AI English Translation, Pages 626-650
Baghdad Court of First Instance:
Case Number: ⟦...⟧/948
Outgoing Number: 884
Date: ⟦...⟧
To the Presidency of the Jewish Community in Baghdad
The plaintiff, Houria Ibrahim Shuker, filed a lawsuit against the defendant Shaul
Ibrahim Shuker, case number ⟦...⟧, requesting
as he is the one in possession of the property of his deceased brother, the aforementioned
Ibrahim Shaul Levi. The defendant's attorney stated that the person named
Musa Ibrahim, known as Shaul Shuker, has passed away
according to a legal inheritance certificate. Therefore, we request that you confirm
to us whether the aforementioned person is the defendant himself or not, and whether
the title is considered the real name according to the records
at the presidency of your community, while providing us with a copy of their registration.
1/⟦...⟧/1949
Presidency of the Jewish Community
Outgoing Number ⟦...⟧
Date ⟦...⟧
The Judge
Court of First Instance of ⟦...⟧
⟦illegible⟧
Baghdad on ⟦line⟧
To the Honorable Secretary of His Britannic Majesty
Greetings and respect,
On the occasion of the invitation card we received to attend
the reception ceremony on the occasion of the birthday of His Majesty
the British King,
Since Thursday, corresponding to 11/6/52,
happens to be the weekly holiday for our association and we have special
religious ceremonies, we hope you will accept our apology for not attending,
wishing His Majesty the King a long life, and for your Excellency
and your spouse's management success on this happy day.
Please accept the highest expressions of respect.
⟦illegible⟧
To the Honorable Head of the Community
After greetings,-
Please provide me with a certificate confirming that my son Ibrahim ⟦...⟧
⟦...⟧ known as Ibrahim ⟦...⟧
With much thanks and gratitude
Witness
Yousef Munshi Haifa ⟦...⟧ ⟦...⟧ Shaul
⟦signature⟧
25.12.1950
⟦...⟧ ⟦...⟧
⟦faded rectangular stamp⟧
School of ⟦illegible⟧
Number ⟦line⟧
Date ⟦line⟧
⟦illegible⟧
⟦illegible⟧ We, the undersigned, have granted Mr. Ibrahim Shaul ⟦illegible⟧
⟦illegible⟧ known as Ibrahim ⟦illegible⟧ Shaul ⟦illegible⟧
son of Mrs. Aziza Ibrahim Isaac ⟦illegible⟧ the late ⟦illegible⟧
⟦line⟧
Witness
Youssef Munshi Hashayat
⟦signature⟧
Witness
Munshi Sassoon Shabi
⟦signature⟧
7/22
Republic of Iraq
Ministry of Justice
Legal Codification Bureau
Number ⟦1-A / 7 / 1⟧
Date ⟦6 / 7 / 1959⟧
Personal Status Court in Baghdad
Your letter number 5452 dated 4 / 6 / 1959
We send you the Bureau's decision issued on 29 / 6 / 1959 and taken on the subject
Supporting what was stated therein
Minister of Justice
A copy of it to:
Presidency of the Mosaic Community in Baghdad - with reference to its letter number
T / 123 / 59 dated 18 / 4 / 1959.
The Decision
With reference to the letter of the Presidency of the Israelite Community numbered 123 / 59 and dated 18 / 4 / 1959
The aforementioned community explained in its letter some of the difficulties its members face as a result of conducting a
renewed marriage contract transaction by the Personal Status Court and requested that the court's certification of the statement
issued by it be sufficient, in application of paragraph D of Article 36 of the Population and Titles Registration Law No. 61 of
1958, because the Presidency of the Community is the competent authority for conducting marriage ceremonies according to its rituals.
Upon taking the opinion of the Personal Status Judge, he supported the community's point of view and requested the Ministry of Justice
in his letter numbered 5452 and dated 4 / 6 / 1959 to approve the keeping of a special register for recording marriage data
of members of non-Muslim communities, including the name of the husband and wife and the entity that issued the statement
or certificate, the date of marriage, and the certification thereof according to the model proposed in his letter referred to above.
Since the procedures mentioned in the letter of the Personal Status Judge are consistent with the spirit of the law
and preserve the rights of the spouses and avoid the pitfalls mentioned by the Presidency of the Community in its letter above,
therefore, we see fit to support the Personal Status Judge in keeping the register proposed by him, with reference to
the necessity of keeping a special register for each community that has legally recognized spiritual councils.
On 29 / 6 / 1959
⟦Presidency of the Mosaic Community⟧
Lutfi with 1 / 7
Presidency of the Mosaic Community
in Baghdad
Telephone Number } 83531
5452
Number T / 59 /
Date 13 / 4 / 1959
Subject:
His Excellency the Honorable Minister of Justice
Greetings and respect
Following the issuance of the Civil Status and Surnames Registration Law No. 61 of 1958, when members of our community consult civil status officers
to register marital events and present the marriage certificate provided by this Presidency to complete the transaction.
The civil status officers requested the applicants to have this certificate certified by the Personal Status Court based on
Paragraph D of Article Thirty-Six of the law referred to above. However, the Personal Status Court has begun
summoning both parties, obtaining their consent for marriage, and issuing a court notification of their marriage. The court's procedures are contrary to what was stated
in Paragraph D of Article Thirty-Six, as it explicitly stated the necessity of certifying the marriage statement only, without procedures
for a renewed marriage contract transaction, as stated in the mentioned paragraph (in the event that the statement is issued by a responsible authority outside the courts, such as being issued
by spiritual councils for non-Muslim sects or spiritual judges, the statement must be certified by the competent court
competent .... etc.) The court's procedures, despite being contrary to the text of the mentioned article, cause precautions and violations of Mosaic law
where ....
1 - The marriage contract issued by this Presidency is conditioned by certain terms under which the contract was concluded, as well as certain religious ceremonies without which
the marriage is not completed.
2 - There are some legal impediments where marriage is not completed despite the consent of both parties, or it is not valid.
3 - In addition to that, there are other precautions no less important than the legal precautions, such as, for example, after the marriage contract is concluded by this
Presidency, if both parties do not attend the court for any reason, such as a dispute between them, the travel of one of them, or his death, among
other things, the second party will not be able to carry out any transaction (as long as the courts have taken to issuing a notification from them regarding the marriage).
Add to that, a conflict may occur between the legal contract issued by us and the contract issued by the court, i.e., the occurrence of two
legal contracts, one of which may be opposed to the other.
Therefore, it is requested of your Excellency to ask the competent court to apply the text of the legal article and only certify the marriage
certificate issued by our Presidency.
Please accept the highest respect
On behalf of
Rabbi Sassoon Khadhuri
Acting Head of the Community
Baghdad Court of First Instance
The Judge — Mr. Hikmat Mumtaz
The Husband — Gabriel Shaul Gabriel Hanouka, holder of the non-revocation identity card No. 1854 dated 4/29/1952
The Wife — Ruth Eric Rawitchik, holder of the non-revocation identity card No. 1854 dated 4/29/1952
The Personal Status Court was formed by Judge Mr. Hikmat Mumtaz and recorded the following.
There appeared before this court both the husband Gabriel Shaul Gabriel Hanouka and the wife Ruth Rawitchik, of Iraqi nationality
and of the Mosaic faith, residing in Baghdad, Al-Alwiya district, house number (782), and in the presence of both witnesses Menashi Daoud
Hesqel Jouri and Edward Abboudi Shabi. The wife testified, addressing her husband, saying: By my own will and choice, and in full mental capacity and maturity, I married
myself to you on October 3, 1956, and you have fathered from me, through the legitimate marital bed, the daughter Caroline. The husband replied,
confirming the existence of the marriage and that the contract took place outside the court by the Presidency of the Israelite Community in Baghdad according to its letter No.
113/58 dated 11/20/958 and according to the Mosaic Law, and he confirmed that his daughter mentioned above is from the legitimate marital bed
and repeated what was stated above and requested the registration of the marriage and to be given the certificate thereof. Thus, what occurred was recorded on 11/25/1958.
The Judge
11/25/958
Baghdad Court of First Instance
Judge Mr. Hikmat Mumtaz
Husband - Kurail Shaul Kurail Hanuka, holder of the non-forfeiture identity card No. 1854 dated 4/29/1952
Wife - Ruth Erich Rauchik, holder of the non-forfeiture identity card No. 1854 dated 4/29/1952
The Personal Status Court was formed by Judge Mr. Hikmat Mumtaz and recorded the following.
There appeared before this court both the husband Kurail Shaul Kurail Hanuka and the wife Ruth Rauchik, of Iraqi nationality
and of the Mosaic faith, residing in Baghdad, Al-Alwiya district, house number (787), and in the presence of both witnesses Munshi Daoud
Hesqel Jouri and Edward Abboudi Shabi. The wife testified, addressing her husband, saying: By my own will and choice and in my full mental capacity and maturity, I married
myself to you on October 3, 1956, and you have fathered from me through the legitimate marital bed the daughter Caroline. The husband answered her,
confirming the existence of the marriage and that the contract took place outside the court by the Presidency of the Israelite Community in Baghdad according to its letter No.
113/58 dated 11/20/1958 and according to the Mosaic Law, and he confirmed that his aforementioned daughter is from the legitimate marital
bed and repeated what was stated above and requested the registration of the marriage and to be given the certificate thereof. What occurred was issued on 11/25/1958.
The Judge
11/25/1958
Baghdad Court of First Instance
Judge Mr. Hikmat Mumtaz
Husband - Kirail Shaul Kirail, non-forfeiture ID number 1854 dated 4/29/1952
Wife - Ruth Eric Rautschik, holder of non-forfeiture ID number 1854 dated 4/29/1952
The Personal Status Court was formed by Judge Mr. Hikmat Mumtaz and recorded the following.
There appeared before this court the husband Kirail Shaul Kirail Hanuka and the wife Ruth Rautschik, of Iraqi nationality
and of the Mosaic faith, residing in Baghdad, Al-Alwiya district, house number (782), and in the presence of the two witnesses Munshi Daoud
Samuel Joy and Edouard Moody Shabi. The wife testified, addressing her husband, saying: By my own free will, choice, and full mental capacity, I married
myself to you on October 3, 1956, and I have given birth to the daughter Caroline from the legitimate marital bed. The husband answered her
confirming the existence of the marriage. The contract was documented outside the court by the Presidency of the Jewish Community in Baghdad according to its letter numbered
113/58 dated 11/20/1958 and according to the Mosaic Law. He confirmed that his daughter mentioned above is from the legitimate marital
bed and repeated what was stated above and requested the registration of the marriage and to be given the certificate for it. What occurred was issued on 11/25/1958.
The Judge
11/25/1958
Presidency of the Mosaic Community
in Baghdad
Telephone No.: 83531 President / 5452 Secretary
Number T/: 281 / 60
Date: 27 / 4 / 1960
Subject: ⟦line⟧
Secret
165
His Excellency the Judge of Personal Status in Baghdad, Respected
After greetings
Reference to your letter numbered 1860 and dated 17 / 4 / 960 and file number
85 / Sh / 959.
We have assigned the lawyer Mr. Shaul Moussa to be an expert in the alimony case under
discussion in your aforementioned letter and we have notified him of the said letter and the necessity of his attendance at
your court on the date 2 / 5 / 960.
Please accept our highest respect
Rabbi Sassoon Khadduri
Acting President of the Community
A copy to -
Lawyer Shaul Moussa
Please attend the Personal Status Court in Baghdad on the date 2 / 5 / 1960.
⟦illegible⟧
Presidency of the Mosaic Community
in Baghdad
Telephone Number { 83531 President
5452 Secretary
Number T / 60 /
Date 26 / 4 / 1960
Confidential
⟦line⟧
Subject
His Excellency the Judge of Personal Matters in Baghdad, Respected
After greetings,
Reference to your letter numbered 1860 and dated 17 / 4 / 960 and with number
File 85 / Sh / 959.
We have appointed the lawyer Mr. Shaul Moussa to be an expert in the alimony case under
discussion in your letter referred to above.
Please accept our highest respect.
⟦The aforementioned⟧ ⟦...⟧ copy on ⟦...⟧ 2/5/960
Rabbi Sassoon Khadhuri
Acting President of the Community
Copy to -
The lawyer Mr. Shaul Moussa
Please attend the Personal Matters Court in Baghdad on 2 / 5 / 960
Enclosed is a copy of the letter from the Personal Matters Court.
Presidency of the Mosaic Community
in Baghdad
83531 President } Telephone Number
5452 Secretary }
Number T /: 60 /
Date: 26 / 4 / 1960
Secret
⟦line⟧
Subject ⟦line⟧
His Excellency the Judge of Personal Status in Baghdad, Respected
After greetings
Reference to your letter numbered 1860 and dated 17 / 4 / 1960 and number
File 85 / Sh / 959 .
We have appointed the lawyer Mr. Shaul Moussa to be an expert in the alimony case under
discussion in your letter referred to above .
Please accept our highest respect
Rabbi Sassoon Khadhuri
Acting President of the Community
A copy of it to :-
The lawyer Mr. Shaul Moussa
Please attend the Personal Status Court in Baghdad on 2 / 5 / 1960
Enclosed is a copy of the Personal Status Court letter .
Presidency of the Jewish Community
in Baghdad
Telephone Number { 83531 President
5452 Secretary
Number T/: 60 /
Date: 26 / 4 / 1960
Subject:
Secret
⟦line⟧
His Excellency the Judge of Personal Matters in Baghdad, Respected
After greetings
Reference to your letter numbered 1860 and dated 17 / 4 / 960 and number
File 85 / Sh / 959 .
We have appointed the lawyer Mr. Shaul Moussa to be an expert in the alimony case under
discussion in your letter referred to above.
Please accept our highest respect
Rabbi Sassoon Khedhouri
Acting President of the Community
A copy to :-
The lawyer Mr. Shaul Moussa
Please attend the Personal Matters Court in Baghdad on 2 / 5 / 960
Attached is a copy of the Personal Matters Court letter.
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
Baghdad Court of First Instance - Personal Matters
Case Number 85 / Sh / 1956
Judge - Mr. ⟦line⟧
Date 17 / 4 / 1956
186 -
(( CONFIDENTIAL ))
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 you to select an expert who is knowledgeable about the situation of both parties
so please select the expert and notify him 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.
Judge
⟦illegible⟧
⟦illegible⟧
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⟧
Memo.
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
POMMIA
Champagne Cider
Agents for Iraq—S. M. Garibian & Co. Ltd., Baghdad
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⟧
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
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
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⟧
⟦illegible⟧ Baghdad
File Number: 195 / /
Date: 195 / /
Judge - Mr.: ⟦line⟧
Notification Fee | 100
Judgment Stamps | 100
Four hundred and fifty fils | 450
First Clerk
⟦illegible⟧
Signature
First Clerk
Copies and Certified True Copy
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
11 / 21 / 1958
Yassin / 26
Baghdad Court of First Instance - ⟦illegible⟧
Case Number: 209 / Estate / 1957
Issue Number:
Date: 28 / 11 / 1957
To ⟦line⟧ Presidency of the Jewish Community
The plaintiff, Simha Haron Nissim Cohen, filed a lawsuit against the defendant, Munshi 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
any inheriting offspring 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 inheriting offspring 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 Jewish Law,
and we request that the answer reaches us as quickly as possible.
The Judge
⟦signature⟧
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