AI en Translation, Pages 576-600
Page 577
Baghdad Court of First Instance: Personal Matters
Outgoing Number: ⟦244⟧
Case File Number: 101 / Personal / 1957
Date: 25 / 6 / 1957
To the Presidency of the Jewish Community in Baghdad
Lawsuit number 101 / Personal / 57 has been filed in this court by the plaintiff Nazima daughter of
Elia, requesting a divorce from her husband Shaul Yaqub Rahim.
And whereas the defendant husband has been stripped of his Iraqi citizenship
and currently lawsuits ⟦illegible⟧ reside with your community ⟦illegible⟧ requiring a meeting
between the two parties, and due to the impossibility of notifying the defendant, this court has decided
to appoint a temporary guardian for the defendant.
And based on the second paragraph of Article (58) of the Law of
Settlement of Estates and Administration of Minors' Property, the court has decided to refer
this matter to your community to nominate whom you deem fit as a temporary guardian
for the defendant. Please respond before the hearing date falling on 4 / 7 / 1957.
The Judge
Sadiq Haidar
Presidency of the Jewish Community
Number 2947
Date 25 / 6 / 1957
Copy to
Directorate of Travel and Nationality
Please inform us whether the defendant Shaul Yaqub
Rahim has traveled outside Iraq after his sentence
ended, provided that the answer reaches us before the hearing day
falling on 4 / 7 / 1957.
Page 578
Presidency of the Jewish Community
in Baghdad
Telephone Number 3531
5452
Number T / 2897 / 57
Date 5 / 7 / 1957
Subject: Appointment of a Guardian
His Excellency the Honorable Judge of Personal Status
Baghdad
With reference to your letter numbered outgoing 7430 and file number 300 / Personal / 1957
dated 25 / 6 / 1957.
Since divorce has specific rulings, and the appointment of a temporary guardian to represent an absent person in cases of
divorce is not permissible according to Mosaic Law, we unfortunately cannot legally intervene in
the matter of nomination.
With highest respect to Your Excellency.
Rabbi Sassoon Khedouri
Acting President of the Jewish Community in Baghdad
Page 579
Baghdad Court of First Instance:
Outgoing Number: ⟦illegible⟧
Date: 7 / 7 / 1957
Case File Number: 10 / Personal / 1957
To the Presidency of the Jewish Community in Baghdad
Your letter numbered T / 3893 / 57 and dated 5 / 7 / 1957
It was stated in your above-mentioned letter that the appointment of a temporary guardian to represent the absent person in divorce cases is not permissible according to Mosaic Law.
Therefore, you cannot intervene in the matter of nomination.
You must agree with us that the court is obliged to consider the lawsuit of the plaintiff wife who is requesting a divorce and to link it
to the judgment... and you agree with us that the person whose Iraqi citizenship has been revoked and who has been deported by the Iraqi authorities
outside of Iraq is prohibited from entering Iraq for the purpose of litigation. Thus, the legal status of the matter necessitates not notifying him
via local newspapers because it is assumed that the court knows he is unable to attend, so how can it be correct to summon him to attend via local newspapers
at a time when attendance is impossible for him and he has an excuse for that, and therefore he cannot be notified.
Since divorce lawsuits for Jews require bringing the two parties together, the court has become obliged to order the appointment of a temporary
guardian to represent the defendant husband in the divorce lawsuit filed against him, and the court is also obliged by the provision of Paragraph 2 of Article 58 of
the Law for the Administration of Minors' Property to take the opinion of the Head of the Community in nominating the guardian proposed for appointment because he is given the right to express an opinion on it,
and this is what prompted the court to consult your presidency on this subject.
Furthermore, we request this court be informed of the method that must be followed in this case in a way that does not violate the religious provisions in
Mosaic Law if it is not permissible to appoint a temporary guardian to act on his behalf. Is it permissible to conduct the investigation with the wife only without bringing
the two parties together and issuing a religious certificate of her divorce or rejecting her request according to what the court deems appropriate as a result of the investigation?
Finally, if we assume that the Jewish communal court had not been abolished and a lawsuit similar to the facts of this case was presented to it, what is the behavior
it would follow regarding it? We request that you inform us of that in a detailed manner.
The Judge
Sadiq Haidar
A copy of it to / -
Presidency of the Baghdad Regional Court of Appeal - The plaintiff Nazima daughter of Ilya filed a lawsuit against the person named Sassoon Yaqub Murad, claiming
that the aforementioned is her husband and had been sentenced to prison and his Iraqi citizenship was revoked
and he was deported outside of Iraq, and since she is still Iraqi, the reason
for which the marriage was established has been prevented and become impossible, therefore she requests
the issuance of a divorce judgment. Since divorce lawsuits for Jews require
bringing the two parties together, and it has been confirmed to the court as a result of the inquiry from the Directorate of Travel and Nationality Police
that the aforementioned defendant had been sentenced to eleven and a half years of hard labor,
then his Iraqi citizenship was revoked and he was deported from Iraq.
Therefore, the court has found that the defendant has become in a state where it is impossible for him
to attend Iraq for litigation and defense in this lawsuit, and consequently there is no benefit
in notifying him via local newspapers and summoning him to attend due to the legal impossibility of his attendance.
Therefore, the court saw fit to appoint a guardian over him to represent him in this lawsuit, and since
Paragraph (2) of Article 58 of the Law for the Administration of Minors' Property gives the right
to express an opinion on the appointment of the guardian to the presidency of the specific community in the matter, therefore the court
requested the Presidency of the Jewish Community to nominate a person to be appointed as a guardian for the defendant
to defend him in this lawsuit.
We request the confirmation of the court in its procedure and the notification of the Presidency of the Community
to nominate the guardian for the purpose of settling the lawsuit.
2948
25 / 7 / 57
Page 581
Presidency of the Jewish Community
in Baghdad
Telephone Number { 3531
5452
Number T / 895 / 57
Date 14 / 7 / 1957
Subject:
His Excellency the Judge of Personal Status in Baghdad, the Respected
After greetings,
With reference to your letter numbered 7966 and file number 101 / Sh / 57 dated 7 / 7 / 1957,
Divorce between spouses does not take place according to Mosaic Law unless the husband delivers the bill of divorce with his own hand into his wife's hand, or
the bill of divorce is delivered by his agent into the hand of the wife.
Be it known that a wife whose divorce is not completed according to Mosaic Law is not legally permitted to marry another.
Please accept the assurances of our highest respect.
Sassoon
Rabbi Sassoon Khedouri
Acting President of the Community
A copy to:-
Presidency of the Baghdad District Court of Appeal for your kind information and review.
Page 582
Presidency of the Jewish Community
in Baghdad
Number T / 788 / 577
Date 24 / 6 / 1957
Telephone Number { 3531 President
5452 Secretary
Subject ⟦illegible⟧
127
His Excellency the Judge of Personal Status in Baghdad, Respected
After greetings,
Please provide us with two certified copies of the Endowment Deed under number 115 / 948 Sh
and dated 14 / 7 / 1949 issued by your esteemed court.
Please accept our highest respect.
Rabbi Sassoon Khadhuri
Acting President of the Community
Page 584
Baghdad Court of First Instance - Personal Matters
Case Number ⟦line⟧
Outgoing Number
Date 29 / 7 / 951
To the Presidency of the Jewish Community in Baghdad
A statement issued by the Mukhtar of the Al-Tamarin neighborhood was submitted to this court regarding
the nomination of Salim Munshi Shina as a guardian over his minor son Ibrahim Sabah.
And since the person in question is a member of your community, and based on the text of
the second paragraph of Article 58 of the Law for the Administration of Minors' Property,
please inform us of your opinion regarding the appointment of the aforementioned as a guardian over his son and inform us.
The Judge
⟦Sadiq Haidar⟧
The Judge
⟦Sadiq Haidar⟧
Baghdad Court of First Instance
Presidency of the Jewish Community
Number 4949
Date 31 / 7 / 951
Page 585
Presidency of the Jewish Community
in Baghdad
Number T / 57 / ⟦...⟧
Date 31 / 1 / 1957
Telephone Number { 3531 President
5452 Secretary
Subject
His Excellency the Judge of Personal Matters in Baghdad, Respected
After greetings
With reference to your letter numbered 1196 and dated 29 / 1 / 1957 and based on
the second paragraph of Article 58 of the Law for the Administration of Minors' Property, this Presidency confirms
the nomination of Mr. Salim Munshi Sheina to be appointed as a guardian over his minor son Ibrahim Sabah, due to
Mr. Salim Munshi Sheina's qualifications, fitness, and capability to manage the affairs of the minor
referred to above.
Please accept our highest respect
Rabbi Sassoon Khedhouri
Acting Head of the Community
149
Page 587
Liquidation of the Laura Kadoorie Association
His Excellency, the Chief Judge of the First Court of First Instance in Baghdad
With reference to the correspondence ending with our letter No. T/56/3774 dated 6/12/956
We request that you kindly inform us of the measures taken regarding our aforementioned letter concerning
the request to release the seizure of the rent for the house serial number 508 Torah, which is one of the endowments of this
community.
With highest respect to your Excellency.
Acting President of the Jewish Community
Rabbi Sassoon Kadoorie
Page 588
Presidency of the Jewish Community
in Baghdad
Telephone Number { 3531 President
5452 Secretary
Number T/: 57/⟦...⟧
Subject:
Date: 23 / 8 / 1957
His Excellency the Judge of Personal Matters, Respected
After greetings,
With reference to your letter numbered 9259 and dated 20 / 8 / 57 under file number 21 / Estate /
1957, we send herewith, by order of the Baghdad Court of First Instance, a check for the amount of -/860 Dinars drawn on
the Ottoman Bank under number 228443 and dated 22 / 8 / 57, which is the balance of the amount deposited with
this Presidency for the deceased Salim Ezra Houri. Please inform us of receipt.
Please accept our highest respect.
Rabbi Sassoon Khedhouri
Acting President of the Community
⟦illegible⟧
Page 589
Presidency of the Jewish Community
in Baghdad
Telephone Number { 3531 President
5452 Secretary
Number: ⟦T⟧ / 57
Subject: ⟦line⟧
Date: 20 / 8 / 1957
His Excellency the Honorable Judge of Personal Status
After greetings,
Please provide us with a copy of the endowment deed issued by the Baghdad Court of First Instance under
file number 185 / 932 and notification number 45 dated 21 / 3 / 1933.
Please accept our highest respect.
Rabbi Sassoon Khadhuri
Acting President of the Community
Page 590
Baghdad Court of First Instance:
Outgoing Number: ⟦9687⟧
Date: 28 / 8 / 1957
File Number - 2 / Estate / 1957
Presidency of the Jewish Community
Incoming
Number ⟦...⟧
Date ⟦...⟧
To the Presidency of the Jewish Community
Your letter numbered 5/7/907 and dated 22 / 8 / 1957
Enclosed is the receipt numbered 2110 and dated 27 / 8 / 1957 for the amount of
-/860 Dinars for the consideration belonging to the affairs of Salim Ezra Rouhi.
Sadiq ⟦...⟧
⟦illegible stamp⟧
Accountant
⟦illegible⟧
2 / 9
Page 593
Presidency of the Jewish Community
in Baghdad
Telephone Number { 3531 President
5452 Secretary
Number T / 57 / ⟦...⟧
Date 21 / 1 / 1957
Subject
The Honorable Judge of the Ja'fari Sharia Court in Baghdad
Plaintiff - Sa'dun Hassan
Defendant - Sabiha bint Salman
Case Number - 1605 / 1950
Sabiha bint Salman submitted the notification issued by your esteemed court in the case
mentioned above dated 13 / 8 / 1950 and number 919 which rules for her divorce from her husband
Sa'dun Hassan, and stated that her aforementioned husband married her in her capacity as (Jewish). We request that
you kindly inform us whether the aforementioned Sa'dun Hassan married the aforementioned woman in her capacity
as Mosaic and that she did not receive at the time of the contract.
With highest respect to your Excellency
Rabbi Sassoon Khedouri
Acting President of the Community
⟦illegible⟧
Page 595
The Ja'fari Sharia Court in Baghdad
Number
Date 1/22/⟦illegible⟧
To the Presidency of the Israelite Community
In Baghdad
Reference to your letter numbered T/2811/57 dated 5/21/57
Upon reviewing the divorce decree numbered 919 and dated 27/⟦illegible⟧
The religion of the divorcee was not mentioned therein. Please be so kind as to inform us of the date
of her marriage to her divorcer ⟦illegible⟧ (even if approximately) to enable
the court to respond to your request, as the religion of the two parties is recorded at the time
of marriage and is not recorded at the time of divorce.
The Judge
Abdul Wahid al-Saadi
Presidency of the Mosaic Community
⟦illegible⟧
21 / 5 / 57
27 / ⟦illegible⟧
Page 596
The Ja'fari Sharia Court
In Baghdad
Number / 200
Date 2/27/1957
To - The Presidency of the Jewish Community in Baghdad
Your letter numbered T / 3815 / 57 dated ⟦line⟧ 1/28/1957.
Despite the search, we did not find a marriage certificate in the name of the husband Saadoun Hassan and the wife Sabiha Salman
in the summer months of the years 1948 and 1949. Please provide the certificate number or the marriage date
accurately so that we may respond to the request.
⟦illegible⟧
The Judge
Abdul Wahed al-Ansari
⟦illegible⟧
Page 597
3531 President
5452 Secretary
Telephone Number
Presidency of the Jewish Community
in Baghdad
Number: T / 57 / ⟦...⟧
Subject:
Date: 28 / 1 / 1957
12
The Honorable Judge of the Ja'fari Sharia Court in Baghdad
Greetings,
With reference to your letter numbered 141 and dated 22 / 1 / 1957
According to what the father of Mrs. Sabiha Salman stated, her marriage to Mr. Sadoun Hassan was in
your esteemed court in the summer of 1948 or in the summer of 1949.
Please accept our highest respect
Rabbi Sassoon Khadhuri
Acting President of the Community
Page 598
Presidency of the Jewish Community
in Baghdad
Telephone Number { 3531 President
5452 Secretary
Number: T/ ⟦...⟧ / 57
Subject:
Date: 8 / 2 / 1957
His Eminence the Judge of the Ja'fari Sharia Court in Baghdad, respected
After greetings
We confirm our letter numbered T/ 3815 / 57 and dated 28 / 1 / 957
Please respond to it as quickly as possible.
Please accept the highest respect
Rabbi Sassoon Khadhuri
Acting President of the Community
Presidency of the Mosaic Community
⟦illegible⟧
⟦illegible⟧