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File No.: Name:: Address:: Date:: From: 19 to: 19 Reference: ⟦illegible⟧ H - ⟦illegible⟧ - ⟦illegible⟧ Company 122
IJA 3776
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
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This 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.
AI English Translation, Pages 1-25
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To the honorable Governor of Personal Matters at the Court of First Instance in Baghdad, respected, The woman named Lulu, daughter of Ezra son of Isaac Saleh, wife of the deceased Eliyahu son of Baruch son of Yehuda, has claimed in this Jewish Religious Court against Zion son of Baruch son of Yehuda, one of the heirs of the aforementioned deceased, in his capacity as one of the heirs of the aforementioned deceased Eliyahu, to recover the amount of her dowry from the estate of her late husband, Eliyahu. Since, according to the provisions of Jewish religious laws, hearing a matrimonial case for the recovery of her dowry from her husband's estate does not necessitate the forfeiture of her right of inheritance from her husband's estate. Furthermore, the aforementioned claimant Lulu stated voluntarily during the trial of this lawsuit before this Religious Court that she has waived her right to the hereditary share from her husband's estate and has restricted her right to receiving her dowry only, in accordance with the provisions of Jewish religious laws, and this statement was recorded in the court record. And since it was stated in Article 79 of the Basic Law and Article 14 of the Jewish Community Law No. 77 of 1931 that the consideration of dowry lawsuits falls under the absolute jurisdiction of the Community Religious Court, which necessitates that the ruling on the conditions of the wife's entitlement to the dowry is also within the jurisdiction of the Religious Court, and the ruling on the forfeiture of her right to her hereditary share from her husband's estate when claiming her dowry from it is among the conditions of her entitlement to the dowry. Furthermore, according to the two aforementioned articles, the jurisdiction of the Community Religious Court also extends to ruling on all other personal status matters related to members of the communities upon the agreement of the litigants. As the aforementioned wife Lulu agreed to restrict her right in her husband's estate to taking her dowry only and waived her right to her hereditary share from the said estate in accordance with Jewish religious laws, and the aforementioned adversary agreed to that, this court has ruled the forfeiture of the right of the aforementioned wife Lulu to her inheritance share from her husband's estate and restricted her right from the estate to taking her dowry from it only. This court's aforementioned ruling was accompanied by the ratification of the Jurisdiction Determination Committee in the Court of Cassation by its decision dated September 27, 1936 ⟦the initial⟧. As for the fact that before the aforementioned wife Lulu filed a lawsuit against her husband's heirs to recover her dowry from her husband's estate, a decree of distribution (Qassam) was issued by your respected court dated November 7, 1933, correcting the inheritance matter of the heirs of the aforementioned deceased Eliyahu son of Baruch, on the basis that his aforementioned wife Lulu was among the number of heirs. According to the ruling issued by this court regarding the forfeiture of her right to an inheritance share from the estate of her aforementioned husband, the clause of the mentioned Qassam stating the inclusion of the aforementioned wife Lulu among the heirs and allocating a hereditary share to her from the estate of her aforementioned husband has legally lapsed. Keeping the aforementioned Qassam as it is poses the risk of the aforementioned wife claiming a hereditary share from her husband's estate while also receiving her dowry, and this is not permissible. Therefore, it is necessary to notify your respected court to annul the aforementioned Qassam and issue another new Qassam that includes the correction of the inheritance matter of the heirs of the deceased Eliyahu, on the basis of removing the aforementioned wife Lulu from the number of his heirs and correcting the inheritance matter for the heirs of the deceased Eliyahu excluding the aforementioned wife, and to send to this court a copy of the new Qassam that you will issue. President ⟦...⟧ Deputy ⟦...⟧ ⟦illegible signature⟧ President of the Religious Court To the Religious Court
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Presidency of the Jewish Community - Baghdad Presidency of the Israelite Community PRESIDENT OF THE JEWISH COMMUNITY - BAGHDAD in Baghdad Number: 1202 / 98 NO:: Date: 27 Shawwal 1352 and 11 February 1934 DATE:: Subject: For the precautionary attachment on the estate of the deceased Eliyahu Baruch Yehuda Sua SUBJECT: ⟦line⟧ Plaintiff: Lulu Ezra Isaac Saleh Defendant: Zion Baruch Yehuda Sua Since the Israelite Religious Court in Baghdad has decided to place a precautionary attachment on the estate of the deceased Eliyahu Baruch Yehuda Sua to ensure 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 the decision numbered 2570 and dated 4 February 1934. And whereas the Secret Execution Department tasked the agent of the plaintiff Lulu with the necessity of clarifying how the attachment is to be placed, the assets requested to be attached, and the names of the certain persons who hold the assets of the estate, it was therefore decided, as a clarification of this request as stated in the letter from the Presidency of the aforementioned Court numbered 825 dated 23 Shevat 5694 Hebrew, to place the precautionary attachment on the estate of the deceased in the amount of three thousand Ottoman liras equivalent in Iraqi Dinars in the following manner: - 1) Placing the attachment on the assets of the estate located in the Small Muradiya Khan and on the cash found in the estate's safe in the aforementioned Khan. 2) Placing the attachment on the estate's money located in Eastern Bank - Baghdad in the name of the defendant Zion Baruch Yehuda Sua, Salman Ezra Isaac Saleh, and Abdullah Ibrahim Somikh as a result of the agreement of the heirs' agents dated 30 November 1933. This decision is to be submitted to His Excellency the Head of Secret Execution in Baghdad for implementation and to notify a copy of it to the third party, Eastern Bank in Baghdad, and to the defendant Zion Baruch Yehuda Sua. On behalf of President of the Israelite Community in Baghdad
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The Court of Justice of the Holy Community Baghdad, may God protect it The Israeli Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD ⟦line⟧ No. 825 Date 16 Shevat 5702 Year 5694 Before us appeared Ma'tuq Hayyim Ephraim and Ephraim ⟦...⟧ In the matter of ⟦...⟧ This was clarified from ⟦...⟧ that the company of ⟦...⟧ from ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦illegible signature⟧ Yehoshua Moshe Hugi Aboudi ⟦...⟧ Presidency of the Israeli Community Baghdad Special Number 1222 Date 11 / 2 / 942
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257 20 Shawwal 1352 and 4 February 934 To the Honorable President of Legal Execution Based on what was decided by the Israeli Religious Court in Baghdad on February 16, 5694 (A) We hereby request the placement of a precautionary seizure on the estate of the deceased Eliyahu Baruch Yehuda Shoah in the amount of three thousand Gold Ottoman Liras (provided that this amount is equivalent in Iraqi Dinars) as security for the rights of his wife Lulu daughter of Ezra Isaac Saleh, documented in the marriage contract; On behalf of The President of the Israeli Community ⟦signature⟧ ⟦stamp⟧ 59 ⟦stamp⟧ Raad Effendi These are all the papers attached regarding the estate of ⟦Vajo Jikla⟧ ⟦signature⟧ 2/24/934
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25 82 27 Shawwal 1352 and 11 February 1934 His Excellency the President of the Sharia Execution in Baghdad, respected Greetings and respect Further to our letter No. 2570 dated 4 February 1934 I submit to you herewith the precautionary seizure decision with two certified copies of it, requesting the issuance of the order for its execution and the notification of the third party ⟦Eastern Bank⟧ and the defendant Sion Baruch Yehuda accordingly; On his behalf Head of the Community Head of Execution 59 ⟦illegible⟧ ⟦illegible⟧ Copy
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General Form (11) Page 674 From the General Discipline Department in Baghdad To the Head of the Jewish Community in Baghdad Number: 2582 H Date: <del>25</del> 27 / 5 / 955 Memorandum: With reference to your letter No. 781 dated February 8, 955 Our department has implemented the disciplinary seizure decision mentioned in your letter by placing a precautionary seizure mark on the three thousand one hundred and fifty-two dinars and seven hundred and nineteen fils located 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 decision, as stated in the reply of the mentioned Bank Directorate No. L/797 dated 4 / 5 / 955. Also, the items belonging to the estate of the late Eliyahu Baruch, which were found in the Small Medicine Khan with the person named Zion Baruch and estimated precautionarily at one hundred and eighty-one dinars and 860 fils, have been seized and deposited with the third party, Haj Sayyid Haidar bin Sayyid Majid. Head of General Discipline ⟦illegible⟧ Head of the Jewish Community Baghdad Special Number 1292 Date 8 / 6 / 955 A copy of it is to be made for the Religious Court file ⟦signature⟧
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2664 15 April 934 ⟦illegible⟧ His Eminence, the President of the Honorable Jewish Religious Court Reference to your letter No. 825 dated 16 February 934 We provide below a copy of the letter from the Sharia Execution Department official regarding the precautionary attachment on the estate of the deceased, the late Eliyahu Baruch Yehuda Shokh; On behalf of The Head of the Community ⟦line⟧ From the Sharia Execution Department in Baghdad, No. 2583 Kh To the Head of the Jewish Community in Baghdad, Date 15 / 11 / 352 and 28 / 2 / 934 With reference to your letter numbered and dated 11 February 934 Our department has executed the precautionary attachment order contained in your aforementioned letter by placing a precautionary attachment notice on the three thousand one hundred and fifty-two Dinars and seven hundred and 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 attachment order as stated in the reply of the aforementioned Bank management No. L / 797 / 25 dated 21 / 2 / 34. Also, the items belonging to the estate of the aforementioned Eliyahu Baruch, which were found in Khan al-Muradiya al-Saghir with the defendant Zion Baruch, have been seized. Their value is estimated at one hundred and eighty-one Dinars and eight hundred Fils, and they were deposited with the third party, the Khan owner Mr. Haydar bin Al-Sayyid Jamil; Execution Officer Head of Sharia Execution 59
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To the Honorable President of the Israeli Religious Court Baghdad Honorable President, Regarding the case of my dowry according to Article (14) Paragraph (1) of the Israeli Community Law No. 77 of 1931 against the defendant Samoun Baruch Yehuda Shohet, one of the heirs of the deceased, the late Eliyahu Baruch Yehuda
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2 The defendant, Sion, had been secured by the esteemed court by its decision dated 11 February 934 by placing a seizure on the estate, including an amount of (3152) Iraqi Dinars seized at the Eastern Bank in Baghdad and an amount of (181) Dinars for the value of property seized in Khan al-Muradiya al-Saghir according to the last Sharia letter numbered 2583 H and dated 28 / 2 / 934 to the Presidency of the Community. Upon adjusting the mentioned dowry amount in view of the necessity of adjusting the Lira price on the date of maturity according to the ministerial response to you numbered A / 18 / 2 and dated 13 September 1934 and the verification of the Lira price at a rate of (18) Rupees and (14) Annas as stated in the letter of the Eastern Bank in Baghdad dated 22 March 1935 in response to your letter to it numbered 825 and dated 17 March 1935, it clearly appears that it equals the amount of (56625) Rupees at a rate of (75) Fils per Rupee, thus equaling the amount of (4246) Dinars and (875) Fils. As for the remainder of this unsecured amount, it consists of (912) Dinars and (139) Fils, this is if the value of the seized properties remains protected from a price drop. As for the amounts that were requested and I request now also to be secured by seizure or by placing its equivalent in cash in the court's fund, they are: - 912 / 139 | The remainder of the unsecured dowry amount 456 / - | The value of the alimony estimated by the esteemed court as alimony for the Sharia waiting period ( 400 / - | My jewelry in the deceased's box which is under the disposal of the defendant Sion | which the <del>right</del> oath was directed to him that it belongs to me and <del>was not</del> did not belong to the deceased | that oath which I am ready to take. These pieces of jewelry are worth no less | than (400) Dinars 224 / 780 | The value of the corrections which are a claim of mine against my late husband according to his ledger | certified by the Baghdad Notary Public, currently in the custody of the defendant Sion | just as this ⟦matter⟧ is proven by the testimony of Ibrahim Hilali - | the clerk - and Salman Robin Daboura and Asher Farhana (among my husband's partners) | As for the presentation by the defendant Sion's attorney of a ledger containing a current account in the name of | (Lilo Aziz), it was nothing but ⟦fallacy⟧ first and misleading the esteemed court second. 1581 / 919 | A period of more than a year and a half has passed on this simple case and the esteemed court has not settled it, while it knows the reality of the facts that the defendant Sion is the one in possession
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- 3 - on the estate and on the household furniture, carpets, and even on my jewelry which was placed in the trunk of my late husband and which is under his control. Allegations of gift and generosity to Ashir and his companions When the dowry case had reached its conclusion, the defendant's attorney, Salman Shina Effendi, made a claim with the intent of misleading the court to push it beyond its jurisdiction and to deviate from Sharia rulings knowingly and by choice. This claim is his allegation that I gifted my entitlement of the sum of (3000) dinars to the partners of my late husband, who are (1) Ashir Farhana (2) Yehui Eliyahu Lewi (3) Salman Daboura. That entitlement at the rate of a quarter is my inheritance entitlement amounting to (800) Iraqi dinars and fractions, which he requested to be deducted from the dowry amount. In support of this claim, he produced the agreement of November 5, 1933, concluded with these partners and heirs all of them. Since the wording of this agreement does not support his claim, he also tried to produce the ledgers of the deceased's partners for the purpose of procrastination and delay. The legal points on this subject are: 1- The agreement of November 5, 1933, according to its requirements, does not contain either a gift or generosity to the partners, but rather all that was stated in it is that these partners who had established a limited partnership company registered in the Baghdad Court of First Instance under number (8) and dated April 24, 1932 under the name "Ashir Farhana, Yehui Eliyahu Lewi and Partners" had agreed with the heirs to liquidate this estate and hand over its funds, claims, debts, and ledgers to the heirs provided that they serve them in liquidating and disposing of the funds under the management of the established liquidator, the defendant Sion, in exchange for a commission of (6) percent on the disposal, and both contracting parties acknowledged the existence of losses in this company in which my late husband was a silent partner (commandite). This agreement is signed by the defendant Sion himself and by the rest of the heirs under the name of the First Party. Since this agreement was concluded according to Article (64) of the Law of Procedure, looking into it and into the mentioned company's ledgers is outside the jurisdiction of the sectarian court specified in paragraph (1) of Article (14) of the Jewish Community Law by listing the subjects (1) Marriage (2) Divorce (3) Separation (4) Wife's alimony (5) Validation of wills unless validated by the notary public, that period which explicitly excludes other personal matters by saying: "Except for matters belonging to the jurisdiction of the competent civil courts for members of the community." And the civil and personal matters that belong to the civil courts (civil and commercial matters and personal matters such as inheritance, wills, and others) are according to Article (11) of
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4 Statement of the courts with the exception of the sectarian jurisdictions mentioned in Article (22) of the Civil Courts Ordinance of 1918. Among the civil and commercial matters is the issue of auditing the contract of November 5, 1933 concluded according to Article (64) of the Law of Procedure. Among the commercial matters is the auditing of the limited partnership company, inspecting its books, and looking into its liquidation, which falls under the provisions of the commercial laws. All these matters, in addition to the fact that they were not personal matters outside the jurisdiction of paragraph (1) of the mentioned Article (14) and also outside the exception related to other matters and personal status, rather they fall within the scope of the jurisdiction of the civil courts according to Article (74) of the Basic Law. 2 - Paragraph (2) of Article (80) of the Basic Law states that: "The inheritance and freedom of will shall also be determined by law, "and other personal status matters "which are not within the jurisdiction of the sectarian "spiritual councils." It is not hidden that this law intended by this constitutional paragraph has not been enacted until now. Therefore, Article (23) of the Civil Courts Ordinance of 1918 is regarding inheritance and wills by force of law ⟦now⟧ until the aforementioned intended law is enacted. The mentioned constitutional paragraph and Article (23) of the mentioned ordinance, in terms of their content, prevent sectarian courts from interfering in personal matters that are outside their jurisdiction and which fall within the jurisdiction of the civil courts. How much more so are the sectarian courts prohibited from interfering in civil and commercial matters (the contract and company books) which are covered by the ruling of Article (74) of the Basic Law by making them within the jurisdiction of the civil courts. The Sharia points for this topic are: 1 - The contract of November 5, 1935, was signed by my agent with the rest of the heirs under the name of one party with a power of attorney not certified by the Religious Court, while this court does not consider legally valid except for a power of attorney certified by it under religious ⟦orders⟧. On this basis, the Religious Court is legally prohibited from auditing a paper with a power of attorney not certified by it. 2 - The action of the agent is not considered legally valid except when it brings benefit to the principal. If the agent's action deprives the principal of rights, there is no legal weight to this action. Applying this Sharia rule, the claim regarding the gift to Ashir and his colleagues must be rejected, given that the illegal agent deprived his principal of rights according to the claim. This is in addition to the fact that the contract itself does not contain a gift or generosity; its wording refutes the claim in this regard.
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3 - The contract of November 5, 1933, which bears the signature of my agent and the signature of the defendant himself and the rest of the heirs under the name of the first party, and they are under one single party, so how is it permissible for one member of this party to demand to obtain a benefit from another member of the same single party? This is not acceptable either legally or religiously. In view of the preceding legal and religious observations, it was the duty of the court not to pay attention to the alleged claim of the defendant, but unfortunately, it deviated from the legal and religious subject due to the absence of an appointed lawyer authorized to guide it on the subject of legal articles and the rules of pleading according to paragraph (7) of Article (14) of the Law of the Israeli Community. It also delved into the subject on December 23, 1934, regarding the necessity of electing a special committee to determine whether there was an interest for the heirs to conclude the contract of November 5, 1933 (while the interest of the heirs is realized according to the text of the contract itself), then its reversal from investigating that and its desire to inspect the books of the Ashir Farhana and Partners Company according to the final stage reached in this regard." The Offense of Lawyer Salman Shina Effendi ⟦line⟧ The lawyer Salman Shina Effendi, the agent of the defendant Zion, was proud of committing excesses and mistakes in the matter of lawyering as a result of the propaganda he gives himself to promote his business, such that the matter led to him committing the crime of insult, cursing, and contempt against me in the courtroom in the presence of the judicial panel, the clerk, Yaqub Effendi Moallem Nassim, and other witnesses present, without the honorable court stopping him for reasons known only to God and the honorable judges. This daring lawyer who committed the legal crime openly by violating the law and what the legal profession requires of duties according to the Bar Association Law. I have requested from the honorable court a report on this witnessed crime to the competent authority in my previous petitions and in the two notices served to the honorable court. And by this notice also, I request with all urgency the issuance of this requested report. Injustice and Oppression Leading to Complaint ⟦line⟧ 1 - The remaining amount of my rights, which is ⟦unsecured⟧, totaling (1581) Dinars and (919) Fils, as detailed in the heading (Origin of the Case) shown above. I have previously requested with urgency to secure this amount from the estate's funds held by the defendant Zion in his capacity as a fixed liquidator according to the contract dated November 5, 1933, attached among the case papers, and this is also supported by the liquidation contract bearing his signature dated July 30, 1933, discussed in the seizure decision of your honorable court numbered 3/98 and dated February 11, 1934. So, the failure to charge the defendant Zion with depositing the mentioned amount, which is (1581)
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6 dinars and (919) fils in the court treasury or seizing the estate's money for what corresponds to this amount which is considered an obligation for him and his agent Salman Shina Effendi, the perpetrator of the legal crime in the court hall, and this pertains to the refusal to achieve justice; and on this occasion, I have no choice but to draw the court's attention to the Sharia rule which states: "Judges, while in session, must maintain dignity "out of reverence for God Almighty and constant fear of Him, imagining "that His sword is drawn over necks and His hell is open "under feet and that He is an overt avenger etc." and that they should judge "with justice [etc]" See Al-Maraje' page 8, M 8, Sec 4, and also Sec 10, B "and page 152 L" 2 - Violation of Sharia rulings requiring the prioritization of widow's rights and making them urgent matters and the speed of giving her her rights as required by Sharia rulings, and despite the appeals in prayer on the day of the Fast of Atonement (Yom Kippur) by seeking mercy from the Creator, Glory be to Him, to forgive the sins of all orphans and widows - delaying the case without resolution for a period exceeding a year and a half, and failing to provide the report regarding the crime of lawyer Salman Shina Effendi and his commitment to his client, the defendant Zion Barikh, which leads to the refusal to achieve justice. 3 - Deviating from legal provisions in terms of jurisdiction and violating Sharia rulings as detailed in the title "The Alleged Gift Case is Outside the Court's Jurisdiction" regarding the attempt to request a reduction of the amount of (450) dinars from the dowry amount, which is considered an obligation for lawyer Salman Shina Effendi who is trying to cover up his crime and secure the interest of the defendant Zion, which leads to injustice and refusal to achieve justice. 4 - The members of the honorable court openly stated regarding the delay of the dowry case for another two years to satisfy the wishes of the defendant Zion Barikh and his agent Salman Shina Effendi, the perpetrator of the legal crime in the court hall, which draws attention on one hand, and on the other hand the alliance agreement between the sectarian judicial men and the head of the sect regarding collusion over the judiciary in conducting deceptive matters according to the desires of the influential people who continue their meetings in this regard, which necessitates astonishment; and this is, of course, without constant fear of God or imagining that His sword is drawn over necks and His hell is open under feet and that He is an overt avenger as stated in the Sharia rule mentioned above. It is not hidden from the honorable court that despair has occurred among the litigants as a result of that, and the belief has been formed from that there is no benefit in reconsidering the decisions according to paragraph (3) of Article (14) of the Sect Law, and there is also no benefit in the condition stipulated in the phrase
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2 The last part of the third and final paragraph which states: "On the condition that none of them was a member "of the court that issued the contested judgment" As long as the aforementioned judges' public expression exists and their opinions are openly visible, and the alliance agreement <del>specialized</del> is felt among them, and the legal supervisor is missing as a result of the incomplete formations by commitment to implement the mentioned obligation, that legal supervisor who is the lawyer who must be appointed as a sectarian official to guide the court regarding legal articles and pleading procedures as required by paragraph (7) of Article (14) of the Sectarian Law. I ask your pardon to say that authority must be coupled with the justice required by Sharia accompanied by the judges' fear of God and the visualization that His sword is drawn over necks and His hell is open under feet and that He is a mighty avenger. Authority without this justice leads to injustice, and injustice leads to a complaint by the oppressed to the competent authorities in terms of repelling injustice as a result of the failure to achieve justice. 5 - Failure to provide the report requested with urgency regarding the crime of Salman Shina Effendi committed in the courtroom, which leads to his commitment and the commitment of his client, the defendant Zion, and this relates to the failure to achieve justice. Result of the Demands ⟦line⟧ I request the implementation of the following demands: 1 - Considering my representative dismissed if he does not support the contents of this warning and request the implementation of its demands. 2 - Compelling the defendant Zion to hand over my belongings in view of my readiness to pay the directed debt, and upon his refusal to hand them over, compelling him to pay their value in an amount not less than (400) Dinars. 3 - Compelling the defendant Zion to pay the morning amounts, which is (224) Dinars and (780) Fils according to the certified ledger of the deceased which is under his control. 4 - Deciding to secure the remaining amount for me, which is (1581) Dinars and (919) Fils, either by forcing the defendant Zion to place this amount in the court's treasury from the estate's funds in his possession or by placing a seizure on the estate equivalent to this amount. 5 - Requesting guidance from the esteemed Ministry of Justice regarding the consideration of the agreement of November 5, 933 which was presented by the defendant's representative and in the commercial ledgers of the company Ashir and his partners, which is outside the jurisdiction of the respected court, as it previously requested guidance from the aforementioned Ministry.
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8 In determining the price of the Ottoman gold lira and its operation according to the ministerial response numbered A / 2 / 18 / and dated September 13, 1934, in implementation of the purpose of paragraph (7) of Article (14) of the Community Law. 6 - Issuing the decision to hand over to me the seized amount at the Eastern Bank in Baghdad, which has been proven to belong to me, except for the remaining amount due to me, which is (1581) Dinars and (919) Fils, which I request to be secured and documented as stated in the fourth paragraph above. This is what had to be presented to your Eminence, and the matter is yours. The Plaintiff Lulu daughter of Ezra Isaac Saleh Widow of The late Eliyahu Baruch Yehuda Shua ⟦line⟧ August <del>1935</del> ⟦line⟧ August 29, 1935 A copy of it to His Excellency the Minister of Justice to look into the imbalance of the communal judiciary according to the detail contained in this warning, which will be a prelude to the complaint that I will file after the end of the warning period with the aim of removing injustice and achieving justice. The President of the Jewish Community in Baghdad to draw his attention to how my late husband helped him in his request during his ordeal that was between the Rabbis, while in my case he turned against me and began working against me for corrupt purposes and goals that lead to his accusation through the competent authorities, which I will expose in the complaint after the end of this warning period. IRAQ POSTAGE & REVENUE 20 20 FILS FILS ⟦illegible⟧ 29 / 8 / 35 Notification This petition was presented by Lulu daughter of Ezra Isaac Saleh, and she requested its notification to the President of the Jewish Religious Court, the President of the Jewish Community, and the Honorable Ministry of Justice. I responded with a copy of the papers for notification, the second and third for information, and the fourth was kept in this department in response to the request on August 29, 35. The fee of four hundred and fifty Fils was collected. General Number 519
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Iraqi Government Ministry of Justice Please refer to the general number Department: Legal Drafting Bureau General Number: 1268/25/A Private Number: Telegraphic Address: Adliya Date: 15 / September / 1935 17 / Jumada al-Akhirah / 1354 Subject Summary: The estate case of the deceased Eliyahu Barukh. The Head of the Jewish Community in Baghdad With reference to the notice given by Lulu daughter of Ezra Ishaq Salih, wife of the deceased Eliyahu Barukh, to the Head of the Jewish Religious Court in Baghdad, dated August 29, 1935, a copy of which was sent to you. We request that you provide us with the necessary clarifications regarding what was stated in the aforementioned notice. ⟦signature⟧ Acting Minister of Justice ⟦illegible⟧ ASH / 14 ⟦illegible red smudge⟧
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⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ 2274 17 September 935 His Eminence the President of the Jewish Religious Court in Baghdad, the respected Enclosed you will find a copy of the Ministry of Justice letter No. 1268/25/1 dated 35/9/15 to respond to its contents; ⟦illegible⟧ ⟦On behalf of⟧ Head of the Community
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Ministry of Justice Legal Codification Bureau Division Number - 9 / 25 / 1268 Date - 15 / September 1935 17 Jumada al-Akhira 1354 Subject Summary - The estate case of the deceased Eliyahu Baruch Head of the Jewish Community in Baghdad With reference to the notice given by Lulu daughter of Ezra Ishaq Saleh, wife of the deceased Eliyahu Baruch, to the Head of the Jewish Religious Court in Baghdad, dated August 29, 935 of which a copy was sent to you - We request that you provide us with the necessary clarifications regarding what was stated in the aforementioned notice; Undersecretary of the Ministry of Justice Enclosed is the original 17 / 9 / 35 ⟦illegible⟧
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The Court of Justice of the Holy Community Baghdad, may God protect it The Jewish Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD ⟦line⟧ No.: 825 Year: 5695 Date: 24 Adar II 5755 Before us Moshe son of Yosef Salman ⟦...⟧ 6 Hazon And between his wife ⟦...⟧ daughter of Daniel In the matter of 6 maintenance (alimony) And after we heard their words and their claims ⟦...⟧ That 6 husband 6 is obligated both by Torah law and by the laws of the state to pay maintenance While he is alive and also after his death 6 he is obligated to give her maintenance 6 Lira ⟦...⟧ And every month 6 and month ⟦...⟧ maintenance except from the day ⟦...⟧ maintenance (and the time of maintenance 6 month 6) Which ⟦...⟧ in it ⟦...⟧ 6 month 6 and also ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ 6 month 6 And this shall be as the force of law 6 Hazon from today and she shall have no claim or appeal ⟦...⟧ 6 month 6 Any claim 6 and appeal ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ Ezra Dangoor Hakham Bashi
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2287 24 September 935 25/ Ministry of Justice Reference to your letter No. 1268/25/1 dated 15 September 935 The lawsuit formed between Lulu daughter of Ezra Ishaq Saleh and Zion Baruch Yehuda is a lawsuit claiming a marriage contract amount for the plaintiff which is owed to her by her deceased husband Eliyahu Baruch, and the court ruled for the plaintiff in her claim on the condition that there be deducted from it (according to the requirements of Israeli law) everything the wife received from the husband during his lifetime and what she receives after him from the estate. It remains for the wife to attend the court to verify this matter in order to rule for her for the remaining amount in addition to the estate; Head of the Community To the respected Head of the Israeli Community to send a copy of the minutes with the required answer about which school ⟦Ramua⟧ entered, and our matter is urgent
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His Excellency the Respected Minister of Justice Your Excellency, With reference to Your Excellency's letter dated September 15, 1935, under file number A/26/1935 to the Presidency of the Community in Baghdad regarding my case ⟦illegible⟧ ⟦line⟧ The warning period of fifteen days specified in the warning sent to the Presidency of the Israeli Religious Court via the Notary Public of Baghdad on August 26, 1935, has passed. A copy of it was sent to Your Excellency for the purpose of scrutinizing the dysfunctional communal judiciary, in the hope that I would submit the complaint after the end of the warning period to remove injustice and then establish justice. Also, a copy of this warning was officially delivered to the Presidency of the Community via the Notary Public of Baghdad. And since the esteemed Ministry requested from the Presidency of the Community on September 15, 1935 - to provide the necessary clarifications regarding what was stated in the aforementioned warning before waiting for the filing of the complaint by me, I therefore see it necessary for me to request from the referred court a copy of the session minutes to be attached to the required response from your esteemed Ministry, so that I may then be able to provide the answer based on these minutes and on the answers given regarding what was stated in the mentioned warning to clarify the case and proceed with the complaint regarding the removal of injustice and the establishment of justice in view of the legal reasons that I will present in this complaint. This matter is for Your Excellency ⟦line⟧ The Plaintiff Lulu daughter of Ezra Isaac Saleh Wife of The late Eliyahu Baruch Yehuda Shara'? Baghdad, September 23, 1935 IRAQ POSTAGE & REVENUE 40 FILS 40 Fils Lulu Ezra A copy of it To the Respected President of the Israeli Community to send a copy of the minutes with the required answer, as I am ready to pay the fee or the copying charge.
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Iraqi Government Ministry of Justice Please refer to the general number Department: Editing Number: 4/464/25 Private Number: Telegraphic Address: Adliya Date: 16 Ramadan 1354 14 December 1935 Subject Summary: The case of Lulu daughter of Ezra Isaac Saleh regarding the estate of the deceased Eliyahu Baruch. Presidency of the Jewish Community Baghdad The Presidency of the Jewish Community ⟦illegible⟧ in Anbar Mosul has ⟦illegible⟧ to the Presidency of the Jewish Religious Court by a letter from Baghdad dated 26 August 935 a copy of it to Your Excellency regarding the settlement of the community's cases ⟦illegible⟧ Today we request to be informed of the stage reached in the aforementioned case with a statement of the reasons for the delay in its resolution. And since the esteemed Ministry wrote to the Presidency of the Community on 25 September 1935 ⟦illegible⟧ the necessary clarifications regarding what was stated by the Acting Minister of Justice mentioned previously, therefore I see it necessary to measure ⟦illegible⟧ from the referred court a copy of the session minutes to decide the required answer from your administration ⟦illegible⟧ a night after which one does not think well ⟦illegible⟧ in these minutes and on the answers given regarding what was stated in ⟦illegible⟧ the mentioned ⟦illegible⟧ committee points out the removal of injustice and the realization of truth. Presidency of the Jewish Community in Baghdad Number 2717 Date 22/12/935 The Plaintiff Lulu daughter of Ezra Isaac Saleh Wife of The late Eliyahu Baruch Yehuda ⟦illegible⟧ To the Honorable President of the Jewish Community to send a copy of the minutes with the required answer, provided that I am ready to pay the fees and copying costs M. A. A.
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Editing A/264/25 19 Ramadan 1354 14 December 1935 Legal distribution of Lulu daughter of Ezra Isaac Saleh related to the estate of the deceased Eliyahu Baruch. Head of the Jewish Community Baghdad Please inform us of the stage reached by the aforementioned legal distribution with the reasons for the delay in its resolution. A ⟦illegible⟧ On behalf of the Undersecretary of the Ministry of Justice Head of the Jewish Community Baghdad Special number 2717 Date 20 / 12 / 35 A 491
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2501 17 December 1935 The case of Lulu daughter of Ezra Isaac Saleh regarding the estate of the deceased Eliyahu Baruch The Honorable Chief of the Jewish Religious Court in Baghdad The Ministry of Justice requested from us in its letter No. A/35/36 dated 19 Ramadan 354 and 14 December 935 to inform it of the stage reached in the above-mentioned case with the reasons for the delay in its resolution. We request your response to this request. ⟦signature⟧ Head of the Community ⟦illegible stamp⟧ M 1