for prior notice thereof, or rescinding the contract and granting it to others while reserving the right to claim
compensation, interest, and the deficit in value from the contractor without the need for prior notice.
Fourteenth – The contractor must approach 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. He has no right to resort to any official or judicial method without approaching
the Council first; otherwise, he alone shall be responsible for all legal expenses and any other expenses incurred.
Fifteenth – The contractor undertakes to accept the account provided to him by the Council regarding compensation,
interest, and expenses incurred as security for the settlement of the contract value, adding the interest and expenses to it without prior objection
by him when the Council exercises its powers set forth in this agreement during the contract period.
(To be continued)
This agreement was concluded on the twenty-second day of the month of March in the year one thousand nine hundred and eight
and forty 1948 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, Mr.
Abdullah Saleh Effendi, who 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 14, 1948, the two parties decided to conclude the agreement
in this form according to the following articles:-
First - The Council has granted the right of Ghabila (kosher meat tax) by contract to the Contractor for an amount of thirty-one thousand nine hundred
and seventy Dinars for a full year starting from the first of April of the year one thousand nine hundred and forty-eight 1948
to the end of March of the year one thousand nine hundred and forty-nine 1949. The Contractor acknowledges acceptance of this contract
pertaining to the right of Ghabila for the mentioned consideration and for the mentioned period.
Second - The right of Ghabila consists of collecting ten Fils per one kilogram of Kosher meat
and taking in kind the eggs, kidneys and their fat, and the Abar (fetus) that appears in its mother's womb, and the intestines of Kosher
and Taref (non-kosher) according to the practice current since ancient times.
Third - The right of Ghabila 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 Israelis from the meat offered
for sale. Slaughtering must be confined 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 tax if the slaughter of pregnant ewes
is not permitted by any government authority. The Contractor shall take the intestines in kind from Kosher and Taref sheep and goats that
are slaughtered in the community's slaughterhouse in the center of Baghdad Province, provided the Contractor receives them placed 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 year
of the contract, he alone must pay the salary of the employee appointed by the Council to supervise the process of separating the Kosher
intestines from the Taref ones in the slaughterhouse.
Fifth - The Contractor has no right to claim any deduction or compensation whatsoever for an incident or incidents arising from
force majeure such as the occurrence of celestial pests or terrestrial accidents or the issuance of government orders or other cases related to the shortage
of Kosher meat or the shortage of intestine yields or any part of the Ghabila components or the interruption of slaughtering due to a legal excuse
or facing difficulty in selling Taref meat or the strike of butchers and their monopoly of sheep or other reasons
that were not possible to prevent; rather, the Contractor must pay the payments due from him 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 make any objection, opposition, or violation against any measure or procedures.
( To be continued )
⟦illegible⟧
The Lay Council
of the Israelite Community
in Baghdad
BAGHDAD
Council
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧ one thousand two hundred dinars ⟦illegible⟧ to Allah Abdullah ⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧ 825/000 only eight hundred and twenty-five dinars ⟦illegible⟧
⟦illegible⟧
⟦illegible⟧ 700/000 ⟦illegible⟧ seven hundred dinars to ⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
Seventh - The strike of butchers and their refusal to slaughter sheep for any reason whatsoever, and their monopoly 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 obliged to bring a sufficient number of sheep
for slaughter to meet what the Jewish community in Baghdad needs of 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 stated in
the previous paragraph regarding taking the necessary measures to meet what the community needs of meat for the account of the mentioned
contractor and demanding the difference arising from the decrease in the consideration 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 causes such as the occurrence of heavenly pests or earthly accidents or the issuance of government orders or other cases related
to the scarcity of Kosher meat or the interruption of slaughter within a legitimate excuse or facing difficulty in selling Taref meat or the strike
of butchers or their monopoly of sheep and other reasons that were not possible to prevent.
Ninth - The exempt days excluded from entering into 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 and last two days
for each of the holidays of Sukkot (Tabernacles), i.e., the fifteenth, sixteenth, twenty-second, and twenty-third
of the Hebrew month of Tishrei, and Pesach (Passover), 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 expenses required for the slaughterhouse during the period 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.
Eleventh - The contracting process, the organization of bonds and their delivery to the person to whose order they are written, the provision of the aforementioned
guarantee, and the concern for paying the rest of the deposit and the brokerage fee that will be mentioned in paragraph (b) of Article 14, all of this
must be completed within one week starting from the date of the Council's decision on the final award of this contract. If the
contractor fails to fulfill one of the mentioned conditions, the Council may terminate the contract and hold the contractor liable for all resulting
damage, loss, compensation, and surplus as stated in items six and seven of this contract.
Twelfth - The matter of Kosher and Taref discipline and the religious procedures branching from it belongs to
the specialized Rabbis only. The contractor has no right to raise any objection or any opposition against any measure or procedures
carried out by the aforementioned Rabbis, as they alone have the right to decide what relates to discipline without the intervention of anyone else inevitably.
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 slaughtering process in the slaughterhouse based on the strike arising from the mentioned differences,
the contractor has the right to claim from the Council the daily contract fee for the duration of the strike only (the daily contract fee is the
quotient of the total contract fee divided 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 aforementioned bases 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 certification 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 option to extend the period of the final award if it deems it necessary, and it alone has the right to confirm the final
award, cancel it, or accept other additions within three full days starting from the day following the mentioned
award.
(e) Half of the brokerage fee mentioned in paragraph (b) of this article is due to the broker appointed by the Council, who is
⟦line⟧ and the other half to the broker who brings the final bidder and through whom the contract is
concluded and the commitment is finally awarded to him. The full brokerage amount is collected from the contractor and given to the two mentioned
brokers by the Council.
Appendix: The slaughtering must be restricted to the city of Baghdad alone, and no slaughtering may be carried out in
Karrada or Adhamiya except after the approval of the Council.
President of the Lay Council
⟦Two postage stamps with portraits and Arabic text '10 Fils' and 'Republic of Iraq'⟧
⟦Circular ink stamp with text: LAY COUNCIL⟧
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.
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)
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⟧
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.
JEWISH LAY COUNCIL
BAGHDAD
⟦illegible⟧
⟦illegible⟧
The Lay Council
of the Jewish Community
Baghdad
JEWISH LAY COUNCIL BAGHDAD
The Contractor
⟦signature⟧
Salam Mureedi
The Contractor
⟦signature⟧
The Descendant
⟦illegible faded text⟧
BAGHDAD
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧ on the day ⟦illegible⟧
on ⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
And Salam Mahdi ⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
And Salam Mahdi
⟦illegible⟧
Seventh - The strike of the butchers and their refusal to slaughter sheep for any reason whatsoever, and their monopoly of sheep with the intent of reducing
what is offered for sale of meat and increasing its price, all of this leads the contractor alone to the obligation of bringing a sufficient number of sheep
for slaughter to meet what the Jewish community in Baghdad needs of 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 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 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 causes such as the occurrence of celestial pests or earthly accidents or the issuance of government orders or other cases related
to the scarcity of Kosher meat or the interruption of slaughter within a legitimate excuse or facing difficulty in selling Taref meat or the strike
of butchers or their monopoly of sheep and other reasons that were not possible to prevent.
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 and last two days
for each of the holidays 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 expenses required for the slaughterhouse during the contract period, 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.
Eleventh - The contracting process, the organization of bonds and their delivery to the person in whose name they are written, the provision of the aforementioned
guarantee, and the concern for paying the rest of the deposit and the brokerage fee that will be mentioned in paragraph (b) of Article 14, all of this
must be completed within one week from the date of the Council's decision on the final award of the 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 stated in items six and seven of this contract.
Twelfth - The matter of Kosher and Taref discipline and the religious procedures branching from it belongs to
the specialized Rabbis. The contractor has no right to raise any objection or opposition against any measure or procedures
carried out by the aforementioned Rabbis, as they alone have the right to decide what relates to discipline without the interference of anyone else at all.
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 slaughtering process in the slaughterhouse based on the strike arising from the aforementioned sectarian differences,
the contractor has the right to claim from the Council the daily contract fee for the duration of the strike only (the daily contract fee is
the quotient of the total contract fee divided 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 certification 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 of option to extend the period of the final award if it deems it necessary, and it alone has the right to confirm the final award,
cancel it, or accept other additions, within three full days starting from the day following the aforementioned
award.
(e) Half of the brokerage fee mentioned in paragraph (b) of this article is due to the broker appointed by the Council, who is
⟦illegible⟧ and the other half to the broker who brings the final bidder and through whom the commitment contract is concluded
and awarded to him in a final manner. The full brokerage amount shall be collected from the contractor and given to the aforementioned brokers
by the Council.
Appendix: The slaughtering must be restricted to the city of Baghdad alone, and no slaughtering may be carried out in
Karrada or Adhamiya except after the approval of the Council.
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
President of the Lay Council
Iraq 10 Fils
Iraq 10 Fils
JEWISH LAY COUNCIL BAGHDAD
The Lay Council of Jews in Baghdad
1930
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.
- 3 -
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 / ⟦...⟧
- 2 -
regarding their diligence at work and the manner in which 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 asked for anything related to that, except that it alone has the right to estimate that diligence
at work 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 and to meet the needs of the Israeli community in
Baghdad for Kosher meat at a rate of four thousand eight hundred kilograms every day of the week and five thousand two hundred kilograms
every Friday except Saturdays, and that is when the butchers strike and refrain from slaughtering sheep for any reason whatsoever or their monopoly of
sheep with the intention of reducing what is offered for sale of meat to increase its price, and that is throughout the duration of the strike and monopoly, and when the
contractor fails 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 the needs of the Israeli community
for meat for the account of the contractor and demanding the difference resulting from the decrease in the consideration with the statutory surplus starting from
the occurrence of the strike and monopoly, and it also has the right to 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 meet 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 in terms of compensation, price difference,
surplus, and employee wages to implement this purpose without the need for prior notice.
Ninth - If the slaughterhouse slaughterers strike and refrain from slaughtering 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 contract installment equivalent, which is the quotient of dividing the total contract consideration by the number of days on which
slaughtering takes place during the year, for the duration of the strike only.
Tenth - The exempted days excluded from entering the contract period are the first nine days of the Hebrew month of Av,
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
(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 Feast of Tabernacles
(Sukkot), i.e., the fifteenth and sixteenth of the month of Tishrei 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 day of the Hebrew month of Sivan, and all Sabbath days.
Eleventh - All necessary slaughterhouse expenses for guarding, cleaning, and water fees 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 what the interest requires, 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 handles the payment of these expenses on time, provided that
the accounting takes place between the Council and the contractor at the end of the contract period.
Twelve - The Council acknowledges that it has received from the contractor in cash the amount of two thousand six hundred Dinars (2600) as cash security
for the account of the contract consideration, which is a total deposit of about ten percent 10%, provided that this is calculated from the last two months
remaining of the contract period, and the two parties acknowledge that the mentioned amount is from the pure money of the two partners Muhammad Ja'far Baghdadi
and Salam Mahdi, and the contractor undertakes to pay the remainder of the contract consideration, which is twenty-three thousand four hundred and forty
Dinars (23440) in twenty installments, each installment of which is linked to a promissory note in the amount of one thousand one hundred and seventy Dinars (1172)
written to the order of the Council, provided that the first promissory note is due on April 15, 1946, and thus the maturities of the successive notes follow
every fifteen consecutive days, and the last installment thereof is due on January 30, 1947.
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 Hakim Tawfiq, President of the Israeli Lay Council in Baghdad, on behalf of the Lay Council
aforementioned (referred to in this agreement as the Council) and the second party, Muhammad Ja'far 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 March 10, 946, by granting 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 10, 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 contract to the Contractor for the 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 acceptance of this contract 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 per kilogram of Kosher meat and taking in kind the eggs,
kidneys and their fat, and the fetus (Quzi) that appears in its belly, and the intestines of Kosher and Treif according to the current practice
from of old.
Third - The right of Ghabila pertains to sheep, goats, and cows slaughtered in the slaughterhouse (slaughterhouse) of the Israeli community in Baghdad,
Adhamiya, and Karrada for the purpose of securing the needs of 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 (Quzi) 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 Treif 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 Treif intestines obtained during the contract year, he alone must pay the salary of the employee appointed by
the Council to supervise the process of separating Kosher intestines from Treif in the slaughterhouse.
Fifth - The Contractor has no right to claim 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 scarcity of Kosher meat or the scarcity
of intestine yields or any part of the Ghabila components or the interruption of slaughter within a legal excuse or facing difficulty in selling
Treif meat, butchers' strikes, their monopolization of sheep, or other reasons that were not possible to prevent.
Rather, the Contractor must pay what is due from him in payments throughout the duration of the contract even when facing those conditions and incidents.
Sixth - The matter of Treif and Kosher discipline and the resulting slaughter transactions belongs to the specialized Rabbis
only, so the Contractor has no right to make any objection, opposition, or violation against any measure, procedures, or precautions taken
by the aforementioned Rabbis who alone have the right to assess and implement them and decide what relates to discipline without
the interference of anyone else whatsoever. The head of the community, based on a request from the Council, may stop the slaughtering by butchers whose
misconduct and behavior in the slaughterhouse are proven to him, 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 usurps
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 the review of the Contractor who
has no right to claim any compensation or reduction 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.
- 3 -
⟦...⟧
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
- 2 -
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⟧
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.
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 Hakim Tawfiq, President of the Israeli Lay Council in Baghdad, in the name of the Lay Council
aforementioned (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, by granting 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 sum 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 my acceptance of this contract related to the right of Ghabila for the mentioned amount and for the mentioned
period.
Second - The right of Ghabila consists of collecting ten fils per one kilogram of Kosher meat and taking in kind the eggs, kidneys,
their fat, the fetus (Qouzi) that appears in its womb, and the intestines of the Taref and Kosher according to the custom prevailing since ancient times.
Third - The right of Ghabila 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 Israelis from the meat offered for sale. The animal must be slaughtered
in the Israeli slaughterhouse in the city of Baghdad unless the two parties agree otherwise.
Fourth - The fetus (Qouzi) 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's slaughterhouse in the 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 claim 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 scarcity of Kosher meat or the scarcity of intestine yields
or any part of the Ghabila parts or the interruption of slaughter within a legitimate excuse or facing difficulty in selling Taref meat and the strike of
butchers and their monopoly of sheep or other reasons that were not possible to prevent, rather the Contractor must pay
what is due from him in payments throughout the duration of the contract even when facing those conditions and incidents.
Sixth - The matter of Taref and Kosher discipline and the resulting slaughter transactions belongs to the specialized Rabbis
only, so the Contractor has no right to make any objection, opposition, or violation against any measure, procedures, or reservations carried out by
the aforementioned Rabbis who alone have the right to assess and implement them and decide what relates to discipline without the intervention of
anyone else inevitably. The head of the community, based on the Council's request, may stop the slaughtering by butchers whose
misconduct and behavior in the slaughterhouse are proven to him, without the intervention of the Contractor who had no right to claim that such prevention has
caused a decrease in slaughter or a decrease in intestine yields; however, if one of the butchers in the slaughterhouse usurps an amount of Kosher or
Taref intestines and 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 claim any compensation
or reduction 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 carry out the slaughtering order in the slaughterhouse as per custom and the form of managing that according to
interest, provided that the Council is not held accountable for anything related to that, but it alone has the right to assess that diligence at work
and the manner of attendance in the form of punishing employees when 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 meet the needs of the Israeli community in Baghdad
for Kosher meat at a rate of four thousand eight hundred kilograms every day of the week and five thousand two hundred kilograms every day
- 3 -
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
- 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.
- 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⟧
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, in the name of the
aforementioned Lay Council (referred to in this agreement as the Council) and the second party, Al-Haj Abdul Razzaq
Al-Mulla Qaddouri, who accepted to be responsible for the results of this agreement (referred to as the Contractor), and in view of what was decided by
the Lay Council on March 15, 942, by granting 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 15, 1942, 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 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 contract 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 per kilogram of Kosher meat and taking in kind the eggs,
kidneys and their fat, and the fetus (Qouzi) that appears inside the mother, and the intestines of Kosher and Taref according to the current practice
from old times.
Third - The right of Ghabila 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 Israelis for meat offered for sale. The slaughter must be restricted
to the Israeli slaughterhouse in the city of Baghdad unless the two parties agree otherwise.
Fourth - The fetus (Qouzi) 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 Taref 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 prior
any objection from him if they appear cut, small, or black.
Fifth - The Contractor has no right to claim any reduction or compensation for an incident or incidents arising from force majeure causes
such as the occurrence of heavenly pests or earthly accidents or the issuance of government orders or other cases related to the scarcity of Kosher meat or the scarcity of products
of intestines or part of the Ghabila parts or the interruption of slaughter within a legal excuse or facing difficulty in selling Taref meat
and the strike of butchers and their monopoly of sheep or other reasons that were not possible to prevent, rather the Contractor must
pay what is due from him in payments throughout the duration of the contract even when facing those circumstances and incidents.
Sixth - The matter of discipline of Taref and Kosher and the resulting slaughter transactions belongs to the specialized Rabbis
only, so the Contractor has no right to make any objection, opposition, or violation against any measure, procedures, or reservations carried out by
the aforementioned Rabbis who alone have the right to estimate and implement them and decide what relates to discipline without the intervention
of anyone else at all. The head of the community, based on the Council's request, may stop the slaughtering by butchers who are found to have
bad dealings and behavior in the slaughterhouse without the intervention of the Contractor, who has no right to claim that such prevention
has caused a decrease in slaughter or a decrease in intestine products; however, if one of the butchers in the slaughterhouse usurps an amount of
Kosher or Taref intestines and 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 claim
any compensation or reduction 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 carry out the slaughter order in the slaughterhouse as usual and the form of managing that according to
the interest, provided that the Council is not asked for anything related to that, but it alone has the right to estimate that diligence at work and the manner
of attendance in a sequential manner for the employees when convinced of the absence of a 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 Israeli community in Baghdad
for Kosher meat at a rate of four thousand eight hundred kilograms every day of the week and five hundred and two hundred kilograms every
Friday, except for Saturdays, in the event of a strike by butchers and their refusal to slaughter sheep for any reason or their monopoly of sheep.