Voices from the Archive

IJA 3712

Correspondence from Baghdadi Jewish Community Including Legal Issues (Marriage, Inheritance, Endowments), Financial Matters, School Administration

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Description

These are archival documents from the Baghdadi Jewish Community. They contain requests for community records and residency confirmations; wire transfers; correspondence regarding the adoption of Jewish laws in the Diaspora; communication from the Ambassador of Iraq in Rabat regarding Moroccan officials requesting information on laws applicable to the Iraqi Jewish community (customary laws pertaining to marriage, inheritance, etc.); legal agreements for engagement and marriage; requests for marriage confirmations, death certificates; employment separations; lawsuit regarding the management of an endowment; repairs to school buildings; correspondence regarding sending sefarim (Jewish religious books) to New York; letters referencing the Law of Acquisitions, 43/1934; discussions about tearing down or rebuilding a wall; invoices and accounting information from the Ezra Menahem Daniel Sports-Ground Committee; school administration; requests for vaccines; property laws; deeds; the administration of scholarships; announcements about community meetings and ceremonies; requests for food provisions for prisoners during the holidays; and requests for clarification of laws in conflict with the interim constitution of 1958. These documents reflect the Baghdadi Jewish community's name change to the Mosaic community.

Metadata

Archive Reference
IJA 3712
Item Number
12284
Date
Approx. January 1, 1951 to December 31, 1960
Languages
Arabic, English
Keywords
Administrative Committee for Iraqi Jews, Al-Ja’ferīah Shar’ia Court, Al-Jumhūrīyyah, Alliance School, Al-Mahdiyyah Primary School for Boys, Al-Rāfadīn Bank, Al-Zamān, Annotation, Architectural Plans, Baghdadi Jewish Community, Baghdad Jail, Baghdad Municipality, Basrah, Bills, British Embassy, Burial, Burial Society, Butcher, Calcutta, Charity, Chief Rabbi, Citizenship Laws, Correspondence, Court of Appeals – Baghdad, Court of Personal Property, Court of the Chief Rabbi – London, Crown Crest, Death Certificates, Deed, Deed Administration – Baghdad, Department of Passport and Nationality, Department of Posts & Telegraphs, Directorate General of Police, Education Administration Headquarters of Secondary Schools, Employment, Endowment, Envelope, Ezra David Synagogue Association, Ezra Menahem Daniel, Ezra Menahem Daniel Sports-Ground Committee, Financial, Form, France, Frank Iny School, French, Hakham Sassoon Khedouri, Handwritten, Heskel Menahem Daniel, Ḥevrah Ḳadishah, Hospital, Illustration, Income Tax, India, Ink Stamp, Invoice, Iran, Jewish Cemetery, Jewish Law, Jewish Lay Council, Jewish Life, Labor, Laura Khedouri School for Girls, Legal, Legal Document, Letterhead, Marriage Certificates, Medicine, Meir Elias Hospital, Menahem S. Daniel's School, Menashy Saleh School, Military, Ministry of Defense, Ministry of Finance, Ministry of Guidance, Ministry of Health, Ministry of Justice, Ministry of Social Affairs, Ministry of Trade, New York, Office for Oversight and Operation of Jewish Property, Office of Citizenship - Abrogation Branch, Office of Education – Baghdad, Office of Income Tax, Office of Telephone Administration, Office of the Haham of the Spanish and Portuguese Jews of Great Britain, Office of the Mint, Ottoman Bank, Personal Letterhead, Postage Stamp, President of the Jewish Community, Property Commission, Railways, Receipt, Rent, Revenue Stamp, Student Health, Telegram, The Royal Hospital, Torah, Travel, Typed, Vaccines, Vendor, Waqf

AI en Translation, Pages 376-400

Page 376

His Excellency Rabbi ⟦S...⟧ President of the ⟦Israelite⟧ Community in Baghdad
I am Farha Baruch, and I am one of those who were looted in the recent period
and I have become financially weak.
My father had purchased a Torah ⟦...⟧ and did not endow the Torah, then he died,
my late father, so I and my mother built and renovated it
as evidenced by ⟦...⟧ the marble pieces that are still in the Torah
And now I am in need of financial assistance. Since the mentioned Torah
has been rented out by your Excellency, I hope you will kindly grant me
the rent; I would not have wished to make this request were it not for the
dire need
This, and please accept the highest respect
The petitioner
Farha Baruch
⟦fingerprint⟧
Presidency of the Mosaic Community
No. ⟦line⟧
Date -- / -- / 19

Page 378

To the respected Notary Public of South Baghdad
I request to be provided with a copy of the general power of attorney numbered (2244) dated
25 / 6 / 52 signed by Farid Samouh in his capacity as Chairman of the Administrative Committee for the Jewish Community
in Baghdad acting in place of the Lay Council of the community in addition to it ⟦And the fee has been received⟧
Chairman of the Administrative Committee for the Jewish Community
in Baghdad
17 / 11 / 52
Please accept the assurances of my highest respect
E. H. Samouh
⟦illegible⟧

Page 379

Presidency of the Mosaic Community
in Baghdad
Telephone Number { 83531 President
5452 Secretary
Number T / /
Date <del>1958/12/24</del>
Subject ⟦line⟧
<del>Announcement</del>
His Eminence Rabbi Sassoon Khedhouri, President of the Community, announces to the honorable members of the community that
the Presidency of the Community will train those of its members who wish in the art of recitation, and at the same time it is
ready to assist the person wishing with financial aid during the period of teaching and training if he so desires.
And His Eminence wishes everyone prosperity and success.

Page 380

Phone MUrray Hill 5- { 6089 6090 6091 6092
Cable Address "HADELI" New York
Carolina Manufacturing Co.
HADDAD & SONS, Inc.
Importers and Exporters
RUGS
Linens, Bed Spreads, Toys - Ladies Accessories & Notions
313 FIFTH AVENUE
NEW YORK CITY
November 12, 1958
Chief Rabbi Hakham Sassoon Khedoori
Bagdad, Iraq
Dear Rabbi:
Your honorable name has been given to me by our mutual
friend Reuben Mizrahi of New York.
He told me if I will write to you, you would send me five (5)
Sefer Torah to me to New York, and I will pay you all
expenses and costs of these Holy Sefer Torah.
Hoping you will grant me this favor as we are building a
new Synagogue.
Thanking you in advance, I remain,
Sincerely,
Eli Haddad
Eli Haddad
EH:mm
The Community
The Respected
⟦for⟧
⟦illegible⟧

Page 381

Republic of Iraq
Ministry of Guidance
Accounting
Baghdad
Number /
Date / 12 / 1958
⟦4734⟧
Presidency of the Mosaic Sect - Taht al-Takiya
- Baghdad -
Presidency of the Mosaic Sect
Special No. .. ⟦...⟧
Date .. - .. - 1958
Subject: - The Iraqi Gazette in Arabic
Your subscription to the Iraqi Gazette newspaper
in Arabic has been registered for a period of one year starting from 1 / 10 / 1958, and that is
pursuant to receipt number 180261/88 dated 8 / 12 / 1958
for the amount of 5/- Dinars.
On behalf of the Minister of Guidance
Gharbi al-Haj Ahmad
A copy to: -
Accounting: - To take the necessary action accordingly.
9/4

Page 382

Presidency of the Jewish Community
In Baghdad
Telephone Number { 3531 President
5452 Secretary
Reference No. T/: 58/88
Subject: ⟦line⟧
Date: 1958/11/18
His Excellency the Military Governor General, Respected
Greetings and respect
Further to our letter numbered T/ 58/88 dated 1958/11/4
We present to your presence the photographs of the persons requested to be granted travel identity cards, please order the issuance
of the cards to them.
And please accept our highest respect
⟦signature⟧
Rabbi Sassoon Khedouri
Acting President of the Community
Enclosed -
Ten photographs, two photographs for each person
⟦illegible bleed-through text from reverse side⟧

Page 383

Presidency of the Jewish Community
in Baghdad
Telephone Number { 3531 President
5452 Secretary
Number: T / 58 /
Subject: ⟦line⟧
Date: 17 / 11 / 1958
His Excellency the Honorable Military Governor General
Greetings and Respect
Further to our letter numbered T / 88 / 58 dated 4 / 11 / 1958
We submit to your Excellency the photographs of the persons requested to be granted movement permits (as per your Excellency's
verbal request). Please order the issuance of permits for them.
Please accept the highest expressions of respect
Rabbi Sassoon Khedouri
Acting President of the Community
Attached :- Photographs <del>⟦illegible⟧</del>
Ten photographs, two photographs for each person

Page 384

Presidency of the Israelite Community
in Baghdad
3531 President } Telephone Number
5452 Secretary }
Number: 88 / T / 58 /
Date: <del>1958/11/17</del>
Subject:
His Excellency the Military Governor General, Respected
Greetings and Respect
Further to our letter numbered T / 88 / 58 and dated 1958/11/4
We submit to your presence the photographs of the persons requested to be granted movement permits (as per your Excellency's
verbal request). Please order the issuance of the permits for them.
Please accept the assurances of our highest respect
Rabbi Sassoon Khadhuri
Acting Head of the Community
Enclosed - Photographs

Page 385

Presidency of the Jewish Community
in Baghdad
3531
Telephone Number 5452
Number T/ 88 / 57
Date 4 / 11 / 1958
Subject:
His Excellency the Military Governor General, respected
Greetings and respect
Those whose names are listed below, from slaughterers to employees, perform at night starting from three in the morning the slaughter
and preparation of Kosher meat for the members of our community, and since the curfew continues until five in the morning.
Therefore, please order to allow them and provide them with curfew passes so they can carry out their work.
To your Excellency, much thanks and respect
Name | Profession | Town | Neighborhood
Naji Yaqoub Bashiri | Slaughterer | Baghdad | Al-Tawrah
Dawood Yousif | " | " | "
Shamil Ezra | " | " | "
Moshe Manshi | " | " | "
Hesqel Bala S. | " | " | "
Rabbi Sassoon Khidhouri
Acting President of the Community
⟦illegible⟧

Page 386

The Honorable Head of the Mosaic Community
After greetings, we hope
We the undersigned, whose names are shown in this petition, request the cutting off of
the weekly aid that you grant to Al-Amal daughter of Khedhouri son of Al-Seeb
by cutting the religion because she has started living with her stepson ⟦in a hidden manner⟧
Therefore, we hope that what is necessary ⟦illegible⟧ will be done cautiously, and yours is the matter with thanks
The signatories in the petition:
Naji Khedhouri Shasha
Shaul Hayim
Yaqub Yusuf
Salim Ishaq
Ishaq Ibrahim
Ibrahim Shaul Hayim
Salim Khedhouri
Khedhouri Shaul
Yusuf Ibrahim
Yusuf Shaul
Ibrahim Shaul Hayim
Ibrahim Rahmeen
Ibrahim Khedhouri Shasha
Khedhouri Shaul Hayim
Preserved
Statement of the lady ⟦illegible⟧ in ⟦illegible⟧
9/30
1/10/62
Presidency of the Mosaic Community
Special number ⟦line⟧
Date ⟦line⟧

Page 387

To the Head of the Jewish ⟦Community⟧, the Honorable Hakham Bashi
Presented to your Excellency
We, the signatories of this petition, residents of Torat Zalkha
Wish to bring to your attention ⟦regarding⟧ a building and that if a beginner is established
That they are the ⟦...⟧ relatives of her husband, it seems ⟦...⟧ and they have started threatening us and throwing stones at people
At us now, we do not differentiate, and we are heads of families, and is it permissible for families to come among
The people and we mix with them after midnight, rather in harassments with her family and her children
And that the gate of the Torat is open after midnight and people enter upon us night
And day, and we ask your Excellency to remove us from the Torat or imprison the aforementioned
Provide us with a place of residence, this and may you remain
The petitioners from the families
Yosef Cohen
Yassin ⟦...⟧
Shlomo ⟦...⟧
Salman ⟦...⟧
Heskel ⟦...⟧
Rahmin ⟦...⟧
Ibrahim ⟦...⟧
Ezra ⟦...⟧
Daoud Shaoul
Saleh ⟦...⟧
Adeeb Khaddouri
Salman Al-Shammash
The Teacher Naji
⟦illegible⟧

Page 388

Presidency of the Mosaic Community
in Baghdad
83531 President } Phone Number
5452 Secretary
Number T /: <del>⟦illegible⟧</del> / 59
Subject:
Date: 6 / 9 / 1959
His Excellency the Director of Education for Baghdad District, Respected
After greetings
We have renovated Al-Nabaha School and the danger has been removed, as we have also built the
necessary required wall, therefore please pay the rent for the mentioned school.
Please accept our highest respects
Rabbi Sassoon Khidhouri
President of the Mosaic Community
⟦Sassoon⟧

Page 389

Memo.
⟦illegible⟧
Mr. ⟦illegible⟧
The committee ⟦illegible⟧ without arrangement
Intelligence ⟦illegible⟧ and moral character and our education
The aforementioned house required
Therefore, please pay the rent allowance
mentioned for it for the period mentioned in
this and also ⟦illegible⟧ for the damages
that occurred
Copy: ⟦illegible⟧
POMMIA
Champagne Cider
Agents for Iraq—S. M. Garibian & Co. Ltd., Baghdad

Page 390

Presidency of the Mosaic Community
in Baghdad
Telephone Number { 83531 President
5452 Secretary
No. T/: ⟦...⟧ / 59
Date: 1/9/1959
Subject:
Honorable Consul General of the Iranian Government
Greetings and respect
Reference to your letter numbered 1922 and dated 6/29/1959, the deceased Salman
Ibrahim Yehuda (and not Ibrahim Yehuda as stated in your letter referred to above) was before
his death supporting his mother Habiba Moshi Eliyahu and his sister Naima Ibrahim Yehuda and they were residing
with him in Baghdad.
Please accept our highest respect
Rabbi Sassoon Khedouri
Acting President of the Community
⟦illegible⟧
⟦initials/mark⟧

Page 391

Number: ⟦illegible⟧
Date: ⟦illegible⟧
Attachment: ⟦illegible⟧
Imperial Consulate General of Iran
Baghdad
Baghdad
Head of the Israelite Community
Head of the Mosaic Community
Private Number ⟦illegible⟧
Date ⟦illegible⟧
Mr. Naeem Yehuda residing in Tehran claims that
the two Iraqi ladies named - HABIBA MOSHIELIAHOU
and NAIMA ABRAHIM ELIAHOU JUDA
were previously residing in Baghdad with their brother named Ibrahim
Yehuda, who was supporting them, and he recently passed away. Therefore,
please be so kind as to inform this Consulate General whether what
the aforementioned person claims regarding what is stated above is correct or not? -
Consul General
Jamshid Jalayer
Head of the Mosaic Community
⟦illegible⟧
The deceased Mr. Ibrahim Yehuda
was supporting his two sisters and the person named Habib and his brother
⟦illegible⟧
Salim Abboudi Basha
⟦illegible⟧
1958 / 8 / 21

Page 392

Presidency of the Mosaic Community
in Baghdad
Telephone Number { 83531 President
5452 Secretary
Number T/: — / —
Date: 1958/12/24
Subject: —
Announcement
His Eminence Rabbi Sassoon Khedouri, President of the Community, announces to the honorable members of the community that
the Presidency of the Community will teach those of its members who wish the art of sheep [management] and slaughter itself, and that it is
prepared to assist those interested by supporting them financially during the period of teaching and training if they so desire,
and His Eminence invites everyone to observe and register.
⟦signature⟧

Page 393

Presidency of the Mosaic Community
in Baghdad
Phone Number } 83531 President
} 5452 Secretary
No. T / — / —
Date 12/24/1958 Subject ⟦line⟧
Statement
His Eminence Rabbi Sassoon Khedouri, President of the community, announces to the honorable members of the community that
the community presidency will teach those of its members who wish to learn the slaughtering of sheep, and at the same time it is
prepared to help those interested with financial assistance during the period of teaching and training if they so desire.
And His Eminence wishes everyone prosperity and success.

Page 394

Presidency of the Jewish Community
in Baghdad
Telephone Number: 3531 / 5452
Reference: T / 26 / 58
Date: 28 / 4 / 1958
Subject: ⟦line⟧
His Excellency the Honorable Minister of Justice
After greetings,
His Excellency the Minister of Justice issued instructions entitled the Administrative Council for Iraqi Jews, which were published in the
Iraqi Gazette Issue 4104 dated February 5, 1958, for implementation as stated in Article Seventeen of the
instructions. Since these instructions are contrary to the Jewish Community Law No. (77) of 1931 and the Jewish
Community Regulations No. 36 of 1931, I submitted this petition to your Excellency, requesting you to kindly audit the grounds
for the violation of the law by these instructions and to order their cancellation ⟦line⟧.
1 - The instructions under discussion above introduced new provisions that do not exist in the Jewish Community Law or
its regulations, whereas instructions are usually issued for the purpose of facilitating the application of the law within the limits of its provisions.
2 - Article One of the Jewish Community Law stipulated the composition of the Jewish community in Iraq, provided
that each group is appointed according to the regulations, while the Ministry's instructions have rendered the ruling of this article void, and likewise
these instructions have abolished all the provisions of the Jewish Community Regulations No. 36 of 1931 by containing
rules and foundations completely contrary to Article Two of the aforementioned regulations and the subsequent articles clarifying how to conduct
the election of community councils ⟦line⟧.
3 - The aforementioned instructions have introduced a new title for the community councils, which is (The Administrative Council for Iraqi
Jews), which is a new formation that does not originally exist in the Community Law and its regulations, and it is a creation that is not based on a
constitutional or legal source, and a change and alteration of valid legal provisions.
4 - A law may only be replaced or amended by a law, as stipulated in Article 114 of the Iraqi Basic Law,
whereas the instructions mentioned above have introduced new provisions that nullify the law which is still in
effect.
5 - Article 72 of the Iraqi Basic Law stipulated the formation of spiritual communal councils, including
the Mosaic communal councils, and stipulated their establishment by a special law, and the special law was indeed issued. Therefore, issuing
instructions contrary to the special law implies the implicit abolition of these councils provided for in the Basic Law <del>⟦illegible⟧</del>
and the creation of the Administrative Council for Iraqi Jews is outside the scope of the law under which only
ministerial instructions are issued for the purpose of applying its provisions. Likewise, Article 112 of the Iraqi Basic Law clearly
states how the community's funds are managed, and this shall be in accordance with a law, and this is one of the rights of the community, and the
Community Law and the regulations issued under it have specified how these funds are managed, while the instructions introduced new
formations (the formation of an administrative committee with a statement of how to elect this committee) that do not agree with the provisions of the Community Law nor
its regulations issued under the law, and are not based on any other legal source.
To be continued ⟦line⟧

Page 395

Presidency of the Jewish Community
in Baghdad
Telephone Number: 3531 / 5452
Number:
Date:
Subject:
⟦line⟧ 2 ⟦line⟧
In view of the aforementioned constitutional and legal reasons, I request your Excellency to kindly cancel the instructions of His Excellency the Minister
of Justice mentioned above and to order the implementation of the Jewish Community Law No. 77 of 1931 and the Jewish Community Regulation
No. 36 of 1931, which are currently in force. We have firm hope and confidence in the justice of our rational Iraqi government, which is keen
on implementing the laws and protecting the rights of its subjects of various religions under the shadow of our Master, His Majesty the Great King.
Furthermore, I request your Excellency to suspend the procedures taken to implement the instructions until you decide on their legality.
Please accept the highest expressions of respect.
Rabbi Sasson Khadhuri
Acting Head of the Community
A copy to:
His Excellency the Prime Minister, for favor and to look into the request.
Presidency of the Administrative Committee — for information.

Page 396

To =
Ministry of Justice
His Excellency the Deputy Prime Minister has reviewed the petition submitted to the Minister of Justice by Rabbi Sassoon, head of the community
acting, regarding the instructions issued by your Ministry titled (The Administrative Council for Iraqi Jews) which were published
in the Iraqi Gazette No. 4104 dated 2/25/58 and their violation of the provisions of the Jewish Community Law No. 77
of the year 1931 and Regulation No. 36 of the year 1931. He has instructed that I request you to look into what was stated in this request and to exert
care to respect the laws and what can be implemented within their scope.
Munir Al-Qadi
Head of the Diwan

Page 397

Presidency of the Jewish Community
in Baghdad
Telephone Number 3531
5452
Number:
Date:
Baghdad on 30 / 4 / 1958
Subject:
His Excellency the Honorable Minister of Justice
Greetings and respect,
We, the undersigned, sons of the Iraqi Mosaic Community, support the petition of His Eminence the Acting Head of the Community, Rabbi Sassoon
Khedhouri, numbered T/26/58 and dated 28 / 4 / 1958, submitted to your Excellency. We request that you kindly maintain
the formations of the community and the administration of its endowments and its religious and charitable affairs according to the provisions of the Basic Law and as established by Community Law No.
(77) of 1931 and the regulation issued pursuant to it, and to suspend the implementation of the instructions published in the Iraqi Gazette issue 4104 dated
5 February 1958.
There is no doubt in our minds that the Iraqi government, which is keen on implementing the laws and protecting the rights of its subjects of various religions
and sects, will look upon this request with an eye of kindness and fairness, following the plan drawn by the builder of Iraq's glory, the late
His Majesty King Faisal I, praying to God Almighty to protect with His eternal care our Master, His Majesty the Great King
and His Highness his faithful Crown Prince, and to grant victory to his rational government.
Please accept our highest respect.
A copy to:-
His Excellency the Honorable Prime Minister - for kind consideration
Presidency of the Jewish Community - for information
Presidency of the Administrative Committee - for information

Page 398

Presidency of the Jewish Community
in Baghdad
Telephone Number 3531
5452
Number:
Date:
Subject:
Names of individuals who signed the petition of support
1 - | Mr. Dawood Samra | Lawyer (Former Vice President of the Court of Cassation)
2 - | Mr. Ibrahim Elkabir | Manager of Hkak Company and former Director General
3 - | Mr. Salman Daniel Eliyahu | Merchant
4 - | Farid Dawood Samra | Merchant (Former Deputy)
5 - | Eliyahu Ezra Khalaschi | Landowner
6 - | Ezra D. Nekour | Landowner
7 - | Eliyahu Hakham Ezra D. Nekour | Merchant
8 - | Yaqub Eliyahu Haron Shalom | Merchant
9 - | Moshe Shohet | Manager of Suhail Company
10 - | Azouri Shammash | Merchant
11 - | Haron Moallem | Landowner
12 - | Anwar Ibrahim Sabha | Merchant
13 - | Anwar Shaul | Lawyer
14 - | Sassoon Bashi | Retired Employee (Former Assistant Bank Manager)
15 - | Hayyim Tawfiq | Merchant
16 - | Ezzat Moallem | Landowner
17 - | Yaqub Ezra Abdullah | Employee
18 - | Sassoon Abed | Manager of Lawi Company and Merchant
19 - | Maurice Gitayat | Manager of Lawi Company and Merchant
20 - | Naim Masri | Merchant and Landowner (Former Deputy)
21 - | Elias Shohet | Merchant
22 - | Munir Shaul Basri | Manager of Lawi Company
23 - | Joseph Ruben Masri | Merchant
24 - | Gurji Ishaq | Merchant
25 - | Dawood Twig | Employee
26 - | Saleh Shaul Masri | Merchant
27 - | Yaqub Habousha | Merchant
28 - | Abdullah Moshe D. Nekour | Manager of the Iraqi Trading Company Limited
To be continued ⟦line⟧

Page 399

Presidency of the Jewish Community
in Baghdad
Telephone Number 3531
5452
Number:
Date:
Subject:
- 2 -
29 - Mr. Frank Yamin | Retired General Manager
30 - " Yusuf Dali | Accounts Manager of Lawi Company
31 - " Sion Gigi | Lawyer
32 - " Abdullah Battat | Assistant General Manager of the Ottoman Bank
33 - " Na'im Murad | Merchant
34 - " Haskil Shohet | Merchant
35 - " Yusuf Aboudi | Merchant
36 - " Salim Tawfiq | Merchant
37 - " Menashi Shahshua | Merchant
38 - " Eliyahu Mounir | Merchant and Landowner
39 - " Shaul Naftali | Merchant
40 - " Haskil Soda'i | Merchant
41 - " Reuben Zellouf | Merchant
42 - " Shlomo Abdul Aziz | Merchant
43 - " Eliyahu Masri | Merchant
44 - " Nassim Ezra Khalaschi | Landowner
45 - " Ibrahim Shohet | Merchant
46 - " Haskil Abid | Merchant
47 - " Dr. Albert Rabi' | Doctor
48 - " Dr. Gurji Rabi' | Doctor
49 - " Dr. Jack Aboudi | Doctor
50 - " Haskil Setti | Merchant

Page 400

Presidency of the Jewish Community
in Baghdad
Number: 58/26/T
Date: 1958/4/28
Telephone Number: 3531 / 5452
Subject:
His Excellency the Respectable Minister of Justice ⟦line⟧ the Respectable
After greetings
His Excellency the Minister of Justice issued instructions titled Administrative Council for Iraqi Jews and published in the newspaper
Al-Waqai' Al-Iraqiya Issue 4104 and dated April 5, 1958, for the purpose of implementing what was stated in the seventeenth article of
the instructions. And since these instructions are contrary to the Jewish Community Law No. (77) of 1931 and the Jewish
Community Regulation No. 36 of 1931, I submitted this petition to Your Excellency, hoping for the kindness of examining the reasons necessitating
the conflict of the instructions with the law and ordering the following ⟦line⟧ :
1 - The instructions mentioned above have introduced new provisions not found in the Jewish Community Law nor
in its regulations, while instructions are usually issued for the purpose of facilitating the application of the law within the limits of its provisions.
2 - Article one of the Jewish Community Law stipulated the formation of the Jewish community in Iraq on
the basis that every group proceeds according to the regulation, while the ministry's instructions have rendered the ruling of this article cancelled, as well as
that these instructions have abolished all the provisions of the Jewish Community Regulation No. 36 of 1931 by containing
rules and foundations completely contrary to the second article of the mentioned regulation and the articles that follow it explaining how to conduct
the election of community councils ⟦line⟧ .
3 - The instructions mentioned above have introduced a new title for the community councils, which is (The Administrative Council for Iraqi
Jews), which is a new formation that does not exist at all in the community's law and its regulation, and it is a creation that is not based on a source
constitutional and legal, and a change and replacement of valid legal provisions.
4 - The law may not be amended or replaced except by law, as Article 114 of the Iraqi Basic Law has stipulated
that, while the instructions mentioned above have introduced new and nullifying provisions for the law that is still in
effect ⟦line⟧ .
5 - Article 76 of the Iraqi Basic Law stipulated the formation of the spiritual councils for the community, including
the councils for the Mosaic community, and stipulated their establishment by a special law, and the special law was indeed issued. So issuing
instructions contrary to the special law implicitly includes the abolition of these councils provided for in the Basic Law and the creation
and the creation of the Administrative Council for Iraqi Jews is a departure from the scope of the law under which only
ministerial instructions are issued for the purpose of applying its provisions. Also, Article 112 of the Iraqi Basic Law explicitly
stipulates how to manage the community's funds, which shall be according to a law, and this is one of the community's rights, and it was stipulated
by the community law and the regulation issued under it on how to manage these funds, while the instructions introduced new formations
(forming an administrative committee with a statement of how to elect this committee) that do not agree with the provisions of the community law nor
its regulation issued under the law and are not based on another legal source ⟦line⟧ .