Voices from the Archive

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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Description

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.

Metadata

Archive Reference
IJA 3776
Item Number
12387
Date
Approx. January 1, 1931 to December 31, 1940
Languages
Multiple Languages
Keywords
Financial, Employment, Judeo-Arabic, Jewish Religious Court, Revenue Stamp, Ministry of Justice, Head of the Court of Cassation – Iraq, Legal Codification Bureau, File Folder, Typed, Baghdadi Jewish Community, Legal, Ink Stamp, Labor, Letterhead, Inheritance, President of the Jewish Community, Court of Iraq, Correspondence, Annotation, Jewish Shara’ – Court of Revision

AI English Translation, Pages 76-100

Archival unit 76

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

Archival unit 77

4252
28 July 937
Execution Presidency Prosecution Baghdad
Based on the request of Lulu Ezra Isaac Saleh, we submit to your department a copy of the decision
of the Israeli Religious Court No. 1203/98 dated 27 Shawwal 1352 and
11 February 1934 regarding the imposition of a precautionary seizure on the estate of the deceased Eliyahu Baruch
Yehuda Shua, and a copy of your letter No. 2583 Akh dated 15/11/352 and 28
February 934 regarding this matter;
⟦illegible⟧
On behalf of
Head of the Community

Archival unit 78

The Court of Justice of the Holy Community
Baghdad, may God protect it
The Israelite Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
Year: 5697
No.: 825
Date: 12 March 1937
Moshe son of Abraham Salman Dabash ⟦...⟧
⟦...⟧ from ⟦...⟧ ⟦...⟧ ⟦...⟧ in Baghdad
After ⟦...⟧
Has ⟦...⟧ ⟦...⟧ Baghdad ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧
Hazani ⟦...⟧
⟦...⟧ ⟦...⟧
Hazani ⟦...⟧

Archival unit 79

The Religious Court of the Holy Community
Baghdad, may God protect it
The Jewish Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
⟦line⟧
Number: 569
Year:
No.:
Date: July 21, 1937
Plaintiff: Lulu Ezra Isaac Saleh
Defendant: Zion Baruch Yehuda, in addition to the estate of the deceased Eliyahu Baruch Yehuda
<del>⟦illegible⟧</del>
The plaintiff, Lulu Ezra Isaac Saleh, approached our religious court and demanded her dowry
documented in the marriage contract. During the proceedings, her marriage contract was examined and it appeared to be free of
forgery and fabrication, speaking of the deceased husband's acknowledgment to his wife, the plaintiff, of her dowry. Accordingly,
and after she was administered the oath of manifestation in the presence of the aforementioned defendant Zion, the court
ruled for the plaintiff Lulu the amount of 3017/360, three thousand and seventeen dinars and three hundred
and sixty fils, in addition to the estate of her deceased husband. Accordingly, the court decided to confirm the precautionary seizure
issued by the religious court according to the letter from the Execution Department numbered 2583 dated February 11,
1934, for the purpose of obtaining the adjudicated amount. Also, since the defendant Zion
Baruch had stated before the court that, on his own behalf and as an agent for his brothers and sisters, the heirs,
he had waived the notifications, it was decided to waive the execution of notifications. This
judgment was issued to be a notification in the hands of the plaintiff.
⟦signature⟧
President of the Jewish Religious Court
Baghdad

Archival unit 80

Court of Revision
Court of Appeal
JEWISH SHARA'
in Baghdad
COURT OF REVISION
The Israelite Shari'a - Baghdad
BAGHDAD
Number: 618
Date: 17 / June / 97
Summary of the subject:
The first pride of our master the pious and the generation of our teacher
The honorable Abraham son of Isaac from Baghdad
After the life of ?
Baghdad, may God protect it, and the master of the generation Sasson Beit Cohen Isaac Menachem
Against the harm of Joseph Nasser and the presence of the rabbis the appellants Sasson Kahana and the harm of Salman
Which was appointed and settled and judged among them in this the wise the Shari'a court the harm of the
Mentioned in the Jewish Court of Revision in Baghdad on the day (17) of (June) (960)
And the descent went (together) laughing against him as an act of evidence the group did not day
Came and peace
Ezra H. H.
From the land of ⟦...⟧

Archival unit 81

4442
25 July 937
Presidency of the Execution Office in Baghdad
Based on the appeal submitted to the Israeli Sharia Court of Cassation by
the appellant Zion Baruch Yehuda Shua, in addition to the estate of the deceased Eliyahu Baruch Yehuda
Shua, against the judgment issued by the Israeli Religious Court in Baghdad on
July 21, 937, for the appellee Lulu Ezra Ishaq Saleh, the court
aforementioned has decided to stay the execution of an amount of four hundred and twenty-seven dinars out of the total amount
of the mentioned judgment, which is three thousand and seventeen dinars and three hundred and sixty
fils, pending the results of the cassation audits;
⟦green flourish⟧
On behalf of
⟦Sasson⟧
Head of the Community
⟦faint red circular stamp⟧

Archival unit 82

The Court of Justice of the Holy Community
Baghdad, may God protect it
The Jewish Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
⟦line⟧
Number: 569
Year: ⟦illegible⟧
Date: 21 July 937
Plaintiff: Lulu Ezra Isaac Saleh
Defendant: Zion Baruch Yehuda Shua in addition to the estate of the deceased Eliyahu Baruch Yehuda
Shua
The plaintiff Lulu Ezra Isaac Saleh approached our religious court and demanded her dowry
documented in the marriage contract. During the proceedings, her marriage contract was examined and it appeared to be free of
forgery and fabrication, speaking of the deceased husband's acknowledgment to his wife, the plaintiff, of her dowry. Accordingly,
and after she was administered the oath of manifestation in the presence of the aforementioned defendant Zion, the court
ruled for the plaintiff Lulu the amount of 3017/360, three thousand and seventeen dinars and three hundred
and sixty fils, in addition to the estate of her deceased husband. Accordingly, the court decided to confirm the precautionary seizure
issued by the religious court pursuant to the Execution Department letter number 2583 dated 11 February
934, for the purpose of obtaining the adjudicated amount. Also, since the defendant Zion
Baruch stated before the court that, on behalf of himself and as an agent for his brothers and sisters, the heirs,
he waived the notifications, it was decided to waive the execution of notifications. This
judgment was issued to be in the hands of the plaintiff as a notification;
President of the Jewish Religious Court
Baghdad

Archival unit 83

Iraqi Government
Vice Presidency of Baghdad Execution
1 / D / 16
Please refer to the
file number and the
outgoing number when replying
Hijri Date: 24 Jumada al-Ula 1356
Gregorian Date: 1 August 1937
File Number: 5945 / 37
Outgoing Number: 27057
To the President of the Jewish Religious Court in Baghdad
With reference to the notice issued by your court on 21 July 937, number 569
We request an order to send a copy of the power of attorney presented to your esteemed court by the judgment debtor Sion
Barukh Yehuda Shua in the aforementioned lawsuit to this department.
⟦signature⟧
Execution Officer
⟦signature⟧
Vice President of Baghdad Execution
⟦illegible⟧

Archival unit 84

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.: 820
Year: 569
Date: 4 Av 5707
Known that Salem Fahid ⟦...⟧
⟦...⟧ Salem ⟦...⟧
⟦...⟧
⟦...⟧
Known ⟦...⟧
⟦...⟧
⟦...⟧
Muni Aboud
Presidency of the Israeli Community
Baghdad
Number Ali 2117
Date 12/8/947

Archival unit 85

4485
17 August 1937
Certificate
Office of the Vice Presidency of Execution in Baghdad
With reference to your letter No. 27057 dated 1 August 1937 addressed to the
Jewish Religious Court
The court did not keep a copy of the aforementioned power of attorney;
on behalf of
Head of the Community

Archival unit 86

Court of Revision - Jewish Shara' Court - Baghdad
Baghdad - Court of Revision
BAGHDAD
Number: 622
Date: 25 / ⟦illegible⟧ / 97
Summary of the Subject:
Designated for Mrs. Na'ima George L. Samra
Valid for revision - Raham L. Jaber L. Isaac in Baghdad
We have reviewed the decision of the court from the day 25 / ⟦illegible⟧ / 97
For the Sharia obligation of the defendant to the plaintiff (7000) fils (260) dirhams
of gold, and that is for the remaining advanced portion in her possession and the lawyer's fees for the plaintiff
and the fees
Whereas the defendant appealed the mentioned judgment on 27 / ⟦illegible⟧ / 97
on the grounds that she is not a debtor and that she paid the mentioned amount to her husband
by the testimony of two witnesses in the Sharia council and requested the annulment of the judgment
and the hearing of the mentioned evidence and the dismissal of the claim for lack of validity
and based on Samra
Benjamin Hen
⟦illegible⟧
Recorded in the register
Number

Archival unit 87

Court of Revision
Baghdad
JEWISH SHARA'
COURT OF REVISION
BAGHDAD
Court of Revision
Jewish Sharia - Baghdad
Number: 628
Date: 12/10/97
Subject Summary: Claim of disqualification of a judge
Maimon b. Hakham Nissim David b. Menashe
against b. Haviva b. Yitzhak b. Kadouri
for b. Nahum
In a letter from the lawyer b. Yosef Sasson Dayan Kadouri Yosef Mor
b. Hakham b. Meir which was received here on the day 12/10/97 claiming
on behalf of his aforementioned client that the aforementioned client's lawsuit should not be judged
(407) and also (460) before Hakham Avraham David Kadouri who was appointed in
your court. And his reasoning is that Hakham Avraham b. Hakham Sh. who was appointed
in place of H. Avraham H. Moshe. And he requested to transfer the lawsuits
to the competent court in b. Menashe.
Binyamin
⟦illegible⟧
To be attached with the papers
Presidency of the Jewish Community: Baghdad
Special Number: 2122
Date: 18/10/97

Archival unit 88

4502
22 August 937
5945 L 37
Discipline
Vice Presidency of Execution
Baghdad
⟦illegible⟧
Further to our letter No. 4442 dated 25 July 937
Based on the appeal submitted to the Israeli Sharia Court of Cassation by
the appellant Zion Baruch Yehuda against the judgment issued by the Religious Court
Israeli in Baghdad dated 21 July 937 for the appellee Lulu Ezra Isaac
Saleh in the amount of 3017 Dinars and 360 Fils, the Court of Cassation has decided to stay the execution
of the aforementioned judgment pending the results of the cassation review;
on behalf of
Head of the Community
To be attached with the papers

Archival unit 89

4529
September 13, 937
Office of the Vice Presidency of Execution
Baghdad
The Israeli Sharia Court of Cassation has decided to cancel its decision notified to
your department in our letter No. 4503 dated August 22, 937, which included the suspension of
the implementation of the notification issued by the Israeli Religious Court in Baghdad on July 21,
937, provided that this cancellation does not include the cancellation of the previous decision notified
to you in our letter No. 4442 dated July 25, 937, which will remain in effect until
the end of the cassation. ⟦if⟧
On behalf of
The Head of the Community
⟦illegible⟧

Archival unit 90

The Court of Justice of the Holy Community
Baghdad, may God protect it
The Israeli Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
No.: 569
Year:
Date: 20 ⟦illegible⟧ ⟦illegible⟧
We testify that the presence of ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧
And has ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧
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Presidency of the Israeli Community
Baghdad
Special Number 2179
Date 28 / ⟦illegible⟧ / ⟦illegible⟧

Archival unit 91

4599
31 October 1937
12 June 1934
Vice Presidency of Execution
Baghdad
The Jewish Religious Court in Baghdad had decided to place a precautionary attachment
on the dirhams held at the Eastern Bank belonging to the estate of the deceased Eliyahu Baruch
Yehuda Shua and deposited in the names of Sion Baruch Yehuda Shua, Salman Ezra, Isaac Saleh,
and Abdullah Ibrahim Hayyim Somekh, pursuant to the notice numbered 1203/98 dated 11
February 934, and the attachment was executed through the Execution Department via its letter No. 2583 Kh
dated 2/28/1934.
And since the Religious Court has issued a judgment against the estate ordering the payment of an amount of
3017/268 Dinars, and whereas the amount seized at the Eastern Bank totals 3152/716,
it was therefore decided to lift the attachment on the remaining amount of 134/448 Dinars and notify the Eastern
Bank in this regard and inform us of the result;
On behalf of
The Head of the Community
⟦illegible⟧
Special Appendix

Archival unit 92

2553
76 on 17 April 96
⟦illegible⟧
General Awqaf Administration
Original
Through the Religious Awqaf Committee for the Jewish Community in Baghdad, Respected
We, the undersigned, heirs of the late Daoud bin Shaul bin Shaul, according to the Sharia distribution
registered under number 41 on 5 July 934, request to take possession of our shares in the real estate
numbered 71 / 606 A and a part of 71 / 606 B located in the Al-Tawrat neighborhood, totaling
an area of 7856 square meters according to the attached real estate deeds registered
under number 76 / 6 / 862 in the Land Registry Department
in Baghdad, and our share of it is eighty-seven shares out of
217 / 6516, amounting to 7106 square meters according to the aforementioned distribution.
We request the acquisition of the real estate deeds in our names and to be provided with a copy of them.
Please accept our highest respect.
Signature
On behalf of the heirs, Lawyer ⟦illegible⟧
with it
⟦illegible⟧