AI English Translation, Pages 201-225
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15 April Year 931
His Excellency the Governor of Personal Status Matters
The Spiritual Court has notified us that Yaqub bin Arya appeared before it claiming that
his client Penina Paulina daughter of Eliezer requests the collection of her dowry amount documented in the marriage contract
from the estate of her deceased husband Dr. Samuel Weiss
It is requested hereby to suspend the liquidation of the mentioned estate until the court's decision is issued in this
regard,
Acting Chief Rabbi
⟦illegible⟧ Avraham ⟦illegible⟧
⟦illegible⟧ the Rabbis ⟦illegible⟧
Until ⟦illegible⟧ is suspended
58
1405
15 April 1931
His Excellency the Governor of Personal Status, Respected
Further to our letter No. 1404 dated 15 April 1931
Isaac Baruch, brother of the deceased Dr. Samuel,
Baruch, approached the Spiritual Court claiming that the seizure was placed on the house furniture only, while the belongings and jewelry of the
deceased's wife, Penina Bulmata, were not seized.
All the belongings owned by the aforementioned wife are legally considered part of the Ketubah amount.
Therefore, please issue an order to seize the belongings and jewelry of the aforementioned wife Penina as well until
the issuance of the decision mentioned in our aforementioned letter;
Avraham Aslan Yehuda
ACTING CHIEF RABBI
Acting Chief Rabbi
Acting Hakham Bashi
Baghdad
BAGDAD
Baghdad
⟦signature⟧
* The Court of Justice of the Holy Community *
Baghdad, may God protect it
The Israelite Spiritual Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
⟦line⟧
Number:
No.: 482
Date: 28 Nisan 5691
Year: 5691
Honorable
The exalted Sage, the honorable Sasson H. Avraham
Pleasant peace
After [greetings], your honored letter signed on 20 Nisan ⟦illegible⟧ was given to us
6 and inside it bundles and if he found it worthy ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧
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Huji Abdi
S.
Scholar of the Noble Shrine
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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
SGPS...125...148...1,000 Pads...4-5-31.
G. F. 11.
Form No. (11)
FROM: The Discipline Committee in Baghdad
To: The Hakham Bashi of the Jewish Community in Baghdad
No.: 14
Dated: 24 November
Corresponding to: 1932
193: 193
Memorandum.
In response to your letter numbered 4000 and dated 20 / 10 / 932, we send you a copy of the
Ministerial Order mentioned in your enclosed letter for your information.
Attachments
Copy of the Order
Chairman of the Discipline Committee
⟦illegible faded text in background⟧
1094/1/A
12 November 1925
Honorable Judge of Personal Status Matters
After greetings.
With reference to your letter dated 1 November 1925.
There is no law or special regulation authorizing the arrest 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 Law of Civil Procedure regarding the right
to request 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 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. Best regards.
⟦signature⟧
Minister of Justice
A copy of it to:
Honorable President of the Baghdad Court of First Instance
Honorable Hakham Bashi
M. F.
919/1/1
1 / November / 1925
Honorable President of the Baghdad Court of First Instance
After greetings.
With reference to your letter numbered 168/2140 and dated
October 24, 1925.
In view of Article 22 of the Civil Courts Regulations for the year
1918, the function of the Jewish Religious Courts is to hear lawsuits
related to marriage, divorce, dowry, and the husband's alimony for his wife. Therefore, the issuance
by the Hakham Bashi of a decision involving the seizure of the dowry items belonging to
Naeema bint Shaul was outside 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 said decision. Therefore,
we have approved your non-referral of the said 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
⟦line⟧ except for the matters specified in the aforementioned Article 22 ⟦line⟧ 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 you to deposit them in the appropriate place. May you remain [in peace].
⟦signature⟧
Minister of Justice
A copy of it to:
The Honorable Hakham Bashi of the Jewish Community - in Baghdad
For information.
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
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⟦illegible stamp⟧
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⟧
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.
Number ⟦202⟧ on ⟦10⟧ April ⟦925⟧
To the presence of 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 and dated June 27, 1925.
The Spiritual Council's necessity to bind some persons by bail and to request the temporary detention of those who refuse during the lawsuit arises from some husbands attempting to travel or to break marital pledges and leave 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 materialists, a means to extort the wife's money. As for fanaticism and leaving the wife without a divorce, as is not hidden, it is the most difficult and complex marital matter for the Israelites.
Despite this, we do not request bail and detention except rarely and after completing the guidance and persuasion of the concerned party and applying other Sharia rulings to him. As for bringing the person before the Council, this also occurs rarely and is based on judicial circumstances that require personal attendance, such as divorce proceedings or the necessity of reviewing secret marital matters, and 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 challenging 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 ulterior motives 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 the 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 bestow his noble gaze upon this serious matter and issue his order to restore the aforementioned authority, and we pledge not to use it except in emergency circumstances. This, and to Your Excellency, the highest respect;
Acting Hakham Bashi of Baghdad
2 / 8 / 19 / A
On June 27, 1925
To His Excellency the General Director of Police in Baghdad
After greetings. With reference to this Ministry's letter previously sent to you, number 3 / 1 / 19
dated July 17, 1922.
Please consider everything this Ministry has previously written regarding the arrest 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 ⟦illegible⟧
the Hakham Bashi and other spiritual heads to arrest persons. And that it is not permissible to arrest persons
or bring them by force to the spiritual councils in an absolute manner. And may you remain [well];
⟦signature⟧
Minister of Justice
⟦illegible stamp⟧
A copy of it to:-
His Honor the 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, 1920 for information.
Copy to
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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
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
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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
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2214
1 November 933
His Eminence the President of the Israeli Sharia Court of Cassation, Respected
Reference to your letter No. 71 dated 9 June 5694
You will find below a copy of the letter from the Judge of Personal Matters regarding the surplus funds of the mentally disabled Simha daughter of
Yaqub Arbili.
Alwan
Head of the Community
⟦line⟧
From the Judge of Personal Matters in Baghdad
To the Head of the Israeli Community in Baghdad
Number 3785
Date 30 / 10 / 933
With reference to your letter dated 3 / 10 / 933 and numbered 2405
Upon auditing the trust records, it was found that the mentally disabled Simha daughter of Yaqub Arbili has an amount of (451/875)
dinars received by us from the Director of the Baghdad Land Registry on 22 April 933, 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 in the Central Treasury
in Baghdad for a period of one year at the usual interest rate.
⟦illegible stamp⟧
Judge of Personal Matters
in Baghdad
58
General Form (11)
From: Judge of Personal Matters in Baghdad
Number: 2785
To: Head of the Jewish Community in Baghdad
Date: 12 Rajab 1352
⟦line⟧: 30 / 10 / 933
Memorandum:
With reference to your letter dated 3 / 10 / 933 AD and numbered 02405
Upon auditing the trust records, it was found that for the mentally incompetent Simha daughter of Yaqub Arbilli
an amount of (451/875) Dinars was received by us from the Director of Baghdad Land Registry on the date of
23 April 933, 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 of 4%
⟦signature⟧
Judge of Personal Matters
in Baghdad
Presidency of the Jewish Community
Baghdad
Private Number 1019
Date 21 / 10 / 33
⟦signature⟧
Court of Revision
Court of Revision
JEWISH SHARA'
in Baghdad
COURT OF REVISION
The Israelite Shari'a - Baghdad
BAGHDAD
Number: 80
Date: 21 September 94
Summary of the Subject:
We have seen the judgment dated 21 August 1942 in case 6
as the judgment dated 16 August 1942 and the judgment dated 21 August 1942 were submitted to it
and we found that the mentioned judgment is correct and there is no defect or error in it and there was not found
anything justifying its annulment or its change and therefore we decided to confirm the judgment
mentioned and to charge the appellant with the court costs and the appeal fees in the amount of 250 fils
and this is the judgment that was given on the mentioned day
Sassoon Khouri
Ezra Levy
Presidency of the Israelite Community
Baghdad
Special number 1054
Date 22 / 9 / 94
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
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General Form (19)
From: Judge of Personal Status in Baghdad
Number: 4207
Date: 15 Sha'ban 1352
To: Head of the Jewish Community in Baghdad
Corresponding to: 2 / 12 / 1933 AD
Memorandum:
With reference to your letter dated 22 November 933 and numbered 2442
Since the determination of alimony for the mentally incapacitated from their funds held in trust in the
court's treasury is one of the functions of the court and not one of the functions of the spiritual councils, therefore
it was necessary to inform you that the guardian must apply to our court to obtain the alimony
otherwise, nothing can be given to them from the funds of the mentally incapacitated person.
⟦signature⟧
Judge of Personal Status
in Baghdad
Presidency of the Jewish Community
Baghdad
Special Number 8800
Date 6 / 12 / 33
⟦signature⟧
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⟧
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⟧
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⟧
2421
7 November 933
His Eminence, the President of the Honorable Israeli Religious Court
Enclosed you will find a copy of the letter from the Governor of Personal Status Matters No. 3812 dated 1/11/933
regarding the case of Esther daughter of Abdullah Eliyahu, to respond to its content as soon as possible.
Sassoon
Head of the Community
The response on the date 20/11/933
Presidency of the Israeli Community
Number ⟦illegible⟧
Date ⟦illegible⟧
The British Ambassador General in Baghdad
The British Ambassador in the Kingdom of Saudi Arabia
Number 6186
Date July 31, 1961
11/11/66 AD
We have been informed of the following information which we request you to convey in turn
in coordination with the competent authorities in your country and in line with mutual relations
1- Our authorities have agreed to allow some families who have a connection to Jordan
to leave, in accordance with the laws and regulations in force in the two brotherly countries
2- Please provide us with the necessary information about these families to facilitate the task
assigned to the British Ambassador in Baghdad
The British Ambassador General
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