AI en Translation, Pages 401-425
Page 401
The Iraqi Government
Ministry of Justice
Please refer to the general number
Correspondence Department:
General Number: A / 229 / 28
Telegraphic Address: Adliya
Date: 20 Ramadan / 1357
12 November / 1938
Subject Summary: ⟦line⟧
Presidency of the Jewish Community
- Baghdad -
Reference to your letter numbered 5185 and dated 8 / 11 / 1938
We request the return of the petition referred to you in our letter numbered A / 339 / 38
and dated 15 September 1938 as quickly as possible.
⟦signature⟧
Minister of Justice
Presidency of the Jewish Community
Number 7622
Date 15 / 11 / 38
A. S.
12
Page 403
To His Excellency the Honorable Minister of Justice
Presented to Your Excellency
I, your servant, have had a judgment issued against me by the Israeli Religious Court in Baghdad reducing
the monthly alimony by three dinars, from fifteen dinars to twelve dinars. Since my husband
is a merchant, a shop owner, and an earner, I was forced to appeal the aforementioned judgment in the Israeli Court of Cassation.
One of the members of the aforementioned Court of Cassation, Rabbi Shlomo Laniado, passed away six months ago,
and until now the community has not elected another member to complete the aforementioned council as an additional member
acting on behalf of the deceased. They proceeded with my appeal, and I was left alone with the additional member, the deputy of the deceased,
who sat for three sessions in his capacity as an additional member and has three signatures from three sessions in the Religious Court.
How is it permissible for him to sit in both the First Instance and the Cassation as a member, and how can he represent
the deceased? Since I am a miserable woman and have no helper to save me from ⟦injustice⟧ except
the mercy of the Creator and Your Excellency, I beg you to issue an order to the Israeli Religious Court to stay
the cassation decision until a legal member is elected so that my appeal can be decided by a legal council,
because the additional member named Rabbi Daoud Shaul, firstly, has no legal right to represent the deceased
Rabbi Shlomo Laniado, and his sitting in both the Court of First Instance and Cassation is contrary to the law
and the regulations. For this, I offer Your Excellency my further thanks in advance.
Eloise Hakham Moshe
24 / 1 / 939
Page 404
To His Excellency the Honorable Minister of Justice
Presented to Your Excellency
I, your servant, have had a judgment issued against me by the Jewish Religious Court in Baghdad reducing
the monthly alimony by three dinars, from fifteen dinars to twelve dinars. Since my husband
is a merchant, a shop owner, and an earner, I was forced to appeal the aforementioned judgment in the Jewish Court of Cassation.
One of the members of the aforementioned Court of Cassation, Rabbi Shlomo Laniado, passed away six months ago,
and until now, the community has not elected another member to complete the aforementioned council as an additional member
acting on behalf of the deceased. They proceeded with my appeal, and I was left alone with the additional member, the deputy of the deceased,
who sat for three sessions in his capacity as an additional member and has three signatures from three sessions in the Religious Court.
How is it permissible for him to sit in both the First Instance and Cassation as a member, and how can he represent
the deceased? Since I am a miserable woman and have no helper to save me from this predicament except
the mercy of the Creator and Your Excellency, I beg for an order to be given to the Jewish Religious Court to stay
the cassation decision regarding me until a legal member is elected so that my appeal can be decided by a legal council,
because the additional member called Rabbi Daoud Shaul, firstly, has no legal right to represent the deceased
Rabbi Shlomo Laniado, and his sitting in both the Court of First Instance and Cassation is contrary to the law
and the regulations. For this, I offer Your Excellency much thanks in advance.
Louise Hakham Moshe
24 / 1 / 939
Page 405
The Iraqi Government
Ministry of Justice
Please refer to the general number:
Section: Correspondence
General Number: 4/25/29
Telegraphic Address: Adliya
Date: 19 Dhu al-Hijjah / 1357
2 January / 1939
Subject Summary: Petition of Louise Hakham Moshe
To -
The Presidency of the Spiritual Court
of the Israelite Community in Baghdad
We refer to you the original petition of the applicant Louise Hakham Moshe
to review its contents and then return it with your opinion
regarding it.
⟦signature⟧
On behalf of the Minister of Justice
S. M.
29
⟦In the Court of⟧ Personal Status for Jews in Baghdad
In the name of His Majesty King Faisal II, the Great King of Iraq
Based on the lawsuit filed in this court by the plaintiff ⟦Fawzia⟧ daughter of ⟦Shaul⟧ against her husband, the defendant
⟦Ezra⟧ son of ⟦Salman⟧, in which he requests a ruling for separation between him and his aforementioned wife due to her leaving the marital home
And after the public hearing in the presence of the parties, and based on what has been proven to this court from the personal and written evidence presented
That the aforementioned defendant has left his aforementioned plaintiff wife without alimony, clothing, or a legal dwelling for a period
Exceeding one year, and based on what was decided by the arbitrators appointed by this court that the situation between the spouses
Has deteriorated to a degree that the marital bond between them cannot continue, and based on the request of the aforementioned plaintiff for separation
Between her and her aforementioned husband, this court has decided to rule for separation between the plaintiff ⟦Fawzia⟧ daughter of ⟦Shaul⟧
And her husband, the defendant ⟦Ezra⟧ son of ⟦Salman⟧, by one irrevocable divorce (Bayna) in which he has no right of return except with a new contract and dowry
The aforementioned plaintiff must observe the legal waiting period (Iddah) from the date of issuance of this judgment, and since the aforementioned plaintiff
Is entitled to the deferred dowry amounting to ⟦fifty⟧ dinars according to the marriage contract presented in the lawsuit, the court has decided
To obligate the aforementioned defendant to pay the aforementioned amount to the aforementioned plaintiff and to charge him with fees, expenses, and attorney's fees
A judgment in presence subject to objection and appeal, issued on the ⟦14th⟧ of the month of ⟦Shawwal⟧ in the year ⟦1372⟧ AH, corresponding
To the ⟦26th⟧ of the month of ⟦June⟧ in the year ⟦1953⟧ AD.
President of the Court of Personal Status for Jews
26 / 6 / 1953
Page 406
The Court of Justice of the Holy City
Baghdad, may God protect it
The Jewish Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
No: 85
Year: 5699
Date: 27 Shevat 5699
Our Master, the Honorable Hakham Bashi, may God protect him
On Thursday, 4 Shevat 5699, Parashat Beshalach
In the Court
And before the court appeared Mrs. Flora daughter of Hanna Habiba
And she brought in her hand the child Elias son of David Elias, known as Salman
His age is in the second year, on the twelfth of the past month of Tishrei
This newborn is from her and by her
And regarding the aforementioned child, he is the son of the aforementioned woman in the place
where she was, and David son of Aaron, known as Ezra, testified to that
Al-Khalaf
And based on this, the newborn is valid, healthy, and true according to the Iraqi law
added in article 7 / 4 before the judge specialized in matters of lineage
that the aforementioned newborn is the son of the aforementioned woman in the place
in truth regarding the aforementioned newborn ⟦illegible⟧
Hezekiah ⟦illegible⟧
Hazan Tuvia
Presidency of the Jewish Community
Baghdad
File Number 4684
Date 15 / 2 / 939
Page 407
5224
16 February 939
To
Ministry of Justice
Baghdad
Reference to your letter numbered A/35/39 dated 4 January 939 to the
Jewish Spiritual Court in Baghdad
We return to you the petition of the applicant Louise Hakham Moshe Ibrahim dated 24 January
939 and below is the opinion of the Jewish Religious Court on it: -
The additional member Rabbi Daoud Shaul participated as a member of the
Jewish Religious Court of First Instance to hear the pleadings in three sessions only, but he did not participate in
issuing the judgment
And upon reviewing this case by the Jewish Sharia Court of Cassation, the member
Rabbi Shlomo Laniado was deceased, so the aforementioned Rabbi Daoud Shaul participated as an additional member
Furthermore, the points mentioned in the applicant's petition concern the third and fourth paragraphs
of Article 15 of the Jewish Community Law No. 77 of 1931, and these two paragraphs
are not clarified and their interpretation belongs to the Bureau of Codification, from which we hope to obtain its opinions
in this regard;
Sassoon
Head of the Community
Page 408
The Iraqi Government
Ministry of Justice
Please refer to the general number
Department: Legal Codification
General Number: 4 / 25 / 29
Telegraphic Address: Adliya
Date: 6 / Rabi' al-Awwal 1358
25 / April 1939
Subject Summary: Petition of Louise daughter of Rabbi Moshe
Presidency of the Jewish Community
- Baghdad -
In response to your letter numbered 5324 and dated 16 / 2 / 1939.
It appeared from the audit that the aforementioned member attended several sessions in the Religious Court
which makes us see that it is not advisable for him to participate in the council that will reconsider
the case under discussion.
⟦illegible signature⟧
Minister of Justice
For the Journal
4 / 26
2226
26 / 4 / 39
Lu ⟦illegible⟧
21 ⟦...⟧ ⟦...⟧ 26
Response
Except for the laws
⟦...⟧
Our division responded 262 and on the date 2 in October 26 / 56 and regarding the judicial response
⟦...⟧ riyah cases 27 in the year
And on the date 27 no 26 previously there was never a balance and it required our division a case in this Issa
- : Regarding cases 27 our division the status of the case responded to filing 262
Our division our division responded regarding 20 responded and it was relied upon and for us responded 27 our division
Official ⟦...⟧ with this regarding I received it was a response for any side or what was mentioned as the value of the cases is not 27
Our division the period
Our division that no response is not 27 response sha our division a story response from its side response h no response no it works
Response no also a story response about what response sha about that and if for the lack of fixed that for the side of what for us there is and for us
Our division reached we said that from what is said an official drawing did not our division case his lord previously about what he said that if not that he
n for the year it is said that he said it 262 qansa 27 right cases not 27 a story for us responded no 51 qa for us no
From the situation his lord returning n eyes responded that no sha that never responded by hand for a period he can no it works his lord
With it the language riyah
⟦...⟧
Division of cases response
Page 409
27 April 939
Petition of Louise daughter of Rabbi Moshe
His Eminence the President of the Israelite Religious Court Baghdad
Reference to your letter numbered 85 dated 26 February 699
We transmit to you below the Ministry of Justice letter No. A/39/35 dated 25 April 1939
For your information;
On behalf of
The President of the Community
Copy of the letter
In response to your letter numbered 5324 and dated 16/2/939
It appeared from the audit that the aforementioned member attended several sessions in the Religious Court
Which makes us see that it is not advisable for him to participate in the council that will reconsider
The case under discussion;
Minister of Justice
True copy
⟦illegible bleed-through text from reverse side⟧
Page 410
⟦illegible⟧
362 N for the year 57
In the case of the heirs of the late Daoud Khadouri
Based on the request submitted by the lawyer Mr. Abdul Razzaq Qaddouri
In the name of the people
Based on the request submitted by the lawyer Mr. Abdul Razzaq Qaddouri
333 N for the year 56 in issue 58 on 1/11/1958 and ratified by cassation under number
3621 N for the year 56 in issue 56/3621, in which the shares of the minors Melka, Linda, Nihad, and Evelyn are documented
In the real estate numbered ⟦illegible⟧ in the ⟦illegible⟧ neighborhood
Personal Status Court
On 6/1/1963 and based on the request submitted by the lawyer Mr. Abdul Razzaq Qaddouri
This court decided to grant the request, and since the aforementioned minors have reached the age of majority
As established by their attached birth certificates, the court decided to consider them adults
In disposing of their shares in the aforementioned real estate
The Judge
Chief Clerk
Page 411
⟦illegible⟧
His Excellency the Honorable Minister of Justice
Since the district of 'Anah contains approximately (60) families of the Israelite community, and for the management of
the affairs of this community, it is necessary to appoint a head for it so that a council may be formed for all revenues and their expenditure
on the endowments and institutes belonging to this community located in this district, in accordance
with the supplement to the Israelite Community Regulation No. (48) of 1932. Since the Israelite community
residing in this district has nominated me as its head to manage its affairs as presented above,
as understood from the attached minutes, I therefore request the issuance of an order to refer this petition
to the relevant authority to take the necessary legal action and appoint me as head of the aforementioned community.
The matter is yours, Sir.
⟦illegible⟧
Sincerely,
Salman Aziz
From the residents of 'Anah district
26 January 939
Page 412
His Eminence, the President of the Israelite Community in Baghdad, the Respected
After greetings
We, the undersigned, the Jewish group of 'Ana, wish to appoint our candidate Salman Uzair as president
of our group, in view of our dire need for someone to represent us before government departments, and as he is one of
our notables in our trade, known for good conduct and integrity. He has managed the affairs of our institutes
for thirty years, and he was and still is supervising the collection of revenues and expenditures for the administration of the various
community affairs and managing its endowments. In view of the excellent qualities he possesses, we hope that you will mediate in your turn
with the venerable Ministry of Justice to obtain approval. With respect to your Eminence.
Signatures
Page 413
His Eminence, the President of the Israelite Community in Baghdad, the Respected
After greetings,
We, the undersigned, the Jewish group of ⟦Ghanah⟧, wish to appoint our candidate Salman Awir as president
for our group, in view of our dire need for someone to represent us before government departments, and as he is
among our notables and merchants known for good conduct and integrity. He has managed the affairs of our institutes
for thirty years, and he was and still is supervising the collection of revenues and expenditures for the administration of the various
community affairs and in charge of its endowments. In view of the excellent qualities he possesses, we hope that you will mediate on your part
with the venerable Ministry of Justice to obtain approval. With all respect to your Eminence.
Signatures
Page 415
5212
15 February 939
⟦12⟧
To the respected Mr. Salman Ezra
Anah
Greetings
The Ministry of Justice has referred to us your petition dated 26 / 1 / 939 along with the report of the Jews
residing in Anah regarding your nomination as their representative. Since it is necessary to deliberate
with you personally before deciding on the matter, we hope you find an opportunity to come to Baghdad and meet us
so that we may provide an answer to the esteemed Ministry;
⟦On behalf of⟧
Head of the Community
Page 416
7/19
<del>14</del> March 939
12
Ministry of Justice
Baghdad
Reference to your letter No. 7/1/16/1 dated 28 January 939
We agree to the appointment of Mr. Salman Aziz, nominated by the Israelites in 'Anah, to be
their official representative regarding his dealings with the government, provided that he exercises the authority of the head
of the 'Anah community in the Israelite Community Law No. 77 of 1931 and its Regulation No. 36 of
1931 in his capacity as a representative of the Presidency of the Israelite Community in Baghdad to manage the affairs of the Israelites in
<del>'Anah</del>
As for the management of physical matters which are within the jurisdiction of the Lay Council
according to Article 7 of the Community Law and Article 21 of its Regulation, the group of Israelites
in 'Anah may elect from among themselves a committee to carry them out, and this committee shall act as a sub-committee
of the Israelite Lay Council in Baghdad, like the rest of the committees formed according to the last paragraph
of Article 21 of the Community Regulation
As for the spiritual matters referred to in Article 9 of the Community Law and 26 of its Regulation,
they shall remain subordinate to the Spiritual Council and the Israelite Religious Courts in Baghdad directly.
Lu
Ezra
Head of the Community
Archive
7/19
Page 417
Iraqi Government
Ministry of Justice
Please refer to the general number
Department: Legal Codification
General Number: A / 19 / 1 / 7
Telegraphic Address: Adliya
Date: 8 / Safar / 1358
29 / March Year 1939
Subject Summary: Return of a petition and a protocol
Presidency of the Jewish Community
- Baghdad -
With reference to your letter numbered 53 and dated 11 / 3 / 1939.
We request the return of the petition and the protocol sent enclosed with our letter numbered A / 19 / 1 / 7
And dated 28 / 1 / 1939.
⟦signature⟧
On behalf of the Minister of Justice
Presidency of the Jewish Community
7225
30 / 3 / 1939
M R Y A
Page 418
5285
30 March 939
Appointment of a representative for the head of the community in Ana
Ministry of Justice
Baghdad
Reference to your letter No. 7/1/19/9 dated 29 March 939
We return to you herewith the original petition and the minutes sent to us under your letter No. 7/1/19/9
dated 28 / 1 / 1939 ;
⟦for⟧
on behalf of
Head of the Community
Page 419
5825
06 ⟦T⟧ ⟦Th⟧ 63
From it, an anxious vision for what the Presidency of the Assembly sent
In it we place the laws
What resulted
63 T Th 26 in letter 7 / 1 / 63 in Raya Company in 151
7 / 1 / 63 in a company and for it, its heart has heard for its department, the Presidency of the Assembly Council
In letter 86 / 1 / 6321
⟦Solution⟧
Sali's shelf from
Page 420
Copy of a Guarantee
Whereas the lawsuit formed between Heskel Murad Shatoub and his fiancée Nazima Daoud Balas has
been heard by the Israeli Religious Court in Baghdad, and it issued its decision that the
aforementioned Heskel must divorce the said fiancée Nazima, and since the aforementioned decision has not been implemented by the said Heskel
until now, and the fiancé has no right to marry another woman unless he submits to the implementation of this decision, and since
the aforementioned fiancé Heskel intends to travel outside Iraq for some private interests,
therefore, I, the undersigned, acknowledge and confess that I am a guarantor and surety for the payment of a monthly maintenance of five Dinars
imposed by the Israeli Religious Court and ruled for the fiancée against the aforementioned fiancé Heskel
in the event that it is proven to the aforementioned court that he married another woman without
divorcing his said fiancée Nazima, and that is without any objection. I also pledged to accept all notifications
required in this regard which are issued by the referred court and by the Execution Department instead
of the said fiancé, and I have waived my right to object to the jurisdiction. For this reason, I have given this guarantee
certified by the Notary Public of the city of Baghdad, written
on the acknowledgment and acceptance of the guarantor.
True copy
Page 421
⟦Copy of a Guarantee⟧
⟦Whereas Mr.⟧ ⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
24 August 936
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
Presidency of the Civil Court of First Instance
Baghdad
Enclosed is a copy of a guarantee submitted by one of the litigants before the Jewish Religious Court in Baghdad
The aforementioned Religious Court has requested to seek the opinion of your esteemed court regarding it from
the legal perspective. After reviewing it, we request you to inform us whether this guarantee is
considered valid and securing the rights of the wife, given that the guarantor therein guarantees alimony before the issuance
of a judgment for it by the Sharia Court;
On behalf of
The Head of the Community
Page 422
Baghdad
Presidency of the Civil Court of First Instance
Number: 2527
Date: 1939/8/23
To the Presidency of the Jewish Community in Baghdad
With reference to your letter dated August 21, 1939, to which a copy of a guarantee is attached.
This court regrets its inability to provide its opinion from a legal perspective
regarding the aforementioned guarantee, and we hereby return it to you.
⟦signature⟧
The President
8/27
8/27
7494
27 / 8 / 939
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
17 T 194 ⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
Number ⟦158⟧ / Year ⟦1954⟧
Issue
Based on the request submitted to us by the claimant ⟦Salima⟧ daughter of ⟦Isaac⟧ residing in the ⟦Qanbar Ali⟧ neighborhood
in Baghdad, we have decided to appoint her as a temporary guardian over her two minor children ⟦Youssef⟧ and ⟦Suad⟧, children of ⟦Salman⟧
the deceased, for the purpose of receiving the sums due to them from the estate of their aforementioned father.
We have restricted this guardianship to receiving the aforementioned sums only, provided that she submits a guarantee bond
in the amount of ⟦fifty⟧ dinars. ⟦Written⟧ on ⟦1/18/1954⟧
The Judge
Personal Status Court
Page 423
525⟦4⟧
27 August 939
His Eminence, the President of the Jewish Religious Court in Baghdad
Reference to your letter dated 5 September ⟦699⟧
We transmit to you below the letter of the Presidency of the Civil Court of First Instance No. 3537 dated 24/8/939
For your information, and we return the original copy of the guarantee enclosed herewith:
On behalf of
The Head of the Community
⟦line⟧
To the Presidency of the Jewish Community in Baghdad
Reference to your letter dated 21 August 939, with a copy of the guarantee enclosed
This court regrets its inability to express its opinion from a legal perspective regarding the guarantee
referred to, and we return it to you herewith:
The President
True copy
Page 424
The Rabbinical Court of the Holy City
Baghdad, May God Protect It
The Jewish Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
No. 500
Year 5699
Date 21 Av 5699
Known to all who see that on the day
Today, the twenty-fifth of the month of Av, the year
five thousand six
hundred and ninety-nine from the creation of the world according to the count we
count here in Baghdad, May God Protect It, there came before us, the court
signed below
⟦Ezra Sassoon⟧
⟦Judge and Teacher⟧
⟦The Jewish Religious Court in Baghdad⟧
⟦JEWISH RELIGIOUS COURT BAGHDAD⟧
5255
263 B 3 76
In the name of His Majesty King Faisal II, King of the Great Iraq
263 Case No. 5 in the Sharia Court in Karrada
26/8/965 in the record 7656 and on the date 24/11/965 the judgment was issued by us, the Judge of the Sharia Court
in Karrada, Mr. ⟦Abdul Baqi⟧ ⟦Al⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
Judge
Karrada Sharia Court
⟦line⟧
In the name of His Majesty King Faisal II, King of Iraq
In the Sharia Court in Karrada 263 B 3 in the case numbered 5 in Karrada
In the record numbered 7656 on the date 24/11/965 the judgment was issued by us, the Judge of the Sharia Court in Karrada
In personal status cases for Musawis and Jews
Registrar
Chief Clerk
Page 425
5659
29 August 1939
Ministry of Justice
Baghdad
Enclosed is a copy of a guarantee submitted by one of the litigants before the Jewish Religious Court
in Baghdad. The aforementioned court has requested to seek the opinion of the Codification Bureau in
your esteemed ministry regarding this guarantee from a legal perspective. After reviewing it,
we request that you inform us whether it is considered valid and a guarantee for the wife's rights, given that the guarantor
therein guarantees alimony before a judgment is issued by the Sharia Court;
⟦illegible⟧
⟦Sassoon⟧
Head of the Community