AI en Translation, Pages 201-225
Page 201
Number: 1/1/119
Date: 12 November 1925
To the Honorable Judge of Personal Status Matters
After greetings,
With reference to your letter dated 1 November 1925,
There is no special law or regulation that authorizes the arrest of persons who attempt to
leave their places to escape Sharia lawsuits filed against them by their wives
to collect alimony, dowry, or otherwise, except for what is stated in the Code of Civil
Procedure regarding the right to request bail from the defendants, which the courts have the right
to apply if they deem it necessary. Furthermore, the Rabbinate has the right to request the execution of its decisions
related to lawsuits of marriage, divorce, dowry, and alimony from the heads of the courts as explained in
the statement of the Civil Courts Regulation of 1918, and this is until the regulation of the law that
must be enacted for these matters is completed. Sincerely,
(Minister of Justice)
A copy of it to:
The Honorable President of the Baghdad Court of First Instance
The Honorable Hakham Bashi
Page 202
SGPS ⟦line⟧ 125 ⟦line⟧ 148 ⟦line⟧ 1,000 Pads ⟦line⟧ 4-5-31.
G. F. 11.
General Form (11)
FROM: ⟦Presidency of the Sharia Court in Baghdad⟧
To: ⟦Presidency of the Sharia Court of Appeal in Baghdad⟧
No.: 14
Dated: 8 November 1932
Memorandum:
In response to your letter numbered 2001 and dated 24 / 10 / 32, please send a copy of the
Ministerial Order promised in your aforementioned letter for review.
The matter is yours to decide.
President of the Sharia Court
⟦illegible⟧ 17 / 1 / 941
5621 Second Register Year 941: On the second
The Mosaic Sharia Court in Baghdad
5621 Second Register Year 941 On this day appeared before this court
Ibrahim bin Shaul Kashi in his capacity as the legal guardian of the minors Ezra
and Masouda, the children of the heirs of the late Waqta daughter of Shaul, according to the guardianship deed numbered 41 on 4 Safar
year 941 issued by this court, and filed a lawsuit against the defendants Ibrahim Shaul
and the person named Yaqub bin Shaul Kashi and in place of their guardian appointed by the judge in his capacity as a temporary curator delegated by
the court for this task, in their capacity as the sole heirs of their deceased father Shaul Kashi, stating
in his lawsuit that their deceased father left money to be distributed among the heirs, and the aforementioned minors are entitled to their share
of this money, amounting to eighty-five Indian Rupees 85 Indian Rupees, and requested a judgment for them for that, and the defendants
confessed to the claim and the mentioned money, and accordingly the court ruled
the mentioned money to the plaintiff in his capacity as guardian
( ⟦In-person⟧ judgment )
⟦line⟧ " and they signed this paper
The Mosaic Sharia Court in Baghdad
President of the Mosaic Sharia Court
Page 203
5109/1
12 November 1925
To the Honorable Judge of Personal Matters
After greetings,
With reference to your letter dated 1 November 1925.
There is no law or special regulation that authorizes the detention of persons who attempt to leave
their places to escape Sharia lawsuits filed against them by their wives to collect alimony
or dowry or otherwise, except for what is stated in the Code of Civil Procedure regarding
the request for bail from the defendants, which judges have the right to apply if they see a need for it.
Furthermore, the Rabbinate has the right to request the execution of its decisions related to marriage, divorce,
dowry, and alimony lawsuits from the heads of the courts, as explained in the statement of the Civil Courts Regulation for the year
1918, and this is until the organization of the law that must be enacted for these matters. Sincerely.
⟦illegible⟧
Minister of Justice ⟦line⟧
A copy of it to:
The Honorable President of the Baghdad Court of First Instance
✓ The Honorable Chief Rabbi
M. F
Page 204
⟦9/9/1⟧
1 / November / 1925
To the Honorable President of the Baghdad Court of First Instance
Greetings.
With reference to your letter numbered 2140 / 168 and dated
October 24, 1925.
In view of Article 22 of the Civil Courts Ordinance of the year
1918, the function of the Jewish Religious Courts is to hear lawsuits
related to marriage, divorce, dowry, and the husband's maintenance for his wife; therefore, the issuance
by the Hakham Bashi of a decision involving the placement of a seizure on the dowry items belonging to
Naeema bint Shaul was outside of his jurisdiction. Since the courts are ordered to execute
the final decisions issued by the Jewish Religious Courts related to
the aforementioned matters, as stated in the second paragraph of Article (22)
mentioned above, there is, in this case, no legal justification for executing the mentioned decision. Therefore,
we have approved your non-referral of the mentioned decision to the Execution Department for enforcement. As for the Judge
of Personal Status Matters, he has the authority to look into all personal status lawsuits
- except for the matters specified in the aforementioned Article 22 - and based on the above, we have decided to return
the seizure papers referred to and send them to the Hakham Bashi due to the impossibility of their execution.
We request that you deposit them with us. Respectfully.
⟦illegible⟧
Minister of Justice
A copy of it to: -
The Honorable Hakham Bashi of the Jewish Community - in Baghdad
For information.
F. M
Page 205
The Court of Justice of the Holy City
Baghdad, may God protect it
Jewish Spiritual Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
Number
Before
The undersigned appeared Mr. Sasson Saleh Cohen against Mr. Yehezkel
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible stamp⟧
Page 206
The Court of Justice of the Holy City
Baghdad, may God protect it
May it be built and established speedily in our days
Jewish Spiritual Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
Number
Baghdad, Sunday, 8th of Kislev 5694, 26 November 1933 CE
To the honorable Mr. Treasurer of the Jewish Community Committee here. Peace and blessings upon your honor and upon all
those accompanying you. May the Lord be upon them and may they live. Amen. We hereby inform your honor that there came before us today Mrs. Georgia daughter of Eliyahu
Avraham and her husband Mr. Yosef Yitzhak Sofer and they took upon themselves of their own free and complete will, with a whole heart and a willing soul
with the cancellation of all notifications and conditions, that the aforementioned Mrs. Georgia waived all her maintenance payments due to her from her husband
the aforementioned from the day of 28 Av 933 until this day. And to this we have come to sign, and peace.
And they further declared before us that the aforementioned husband paid her a sum of 6 Dinars and 600 Fils. And peace.
⟦illegible stamp with red ink⟧
⟦illegible signature in red ink⟧
Page 207
IRAQ
MINISTRY OF JUSTICE,
BAGHDAD.
⟦line⟧
Telegraphic Address:
"ADLIAH, BAGHDAD."
Iraq
Ministry of Justice
Baghdad
Telegraphic Address
Adliah Baghdad
No. Number: 2 / 1 / 918 ⟦ء⟧
Date Dated: 13 July Year 1925
To the Honorable Haham Bashi in Baghdad
After greetings. With reference to your letter number 203 dated June 30, 925
The government is interested in establishing a law for proceedings in religious courts and it
will certainly look into this matter as well, but at the present time it cannot grant
this authority to you while the courts themselves have not realized it, so it is necessary to hasten the completion of
the cases you have and refer the matter to the Execution Department so that the department can proceed with the enforcement
against those sentenced. Best regards;
⟦signature⟧
Minister of Justice ⟦line⟧
S. A. H.
Page 208
Number / 202
On 11 ⟦Sivan⟧ 925
⟦illegible⟧
To His Excellency the Respected Minister of Justice
Greetings and respect.
We have been notified of a copy of Your Excellency's letter to the General Police Directorate numbered 3 / 1 / 19 A and dated
June 27, 1925.
The Spiritual Council's necessity to bind some persons by bail and request the temporary detention of those who refuse
during the lawsuit arises from some husbands attempting to travel or breaking marital pledges and leaving the wife
without a divorce or without a provider after taking her money.
Such injustices have multiplied these days to the point that the marriage contract has become, for some commoners, a means
to extort the wife's money. As for disappearing and leaving the wife without a divorce, as is not hidden, it is the most difficult and complex marital matter
among Israelites.
Despite this, we do not request bail or detention except rarely and after exhausting the guidance and persuasion of the concerned party and
applying other Sharia rulings to him. As for bringing a person before the Council, this also happens rarely
and is based on judicial circumstances that require personal attendance, such as divorce proceedings or the necessity of reviewing secret marital matters.
We have been proceeding in this manner since the time of the Ottoman government first, and by permission from the authorities after
the occupation. There is no truth to the complaints of some litigants who have taken to slandering the Spiritual Council as a means
for their personal ends.
Stripping the Spiritual Council of the aforementioned weak authority is something that grants those with ill intentions the audacity to
manipulate the rights and rulings related to Mosaic jurisdiction, knowing that the aforementioned Council has become ineffective
in its word, even regarding a request for personal bail for a few days.
Therefore, I beg His Excellency the Minister ⟦line⟧ the greatest supporter of truth and justice ⟦line⟧ to look with his noble gaze
at this serious matter and issue his order to restore the aforementioned authority, and we pledge not to use it except
in emergency circumstances. With highest respect to Your Excellency;
Acting Chief Rabbi of Baghdad
Page 209
2 / 8 / 925
On June 27, 1925
To His Excellency the Director General of Police in Baghdad
Greetings. With reference to this Ministry's letter previously sent to you, number 3 / 1 / 219
Dated July 17, 922.
Please consider everything ⟦this⟧ Ministry has previously written regarding the detention of persons and bringing them
by force based on the request of the Hakham Bashi as cancelled from now onwards.
Accordingly, we request that you issue general instructions to all police departments not to consider the requests of ⟦the Hakham⟧
the Hakham Bashi and other spiritual heads to detain persons. And that it is not permissible to detain persons
or bring them by force to the spiritual councils in a definitive manner. Best regards;
⟦signature⟧
Minister of Justice
⟦illegible stamp⟧
A copy of it to:-
The Honorable Criminal Judge in Baghdad - with reference to his letter number 960 dated June 11, 925
" The Hakham Bashi in Baghdad with reference to this Ministry's letter number 3 / 1 / 19
and dated March 19, 920 for information.
⟦illegible red ink note⟧
Page 210
SGPS-439-688-1,000 Pads-4-11-24.
G. F. 11.
General Form (11)
FROM: President of the Baghdad Court of First Instance
To: The Honorable Acting Hakham Bashi of Baghdad
No.: 2241
Dated: Corresponding to November 4, 1925
Memorandum:
After greetings.
In view of the order received from the Honorable Ministry of Justice, it is not possible to execute -
the decision issued by you regarding the placement of an attachment on the dowry items belonging to
Naeema, daughter of Shaul, due to the lack of legal justification authorizing the Hakhamkhana to issue a decision
on attachment. Therefore, the aforementioned person must apply directly to the Judge of Personal Matters -
regarding the mentioned attachment. Accordingly, we have returned the mentioned papers enclosed herewith. Greetings.
First Clerk
Vice President
COURT OF FIRST INSTANCE
* BAGHDAD *
Court of First Instance
Baghdad
Page 211
Court of Revision
Court of Appeal
Baghdad
JEWISH SHARA’
COURT OF REVISION
BAGHDAD
Jewish Sharia - Baghdad
Number: 71
Date: 4 September 94
Subject Summary:
To His Excellency the President of the Court of Appeal in Baghdad
Regarding the case
We, the undersigned, submit our objection to the judgment rendered
from the court in Baghdad on 20 August 94 in case 542, in which our claim against the heirs of
the late Abraham Eliyahu was rejected. We request to accept our objection and annul the aforementioned judgment
and to decide in our favor and charge the defendants with the costs.
With great respect
Benjamin ⟦...⟧
Ezra ⟦...⟧
Presidency of the Jewish Community:
Baghdad:
Private Number: 1012
Date: 22 / 7 / 94
⟦illegible circular stamp⟧
Page 212
29 - 5
12 Rajab 352 and 30 October 933
His Excellency the Governor of Personal Status
Baghdad
The Israeli Sharia Court of Cassation requested us in its letter No. 71 dated 9 Cheshvan 94
to inquire from your Excellency about the amount of interest and yield from the money deposited in your court's fund in the name of
the late Simha daughter of Yaqub Isli and the duration of this surplus.
⟦On behalf of⟧
Head of the Community
A copy of it to His Eminence the President of the Israeli Sharia Court of Cassation with reference to
its letter mentioned above.
78
⟦illegible⟧
Page 213
D - 5
660 A 17 April 607 A 656 B 61
Conducting Sharia Court Cases
Majid
34 N September 957 and in ⟦decision⟧ 17 ⟦judgment⟧ for the Presidency of Sharia Court Cases in Baghdad that the court
was not convinced that any harm would befall the plaintiff as a result of her remaining in the house of obedience prepared by her husband, the defendant, and therefore the
court decided to dismiss the plaintiff's lawsuit requesting separation due to lack of proof of harm
Court of Cassation
⟦illegible⟧
Accordingly, it was decided to ratify the aforementioned judgment as there is nothing requiring its reversal, and it was issued by consensus
on the 15th of it, 1957
82
Page 214
General Form (11)
From: Judge of Personal Matters in Baghdad
Number: 2785
Date: 12 Rajab 1352
Date: 30 / 10 / 1933
To: Head of the Jewish Community in Baghdad
Memorandum:
With reference to your letter dated 3 / 10 / 1933 AD and numbered 52405
Upon auditing the trust records, it was found that for the mentally disabled Simha daughter of Yaqub Arbilli
there is an amount of (451/875) Dinars received by us from the Director of Baghdad Land Registry on
23 April 1933, and the mentioned amount was recorded in the current account, and this court
will take the necessary measures to place it now in the fixed trust at the Central Treasury
in Baghdad for a period of one year at the usual interest rate.
⟦signature⟧
Judge of Personal Matters
in Baghdad
Presidency of the Jewish Community
Baghdad
Special Number 1019
Date 31 / 10 / 33
⟦signature/initials⟧
662 on the second of October 1
The Honorable Hakham Bashi in Baghdad
3925 on 4 November year 931 in the lawsuit numbered 611 in 931
We send herewith a copy of the decision issued by this court in the aforementioned lawsuit to be notified to the defendant
Chief of the Court
Number
Peace Court in Baghdad
5876 on 7 October 1
662 / 101 on the second
To the Vice President of the Court of Cassation in Baghdad
Through the Presidency of the Court of Appeal in Baghdad
5036 on 9 May 932 / 101 on 6 November in the lawsuit numbered 611 in 931
( 153 / 578 ) regarding the grievance of the Chief of the Sharia Court against the decision of this court issued on 17 November year 931
Based on the decision of the Court of Cassation numbered 662 in the year 931 in the aforementioned matter, we send herewith the investigation
papers related to the aforementioned lawsuit along with the decision of this court containing its lack of jurisdiction to consider the lawsuit
mentioned for submission to the competent authority with a copy of the aforementioned Court of Cassation decision
⟦illegible⟧
President of the Court of Appeal in Baghdad
Acting
85
Page 215
(11) Born ⟦illegible⟧
What was withdrawn from the account of Ibrahim Eliahu
6561 Record 61
3 / 1 / 967
In the name of Ibrahim Eliahu to the Personal Status Court
50360 and on the date 3 / 1 / 967 and by check number ⟦illegible⟧ and by letter
The Chief of the Court in Baghdad ⟦illegible⟧ the aforementioned amount has been withdrawn from the account
In a letter in the name of Ibrahim Eliahu by the Public Prosecution (153 / 578) in case of death
The aforementioned by the Sharia Court in Baghdad according to the amount 963 for the year 66
According to the aforementioned account by us, the aforementioned amount has been paid pursuant to
⟦illegible⟧ what we received from the applicant in the aforementioned court
Signature of Ibrahim Eliahu's account
What was received
⟦illegible⟧
Khalil ⟦illegible⟧ the lawyer
⟦illegible⟧
⟦illegible⟧
Page 216
2932
5 Shaban 352 and 22 November 933
Regarding the interest pertaining to the mentally incompetent Subha Arbili
His Excellency the Governor of Personal Matters
Reference to your letter No. 2785 dated 12 Rajab 352 and 30 / 10 / 933
The Israeli Sharia Court of Cassation in Baghdad has decided to disburse the surplus resulting from the dirhams
belonging to the mentally incompetent Subha daughter of Yaqub Ishaq Arbili to her guardian to be received for
the maintenance of the mentally incompetent woman, as her husband is not obligated to support her.
We kindly request to be informed of the amount of the annual surplus under discussion;
⟦Alwan⟧
Head of the Community
A copy of it to His Excellency the Director of Orphans of the Israeli Community in Baghdad
Court of ⟦...⟧
Number ⟦...⟧
Date ⟦...⟧
In the name of Personal Matters
Baghdad
⟦illegible⟧
Page 217
D R M D
669 R L Th N Naysan 66 A 656 N Research H
Ramlas A Qasab Qah Yatsabaliyah Lidhalar Thalma A Ral'ah
Qarah Dhashaa Ba Aymaa Thalah Qa La'ah
669 \ 01 \ 6 A 656 Sis 61 In Liter 5876 In Yaqultha Riya Q Ltha
Mah L Shaa Nah Wa Balthaa Wa Thalfa Safih Ba Istiqrariyah Riliyah Ice Ka A Ridhashaa Fihimshaa Qissah Shariyah
Ralsah Ka H Lah Laqtu Lajilah Wastiqla Ramlas A Rissah Ab Yaqtu Tadab Qasab Qah Yatsabaa Riya H Thalmaa
H Lawshtha Lah Larsafalah Yah Labsabi N A Na Qah Yatsabaa Qath Lah A
A Shu'ayba A Alfaydhaha Wa Yatsabaar Thalfa A Saqah Niyah Lanah Kullah A Yahya N A Nah
H K
Qafa Lasba Al Raysan
Ba Amald Riyah Qiliyah Ice Ka A Qafa Lda A Waltiya Yusah Qa Lasah Riya Hadhih Qarah
Riyah Ridhashaa
Ralisah Riyad
Qalayid
Qarah Dhashaa Ba Yimaa Yasah
Khal'ah
⟦illegible⟧
⟦illegible⟧
77 \ ⟦illegible⟧
Page 218
2262
6 December 933
His Eminence the President of the Honorable Israeli Sharia Court of Cassation
Reference to your letter No. 870 dated 2 Kislev 94
We provide below a copy of the letter from the Judge of Personal Matters regarding the surplus funds of the mentally incapacitated
Subha daughter of Yaqub
Sassoon
Head of the Community
From the Judge of Personal Matters | Number 4207
To the Head of the Israeli Community | Date 15 Shaban 352
12/2/933
Reference to your letter dated 22 November 933 and numbered 2442
Since the allocation of alimony for the mentally incapacitated from their funds placed in trust in the court fund is among
the functions of the court and not the functions of the spiritual councils, it was necessary to inform you that the guardian must
apply to our court to obtain the alimony, and otherwise nothing can be given to them from the funds of the mentally incapacitated.
Judge of Personal Matters
Baghdad
⟦Judge of Personal Matters⟧
⟦Baghdad⟧
Page 219
General Form (11):
From: Judge of Personal Matters in Baghdad
Number: 2812 / 33/145 Sh
Date: 14 Rajab 1352 / 1/11/1933 AD
To: Head of the Jewish Community in Baghdad
Memorandum:
Please inform us whether the plaintiff Esther daughter of Abdullah Eliyahu from
the Al-Qishl neighborhood has filed a lawsuit in your court against Naeem son of Haroun Hayyim from
the Al-Dahana neighborhood in Baghdad. If so, inform us of the nature and type of that lawsuit
and whether it has been settled or not. If it has been settled, inform us of the type of judgment
you rendered, and if the lawsuit is not settled, inform us to what point you have reached
in this case, provided that the answer reaches us as quickly as possible.
⟦signature⟧
Judge of Personal Matters
in Baghdad
⟦signature⟧
Presidency of the Jewish Community
in Baghdad
Outgoing No. 1021
Date 1/11/33
To be copied and the copy sent to the court
⟦signature⟧
Page 220
From the Judge of Personal Matters in Baghdad
To the Head of the Jewish Community in Baghdad
Number 3812
Date 14 Rajab 1352
1 / 11 / 933
Please inform us whether the plaintiff Esther daughter of Abdullah Eliyahu from the Al-Qashl
quarter has filed a lawsuit in your court against Naeem son of Haron Hayyim from the Al-Dahana quarter in Baghdad.
If so, inform us of the nature and type of that lawsuit and whether it has been settled or not.
If it has been settled, inform us of the type of judgment you rendered, and if the lawsuit is not settled,
inform us of what point you have reached in this case, provided that the answer reaches us as quickly as possible.
Judge of Personal Matters in Baghdad
⟦illegible⟧
Page 221
2421
7 November 933
His Eminence, the President of the Honorable Jewish Religious Court
Enclosed you will find a copy of the letter from the Governor of Personal Status No. 3812 dated 1-11/33
regarding the case of Esther daughter of Abdullah Eliyahu, to respond to its content as quickly as possible.
On behalf of
The Head of the Community
⟦Entered⟧ on the date 20/11/33
Presidency of the Jewish Community
Number ⟦illegible⟧
Date ⟦illegible⟧
Page 222
⟦Pain⟧
662 on 11 April year 7
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦...⟧ and after scrutiny and deliberation, it was found that the aforementioned judgment is in accordance with Sharia and the law
Therefore, we decided to ratify it ⟦...⟧
662 / 11 / 1 - in letter 86 / 6 in the case of Shalom Ibrahim Saleh regarding his wife Maryam daughter of Rahma
We decided to ratify the judgment issued by the Court of Personal Status for Jews in Baghdad numbered 4 in the year 947
Judge
Sharia Court of Cassation
7 / 4 / 947
In letter 86
Sharia Court of Cassation
Number
Date
Page 224
24 28
7 Shaban 352 and 24 November 933
Personal Status Judge in Baghdad
Reference to your letter No. 3812 dated 14 Rajab 352 and 1 / 11 / 933
Esther daughter of Abdullah Eliahu has filed a lawsuit in the Religious Court
Jewish to collect the amount of her dowry from the estate of her deceased husband.
The case has been settled.
⟦illegible⟧
Head of the Community
Page 225
2451
13 Sha'ban 352 and 30 November 933
His Excellency Munir Bey al-Qadi
Honorable Judge of Personal Status Matters
Warm greetings
I wish to introduce to Your Excellency the bearer of this letter, His Eminence Rabbi Salman Hoki Aboudi
President of the Jewish Religious Court in Baghdad.
His Eminence wishes to meet Your Excellency regarding some matters.
With sincere respect,
Sincerely,
⟦Sassoon⟧
Head of the Community
⟦اليه⟧
5 8
669 on 21 November in 656 N for number 7
In the name of the people, the Great Royal Sovereignty
669 / 11 / 656 Record 31 in Letter 86 in 61 in the Karrada Court of First Instance
The Karrada Court of First Instance ruled to annul the marriage contract between the plaintiff Laila Hilal Abdul Nabi and the defendant Anwar
Raphael due to his abandonment of her for a period exceeding one year, and accordingly we decided to ratify the aforementioned judgment
On 25 November the year 956
⟦illegible⟧
The Sharia Court of Cassation