AI en Translation, Pages 226-250
Page 226
Medical Examination Committee
Royal Hospital in Baghdad
Date 12 / 6 / 1354 AH
Date 11 / 9 / 1935 AD
M - Secret
Number 2421
10 / 9 / 1935
The Medical Examination Committee was formed at the Royal Hospital in Baghdad on Tuesday
President: -
Chief Specialist Surgeon in Iraq
Members: -
Ophthalmologist at the Royal Hospital in Baghdad
Physician of the Hospital in Baghdad
To the Presidency of the Jewish Community - Baghdad.
Reference to your letter No. 3360 dated 10 September / 1935.
The medical committee examined Mazli daughter of Khedhouri and found her healthy
of body, strong of build, and free from diseases.
⟦illegible signature⟧ | Noel Braham | Committee Body
Member | President | ⟦illegible signature⟧
Ophthalmologist of the Royal Hospital in Baghdad | Chief Specialist Surgeon in Iraq | Member
| | Physician of the Royal Hospital in Baghdad
B . M
Government Press 2228 - 4 - 34
10 / 4
532 Rabi' 1 / 50
Presidency of the Sharia Court of Cassation
in Baghdad
Upon review, it was found that the judgment issued by the Personal Status Court for Musawis in Baghdad numbered
112 on 1 / 4 / 50 was issued in accordance with Sharia and the law, and therefore we decided to ratify it and reject the objections of the appellant
mentioned in his cassation brief dated 4 / 4 / 50. This decision was issued by consensus on the 24th of Jumada al-Thani
in the year 1369 AH, corresponding to 12 / 4 / 950 AD, and the decision was issued by consensus.
Member
Sharia Court of Cassation
7
Page 227
2271
16 September 935
Ministry of Justice
His Eminence the President of the Honorable Jewish Religious Court
Reference to your letter No. — dated 12 September 935
We send below a copy of the medical report received from the Royal Hospital regarding the examination of
Ghazali daughter of Khedhouri ;
On behalf of ⟦Hadoud⟧
Head of the Community
⟦line⟧
Medical Examination Committee
Number — 3421
Date — 12 / 6 / 1354 and 11 / 9 / 935
To the Presidency of the Jewish Community — Baghdad
Reference to your letter numbered 3360 and dated 10 September 1935
The medical committee examined Ghazali daughter of Khedhouri and found her to be of sound body, strong
build, and free of diseases.
Committee Signatures
7
Page 228
2428
4 November 1935
7
Ministry of Justice
Reference to your letter No. A/35/366 dated 25 Rajab 1354 and 22 October 1935
Based on the clarifications of the Religious Court, it appears from reviewing the minutes of the session held on 10 September 95
that the request for the wife to be examined by the medical examination board was made by the husband Ezra Shaul
However, the wife's attorney countered this request by stating that there is no evidence in his power of attorney that requires
sending her for examination by a medical board. Since the husband had established, through the certificate
he obtained from Dr. Jack Abboudi, in which the aforementioned doctor suspects that the wife is suffering
from a nervous disease, the court decided to send her for examination by the aforementioned doctor as a preliminary step to sending her
to the medical examination board if this suspicion is confirmed by an official report to the court.
However, the wife's attorney approached the court the following day, corresponding to 11 September ⟦year⟧ 5695
and expressed his withdrawal of his previous objection and that his client is ready to present herself for examination by
the medical board directly. Since this was the husband's own request, the court saw no objection to sending
the wife for examination by the official committee without the need for the husband's presence.
As for the matter of the presence of two persons during the examination, the court decided that regarding Dr.
Jack Abboudi, so that the examination would be conducted in the presence of three to increase the verification of the husband's claim. As for the
medical examination committee, there was no longer a need to send the two mentioned persons as long as its members are originally three.
Regarding the court's verification that the woman who underwent the examination is Mazli, the subject of
discussion, this presidency follows the method of attaching the photograph of the person to be examined to the same letter
submitted to the Royal Hospital Directorate and stamping it with the department's seal, which is a safe and acceptable method. From
reviewing our letter dated 10 September 35 to the Royal Hospital, you will find in the second line of it the phrase
(the owner of the identity below, Mazli daughter of Khedhouri). Therefore, there is no doubt that the woman who was examined
by the board is the same Mazli daughter of Khedhouri.
⟦signature⟧
Head of the Community
Page 229
5621 on April 24, year 934
Work sectors in ⟦...⟧
5621 on April 24, year 934 No. 56 in Letter 326/56 Papers and contracts, perhaps it was said if
52 and for this 10 mistress has included them as a division by hand and itself, its effectiveness Zaid and by hand, so these are among what was included in the origin of Yua Rabbah on
with his actions his hands and here a mistress has occurred on perhaps it became our origin his heart mistress Zaid is this his upbringing with
by his own hand, so it is followed by Mistress Rabbah, a hand is this among what is acknowledged by our tongue that it was in the fortress of profit in hands
and because of it they said regarding Rabisha on and about not being sold. So these meters are a mistress in her fortress, perhaps it was not
sectors regarding every Mia, perhaps by hand, of what the hand has in it is his upbringing, and perhaps with it most, perhaps the matter of Zaid is that some of them
to some of them in the houses Mia, perhaps by hand, of what returned to her fortress for her money, the soil included a hundred, and some of them acknowledge
included perhaps Zaid in acknowledges and for this 17 that he says if he does not hand perhaps it became our origin his heart perhaps
5325 for the derivative and for this 11 perhaps actions and consequently and this mistress has included them and like it is this perhaps even though his hands
relative to her fortress for its middle and our origin what was included in it his upbringing, so it follows from that its sectors are occupied Zaid on the hand of Zaid
relative to that for his money a mistress included it and no description and here in your hand with it that it is of those not sold for the question is this their heart
and here some of it perhaps and here Zaid is other than its partner, its partner mistress Zaid our origin perhaps is this
and this is my money present for the hand of so-and-so soil included that I have her fortress to it so-and-so is believed by his placement he said it to
included it mistress to and here so-and-so under his hand his upbringing our origin mistress saying saying in a fortress her fortress perhaps and perhaps with it most
mistress 17 mistress saying to him in nonsense what is from it and rather he has in his hands in what Zaid her fortress head no and here Zaid mistress his upbringing became our origin
its partner perhaps his upbringing and in her fortress for his leg his face perhaps he said them that Zaid included them my money present for the hand to
its partner by hand description his upbringing her fortress with money her fortress with a description drawing Zaid and a mistress have nonsense from it that it does not include
Zaid. What occurs from this saying placed a restriction of what changes to push back and like it perhaps included it has his hand perhaps it may be said
the heart of these and consequently smooth mistress in proof and like it Rabsha in it perhaps 52 and for this 10 in Mia for soil its effectiveness
for a description of his face perhaps he said them that mistress third Zaid we chant with what they both witnessed (Zaid has witnessed and mistress thus has perhaps received it)
Zaid has witnessed and mistress description mistress he said them for the hand of Zaid
Sh ⟦...⟧
So Al-Rabi' said
Page 230
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
242
29 October 1935
The case of Ezra Shaul Bulbul and his wife Luly Khadouri
His Eminence the President of the Jewish Religious Court in Baghdad, respected
We attach herewith a copy of the Ministry of Justice letter No. A/35/366 dated 22 October 935
and a copy of a letter written in English signed by the Chairman of the Medical Examination Committee No. 3920 dated 16 October 935
with the case file containing 24 papers. Please inform us of its arrival and our answers to the questions posed in the letter of
the Ministry of Justice;
⟦signature⟧
Head of the Community
⟦stamp⟧
Page 231
Ministry of Justice
Reference No. A/35/366
Date: 25 Rajab 1354
22 October 1935
Subject Summary: The case of Ezra Shaul Bulbul and his wife Mazli daughter of
Khedhouri
Presidency of the Israelite Community in Baghdad
With reference to your letter No. 3389 dated 25 September 1935
Upon auditing the file sent with your aforementioned letter, it was found that the Religious Court decided in
its session held on 10 September 1935, in the presence of both parties, to send Mazli daughter of Khedhouri, wife of the defendant
Ezra Shaul Bulbul, to Dr. Jack Abboudi Shabi for examination in the presence of two persons appointed by it.
On the second day, upon the defendant's attendance, the court reversed its previous decision and decided to send the
aforementioned wife to the Royal Hospital. Upon reviewing your letter dated 10 September 1935 addressed to
the Directorate of the Royal Hospital in Baghdad, by which the wife was sent for examination, it was found that your letter
contradicts the court's decision, as it did not mention that the examination must be in the presence of two persons appointed by
the Religious Court as stated in its decision, and the examination actually took place without their presence. Therefore, please inform us:
1) Is there a justification for the court to reverse its decision, especially conducting the inspection in the absence of the second party, and what are the reasons?
2) Can a decision be granted in the absence of one of the parties without a legal reason?
3) Assuming the validity of what was stated in the two previous paragraphs, can the court accept and consider the examination that took place
contrary to its decision, and how can it be certain that the woman who was examined is Mazli, the subject of the investigation?
We are returning the case file to you and request that you inform us regarding the points mentioned above.
Acting Minister of Justice
True Copy 29 / 10 / 35
Secretary
⟦illegible⟧
5621 on 17 April 36
734
To the Honorable Presidency of the Court of Appeal of Baghdad, Basra, and Mosul
Subject - Notification of Judgments
Based on what was decided in Article 17 of the Sharia Courts Law, we notify you of the following: -
1- That Article 569 of the Law of the year 663 in Letter 56/336 or in Article 11 that an amount of five and eight
562 in its 21 in Letter 0623 in its quarter that this part of the judgment has been notified by legal means on the night of
by the head of its households as it was decided that the amounts to its aforementioned owner in Article 7 and notify it to a judicial authority ⟦illegible⟧
⟦illegible⟧ in Article ⟦illegible⟧
Therefore we hope ⟦illegible⟧
Judge of the Sharia Court
⟦illegible stamp in red ink⟧
⟦illegible text at bottom right⟧
Page 232
The Court of Justice of the Holy Community
Baghdad, May God Protect It
The Jewish Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
No. R ⟦illegible⟧
Year 5695
Date 25 Adar 5695
17 August 1935
⟦illegible⟧
To the served ⟦...⟧ the Sheikh ⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
Hezekiah Abraham
Hugi Aboud
Presidency of the Jewish Community
Baghdad
Number 2649
Date 25 / 8 / 1935
Presidency of the Rabbinate
56/236/57 on 5 March 56
561 on 5 April 56
562 on 17 April 56
Regarding the heirs of the late Daoud Effendi Ezekiel Sassoon
Respectfully,
What the Sharia Court's opinion has settled upon
5621 on 15 March 56 and on 2 April 1956, and based on the request submitted to
the presidency of this court by Mr. Hamid Effendi Sassoon, acting on behalf of Mrs. Qamriya, wife of the late
Daoud Effendi Ezekiel Sassoon, who passed away on the sixth of March 56, and received by the presidency of this
venerable court on 2 April 56, requesting the limitation of the inheritance of the aforementioned deceased and the determination of the shares of the legitimate heirs entitled
to the inheritance, whose inheritance of the aforementioned deceased was limited to his wife, Mrs. Qamriya, and his three daughters, who are
Mrs. Victoria, Mrs. Lulu, and Mrs. Maryam, and his three aforementioned daughters are from his wife, Mrs. Qamriya
mentioned above. The aforementioned limitation of inheritance was carried out according to the Sharia distribution issued by this court under number 5621 and dated
15 March 56. Based on the request of the aforementioned agent, the shares of the heirs mentioned
above have been determined from the amounts deposited in the treasury of the aforementioned court, totaling (1000) Dinars
according to receipt number 5621 dated 15 March 56. The aforementioned amounts have been distributed as follows: ⟦line⟧
1) The share of the wife, Mrs. Qamriya, from the aforementioned amounts is (125) Dinars
2) The share of the daughter, Mrs. Victoria, from the aforementioned amounts is (291) Dinars and (666) Fils
3) The share of the daughter, Mrs. Lulu, from the aforementioned amounts is (291) Dinars and (666) Fils
4) The share of the daughter, Mrs. Maryam, from the aforementioned amounts is (291) Dinars and (666) Fils
This is what has been determined by this court, and accordingly, this distribution has been drafted.
Hakham Bashi of Baghdad
56/10/56 on 17 April 56
⟦Hakham Bashi of Baghdad⟧
⟦illegible rectangular stamp⟧
Page 233
The Iraqi Government
Ministry of Justice
Drafting
Section:
General Number: 4 / 266 / 25
Special Number:
Telegraphic Address: Adliya
Date: 25 Jumada al-Akhir 1354
22 September 1935
Please refer to the general number
Subject Summary: Request for a lawsuit file
To the Honorable President of the Jewish Sharia Court
In Baghdad
Based on the petition submitted ⟦to⟧ by Ezra Shaul Bulbul regarding the lawsuit filed against him
by his wife Mozli Khadouri Eliyahu Hakham Daoud, we request the sending of all papers related
to the aforementioned lawsuit for review and to cease proceedings until they are returned to you,
Acting Minister of Justice
Presidency of the Jewish Community
Number ⟦2250⟧
Date ⟦25 / 9 / 935⟧
Page 234
In the name of ⟦...⟧
Court of Personal Matters for the Mosaic Community in Baghdad
Number ⟦...⟧
Date ⟦...⟧
Based on the request submitted to us by the plaintiff
⟦...⟧ No. 5621 and date ⟦...⟧ No. 3866 and recorded in the register
Numbered ⟦...⟧ and pursuant to the authority granted to us under Article Forty-Seven of the Religious Courts Law
And based on what the plaintiff presented of evidence and legal reasons No. 5621 and date 10 Rajab ⟦...⟧
And based on the power of attorney from his aforementioned wife and the attendance of the council and the attendance of the defendant, so-and-so son of so-and-so, and his confession to the claim
And according to what took place in this Sharia council, it has become clear to us that the aforementioned plaintiff is the wife of the defendant legally
By contract and agreement and according to the religious obligation No. 5621 and date 10 Rajab ⟦...⟧ and based on his confession, we have ruled
The validity of the plaintiff's claim and that the aforementioned defendant has divorced the aforementioned plaintiff an irrevocable divorce with no return
And since the plaintiff is in a legal waiting period (Iddah), we have therefore decided to consider her a divorced wife and her husband is prohibited from taking her back
⟦line⟧ And the total amount of the dowry and alimony with what follows from them was ⟦line⟧
Rupees until her death as an entitlement according to her deed presented to this court, therefore we decided to fix the following :-
10 - ⟦...⟧
6 - ⟦...⟧
6 - ⟦...⟧
This took place in the presence of the evidence and witnesses whose names are mentioned below and with the consent of the two parties mentioned above
Written on the day ⟦...⟧ of the month ⟦...⟧ year ⟦...⟧ AH corresponding to the day ⟦...⟧ of the month ⟦...⟧
This is what took place in our presence, we the members of the Spiritual Council of the Mosaic Community in Baghdad
Hakham Bashi of Baghdad
Page 235
The Royal Iraqi Medical College
and the Royal Hospital
Baghdad
Number — 3920
Date — 15th Oct. 1935
16
Presidency of the Jewish Community
in Baghdad
Incoming No. 2260
Date 20/10/35
To:-
The Chief Rabbi,
of the Jewish Community,
Baghdad.
Memorandum.
In continuation of the Medical Boards No. 3421 of
11/9/1935.
Ezra Shaoul Belboul has petitioned that his wife
should be examined by a Board of specialists in nervous and
mental diseases. The Medical Board has no objection to such a
course being taken if the requisite number of specialists in
nervous and mental diseases can be found.
⟦signature⟧
President.
Standing Medical Board.
To the Chief Rabbi
of the Jewish Community
Baghdad
Memorandum attached to the medical decision No.
3421 dated 11/9/935
Ezra Shaoul Belboul has requested that his wife be examined by a committee specialized in
nervous and mental diseases. The medical examination committee has no objection to doing so
if the required number of specialists in nervous and mental diseases
is available.
President of the Medical Examination Committee
Presidency of the Baghdad Court of Appeal and its affiliated areas
Number ⟦illegible⟧
Date ⟦illegible⟧
5321 / J / 17 ⟦illegible⟧
In the name of the Great Royal People (Judicial Judges Committee)
5321 / J / 17 ⟦illegible⟧ on 2877 and its decision issued on ⟦illegible⟧
Including and based on the appellant's request to be included in its agenda and based on the appellant's request to be included in its agenda
The appellee and based on the appellant's request and based on the appellant's request 5321 / J / 17 ⟦illegible⟧
And based on the appellant's request and based on the appellant's request and based on the appellant's request and based on the appellant's request
And based on the appellant's request and based on the appellant's request and based on the appellant's request and based on the appellant's request
And based on the appellant's request and based on the appellant's request and based on the appellant's request and based on the appellant's request
And based on the appellant's request and based on the appellant's request and based on the appellant's request and based on the appellant's request
And based on the appellant's request and based on the appellant's request and based on the appellant's request and based on the appellant's request
In continuation of the medical board of 1954, on
the patient ⟦illegible⟧ has certified that she
should be examined by a specialist in
mental diseases. The board has no objection to
her being examined by a board of specialists in
nervous and mental diseases can be found.
And based on the appellant's request and based on the appellant's request and based on the appellant's request
And based on the appellant's request and based on the appellant's request and based on the appellant's request
And based on the appellant's request and based on the appellant's request and based on the appellant's request
And based on the appellant's request and based on the appellant's request and based on the appellant's request
As stated above
Page 236
Ministry of Justice
Editing Department
Number - A 366 / 35
Date - 25 Jumada al-Akhir 354
and 23 September 935
Subject Summary - Request for a lawsuit file
To the Honorable President of the Israeli Sharia Court
in Baghdad
Based on the petition submitted by Ezra Shaul Bulbul regarding the lawsuit filed
against him by his wife Mozli Khadhuri Eliyahu Hakham Daoud, please send all papers
related to the aforementioned lawsuit for review and do not continue hearing the case until they are returned
to you;
Acting Minister of Justice
True copy 25 / 9 / 935
Secretary
Page 237
2289
24 September 935
⟦25 Jumada al-Akhira 1354⟧
Ministry of Justice
Presidency of the Jewish Community
Baghdad
With reference to your letter No. A/35/366 dated 25 Jumada al-Akhira 354 and
23 September 1935, we submit to your Ministry the case file filed against Ezra Shaul Bulbul by
his wife Ghazali Khedhouri Eliyahu Hakham Daoud, numbering 24 papers.
On behalf of
Head of the Community
Certification of Testimony
Kingdom of Iraq
Ministry of Justice
File Number ⟦157 / 333⟧ Q 94
Court Letter Number and Date 507 on 28 April 934
Ministry Letter Number and Date 526 on 14 May 934
Presidency of the Court of Cassation - in Baghdad
In the name of His Majesty King Faisal I the Great
The Decision
Upon scrutiny and deliberation, it was found that the judgment issued by the Musawi Court in Baghdad
on 28 April 934, which concluded with the annulment of the marriage of the plaintiff ⟦...⟧ from the defendant
⟦...⟧ and the marital bond between them, has been ratified by the Sectarian Spiritual Body in Baghdad
by its decision dated ⟦...⟧ and whereas ⟦...⟧
President of the Court of Cassation
157 / 333 on 14 May 934
Page 238
Iraqi Government
Ministry of Justice
Department: Legal Codification Bureau
General Number: 11/377
Special Number:
Telegraphic Address: Adliya
Date: 23 October / 1935
Hijri Date: 26 Rajab / 1354
Please refer to the general number
Subject Summary: Certification of a certificate.
Presidency of the Jewish Community
In Baghdad
With reference to your letter numbered 3403 and dated 4 October of the year
1935.
We have certified the certificate sent with your aforementioned letter and we return it
to you enclosed with its attachments.
⟦signature⟧
Acting Minister of Justice
Referred to Yusuf ⟦Effendi⟧ 10/21/935
⟦signature⟧
Presidency of the Jewish Community
2670
24 / 10 / 35
Ash / 21
Page 239
2402
3 October 935
4
⟦illegible⟧
His Excellency the Respected Minister of Justice
After greetings and respect
I request Your Excellency to kindly certify the building certificate of our Israeli community
attached - and with respect to Your Excellency
⟦...⟧
Head of the Community
Attached
1 Certificate
A ⟦issued⟧ letter from the Land Registry Directorate of Baghdad Province
No. 12222 dated 7 August 935
Regarding the sale of the road share
⟦Ministry of Justice⟧
⟦Directorate of ...⟧
Number ⟦...⟧
2 January 938
To
The Presidency of the Musawi Court in Baghdad
Based on your letter numbered ⟦...⟧ and dated ⟦...⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
President of the Court
⟦illegible⟧
A copy of it to
⟦illegible⟧
Page 240
2484
Sharia Procedure Law
10 December 1935
Ministry of Justice
I would like to refer to the correspondence ending with your letter numbered L 6/96 dated 19 Shaban
1352 and 6 December 1933
As the community is in dire need of the Sharia Procedure Law, I request you to kindly take
the necessary measures for the aforementioned law to acquire its final form.
A. Sassoon
on behalf of
Head of the Community
Confirmed to Professor Al-Hajj Abdul Razzaq ⟦...⟧ ⟦...⟧ 28/10/27
⟦illegible stamp⟧
For filing
101
7032
562 on 17 Nov 951
3
⟦illegible⟧
The Sharia Court in Baghdad
Number ⟦illegible⟧ on ⟦illegible⟧
To the Presidency of the Honorable Sharia Court of Cassation
We send you herewith the case file numbered ⟦illegible⟧ for the year 951 filed by
⟦illegible⟧ against ⟦illegible⟧ for your kind consideration of the appellate objection filed against it
and returning it to us with the decision.
The Sharia Judge
⟦illegible⟧
The Sharia Judge
1246
H. Registration
Considering the response on November 18, 951
562 on the 17th of it and received on the 27th
Chief Clerk
⟦illegible stamp⟧
Page 241
Iraqi Government
Ministry of Justice
Please refer to the general number
Section: Drafting
Number: A / 19 / 2601
Special Number:
Telegraphic Address: Adliya
Date: 6 Dhu al-Qi'dah 1354
29 January 1936
Subject Summary: Divorce of the wife of Khadouri Samson Bakhsh
Presidency of the Jewish Community in Baghdad
We confirm our letter numbered A/19/1936 and dated 20/1/1936 and request
a prompt reply to it.
⟦signature⟧
Acting Minister of Justice
For filing
Presidency of the Jewish Community
In Baghdad
Special Number 2766
Date 29 / 1 / 36
M A / 28
Page 242
29/1/36
2991
Divorce of Khedhouri Sassoon Bakhash
from his fiancée Nouna Nissim Oqeirib
30 January 936
Ministry of Justice
Reference to your letter No. A/30/36 dated 20/1/936
We have learned from the Israeli Religious Court in Baghdad that the Rabbinate of Damascus has
sent a legal divorce document from the fiancé Khedhouri Sassoon Bakhash to his fiancée Nouna Nissim
Oqeirib, and the court delivered it to the aforementioned on 6 Nisan 694 (A) corresponding to 29 March
1934. Thus, the fiancée Nouna is considered divorced according to the law and procedures and was given
a certificate to that effect.
Enclosed you will find the file related to the case, which contains 21 papers; please return it
after reviewing it.
Sassoon
Head of the Community
⟦red rectangular stamp frame⟧
M. A
Page 243
The Rabbinical Court of the Holy Community
Baghdad, may God protect it
The Jewish Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
No.:
Year: 569
Date: 5 Tammuz 92
We, the witnesses, hereby certify that Shlomo David ⟦illegible⟧ came before us
and said to us: Be witnesses for me and perform a formal acquisition from me with a vessel fit
to perform an acquisition, and sign for me
on any document that has the ⟦validity⟧ of documents customary in Israel,
of my own free will and without any duress, I hereby make a complete,
firm, established, open, and public admission that I owe the sum of 7 full Palestine Pounds
to my honorable wife ⟦Mrs.⟧ Habiba daughter of Isaac, as a complete and absolute debt to her
as a loan by document, not as an asmakhta and not as a mere form of a document, with the cancellation of all protests
and conditions and everything he has against me, and we have written and signed
Shlomo David
Hugi Aboud
In Baghdad
946
Presidency of the Jewish Community
Number 2737
Date 22 / 6 / 32
⟦illegible⟧
⟦illegible⟧
Presidency of the Baghdad Court of Appeal
In its Sharia Cassation capacity
362/ Second Sharia/ 56
In the Name of the People
362 / 1 / 56 on 26 / 7 / 56 Upon scrutiny and deliberation
It was found that the appealed judgment issued by the Court of Personal Matters for Musawis in Baghdad
under number 56/114 (w) 33 on 2 / 7 / 56 ruling to dismiss the plaintiff's lawsuit due to the lack of jurisdiction
of the court to hear it is in accordance with the law for the reasons stated therein, so it was decided to ratify it and reject the
appeals and charge the appellant the appeal fees, and the decision was issued by consensus on 26 / 7 / 56
Member
Sharia Court of Cassation
⟦illegible stamp⟧
109
Page 244
2572
21 / 1 / 36
21 January 936
His Eminence the President of the Jewish Religious Court in Baghdad, the Respected
Based on the request of the Ministry of Justice in its letter No. A / 20 / 36 dated 20 January 936
We attach herewith a copy of the petition of Khedhouri Sassoon Bakhash which he submitted to the aforementioned Ministry, and we request that
you inform us of the reasons that led to considering his wife divorced from him, and we request that you attach to the reply the file of
the case to be presented to the Ministry.
A
Sassoon
President of the Community
A M
Page 245
- 2 -
We implore your Excellency to intervene in the case and issue your order to the court or to the head of the community
regarding the necessity of following legal procedures, clearing the courts, and considering my claims according to Article 17 of the Law
of the Israelite Community for the year 931, No. 77, to remove the grievance from me. The matter is yours, Sir;
A true copy
⟦illegible⟧
21 January 936
230
457
262 and you managed and you managed ⟦...⟧
⟦...⟧
262 and you managed and you managed 6 on the night of 26 / 10 and on the night of the eighth it was done with
us all, may mercy be in her eyes and he shall purify her in a basin ⟦...⟧ returning from before us, forgetting mercy
on a night when the holy place is asked of us all from him his exaltation, so she walks to this ⟦...⟧ and she is mourning because she did not work
in her eyes and she has our truth ⟦...⟧
⟦...⟧
Phinehas ⟦...⟧
109
Page 246
His Excellency the Undersecretary of the Ministry of Justice, the Respected
The Petition:
It is that I learned by chance that the Jewish Religious Court in Baghdad has issued
its judgment of divorce for my wife, the named Nona daughter of Nassim Aqirab, from me and handed her the divorce notification. I was surprised by
the matter as I have not previously divorced my wife, and the court did not summon me to appear to refute the claim. Accordingly, I approached
the President of the Jewish Community with a letter in which I explained the case and requested him to intervene in it and order the implementation
of the legal and religious requirements. He referred the aforementioned letter to the court, but the referred court did
not pay attention to the aforementioned letter nor to my multiple follow-ups. The issued judgment is contrary to the law,
procedures, and religious law for the following reasons:
1- I entered into a marriage contract with my aforementioned wife, Nona daughter of Nassim Aqirab, eight years ago. Due to differences that
occurred between us regarding the dowry/trousseau, the marriage was not consummated. Accordingly, the wife approached the religious court and requested a judgment
against me for alimony. The court issued the judgment for alimony, and the judgment was deposited for execution in the Execution Department.
2- The girl's family brought a paper from the Rabbinate of Jerusalem stating my appearance before it and my divorce of my wife, while
at the date of this paper, I was prohibited from traveling outside Iraq by the Passport Department
under Article Eight of the Passport Law. I did not leave Iraq in any form whatsoever, and I have, besides
the mentioned official evidence, multiple pieces of evidence proving my non-departure from Iraq.
3- The mentioned court is formed under the Jewish Community Law No. 77 of 1931 and must
observe the rules of procedure like all other courts.
4- It was the duty of the court, upon my wife's application and filing of the divorce lawsuit, to summon me to appear before it
and grant me time to appear according to the rules to enable the formation of two parties for the trial. If I did not appear, the
trial should be conducted against me in absentia, and I should be notified of the judgment issued in absentia to enable me to object to it and appear
before it to protect my rights. The court did not observe the mentioned rules; rather, it issued its judgment merely
upon the wife's application. Had I not become aware of this, I might have seen my wife's marriage to another man while I am her legal husband.
5- After the court took the letter I submitted to the President of the Community, which was referred to it by him, it suspended
the case, meaning that the wife is now my wife and not my wife at the same time.
6- Furthermore, I requested the mentioned court that I go to Jerusalem and that it send a letter with me and wait for
the Rabbinate of Jerusalem to confirm whether I am the man who actually appeared before it according to the wife's claim or not, to reveal the truth
and reveal the forgery that occurred, but it did not grant my rightful request.
Based on Your Excellency's review of the above presentations, the mentioned court did not observe in my case these rules
followed in conducting trials and summoning both parties, and the case was forged to deprive me of my wife. So, to reveal the truth
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Page 247
Iraqi Government
Ministry of Justice
Please refer to the general number
Section: Editing
General Number: 22/2/15
Special Number: ———
Telegraphic Address: Adliya
Date: 24 Shawwal 1354
20 January 1936
Subject Summary: Petition of Khedhouri Sassoon Bakhash and the divorce of his wife
from him without justification.
Presidency of the Jewish Community in Baghdad
We are sending you the original petition of Khedhouri Sassoon Bakhash and request that you inform us
of the reasons that led to his wife being considered divorced from him, and we request that you attach with the reply
the petition and the file for our review.
⟦signature⟧
On behalf of the Undersecretary of the Ministry of Justice
Presidency of the Jewish Community
Incoming Number 2756
Date 20 / 1 / 36
A. Y. A.
Page 248
The Iraqi Government
Ministry of Justice
Please refer to the general number
Section: Drafting
General Number: 4/19/26
Special Number:
Telegraphic Address: Adliya
Date: 21 Dhu al-Hijjah 1354 / 14 March 1936
Subject Summary: In-person divorce of Sassoon Bakhash from Fanuna Nassim Aqirab
Presidency of the Jewish Community
Baghdad
With reference to your letter numbered 3991 and dated 1/30/1936
We return to you the file sent to us enclosed with your aforementioned letter.
⟦illegible⟧
On behalf of the Acting Minister of Justice
Presidency of the Jewish Community
Baghdad
Incoming Number 2807
Date 15 / 3 / 1936
Register
H. F. 3/12
Page 249
The Religious Court of the Holy Community
Baghdad, May God Protect It
The Jewish Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
No. ⟦...⟧
Date ( 29 Adar ⟦96?⟧ )
Year 569
From His Honor ⟦...⟧ to His Honor ⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
From me ⟦...⟧
Presidency of the Jewish Community
Baghdad
2842
29 / 3 / 29
194⟦...⟧
Dear ⟦...⟧ respected
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
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124
8⟦...⟧
Page 250
2682
27 March 936
To
The Office of the Rusafa Investigating Magistrate
Baghdad
Reference to the petition of Khadhouri Sassoon Bakhash dated 17 March 936 and referred to
the Israeli Religious Court on the 23rd of it
The response of the Religious Court to this petition was that the Rabbinate of Damascus
sent a legal divorce document from the fiancé Khadhouri Sassoon Bakhash received by his fiancée Nuna
daughter of Nassim Akhoub on 6 April 94 corresponding to 29 Adar 93, therefore she was considered
divorced according to the law and procedures.
⟦Alawi⟧
Head of the Community
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
M