Correspondence Regarding Legal (Marriage and Divorce) Proceedings between the Ministry of Justice and the Jewish Religious Courts
View interactive document pageThese documents include several construction contracts and accounting information for the Baghdadi Jewish Community. Also included are letters of correspondence between the Iraqi Ministry of Justice and the Jewish Religious Courts regarding legal issues, often involve marriage and divorce proceedings and jurisdiction issues. Most documents originating from the Jewish Courts are handwritten in Judeo-Arabic.
Letters 28 / 8 / 4 17 Dhu al-Qi'dah / 1356 19 January / 1938 To :- Presidency of the Spiritual Court Baghdad We send to you herewith the original petition of the applicant Ezra Moallem Ibrahim for your review and to take the necessary action, then return it with your opinion regarding it. ⟦Abdul Razzaq al-Azri⟧ On behalf of the Minister of Justice S M 18
The Religious Court of the Holy City Baghdad, may God protect it The Jewish Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD No.: 270 Year: 5699 Date: 6 Adar 5699 To the honorable Mr. Hakham Sassoon Kadoorie, may his light shine Head of the Lay Council of Baghdad Peace and Blessing We hereby inform you that on the day of 6 Adar 5699, there appeared before us in our court Mr. Isaac son of Ezra Cohen and Mrs. Hannah daughter of Ezekiel Ezra Cohen and declared before us that they agree to divorce with a writ of divorce according to the law of Moses and Israel, and since they have no children and the aforementioned Mrs. Hannah waived all her rights due to her from her aforementioned husband and also her Ketubah and any other claim she has against him, and they took upon themselves with a complete and final acquisition from now according to law and statute and signed this before us on the aforementioned day, and peace. ⟦signature⟧ Hazon Ovadia Presidency of the Jewish Community Baghdad Special No. 770 Date 8 / 3 / 1939
Legal Documentation 28 / 8 / 4 ⟦illegible⟧ / 1356 / ⟦illegible⟧ 4029 9 February 938 17 Petition of Sabra Muslim Ibrahim Presidency of the Israelite Community in Baghdad Ministry of Justice Reference to your letter No. P / 8 / 38 dated 19 January 938 addressed to the Spiritual Court in Baghdad The aforementioned court has informed us that it had issued a ruling dated 26 July (A) for the plaintiff Marcelle Youssef Rabie against her husband Ezra Muslim Ibrahim to pay alimony monthly in the amount of six dinars, in the presence of his attorney, lawyer Selim Saltoon, and after that the aforementioned plaintiff Marcelle appealed the aforementioned ruling in the Israelite Sharia Court of Cassation in Baghdad, and the aforementioned court decided to increase the alimony amount to ten dinars per month. The religious court notified the defendant of the necessity of attending on the day of 15 February 938 (A) for the hearing, but he did not attend. Therefore, after reconsidering the case anew, the religious court issued a default judgment confirming the alimony amount and increasing it to ten dinars per month; On behalf of The Head of the Community 27
Iraqi Government Ministry of Justice Please refer to the general number Department: Legal Codification General Number: 4 / 8 / 28 Telegraphic Address: Adliya Date: 28 Dhu al-Hijjah / 1356 1 March / 1938 Subject Summary: <del>Petition of Ezra Moallem Ibrahim</del> To - Presidency of the Israelite Community Baghdad In response to your letter No. 4769 dated 17 / 2 / 1938. We request the return of the original petition referred to so that we may express an opinion regarding the subject. ⟦signature⟧ On behalf of the Minister of Justice Presidency of the Israelite Community: Private Number: 2289 Date: 2 / 3 / 1938 S. M. 27
Legal Codification 28 / 8 / 6 28 Dhu al-Hijjah / 1356 1 March / 1938 Administration Petition of Ezra Moallem Ibrahim To :- Presidency of the Israelite Community Baghdad In response to your letter No. 4769 dated 17 / 2 / 1938. We request the return of the original petition referred to so that we may express an opinion regarding the subject. ⟦illegible⟧ On behalf of the Minister of Justice M N M 27
21 March 938 Ministry of Justice Reference to your letter No. A/8/38 dated 11 March 938 We return to you herewith the original petition of Ezra Moallem Ibrahim referred to in your letter; On behalf of Head of the Community ⟦illegible⟧
Iraqi Government Ministry of Justice Baghdad Issues Division Number / H 4/36 Date 25 Muharram / 1357 27 March / 1938 Circular To :- His Beatitude the Patriarch of the Chaldean Catholics in Baghdad His Eminence the Bishop of the Syrian Catholics His Eminence the Head of the Jewish Community The High Priest of the Latins in Baghdad His Beatitude the Head of the Armenian Catholic Community " " " Armenian Orthodox All Sharia Courts in the Baghdad Liwa We refer to the provisions of Article Ten of the Civil Status Registration Law No. 54 of 1927 which required religious and civil authorities to inform the competent civil status authorities about incidents of marriage, divorce, and separation, and we request your continued compliance in implementation of the provisions of the law. ⟦illegible signature⟧ Minister of Justice A copy of it to :- Baghdad Liwa Governorate - referring to its letter numbered T / 5312 and dated 22 / 3 / 1938. S M 27 Presidency of the Jewish Community Baghdad Special Number 2412 Date 28 / 3 / 938
Iraqi Government Ministry of <del>Justice</del> Baghdad Correspondence Department Number J / 36 / 4 Date 27 March 938 Circular To - His Beatitude the Patriarch of the Chaldean Catholics in Baghdad His Excellency the Bishop of the Syrian Catholics His Eminence the Head of the Jewish Community The Chief Priest of the Latins in Baghdad His Beatitude the Head of the Armenian Catholic Community His Beatitude the Head of the Armenian Orthodox All Sharia Courts in the Baghdad Province We refer to the provisions of Article 10 of the Civil Status Registration Law No. 54 of 1927 which required religious and civil authorities to inform the competent civil status authorities about incidents of marriage, divorce, and separation, and we request to continue doing so in implementation of the provisions of the law. Minister of Justice A copy of it to - The Governorate of Baghdad Province - in reference to its letter numbered T / 5312 and dated 15 / 3 / 938 True copy ⟦illegible⟧ 21 / 4 / 938
Iraqi Government Ministry of Foreign Affairs Directorate of Consular Affairs Number Q: 3344/3344/100 Baghdad on: February 20, 1938 Ministry of Interior Ministry of Justice The Consul of Austria in Damascus requested to be provided with the conditions and date of marriage of Mr. Walter Comberg to Miss Herta Schweder (it is suspected that the contract was completed before August 17, 1937) as well as an uncertified copy of the marriage contract with the names of the witnesses, and to inform him whether the aforementioned lady converted to the Jewish religion. We kindly request you to provide us with a copy of the mentioned contract (if found) and other information to fulfill the request of the aforementioned Consul. ⟦signature⟧ For the Minister of Foreign Affairs 21/6
The Iraqi Government Ministry of Justice Urgent Please refer to the general number: Section: Correspondence General Number: J 42 / 44 Telegraphic Address: Adliya Date: 10 Rabi' al-Awwal / 1357 Date: 11 May / 1938 Subject Summary: Witnesses of Miss Herta Schweder Presidency of the Jewish Community in Baghdad We are sending you herewith a copy of the Ministry of Foreign Affairs' letter No. Q 3344 / 100 / 3344 dated February 22, 938 regarding whether Miss Herta Schweder converted to the Jewish religion and providing us with all the required clarifications therein. ⟦signature⟧ On behalf of the Minister of Justice Presidency of the Jewish Community Baghdad Private Number 244 Date 11 / 5 / 938 The copy is not attached and I have contacted Mr. Sasson Hemi at the Ministry of Justice and he promised to send it to us ⟦signature⟧ 11 / 5 A. S. 10 To the Presidency of the Jewish Community in Baghdad Attached herewith is our letter No. 298 / 42 Dated 10 / 15 / 58 ⟦Presidency of the Jewish Community⟧ ⟦Incoming No.⟧ ⟦...⟧ ⟦Date⟧ ⟦...⟧ ⟦illegible text⟧
4917 16 May 938 19 Urgent His Eminence, the President of the Honorable Israeli Religious Court We transmit to you below the letter of the Ministry of Foreign Affairs No. Q 100/334/3344 dated 22 February 938 regarding whether Miss Herta Schweder converted to the Jewish religion and providing us with all the clarifications requested therein as quickly as possible. ⟦illegible signature⟧ Head of the Community at Ministry of Foreign Affairs Number Q 100/334/3344 Date 22 February 938 Ministry of Interior Ministry of Justice The Consul of Austria in Damascus requested to be provided with the conditions and date of marriage of Mr. Walter Komberg to Miss Herta Schweder (it is thought that the contract was concluded before 17 August 937) as well as an uncertified copy of the marriage contract with the names of the witnesses and informing him whether the aforementioned lady converted to the Jewish religion. We request you to kindly provide us with a copy of the aforementioned contract (if it exists) and other information to fulfill the request of the aforementioned Consul. For the Minister of Foreign Affairs True Copy
The Religious Court of the Holy City Baghdad, May God Protect It The Jewish Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD Year: 569 No.: Date: 21 Adar ⟦...⟧ We testify that Mr. ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦illegible⟧ 2455 929/5/23 R M R N 863 B L 7 R M In the Name of His Majesty Court of Cassation - General Civil Panel 100/3366/3367 We, the undersigned judges, have decided to conduct an audit of the judgment issued by the Personal Status Court of Cassation No. 863 B L 76 on 4/7/77 which ruled to uphold the judgment issued by the Personal Status Court in Karrada Al-Sharqiya regarding Court Registrar 100/3366/3367 on 4/7/77 863 B L 76 on 4/7/77 Personal Status Cassation Personal Status Panel Court of Cassation of Iraq Based on the cassation request submitted by the attorney for the appellant, Lawyer Raha Bank (763 B 76 dated 4/7/77) which includes a request to correct the cassation decision issued in the case numbered above, and accordingly, the case was placed under audit by us, the undersigned judges, and after reviewing the documents related to the case, it appeared to us In the name of His Majesty the King, that the aforementioned cassation decision is (legally correct) And it has been decided Personal Status Cassation Chief Justice
Certificate 8402/10 June 7, 1937 (Image) Based on the certificate numbered 11 and dated 16 Sivan, year 5697 (Hebrew) Issued by the Jewish Religious Court in Baghdad, we certify that Mrs. Herta Schroeder, of the Christian faith, appeared before the aforementioned Religious Court while pregnant by her Jewish husband named (Walter Combridge) and requested to join the Jewish religion. Accordingly, the necessary ceremonies were performed for her, and she became Jewish and was named (Hanna) on the sixteenth day of the month of Sivan, year 5697 (Hebrew), corresponding to the twenty-sixth day of the month of May, year 1937 (AD). Baghdad, on the twenty-eighth day of the month of Sivan, year 5697 (Hebrew), corresponding to the seventh day of the month of June, year 1937 (AD). Head of the Jewish Community in Baghdad True copy 25 May 937
4922 42/29 25 May 938 To Ministry of Justice Baghdad Reference to your letter No. J / 42/29 dated 11 May 938 The marriage of Mr. Walter Comberg to Miss Herta Schroeder took place in Baghdad on June 10, 937, and the two witnesses were Mr. Sassoon Shloul Rabbi Moshe Rabbi Sassoon and Mr. Shalim Salim Rabbi Eliyahu Ibrahim. Also, the aforementioned lady has converted to the Mosaic religion and changed her name to (Hannah). You will find enclosed a copy of the certificate of conversion for your information; On behalf of Head of the Community
The Iraqi Government Ministry of Justice | Please refer to the general number | Section: Correspondence General Number: J 42/29 Telegraphic Address: Adliya Date: 20 Rabi' al-Awwal / 1357 20 May / 1938 Subject Summary: Marriage of Mr. Walter Gomperz Presidency of the Jewish Community Baghdad With reference to your letter numbered 4923 and dated 26/5/38 We request that you provide us with the marriage conditions of Walter Gomperz to Miss Herta Schuyd and a copy of the marriage contract, as requested in the Ministry of Foreign Affairs letter Numbered Q 3344/3344 / 100 and dated 22 February 93, a copy of which was sent to you enclosed with this Ministry's letter numbered J 42/29 and dated 22/5/38 H ⟦signature⟧ Minister of Justice Presidency of the Jewish Community: Baghdad Private Number: 7467 Date: 21 / 5 / 38 A. S. 28
Copy of the marriage contract of Mr. Walter Gomperz to Miss Herta Schroeder Book Register 3 Number 129 ⟦24/12/2⟧ On the fifth of the week, coinciding with the first day of the month of Tammuz 695 (A), there was married Mr. Walter son of Otto Gomperz to the woman who converted to the Mosaic religion, Hannah daughter of Abraham Avinu; Fils | Dinar | " | 74 | Advanced and deferred " | 1 | Increase " | 75 | Total seventy-five Dinars Witness Witness Shimon Shaul Hakham Moshe Shlomo Salem Hakham Eliyahu Hakham Shimon True copy 8 / 6 / 935 ⟦illegible stamp⟧
4952 8 June 938 12 Ministry of Justice Reference to your letter numbered C 42/29 and dated 30 May 938 We attach herewith an uncertified copy of the marriage contract of Mr. Walter Comberg to Miss Herta Schroeder containing the marriage conditions. ⟦illegible⟧ On behalf of Head of the Community
Rabbi Sassoon Khedouri Head of the Jewish Community in Baghdad Telephone Number 531 Number: 22 Date: 20 April 1938 Subject Summary: ⟦Ministry of Justice⟧ ⟦Bureau of ...⟧ The Honorable Ministry of Justice Following up on our letter dated 18 April 1938 We submit to your honorable ministry a copy of the petition submitted by the lawyer ⟦Sayyid Khalil⟧ Murad, the agent on behalf of Daoud Youssef Moshi, requesting that it be attached to our aforementioned letter and its attachments as a supplement to it for the purpose of review by the Legal Codification Department as stated in our aforementioned letter. With highest respect to your Excellency. ⟦illegible signature⟧ Head of the Community ⟦For filing⟧
His Excellency the Honorable Minister of Justice Through the Israelite Mosaic Religious Court and the Waqf A person named Daoud Youssef has approached the ⟦court⟧ requesting a ruling to prove the marriage of Rosa, daughter of Youssef Daoud, to the deceased Youssef Moussa Mirkhan, whose marriage contract took place in Hamadan as he claimed, and who had sent a letter of divorce from Baghdad in the year 5656 Hebrew, corresponding to 1894 AD, by the aforementioned deceased who had been living in Baghdad for a period of years continuously and died two years ago in Baghdad. This lawsuit was filed against <del>⟦illegible⟧</del> the aforementioned, one of the heirs from his wife with whom he contracted marriage in Baghdad. During the proceedings, the aforementioned defendant Rosa objected to the jurisdiction of the ⟦court⟧ to hear this lawsuit in the religious court as prescribed by the law set forth in her brief, and we submit a copy of her brief along with a copy of the aforementioned letter enclosed with this letter of ours - Since the points mentioned in the claim and the defense are legal matters, please refer them to the legal authority for scrutiny and to state whether hearing this lawsuit falls within the jurisdiction of the Israelite Religious Court in Baghdad or not. This is for your order, appreciation, and respect.
The Rabbinical Court of the Holy City Baghdad, may God protect it The Jewish Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD No.: Year: 569 Date: 5 Nisan 52 To the honorable Hakham Sassoon Kadoorie, may God protect and preserve him Head of the Jewish Community in Baghdad Peace and Blessing We hereby send to your honor the papers belonging to Mr. Abraham son of Isaac Aboud and his wife Mrs. Farha daughter of Isaac Joseph Sassoon which were submitted to this court with their request to receive a divorce decree between them according to an agreement between them ⟦illegible signature⟧ Hazan Ezra And we received from them a total of twenty-five Dinars for the divorce and Ketubah fees The undersigned Presidency of the Jewish Community Baghdad Private Number 2419 Date 7 / 4 / 52
(B) 4842 8 April 938 For registration and filing His Excellency the Minister of Justice, the Respected A person named Daoud Youssef Moshe has approached the Israeli Religious Court in Baghdad requesting a judgment to prove the marriage of Zuleikha, daughter of Youssef Daoud, to the deceased Youssef Moshe Maryam Khan, whose marriage contract took place in Hamadan according to the claim, and who had sent her divorce papers from Baghdad in the year 5665 Hebrew, corresponding to 1894 AD, from the aforementioned deceased who was residing in Baghdad approximately fifty years ago and died two years ago in Baghdad. This lawsuit was filed against Farha, daughter of the aforementioned Youssef Moshe, one of his heirs from his wife whose marriage was contracted in Baghdad. During the proceedings, the defendant, the aforementioned Farha, objected to the court's jurisdiction to hear this case in the Religious Court according to the legal reasons set forth in her brief. We submit a copy of her brief along with a copy of the response given to it by the plaintiff's attorney. Since the points raised in the claim and the defense are legal matters, please refer them to the Codification Committee for study and to state whether hearing this case falls within the jurisdiction of the Israeli Religious Court in Baghdad or not. ⟦Sassoon⟧ Head of the Community Lu
The Court of Justice of the Holy City Baghdad, may God protect it The Jewish Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD No.: Year: 569 Date: Designating one of the scholars of the House for Shulchan Aruch In the name of one of the scholars of one of the communities in Baghdad To the excellence of the scholars We received your honorable letter dated ⟦...⟧ in which you informed us and each of the scholars shall hold this document and anyone who violates any of them shall be excommunicated and shall be rebuked and accepted in the communities let him not repent and he shall be banned and he shall be rebuked and accepted in the communities in this world and the next And love peace and truth Ezra Dangoor Hezekiah Ovadia ⟦illegible⟧ (B) 862 N Committee 8 ⟦illegible⟧ Regarding the cases filed against him Regarding what was stated in the plaintiff's petition in a case that has no foundations, as for her first case previously Regarding the alimony lawsuit, what the plaintiff reasoned and explained regarding the alimony case is what he exaggerated in explaining Knowing that the date of this lady's divorce before him in the court that was held, and she has his explanation In her marriage certificate No. 381 and its date in 5352 AH, I said what was before this court, the committee of the head of the Court, I said in a copy of this paper what the plaintiff in her lawsuit has no profit for us or others or in winning cases Regarding a specific ten and it has a result or in this report that he has what the plaintiff has in accordance with a winning paper In this report, what the plaintiff in the court and the interview committee, as for the requirement of this paragraph of her lawsuit, is winning In the explanation and support of her case submitted for each paper in her presentation to the esteemed court, and this is what I was required to submit to it The court, as in her mentioned case, is a meeting, not as her case has become, as for her case, it is winning and what was cared for In this report, winning in the means, and this is the reason also that he has evidence in doubt, he had evidence and a beneficiary In the reason for this case, I only see interests in the interest of this, just as in court cases he had the wave In her lawsuit, these are strengths in no, but rather he has no business in the matter of the case, and as for this, he did not obtain In the interest of what the plaintiff has no foundations, and as for her case, it is winning, I conclude Signature Copy for the defendant
Rabbi Sasson Khedhouri Head of the Jewish Community in Baghdad Telephone Number 531 Number: Date: Subject Summary: The Honorable Ministry of Justice Subsequent to our letter dated April 18, 1938 We submit to your esteemed ministry a copy of the memorandum submitted by the lawyer Heskel Murad, the proxy on behalf of Daoud Youssef Moshi, requesting that it be attached to our aforementioned letter and its attachments as a supplement to it, for the purpose of being audited by the Legal Codification Department as stated in our aforementioned letter. With our highest respect to your Excellency: . ⟦Sasson Khedhouri⟧ Head of the Community
The Iraqi Government Ministry of Justice Legal Codification Department Please refer to the general number General Number: J / 29 / 120 Subject Summary: Proof of marriage for a foreigner. Telegraphic Address: Adliya Date: 12 Rabi' al-Awwal / 1357 14 May / 1938 To the Presidency of the Jewish Community Baghdad In response to your letter No. 4342 dated 18 / 4 / 1938 We see that the points to be resolved are - 1 - Is the consideration of this lawsuit within the jurisdiction of the Iraqi courts or not? 2 - And if it is within the jurisdiction of the Iraqi courts, is it among the functions of the Jewish Religious Court or not? After careful consideration - 1 - Since both parties are residents of Iraq, the courts of Iraq have the authority to consider the aforementioned lawsuit by analogy to what is stated in the sixth paragraph of Article - nine of the Sharia Procedure Law. 2 - If it is verified that the deceased is of Iranian nationality, then in view of the provisions of personal status for foreigners, the consideration of the lawsuit is among the functions of the Personal Matters Judge. However, if he was of Iraqi nationality, then the consideration of the lawsuit is among the functions of the Jewish Court. ⟦signature⟧ Minister of Justice Presidency of the Jewish Community Baghdad Private Number 2445 Date 15 / 5 / 1938 Copy to the Court A.S. 10