AI en Translation, Pages 651-675
Page 651
Presidency of the Jewish Community
In Baghdad
Telephone Number } 83531
5452
Number T /
Date / /
Subject:
Baghdad Court of First Instance - Personal Matters Case File No. 85 / Sh / 1959
The Judge Mr. Date 1 / 4 / 1960
To the Presidency of the Jewish Community in Baghdad
The plaintiff Farha Yusuf Saleh has filed a lawsuit against the defendant, her husband Ishaq Sha'ul Murad Qazzaz
regarding her claim for alimony, and it is necessary to select an expert with knowledge of the parties' situation through you, so we hope for the selection
of the expert and notifying him to appear before this court on the morning of 2 / 5 / 60, provided that his selection and
notification be conducted in a confidential manner.
The Judge
Page 652
Baghdad Court of First Instance - Personal Matters
Case Number 85 / Sh / 1956
Date 17 / 4 / 1956
The Judge - Mr.
(( Confidential ))
186
To the Presidency of the Mosaic Community in Baghdad
The plaintiff, Farha Yusuf Salih, has filed a lawsuit against the defendant, her husband Ishaq Shaul Murad Qazzaz
regarding a claim for alimony, and it has become necessary for an expert who is familiar with the situation of both parties to be selected by you.
We therefore request the selection of the expert and that he be notified to appear before this court on the morning of 2 / 5 / 60, provided that
his selection and notification are carried out in a confidential manner.
The Judge
⟦illegible circular stamp⟧
⟦illegible handwriting⟧
Page 653
Presidency of the Mosaic Community
in Baghdad
Telephone Number { 83511 President
5452 Secretary
Number T / 59 /
Date 1959/9/6
Subject ⟦line⟧
166
His Excellency the Judge of Personal Status in Baghdad, Respected
After greetings,
With reference to your letter numbered 8316 and dated 59/8/28 under file number 17/Sh/
54, we have notified Mr. Salim Munshi Gabbay on 59/9/4 of your court's notification numbered file
17/Sh/54 and dated 1958/12/28 regarding his appointment as a temporary guardian over the mentally incompetent Ibrahim Mirza
Yaqub.
Please accept our highest respect.
Rabbi Sassoon Khadhuri
Acting President of the Community
⟦illegible⟧
Page 656
Baghdad Court of First Instance:
Case Number: ⟦...⟧
Outgoing Number: 8212
Date: 28 / 10 / 956
To the Directorate of Minors' Property Administration
Reference to your letter numbered ⟦...⟧ / 7 / 56 and dated ⟦...⟧
Numbered 17 / 5 / 56 and dated 22 / 5 / 956
Since the lawsuit numbered 17 / 5 / 56 at the court regarding the replacement of
the guardian Dr. Aflatoon Ahmed Yaqoub Maslawi over her
due to our knowledge of Aflatoon's resignation report regarding the Rusafa building
has ended with the issuance of the judgment appointing Salim Husni Kabbay as a temporary
guardian until the return of the guardian from outside Iraq in the matter of
removing this building from the local judgment on 28 / 10 / 956
to implement what was stated therein
A copy of it to the Presidency of the Mosaic Community in Baghdad
for implementation according to the procedures
⟦illegible stamp⟧
⟦signature⟧
Page 657
Personal Status Matters in Baghdad
Court of ⟦Personal Status Matters⟧
File Number 17 / ⟦illegible⟧ / 1958
Date 28 / 12 / 1958
Judge - Mr. Hikmat Mumtaz
The Personal Status Court in Baghdad was formed on 28/12/1958 by its authorized judge, Mr. Hikmat Mumtaz,
presiding in the name of the people, and issued the following judgment:-
Plaintiff:- Objector to the dismissal - Dr. Platon Ahmed Yaqoub - represented by lawyer Jalil Qasto
Defendants:- The objected parties - Layla and Noor, daughters of Platon - represented by lawyer Ismail al-Rashid
The plaintiff claimed that the defendants were appointed as guardians by this court over the mentally incapacitated Ibrahim Mirza
Yaqoub, and since they have left Iraq for migration and study purposes and have authorized Mr. Abdul Jabbar al-Kilani to manage
the affairs of the incapacitated person, and whereas the aforementioned agent has handled the incapacitated person's funds in a harmful manner and did not care for his affairs, and since
the aforementioned incapacitated person lives with him (the plaintiff) in one house and is under his care and he provides for him, therefore
he requests an accounting of the agent, the dismissal of the two guardians, his appointment as guardian over the incapacitated person, and charging the defendants with expenses.
As a result of the in-person trial, the defendants' lawyer argued that the guardianship of his clients over the incapacitated person
is an elective guardianship and the plaintiff has no relation to the incapacitated person, nor does he have the right to request an accounting of the guardians, making the lawsuit directed at
the wrong party. As for the court, it conducted an investigation with both parties and it appeared that the incapacitated person has no father, no mother, and no offspring, and
the two guardians are outside Iraq for the purpose of study. The court decided that the litigation is properly directed because the plaintiff is the brother of the incapacitated person and is
an heir to him, and his maintenance is obligatory upon him when needed. Thus, the plaintiff has the right to request the dismissal of the elective guardian if they mismanage
his funds in a harmful way, and this case is a matter of probate (Hisbah) which the court is obligated to look
into whenever it becomes aware of it until the truth is reached. And whereas it appeared to the court that the two guardians are outside Iraq and
their return date is not confirmed, and they have authorized an agent for them to manage the affairs of the incapacitated person, and that is not legally permissible as the
agent becomes the guardian in reality, not the elective guardian. And whereas the court has general jurisdiction over such matters,
it took three decisions - First - To notify the Directorate of Minors' Funds in Baghdad to account for the guardians' agent
and provide the court with a report on the results of these accounts, stating its opinion on paragraphs 3 and 4 of Article 21 of the Law
of Minors' Funds Administration - Second - To appoint a temporary guardian over the incapacitated person, to be nominated by the Presidency of the Jewish Community
in accordance with paragraph 2 of Article 58 of the aforementioned law - Third - To notify the two guardians of the two mentioned measures and that it is not
legally permissible to authorize an agent for them to manage the affairs of the incapacitated person, and that the court will consider their dismissal and the appointment of a permanent guardian in case
the affairs of the incapacitated person are not managed by them directly. The court proceeded to implement its three mentioned decisions; the first decision was implemented
as it appeared from the letter of the Directorate of Minors' Funds No. A-177-51 dated 6/14/1955 that an accounting was conducted for
the agent and it was verified that the actions he performed were acceptable to it. The second decision was also implemented, where a temporary guardian
nominated by the Presidency of the Jewish Community, named Salim Munshi Gabbay, was appointed. While the court was in the process of its
third decision, the plaintiff's lawyer was absent despite being notified, nor did he inform the court of a legitimate excuse, so the court decided
on 10/16/1955, based on the request of the defendants' lawyer, to temporarily drop the plaintiff's right to trial while charging him with expenses.
Due to the plaintiff's lack of conviction in the mentioned decision, his general agent, lawyer Jalil Qasto, objected to it according to
the objection brief dated 18/6/1956, requesting to continue hearing the case and proceed from the point where it
ended.
Judge
First Clerk
True Copy of the Original
"To be followed"
Implementation
Page 658
Baghdad Court of First Instance:
Case Number: 195 / /
Judge - Mr.:
Date: 195 / /
The Panel. On the day appointed for the hearing, the attorneys for both parties attended, and the hearing was initiated in person and in public. The
attorney for the two defendants submitted a request involving the notification of the two defendants to attend this lawsuit, as he is not a lawyer.
The court decided to notify them personally to attend. After the court carried out the procedures for notifying the two defendants personally, which
took a long time, Attorney Ismail al-Rashid attended on their behalf by virtue of his general power of attorney referred to in the minutes of
the hearing. The hearing was initiated in person and in public, and the attorney for the plaintiff objecting to the dismissal submitted a written brief
dated 10/27/1958, which was served to the attorney for the two defendants. The most important point therein was that the two respondents had
left Iraq and left its borders, and they had married two foreigners, so they no longer have any connection to Iraq, which makes it impossible for them to carry out
the burdens and responsibilities of guardianship over the mentally incompetent person. Since the requirements of managing the property of the ward and protecting and preserving his rights from
loss and squandering, their guardianship would therefore be harmful to the minor. Furthermore, his client has more right than the two respondents to the right of guardianship
over the minor because he is closer to him than they are, as he is his full brother, while the two respondents are the daughters of his brother. From this aspect,
his client is preferred over the two respondents, and it is his right to be the guardian over him and manage his property. He repeated his request to annul
the guardianship of the two respondents, dismiss them, and appoint his client as guardian over the mentally incompetent person in their stead. As for the attorney for the two respondents, he stated that what was presented by
the attorney for the objector is rejected legally and Sharia-wise. First, the guardianship is established by a decree issued by this court dated 1/5/1953 under number
23 / 952 Sh, and thus they are chosen guardians according to Sharia and law. Second, there is nothing in Sharia or legal rulings that necessitates
the dismissal of a chosen guardian except in the case of mismanagement and betrayal, whereas it has been proven by a letter from the Directorate of Minors' Property
in Baghdad that an accounting was conducted by the aforementioned Directorate with the attorney for the two guardians, and it appeared that the result was good conduct,
noting that the accounting of guardians is the right of the Directorate of Minors' Property. Third, the objector had previously requested to be appointed as guardian
and his request was rejected, and the case cannot be heard twice. Fourth, the change of the two guardians' nationality by their marriage to two men, one American and the second
British, does not affect the ruling of guardianship. Since the guardianship is chosen, there is nothing to favor the objector due to kinship
or otherwise. As for ⟦regarding⟧ the attorney for the objector, the objector stated that since the two respondents left Iraq and acquired two foreign
nationalities, the arguments upon which the court previously relied regarding the legality of the guardianship are considered to have changed, and it is also not permissible
to delegate in matters of guardianship. As for the court, it requested clarification from the attorney for the two respondents regarding the case number he mentioned
that the objector had previously filed and was rejected, so he requested time to provide its number and was granted it. The court also decided to bring the file numbered
23 / Sh / 52 regarding the guardianship of the two respondents. In the following session, the file numbered
23 / Sh / 52 was received from this court, and it appeared that it was filed by the two defendants against the Director of Minors' Property in his official capacity and for the property
of the mentally incompetent Ibrahim Moza Yaqoub, requesting the confirmation of the chosen guardianship certified by the Notary Public of Karrada under general number
5815 dated 3/18/1952, which included Dr. Moza Yaqoub appointing the two defendants as chosen guardians
over his mentally incompetent son Ibrahim Moza Yaqoub. The aforementioned case was settled in person on 1/5/1953 by confirming the appointment of
Noor and the daughter of Aflatoon as chosen guardians over the mentally incompetent Ibrahim Moza Yaqoub to manage his affairs jointly or individually.
The two defendants were notified of the aforementioned ruling and did not appeal it, and thus it became final. It was noted that the plaintiff objecting to
the dismissal decision had, in that case, submitted a request on 12/30/1952 to be accepted as a third party in the case
to be appointed as guardian over the mentally incompetent person in the Sharia manner, and to reject the two plaintiffs' case given that the mentally incompetent person is in his house and under his management and care.
Judge
First Copies
True Copy
Page 659
Baghdad Court of First Instance
File Number / / 195
Date / / 195
Judge - Mr. ⟦line⟧
And that the two plaintiffs are absent from Iraq and cannot manage their affairs, and that the court had rushed in presenting
the judgment issued in that case, rejecting the request of the third party to enter that case, provided that he has the right to approach
the court with a request for his appointment, and the conclusion of the case will be supported because the case, upon confirmation of his guardianship, is chosen, and that the request of the person seeking
entry is a request for ordinary guardianship. As for the attorney of the defendant who objected to the dismissal decision, ⟦he⟧ reiterated that his client has the right
to file this case because the previous judgment authorized him to do so, and that the reason for dismissing the two defendants is present in this case,
due to the complete severance of the two defendants' relationship with the ward ⟦over her⟧ because of their presence outside Iraq and their failure to return, and the impossibility
of exercising guardianship duties through an agent, as it is difficult to hold the two guardians accountable. As for the attorney of the two defendants,
he repeated his previous statements, and in this manner, the hearing was concluded and the decision was announced publicly.
The Decision ... For the plaintiff's claim that the hearing must be in person, and since it appeared that the plaintiff's lawsuit is his request to dismiss
the two chosen guardians, the defendants, from the guardianship over the mentally incompetent Ibrahim Rosa Yaqub because they have left Iraq
and appointed Mr. Abdul Jabbar al-Kilani to manage the affairs of the incompetent person, and that the aforementioned agent has disposed of the incompetent person's funds in a manner
that is harmful. And since it appeared from file number 23 / 952 in the vicinity of this court that the two defendants
had filed a lawsuit against the Director of Minors' Funds to confirm their chosen guardianship over the aforementioned incompetent person, and a judgment was issued to that effect
and it acquired final status. And since the jurists are unanimous that the dismissal of the chosen guardian is not carried out except based on the appearance
of betrayal and its proof in a hearing. And since the plaintiff did not claim betrayal by the two chosen guardians, but rather all he claimed was their residence
outside Iraq, and residence outside Iraq is not considered betrayal, but may be for necessity such as study, treatment, and others.
And since the adversary in that is the Director of Minors' Funds, as stipulated in paragraph 5 (amended) of Article Eleven
and twenty of the Law for the Liquidation of Estates and Management of the Funds of Minors, Absentees, and Interdicted Persons No. 27 of 1934 and the Law
of its amendment No. 67 of 1936, the court decided: First - To retract its decision taken at the hearing session dated
24 / 3 / 1955, which included that the litigation in the case is directed, and to reject the plaintiff's lawsuit from the standpoint of legal standing because he is not fit
to be an adversary to the two defendants because they are chosen guardians. Second - Since this case is considered one of the matters
of probate (Hisba) which the court is obliged to look into whenever a reason is known, and since it appeared from the letter of the Director
of Minors' Funds dated 11 / 1 / 1956 and dated with number 153 and special number 8 / 177 / 51 that the agent of the two guardians, Mr. Abdul Jabbar
al-Kilani, began to act in a manner harmful to the rights of the incompetent person, and the date of this letter is subsequent to the letter of the Directorate of Minors' Funds
dated 14 / 6 / 1955, which stated that his actions were acceptable to that directorate out of concern for the rights of the incompetent person,
the court decided: Third - To confirm its decision taken on 21 / 4 / 1955 appointing Mr. Selim Tchekabay
as a temporary guardian over the mentally incompetent Ibrahim Rosa Yaqub and the continuation of his temporary guardianship until the return of the two defendants, the chosen guardians,
to Iraq and their accounting by the Directorate of Minors' Funds. The court also decided - Fourth - To deposit a copy
of this decision with the Directorate of Minors' Funds to take the necessary measures according to the procedures, and also decided to deposit a copy of it with the Presidency
of the Jewish Community in Baghdad to notify the temporary guardian whom it had nominated to continue performing his temporary guardianship duties.
The court decided: Fifth - To charge the plaintiff with all trial costs along with the attorney fees of the two defendants and the expenses
of notifying the two defendants outside Iraq, a judgment in presence subject to appeal, and it was announced publicly on 28 / 12 / 1958.
Expenses
The Judge
Fee for objecting to the dismissal decision
The First Clerk
Images ⟦illegible⟧
Page 661
File Number ⟦259 / Sh / 195⟧
Baghdad Court of First Instance - ⟦Personal Matters⟧
Issue Number ⟦line⟧
Date 28 / 11 / 1956
To the Presidency of the Mosaic Community
The plaintiff, Simha Haroun Nissim Cohen, filed a lawsuit against the defendant, Menashe Moshi Ayed, regarding
her claim for her deferred dowry (the Ketubah) amounting to seven thousand dinars, in addition to the estate of the deceased Ephraim
Moshi Ayed, her husband. The defendant's attorney argued that a wife whose husband has died and who did not have
an heir from him has no right to claim the deferred dowry if she claims the estate, and she has no right to claim the estate if
she claims the deferred dowry. Since the aforementioned Simha has no heir from her deceased husband Ephraim
Moshi Ayed, we request that you inform us whether what the defendant's attorney mentioned is correct or not according to the provisions of Mosaic Law
and we request that the response be sent to us as quickly as possible.
The Judge
⟦Baghdad Court of First Instance⟧
Page 662
Baghdad Court of First Instance: Personal Matters
Case Number: ⟦illegible⟧
Issue Number: ⟦illegible⟧
Date: 952/⟦illegible⟧
To the Presidency of the Mosaic Community in Baghdad
The plaintiff Simha Haroun Simon filed against the defendant
this court by this plaintiff Mona Moussa Aad requesting
addition to the estate of the deceased Azzam Moussa Aad in the written amounts
amounting to seven thousand dinars according to the distribution issued
from your community number 156/1591 and dated 7/18/952
Please inform us whether the majority in the Mosaic
Law and when it can be entered and whether a part of the dowry
is paid from the aforementioned amount or not. Please provide
the statement with the possibility of sending the answer by the hand of the bearer
for this review
Fuad al-Turki
The Judge
Page 663
Presidency of the Mosaic Community in Baghdad:
Telephone Number: 83531 President / 5452 Secretary
Number T /: 60 /
Date: 1960/8/30
Subject:
The Honorable Judge of Personal Status in Karrada Al-Sharqiya
Greetings,
With reference to your letter No. 21 LM / 60 dated 1960/8/28
Both the husband Mr. Isaac Shaul
Qazzaz and the wife Mrs. Farha daughter of Yusuf bin Ezra attended the headquarters of this Presidency on 1960/8/30, and the divorce ceremonies were performed for them according to
the rituals of the Mosaic Law, and thus they have become legally divorced.
Please accept our highest respect.
Rabbi Sassoon Khadhuri
Acting President of the Community
Page 664
Presidency of the Mosaic Community
in Baghdad
83531 President
5452 Secretary
Telephone Number
Number T / 61 /
Subject
Date 8 / 1 / 1961
169
His Excellency the First Judge of the Baghdad Court of First Instance, Respected
After greetings
Reference to your letter numbered 7658 / M T / 960 / 6 and dated 29 / 12 / 1960
Based on your request, we are honored to present to your respected court four copies of the Holy Bible
(The Torah)
Please accept our highest respect
⟦Sassoon⟧
Rabbi Sassoon Khedhouri
Acting President of the Community
Page 666
Republic of Iraq
Ministry of Justice
Baghdad Court of First Instance
Number MT / 160/60 ⟦line⟧
Date 12/29/1960 ⟦line⟧
Incoming Stamp
⟦6258⟧
To: - Chaldean Patriarchate of Babylon in Baghdad
Presidency of the Mosaic Community in Baghdad
This court requests that you provide it with four copies of the Holy Book as
our court is in need of them when members of your community visit regarding giving testimonies
and taking oaths, and the court has not found the Holy Book in the local markets.
Thanking you in advance.
Ibrahim Al-Mudarris
First Judge of the Baghdad Court of First Instance
Page 667
Administrative Committee for Iraqi Jews
Telephone Number 5452
Number :: 2/ 60/
Date :: 22 / 6 / 1960
Subject ::
170
⟦illegible⟧
To -
Baghdad Court of First Instance
Greetings,
Reference to your letter numbered 2354 and dated 15 / 6 / 1960
Based on the decision of your esteemed court, we have paid to the third party Mr. Shlomo Somikh
an amount of -/100 Dinars.
Please accept our highest respect
Chairman of the Administrative Committee
⟦signature⟧
A copy of it to -
The third party Mr. Shlomo Somikh for confirmation.
Page 668
Number: 61/784
Date: 1961/2/12
Telephone Number: 5452
Subject:
171
To -"
Baghdad Court of First Instance
Greetings,
Reference to your letter numbered 955/2354 and dated 1961/2/8
Based on the decision of your esteemed court, we have paid to the third party, Mr. Shlomo Somikh,
an amount of 100/- Dinars.
Please accept our highest respect.
Chairman of the Administrative Committee
⟦illegible signature⟧
A copy to -"
The third party, Mr. Shlomo Somikh, for confirmation.
Page 669
Presidency of the Mosaic Community
in Baghdad
No. T /
59/
Date
11/2/1959
Subject
Telephone No. (83531 President
85042 Secretary
167
His Excellency the Judge of Personal Matters in Baghdad, Respected
After greetings
With reference to your letter numbered 9311 and dated 10/19/59 regarding file
75/Sh/59. The Ketubah is the Dowry (Sadaq) and the wife is entitled upon the death of her husband
to the entire amount of the Ketubah (Dowry) provided that she takes the legal oath that she has not embezzled nor hidden
anything from her husband's property ⟦line⟧ .
Please accept our highest respect
Rabbi Sassoon Khadhuri
Acting President of the Community
Page 671
Presidency of the Mosaic Community in Baghdad:
Telephone Number: 83531 President / 5452 Secretary
Number T/: 59 /
Date: 30 / 11 / 1959
Subject:
The Honorable Judge of Personal Status Matters
Greetings,
With reference to your letter dated 28 / 11 / 59 under file number 2 / Estate / 59
The wife whose husband has passed away has the right to the amount of the (Ketubah) only, without claiming the estate,
and that is after she takes the legal oath.
Please accept our highest respect.
Rabbi Sassoon Khadhuri
Acting President of the Community
⟦illegible⟧