AI en Translation, Pages 601-625
Page 607
Certificate of non-engagement and non-marriage for the person named Munshi
Shaul Yusuf
To the Honorable Judge of Personal Status in Baghdad
Greetings and respect,
Reference to your letter numbered 1886 and dated 2/16/1957.
We did not find in the engagement and marriage records a name for the person named Munshi Shaul Yusuf, however,
the person named Sabiha Sayyoun appeared before us with the aforementioned Munshi and claimed in his presence that the
aforementioned person had engaged her by a contract that took place externally without the presence of the official in charge of engagement and marriage contracts.
She brought two witnesses, and the aforementioned Munshi denied her claim, so it became necessary to verify the existence
of the engagement contract and whether it was complete, doubtful, or void. Among the procedures required
is the appearance of the two witnesses before us for investigation with them, but they did not agree to attend. Therefore, we cannot
give a definitive answer to your above-mentioned letter before enabling us to conduct the investigation
according to the Mosaic Law regarding the subject of the alleged engagement contract.
Please accept our highest respect.
Acting President of the Israelite Community
in Baghdad
Rabbi Sassoon Khadhuri
Page 608
The Ja'fari Sharia Court in Baghdad
Number ⟦378⟧
Date ⟦2182 / 571⟧
To - The Presidency of the Jewish Community in Baghdad
Your letter numbered T / 2815 / 57 and dated 28 / 1 / 1957
Upon reviewing the marriage authorization statement for the husband Sa'dun
Hassan Ali al-Basri and the wife Sabiha Salman Abdullah, it was
found that it was mentioned in the (Sect field) that the wife Sabiha Salman
is a Ja'fari Muslim, as is the husband Sa'dun Hassan
Ali
The Judge
Abdul Wahid al-Ansari
⟦stamp: The Ja'fari Sharia Court Baghdad⟧
Presidency of the Mosaic Community
Outgoing Number ⟦...⟧
Date ⟦...⟧
Page 609
Presidency of the Jewish Community
in Baghdad
Telephone Number { 3531 President
5452 Secretary
Number: T/ 581
Subject:
Date: 16 / 6 / 1958
His Excellency the Judge of Personal Matters in Baghdad, the Respected
After greetings,
Reference to your letter numbered 5936 and dated 11 / 6 / 1958
1 - We have previously answered your esteemed court in our letter numbered T/ 3831 / 57 and dated
26 / 2 / 1957 that this Presidency has not yet confirmed the engagement contract.
2 - Among the Mosaic people there is a group called the Aaronites (Kohanim).
3 - It is not permissible for a Kohen (Aaronite) to become engaged to a divorcee nor a woman married to a non-Mosaic, and if
the engagement is proven, it is mandatory for the Kohen (Aaronite) to divorce his fiancée and it is not permissible
for him to marry her.
Please accept our highest respect
Rabbi Sassoon Khedouri
Acting President of the Community
Page 610
Baghdad Court of First Instance
Case Number: ⟦line⟧
Outgoing Number: ⟦line⟧
Date: 11 / 6 / 1958
To the Head of the Jewish Community in Baghdad
Based on the lawsuit numbered 33 / Personal / 57 filed in this court by
Sabiha Sion against the defendant Munshi Shaul regarding the completion of a marriage contract, and therefore
based on the request of the plaintiff's attorney, it was decided to seek clarification from you on the following points:
1 - Do you confirm the existence of a sect among the Jews called the Harutiyya?
2 - If so, do the religious laws of the Jews dictate that
the engagement of a Haruti and his marriage to a previously married woman, i.e., a divorcee, is considered void,
knowing that the wife in this case was married to a Muslim person and is now divorced
from him? We hope to receive your response before the trial date scheduled for 5 / 7 / 58.
The Judge
Sadiq Haidar
⟦illegible circular stamp⟧
Presidency of the Mosaic Community
Private Number ⟦...⟧
Date ⟦...⟧
Page 611
To His Excellency, the President of the Honorable Mosaic Sharia Court
Based on your decision No. 1206 dated November 21, 1948, ruling ⟦illegible⟧
In the amount of one hundred and fifty Dinars ⟦illegible⟧
⟦illegible⟧ the aforementioned decision ⟦illegible⟧
⟦illegible⟧ for the purpose of paying her debts ⟦illegible⟧
⟦illegible⟧ that these debts have been settled ⟦illegible⟧
⟦illegible⟧ we kindly ask you to take the necessary action ⟦illegible⟧
⟦illegible⟧ on 12/25/1948 ⟦illegible⟧
The matter is yours to decide
⟦illegible signature⟧
⟦illegible stamp⟧
⟦illegible stamp⟧
Page 612
Only
It is not permissible for ⟦the aforementioned⟧ to ⟦marry⟧ his divorcee
or to ⟦marry⟧ <del>⟦illegible⟧</del> without ⟦the proper order⟧
As for ⟦Hushi⟧, and if the legal ruling is established
against the person with an irrevocable divorce, it is not permissible
for him to marry her
Page 613
Presidency of the Mosaic Community
in Baghdad
Telephone Number
83531 President / 5452 Secretary
Number T /
59 / ⟦illegible⟧
Date
28 / 8 / 1959
Subject
⟦line⟧
His Excellency the Judge of the Baghdad Court of First Instance, Respected
After greetings
Please provide us with three certified copies of the deed of guardianship issued by your
respected court on 29 / 5 / 924 under file number 175.
This is for your Excellency's order ⟦line⟧
Rabbi Sassoon Khadhuri
Acting President of the Community
Page 615
Presidency of the Mosaic Community
in Baghdad
83531 President } Telephone Number
5452 Secretary }
Number T /: ⟦808⟧ / 59
Date: 12 / 2 / 1959
Subject:
Honorable Judge of Personal Status Matters in Baghdad
After greetings
Reference to your letter number file 70 / Sh / ⟦58⟧ and date 25 / 1 / 1959
A husband has no legal right to request a divorce from his wife without her consent if there is no legal reason justifying
the divorce, even if the husband pays (the Ketubah to his wife).
Please accept our highest respect
Adel
Rabbi Sassoon Khadhuri
Acting Head of the Community
Page 616
Presidency of the Committee
Administrative for the Israelite Community
Baghdad on ⟦line⟧
To the Honorable Judge of Personal Status in Baghdad
After greetings,
Reference to your letter number ⟦508⟧ and date
25 / 1 / 959
Regarding the filing of a request for a wife's divorce
It is not permissible for a husband to request the divorce of his wife
Except with her consent
And it is not permissible by law for the husband to request the divorce of his wife
Without her consent if there is no legal reason justifying the divorce
Note that there is no ⟦...⟧ except for a legal reason
Even if the husband pays the amount of (the marriage contract to his wife)
Please accept our highest respect
The Rabbi
Page 617
Baghdad Court of First Instance
Case Number: ⟦illegible⟧ / 1958
Export Number:
Date:
To: The Presidency of the Jewish Community in Baghdad
The plaintiff, Abdul Latif ⟦illegible⟧, filed the lawsuit against the wife Sabriya Al-Razzaq ⟦illegible⟧
from Al-Radheem, requesting a judgment of divorce from him due to the lack of harmony between them.
He expressed his lack of desire for divorce, and in support of this, we informed you pursuant to our letter
numbered 58/707 and dated 6/15/1958. On the appointed day, the attorney for
the defendant appeared and stated that his client does not accept the occurrence of divorce, and that the court has
the readiness to pay (the Ketubah) to his wife in exchange for the occurrence of divorce. We request
to inform us whether the Jewish Court permits the occurrence of divorce if the husband pays
the Ketubah to his wife or not, if the wife is not consenting to the divorce, and to provide us
with the answer before 7/12/1958, the date for the hearing.
Signature
⟦illegible⟧
Judge
⟦illegible⟧
Page 618
Baghdad Court of First Instance
Outgoing Number: 6072
Date: 15 / 6 / 1958
File Number: - / / 195
70 / Personal / 58
To the Presidency of the Jewish Community in Baghdad
Further to our letter numbered 5806 and dated 8 / 6 / 958
Issued in the lawsuit numbered 70 / Personal / 1958.
The lawyer Kadhim Abdul-Jabbar, the representative of the defendant (the wife), has submitted to us a request dated
15 / 6 / 58, which includes the defendant's withdrawal of her consent to the consensual divorce. Since
this court has decided to consider the request in a hearing and agreed to that, please delay the execution of the ceremonies
related to the divorce pending the court's decision and until further notice.
The Judge
Sadiq Haidar
⟦circular stamp: Baghdad Court of First Instance⟧
Presidency of the Mosaic Community
Special Number ⟦...⟧
Date ⟦...⟧
Page 619
Baghdad Court of First Instance:
Outgoing Number: ⟦illegible⟧
Date: 8 / 6 / 958
Case File Number: 70 / Personal / 58
To the Presidency of the Jewish Community in Baghdad
Lawsuit number 70 / Personal / 58 has been filed in this court by the plaintiff Abd al-Latif Daoud
al-Arbili against the defendant, his wife Naeema Meir Ibrahim Mordechai, in which he requests the divorce of his wife, the defendant,
based on the inability to live together due to their incompatibility.
As a result of the face-to-face hearing, it became clear that the two parties are members of the Mosaic community in Baghdad.
The two parties have indicated that an agreement has been reached between them to effect a consensual divorce, whereby
the defendant waives her deferred right, which is called (Ketubah).
If it is permissible under the provisions of the Mosaic Law to conduct a consensual divorce between the two parties,
please perform the divorce formula according to the religious rituals as mentioned above. Therefore, we are sending you
the two parties to take the necessary action and inform us. Please respond before the hearing day, which falls on 18 / 6 / 1958.
The Judge
Sadiq Haidar
Presidency of the Mosaic Community
Outgoing Number ⟦illegible⟧
Date ⟦illegible⟧
⟦Directorate of Local Administration Properties ⟦illegible⟧⟧
Page 620
Presidency of the Mosaic Community in Baghdad:
Telephone Number: 83531 President / 5452 Secretary
Number T /: <del>⟦illegible⟧</del> / 59
Date: 25 / 2 / 1959
Subject:
Honorable Judge of Personal Status Matters
Greetings,
With reference to your letter numbered 1891 and dated 14 / 2 / 959 regarding notification number 23 / 56
Sion Heskel had passed away in Baghdad on 23 / 7 / 954, and we have informed the third person
Shaul Hayyim of the necessity to visit your court, noting that his place of residence is Zulaikha Synagogue, Al-Tawrat neighborhood.
Furthermore, this Presidency does not have special records for heirs, therefore it is not possible for it to determine the heirs of the deceased
referred to above.
Please accept our highest respect.
Rabbi Sassoon Khadhuri
Acting President of the Community
Alwan
A copy to:-
Baghdad Governorate - for your kind information. With reference to your letter numbered 1961
and dated 24 / 2 / 1959.
Page 621
Presidency of the Mosaic Community
in Baghdad
Telephone Number { 83531 President
5452 Secretary
Number T /: — / 59
Date: 24 / 2 / 1959
Subject: —
His Excellency the Honorable Judge of Personal Status
After greetings
Reference to your letter numbered 1891 with notification number 56/23 and dated 14 / 2 / 59
Sion Heskel had passed away in Baghdad on 23 / 7 / 954, and we have informed the third person
Shaul Hayyim of the necessity of visiting your court, noting that his place of residence is Zilkha Synagogue, Al-Tawrat neighborhood.
Please accept the highest respect.
Furthermore, this Presidency does not have special records for heirs, therefore it is not possible to
determine the heirs of the deceased mentioned above
Rabbi Sassoon Khadhuri
Acting President of the Community
A copy of it to —
For your kind information
Baghdad Provincial Governorate — This Presidency does not have special records for heirs
therefore it is not possible for it to determine the heirs of the deceased mentioned above.
Page 622
11596 / 22 / 9 / 7
Date of death
1- Regarding providing us with a statement of the heirs
of the deceased Sion Hazqeel Tarfa, with a statement of the limitation of
succession of the aforementioned deceased
2- Application of the third party, Nawal
Habib, possession of the ⟦Mosaic⟧ community
this news and the delivery of the ledger held by the esteemed ⟦...⟧
with you, please
Judge of Personal Status
⟦illegible stamp⟧
Page 623
Personal Status
Baghdad Court of First Instance
File Number: 56/Estate/957
Issue Number: 1891
Date: 2/2/959
To the Presidency of the Jewish Community - Baghdad, Respected
Reference to your letter numbered 128 and dated 7/27/957
The community has not sent the final fees due
from the estate of ⟦illegible⟧ Baghdad, despite your receipt of the legal distribution issued
from this court. I request the community's prompt review of this
court as necessary
Presidency of the Jewish Community
Special Number ....
Date ....
Court Judge
⟦Hikmat⟧ ⟦illegible⟧
A copy of it to the Presidency of the Jewish Community in Baghdad - we confirm our letter
Number 132 Estate 56 and dated 7/27/957 and in the presence of our representative
at the aforementioned Presidency and assigning the person residing in the house of the deceased
⟦illegible⟧ in the community to review this court and hand over the fees
deposited with him according to the receipt
⟦illegible⟧
⟦illegible⟧
Presidency of the Administrative Committee
of the Jewish Community
Baghdad on ⟦line⟧
To the Honorable Judge of Personal Status in Baghdad
After greetings,
With reference to your letter numbered ⟦14/2/59⟧ regarding
the estate ⟦56/2⟧, the late Sion Sahyoun
passed away in Baghdad on ⟦22/7/54⟧ ⟦and whereas⟧
<del>⟦illegible⟧</del> and we have notified the mentioned person
Daoud Sahyoun, residing in Torah Zalkha (Torah Quarter)
pursuant to your aforementioned letter.
Please accept our highest respect.
⟦Rectangular stamp: Presidency of the Administrative Committee of the Jewish Community⟧
⟦Circular stamp⟧
President
A copy to the Brandeis Commission for information, for your kind information.
This Presidency is unable to limit the heirs of the deceased
referred to above.
Page 624
Please refer to the full correspondence
Republic of Iraq
Governorate of Baghdad
Local Administration
Properties
Number: ⟦line⟧
Date: 2 / 9 / 195
To: Presidency of the Jewish Community in Baghdad
Subject: Estate of the deceased Sion Heskel
Bundle 23 / Estate / 56
We refer to the Personal Status Court letter No. 1891 on 14 / 2 / 959 regarding
providing the aforementioned court with the death certificate, and due to the possibility of the Local Administration's participation
in the estate, please state the result and inform us.
Presidency of the Jewish Community
Incoming No. ⟦illegible⟧
Date ⟦illegible⟧
Staff Brigadier General
Tariq Said Fahmi
Governor of Baghdad
Chairman of the General Governorate Council
Copy to /
Personal Status Court in Baghdad
Regarding its letter above for information
Local Administration Properties Department for follow-up.
Page 625
Administrative Committee of the Israelite Community:
In Baghdad:
Telephone Number 5452:
Number :: ⟦illegible⟧
Date :: 14/4/1958
Subject Summary:
His Excellency the Honorable Judge of Personal Status
Greetings,
Based on the deed issued by your esteemed court numbered 81 Sh / 58 and dated 8/4/1958,
The community purchased plot number 6/141 from District 11, Hamdi al-Pachachi farm, with an area of 2798.75 m2 at a price per square
meter of 4.750 Dinars, and it was registered in the Land Registry Department in the name of the Waqf of Heskel Menachem Daniel. Its value reached as
recorded below, so please confirm it.
Please accept our highest respect.
The Trustee
President of the Administrative Committee of the Israelite Community
Fils | Dinar
062 | 3794 | Value of the land
025 | 0095 | Land registry and brokerage fees
203 | 0016 | Follow-up fees at the Land Registry
000 | 0010 | Expert fees
800 | 0002 | Song fees
918 | 0002 | Miscellaneous expenses
008 / | 3911 | Only three thousand nine hundred eleven Dinars and eight Fils, nothing more.
A copy to:-
Mr. Salman Daniel, the agent for Mr. Frik Eini, for information
His Excellency the Trustee Heskel Menachem Daniel
The Community Secretary to enter it into the property register