Correspondence between the Jewish Religious Court, the Court of Iraq, the Ministry of Justice, the Iraqi Court of Cassation, and the Jewish Shara’ – Court of Revision
View interactive document pageThis folder from the Baghdadi Jewish community contains a court case regarding an inheritance dispute. There is also correspondence between the Jewish Religious Court, the Court of Iraq, the Ministry of Justice, the head of the Iraqi Court of Cassation, and the Jewish Shara’ – Court of Revision regarding legal testimony, financial accounts, and legal precedent.
262 B 11 Presidency of the Court of Cassation of Iraq Baghdad Number 262 / Legal / 938 on 6 / 2 / 939 to the Presidency of the Sharia Court of Cassation in Baghdad We send you herewith the case file numbered 262 / Legal / 938 filed by Ezra Zion against Eliyahu Zion for consideration by your esteemed court according to its jurisdiction and its return On behalf of President of the Court of Cassation 109
2929 7 September 936 Presidency of the Iraq Court of Cassation Reference to your letter No. 936/2 dated 12 / 8 / 936 addressed to the Jewish Religious Court in Baghdad We return to you with this letter the case file of Lulu Ezra Ishaq Salih translated into Arabic Please return it after reviewing it; ⟦signature⟧ Head of the Community Attachments: 136 papers 01 M
Presidency of the Court of Cassation of Iraq Baghdad Number: T 936/2 Date: 28/9/1936 7 September 1936 ⟦Reference to your letter No. 936/2 dated 12/8/1936 to return to the Sharia Court⟧ ⟦Jewish in Baghdad⟧ ⟦We return this letter to you ⟦...⟧ translated into Hebrew⟧ ⟦⟦...⟧⟧ Presidency ⟦...⟧ to " - Head of the Jewish Community in Baghdad. Reference to your letter numbered 3939 and dated 7 September 1936. We return to you the case file numbered 825 concerning the case of Lulu daughter of Ezra Ishaq Saleh with the decision issued thereon by the Jurisdiction Determination Committee numbered 936/2 and dated 27 September 1936, please inform us of its arrival. ⟦G Alexander⟧ President of the Court of Cassation of Iraq A copy thereof to " - President of the Baghdad Court of First Instance with the file numbered 12/36 regarding the estate of the deceased Eliyahu Baruch and a copy of the decision of the Jurisdiction Determination Committee.
File Number 2 / 936 0 The Appellant - Lulu daughter of Ezra Ishaq Salih, wife of the deceased Eliyahu Baruch Yehuda Shua. The Appellee - Zion Baruch Yehuda Shua. Based on the petition submitted to the Jurisdiction Determination Committee by Lulu daughter of Ezra Ishaq Salih on July 27, 1936, which included her request to determine the jurisdiction of the following three issues that the Communal Council interfered with during its consideration of the dowry lawsuit, which are:- First - Considering inheritance rights. Second - Considering legal interest. Third - Considering the amount permitted by the petitioning wife under the agreement concluded between the heirs of the deceased and his partners. The Jurisdiction Determination Committee met, consisting of the Vice President of the Court of Cassation Daoud Samra, and the member of the aforementioned court Hassan Ridha, and Rabbi Salman Hoki Aboudi - President of the Israeli Religious Court. After bringing the two case files from the Israeli Communal Council and from the Personal Status Court in Baghdad and examining them, it became clear:- That the lawsuit filed by the petitioner Lulu in the Communal Council is a dowry lawsuit. The representative of the community explained before this committee that if the wife demands her dowry, her right to claim inheritance rights and what she owns of movable and immovable property and items she brought from her father's house upon her marriage and what her husband gifted her during his lifetime falls away. For this reason, the ruling - regarding the dowry depends on depriving her of claiming the inheritance share that passes to her from her husband and deducting the value of those properties and items from the amount of her dowry. In this regard, the committee considers that it is the right of the Communal Council, when / issuing its ruling on the dowry, to decide to deprive the wife of her inheritance share transferred to her from her husband. And when considering the second case related to legal interest, it was found that the requested interest G Alexander
File Number 2 / 367 ( 2 ) It pertains to the amount of the dowry, and since the jurisdiction over the dowry lawsuit belongs to the Council of the community, the jurisdiction over the lawsuit for the interest branching from it also belongs to the aforementioned Council. Ruling on it or not ruling on it according to the Israeli law is a matter that belongs to it. And when looking at the third case resulting from the contract concluded between the heirs, including the petitioner, and the partners of the deceased, the majority of the committee considers that since the wife petitioning for the dowry has no right to receive anything from the inheritance rights, and everything she received or waived her right to must be deducted from the amount of the dowry, then the claim in such matters constitutes a defense to the original dowry lawsuit. And since jurisdiction over the dowry lawsuit belongs to the community council, jurisdiction over the matter of the defense also belongs to the aforementioned council. Therefore, it was decided so and a copy of this decision shall be deposited with both the Israeli Community Council and the Court of Personal Status in Baghdad to act accordingly. The decision was issued on September 27, 1936 and 11 Rajab, 1355. ⟦signature flourish⟧ The President True copy of the original G Alexander ⟦circular stamp⟧
File Number 936/2 Appellant: Lulu bint Ezra Ishaq Saleh, wife of the deceased Eliyahu Barukh Yehuda Shua Appellee: Sion Barukh Yehuda Shua. Based on the petition submitted to the Jurisdiction Designation Committee by Lulu bint Ezra Ishaq Saleh on July 27, 1936, containing her request to designate the jurisdiction for the following three issues in which the Communal Council intervened during its consideration of the dowry lawsuit, namely: First - Considering the inheritance rights Second - Considering the legal interest Third - Considering the amount waived by the petitioning wife according to the agreement concluded between the heirs of the deceased and his partners. The Jurisdiction Designation Committee met, consisting of the Vice President of the Court of Cassation Dawood Samra, the member of the aforementioned court Hassan Ridha, and Rabbi Salman Huqi Aboudi - President of the Jewish Religious Court. After summoning the two case files from the Jewish Communal Council and from the Personal Status Court in Baghdad and auditing them, it became clear: That the lawsuit filed by the petitioner Lulu in the Communal Council is a dowry lawsuit, and the representative of the community explained before the committee that if the wife demands her dowry, her right to claim inheritance rights and her ownership of movable and immovable property and items she brought from her father's house upon her marriage and what her husband gave her during his lifetime is forfeited. Therefore, the judgment on the dowry depends on depriving her of claiming the inheritance share that passes to her from her husband and deducting the value of those assets and items from the amount of her dowry. In this regard, the committee ⟦considers⟧ that the Communal Council has the right, when issuing the judgment on the dowry, to decide to deprive the wife of her inheritance share passing to her from her husband. When considering the second issue related to legal interest, it was found that the requested interest pertains to the amount of the dowry. Since the consideration of the dowry lawsuit is within the jurisdiction of the Communal Council, the consideration of the interest lawsuit branched from it is also within the jurisdiction of the said council, so judging it or not judging it according to Jewish law is a matter that belongs to it. When considering the third issue resulting from the agreement concluded between the heirs, including the petitioner, and the partners of the deceased, the majority of the committee considers that since the wife petitioning for the dowry has no right to collect anything from the inheritance rights, and it is required to deduct whatever she received or waived her right to from the dowry amount, then the claim in such disputes serves as a defense against the original dowry lawsuit. Since the consideration of the dowry lawsuit belongs to the Communal Council, the consideration of the defense matter also belongs to the said council. Accordingly, it was so decided, and a copy of this decision is to be deposited with both the Jewish Communal Council and the Personal Status Court in Baghdad to act accordingly. The decision was issued on September 27, 1936, and Rajab 11, 1355. True copy Copy to remain in the personal file ⟦signature⟧
2882 18 October 936 His Eminence, the President of the Honorable Israeli Religious Court We return to you the lawsuit file numbered 825 concerning the case of Lulu daughter of Ezra Isaac Saleh along with the decision issued by the Reference Designation Committee numbered 936/2 and dated 27 September 1936. Please inform us of its arrival; On behalf of the Head of the Community ⟦H D Q⟧
Iraqi Government Baghdad Enforcement Deputyship A - D - 16 Please refer to the file number when replying Hijri Date: 29 - R - ⟦355⟧ Gregorian Date: 7 / 10 / 26 File Number: 20 / 2 / 24 Outgoing Number: 21382 To the Head of the Jewish Community in Baghdad Further to our letter No. 21009 dated 22 / 7 / 26 Please inform us what Lulu daughter of Ezra Al-Cohen Saleh has received from the proceeds of selling looted goods as stated below while returning our letter mentioned above as a file Enforcement Officer Vice President Fils | Dinar 517 | 678 Share of profits in the lease 20 / 2 / 24 Share of the deceased Lulu, wife, considering ten shares out of 40 shares from the lease numbered 24 / 2 / 20 848 | 121 255 | 810 Received by Mohammed
A. D / 16 Please refer to the File number and the Outbound number in the reply The Iraqi Government Presidency of the Baghdad Execution Office Hijri Date: 19 Dhu al-Hijjah ⟦1⟧355 Gregorian Date: 2 March ⟦1⟧937 File Number: T 36/8 Outbound Number: 7662 To the Head of the Jewish Community in Baghdad Reference your letter numbered 4037 and dated 24 / 11 / 936. The seizure of the assets belonging to the deceased Eliyahu Baruch Yehuda Ishua has been lifted, and you find attached a copy of the seizure release form stating such. Execution Accountant Deputy President of Baghdad Execution Attachments 1 copy of the seizure release form ⟦illegible⟧
4211 8 March 937 To The Vice Presidency of Enforcement Baghdad Reference to your letter No. 3583 dated 15 / 11 / 1352 corresponding to 28 / 2 / 934 An agreement has been reached between both parties to register the amount seized at Eastern Bank according to its letter to you No. D / 25 / 797 dated 21 / 3 / 1934, amounting to three thousand eight hundred and fifty-two Dinars and seven hundred and sixteen Fils, which is from the estate of the deceased Eliyahu Baruch Yehuda Shua, in the name of the Israelite Religious Court in Baghdad (as stated in the decision of the aforementioned court No. 852 dated 20 March 5697) Therefore, please inform the Eastern Bank in Baghdad of the manner to transfer the mentioned amount which is three thousand one hundred and fifty-two Dinars and seven hundred and sixteen Fils, and register it in the name of the Israelite Religious Court in Baghdad and inform us of the result; Red Sassoon Head of the Community
Number - 81 / Sh / 1937 Date - 14 June 937 2079 ( Copy ) Presidency of the Israelite Community in Baghdad With reference to your letter numbered 4330 and dated 25 May 1937 The court has decided today to annul the distribution of inheritance issued by this court dated 7 November 1933 under number 168/33 relating to the death of Eliyahu Baruch Yehuda <del>⟦illegible⟧</del> and the removal of the wife named Lulu daughter of Ezra Ishaq Saleh from the inheritance distribution and limiting the legacy of the mentioned deceased to his brothers and sisters only. Personal Status Judge True copy 17 June 937 ⟦illegible⟧
4254 17 June 937 His Eminence the President of the Israelite Religious Court in Baghdad, the respected We attach herewith a copy of the letter from the Judge of Personal Status matters No. 2079 dated 14 June 937 concerning the inheritance of the deceased Eliyahu Barukh Yehuda Shara' for your information; On behalf of The President of the Community ⟦Sassoon Khedhouri⟧
4294 27 June 937 21 Judge of Personal Status Matters Baghdad Further to our letter No. 4330 dated 25 May 937 and with reference to your letter No. 2079 dated 14 June 937 The Jewish Religious Court in Baghdad has informed us that it appeared in the testimonies of both parties the existence of another inheritance certificate issued by your court dated 30 November 936 and numbered 36/181 regarding the matter of the limitation of the inheritance of Habiba daughter of Eliyahu, the mother of the deceased Eliyahu Baruch Yehuda Shua, and the wife Lulu daughter of Ezra Isaac Saleh was considered in the mentioned certificate as an heir through her deceased husband Eliyahu Baruch Yehuda Shua, and since the wife has confessed to the forfeiture of her right to her husband's inheritance, please correct the mentioned certificate and exclude the aforementioned Lulu from the matter and inform us accordingly; For him Sassoon Head of the Community
Presidency of the Jewish Community Baghdad Number 4394 Date 27 June 937 (Copy) To The Personal Status Judge Baghdad Further to our letter No. 4330 dated 25 May 937 and with reference to your letter No. 2079 dated 14 June 937 The Jewish Religious Court in Baghdad has informed us that it appeared in the statements of the two parties that there is another distribution of inheritance issued by your court dated 30 November 936 and numbered 181 / 36 regarding the limitation of the inheritance of Habiba daughter of Eliyahu, mother of the deceased Eliyahu Baruch Yehuda Shua, and the wife Lulu daughter of Ezra Isaac Saleh was considered in the aforementioned distribution to be an heir through her deceased husband Eliyahu ⟦Baruch⟧ Yehuda Shua And since the wife has admitted to the forfeiture of her right to the inheritance of her husband, please correct the distribution mentioned above and remove the aforementioned Lulu from the matter and inform us of that. President of the Community A true copy of the original 15 July 937 ⟦illegible⟧
His Eminence the Head of the Community, Respectfully I have obtained a judgment from the Court of First Instance in Baghdad against the heirs of the late Barukh Yehuda Shua. The judgment grants me the amount of my dowry along with the confirmation of the provisional seizure placed on the deceased's funds at the Eastern Bank, and I have referred it to the Execution Department. It was necessary to review the seizure order issued by the aforementioned court along with a copy of the letter sent to your department on 2/28/1944, which includes the implementation of the seizure, but it was not found in the Execution Department due to the passage of many years. Therefore, I request that you order the issuance of a certified copy of the seizure decision and the aforementioned letter, and send it to the Execution Department enclosed with a letter you draft ⟦...⟧ to the indicated department. With much gratitude, sir, Lulu daughter of Ezra Cohen Salih IRAQ REVENUE 40 FILS 40 Fils 1/15/1948 92
p. 67 Sharia Execution Department in Baghdad Number 2583 Date 11/15/352 (and 2/28/934) To - The Head of the Jewish Community in Baghdad With reference to your letter number 2583 dated February 11, 934 Our department has implemented the precautionary seizure order enclosed in your aforementioned letter by placing a precautionary seizure mark on the three thousand one hundred fifty-two Dinars and seven hundred sixteen Fils present in the Eastern Bank from the estate of the deceased debtor Eliyahu Baruch registered to the account of the three persons mentioned in the seizure order as stated in the letter of the Directorate of said Bank number 7 / 25 / 797 dated 2/21/934, and also the items belonging to the estate of the aforementioned Eliyahu Baruch found in the Small Khan al-Muradia with the defendant Sion Baruch, valued at one hundred eighty-one Dinars and eight hundred Fils, have been seized and deposited with the third party, the distrainor Sayyid Haidar bin Al-Sayyid Jamil; Head of Sharia Execution True copy July 28, 937 Presidency of the Jewish Community - Baghdad The President of the Jewish Community Baghdad 1932 Presidency of the Jewish Community in Baghdad ⟦illegible⟧
Presidency of the Jewish Community Baghdad No. 1203/98 Date 27 Shawwal 1352 and 11 February 934 Subject - Precautionary attachment on the estate of the deceased Eliyahu Baruch Yehuda Shua Plaintiff: Lulu Ezra Isaac Saleh Defendant: Sion Baruch Yehuda Shua Since the Jewish Religious Court in Baghdad has decided to place a precautionary attachment on the estate of the deceased Eliyahu Baruch Yehuda Shua as security for the fulfillment of the dowry of his wife, the plaintiff Lulu Ezra Isaac Saleh, in the amount of three thousand Ottoman Gold Liras equivalent in Iraqi Dinars as stated in Decision No. 2570 dated 4 February 934, and since the Sharia Execution Department has assigned the representative of the plaintiff Lulu with the necessity of clarifying how the attachment is placed and the funds required to be seized and the names of the three persons who hold the estate funds, it was therefore decided as a clarification of this request as stated in the letter of the ⟦Presidency⟧ of the mentioned court No. 825 dated 23 Shevat 5694 Hebrew to place a precautionary attachment on the estate of the deceased in the amount of three thousand Ottoman Liras equivalent in Dinars Iraqi as follows: 1 - Placing the attachment on the estate assets located in Khan al-Muradia al-Saghir and on the cash found in the estate chest in the mentioned Khan. 2 - Placing the attachment on the estate cash found in Eastern Bank - Baghdad in the name of the defendant Sion Baruch Yehuda Shua, Salman Ezra Isaac Saleh, and Abdullah Ibrahim Somikh as a result of the agreement of the heirs' representatives dated 30 November 1933. This decision is to be submitted to His Excellency the Head of Sharia Execution in Baghdad for implementation and notifying a copy of it to the third party, Eastern Bank in Baghdad, and to the defendant Sion Baruch Yehuda Shua; President of the Jewish Community Baghdad True Copy 28 July 937 Committee of the Jewish Community in Baghdad The President of the Jewish Community Baghdad 1932 Presidency of the Jewish Community in Baghdad