Voices from the Archive

IJA 3310

Correspondence Regarding Legal (Marriage and Divorce) Proceedings between the Ministry of Justice and the Jewish Religious Courts

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Description

These 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.

Metadata

Archive Reference
IJA 3310
Item Number
15751
Date
Approx. January 1, 1921 to December 31, 1930
Languages
Multiple Languages
Keywords
Judeo-Arabic, Jewish Religious Court, Ministry of Justice, Ministry of Foreign Affairs, Court of Appeals - Baghdad, Charity, Contract, Typed, Accounting, Baghdadi Jewish Community, Ministry of the Interior, Legal, Spiritual Council, Administrative Committee for Iraqi Jews, Ink Stamps, Palestine, Divorce, Chief Rabbi, President of the Jewish Community, Syria, Correspondence, The Royal Hospital, Annotation, Handwritten, Revenue Stamps

AI en Translation, Pages 426-450

Page 426

The Iraqi Government
Ministry of Justice
Please refer to the general number
Department: Legal Codification
General Number: 1/1/19/A
Telegraphic Address: Adliya
Date: 17 / Shaban 1358
1 / September 1939
Subject Summary: Legality of a Power of Attorney
Head of the Jewish Community
- Baghdad -
In response to your letter No. 5659 dated 8/30/1939.
Upon reviewing the copy of the power of attorney sent with your above letter, it appeared to contain
two matters: the first is a person's undertaking to pay what the Civil Court will impose on the person named Heskel
Murad as alimony for his fiancée Nazima Shahraba, amounting to five dinars. The second involves the acceptance
by a person, who is the guarantor, of notification of papers issued by the Religious Court and the execution departments to
the aforementioned Heskel Murad on his behalf, meaning that the first matter involves a guarantee and the second a power of attorney.
As for the guarantee, it is concluded by the offer of the guarantor, and the beneficiary has the right to reject it. The mentioned copy has
included what is legally required for the validity of the guarantee; therefore, we see that it can be accepted from this perspective.
As for the second matter, it included the agent's acceptance of notification on behalf of the aforementioned Heskel and the waiving of some rights
belonging to him. Since this depends on the authorization by the principal, and as there was no such authorization,
we do not see - in this case - that it is possible to consider what he undertook from this perspective as valid.
Minister of Justice
⟦signature⟧
7518
9/10/939
9/10
M. A.

3525
3631 B 32
In the name of God, the Most Gracious, the Most Merciful
A Statement to the People
The Committee of Endowments, Cemeteries, and Schools belonging to the Jewish Community in Baghdad announces
that it has decided to conduct a public auction to sell the debris of the old Alliance School building
located in the Qanbar Ali neighborhood, with an area of ⟦1200⟧ square meters.
Those interested in purchasing should visit the committee's secretariat in the new Alliance School building
located in the Al-Sinak neighborhood to submit their offers within a maximum period of
ten days from the date of publication of this announcement.
On behalf of
The Committee of Endowments and Cemeteries

Page 427

5697
4 October 939
12
His Eminence the President of the Jewish Religious Court in Baghdad
Reference to your letter No. 500 dated 13 September 939
We transmit to you below the letter of the Ministry of Justice No. 9/16/1/10 dated 1/10/939
regarding the legality of the power of attorney sent with your letter;
On behalf of
The President of the Community
⟦line⟧
Presidency of the Jewish Community - Baghdad -
In response to your letter No. 5659 dated 30/8/1939
Upon noting the copy of the power of attorney sent with your above letter, it appeared that it contains two matters:
One of them is a personal undertaking to pay what the Religious Court will impose on the named Heskel Murad for alimony
to his fiancée ⟦Fatima⟧, five dinars. The second involves the acceptance of a person, who is the guarantor, of the notification
of the papers issued by the Religious Court and the execution departments to the aforementioned Heskel Murad on his behalf
meaning that the first matter involves the guarantee and the second the power of attorney
As for the guarantee <del>⟦illegible⟧</del> ⟦it is concluded⟧ by the offer of the guarantor only, and the beneficiary has the right to reject it, and the mentioned copy has included
what is legally required for the validity of the guarantee, therefore we see that it can be accepted from this aspect.
As for the second matter, it included the agent's acceptance of notification on behalf of the aforementioned Heskel and the waiver of some rights
belonging to him, and since that depends on the authorization by the principal, and there was no authorization
we do not see - in this case - the possibility of considering what he undertook from this aspect as valid.
Minister of Justice
True copy

Page 428

The Iraqi Government
Ministry of Justice
Please refer to the general number
Section: Papers
General Number: 28/8/6
Telegraphic Address: Adliya
Date: / Shawwal / 358
/ November / 939
Subject Summary: Sending the petition of Ezra Moallem Ibrahim
Presidency of the Israelite Community
⟦line⟧ Baghdad ⟦line⟧
We enclose herewith the original petition of the applicant Ezra Moallem Ibrahim dated
18/11/939 with its attachments and request your remarks on its contents
and to return it with the reply;
⟦illegible⟧
On behalf of the Minister of Justice
2041
29/11/27
The Court
11/27
Y

7225
362 No. 17 January ⟦19⟧32
⟦12⟧
O poet before it for the hand of 17 January connected between the teacher
362 its number is 61 and in liters 005 in the company and there is no 151
1101/362 in liter 8/21/1101 in its measurement which is for the Lord of these that it is the occurrence
A company, nor my heart, what the professional Malaya that world
Baghdad
Accountants Committee
⟦line⟧
– O souls before it for the hand of 17 January connected
06/8/3621 in interests 2535 and in the company Zaid for his opinion
: And the wail of Rowish for her, my mother, is like this the company, nor my heart, what the Malaya, I found a story for her Rome
Our data is that what his opinion designates is a miniature area connected from the unit of the sect for him 101
And to us and to us by it the incident of seeing them daughter of Miha for follow. Halen section limit group alert her
Here he is for us to him his opinion and its merit and what I hope if it was for the hand of 17 January we wished connected in the year for him
For her, its sports for example, what she has is an open No. Kali was never
Located
Comprehensive in its end, in any case, it has what I saw as a correction for his right, our vision is Father Solomon, his value said to her
. Before her from them the okra we feel it I hope that you what she has the touch for her following the secret to him
I saw high hair for him the saying is his opinion and in what he and us we were guardians of the conscious we are king of ri for the second 17 14
Head of the third of what and what guardians of our vision or for him the ship of Shanan the Sheikh, she is her hope
. For dead before her from it they are middle to for hand that which his religion the liquid – and no as
Accountants Department
Saw his rank in it

Page 429

574
27 November 939
His Eminence the President of the Jewish Religious Court in Baghdad
You will find enclosed the original petition sent to us by the Ministry of Justice within its letter No.
A/8/938 dated 25 November 939 submitted by Ezra Moallem Ibrahim
Requesting your opinion regarding it and returning it to us with the answer;
⟦illegible⟧
Head of the Community

Page 430

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: 18 Adar ⟦77⟧
Our master H' Meir Benjamin and his wife H' Sarah
And they are M' Meir son of Eliyahu H' Avraham and his wife Sarah daughter of Kadouri
(Debtor and obligated)
Known as Al-Fradat, delivered on ⟦day⟧ 29/11/27
Our master (George) Al-Pasha Al-Abadi was with them in the house of H' Meir
Mr. Al-Pasha was present with them in the house of H' Meir and his wife Sarah
And in their presence, Mr. Al-Pasha Al-Abadi, H' Meir said to them
And you, O (George), there was also in your debt gold belonging to Sarah daughter of
Kadouri, and it is twenty-one pounds / and Al-Pasha said, O H' Meir
You are a Hajj, and the honor and beauty of (George) will not be betrayed, and peace
⟦illegible signature⟧
H' Meir

572
363 Presidency of the Rabbinate 76
In the name of the Israeli Rabbinate in Baghdad
Based on the request submitted to us by the named ⟦Ezra⟧ son of ⟦Solomon⟧
We hereby certify that the named ⟦Ezra⟧ son of ⟦Solomon⟧ has married the named ⟦Salima⟧
daughter of ⟦Abraham⟧ according to a marriage contract dated 26 Presidency of the Rabbinate 56 in Tishreen 1863
in Baghdad, and that the aforementioned are still in a legal state of matrimony until now
Head of
The Rabbinate in Baghdad

Page 431

5758
3 December 939
Ministry of Justice
Baghdad
Reference to your letter No. G/8/38 dated 25 November 939
We have learned from the Israeli Religious Court in Baghdad that the petitioner Ezra Habib Moallem
Ibrahim had married a second woman without the permission of the aforementioned court, so he has no right
to request the obedience of his first wife unless he divorces the second.
As for his claim that the alimony is exorbitant, the court had heard witness testimonies about it at the time.
If he now claims financial hardship, he must approach the court to consider his claim according to
the procedures. Enclosed is the petitioner's petition with its attachments;
⟦Sassoon⟧
Head of the Community

Page 432

The Iraqi Government
Ministry of Justice
Please refer to the general number
Section: Correspondence
General Number: A / 8 / 28
Telegraphic Address: Adliya
Date: Dhu al-Qi'dah / 358
16 December / 939
Subject Summary: Petition of Ezra Hayyim Moallem Ibrahim
Presidency of the Jewish Community
In Baghdad
Reference to your letter numbered 5758 and dated 5 / 12 / 1939
The petitioner in his petition had discussed two points. First, the request for obedience
or the cancellation of alimony. Second, that he filed a lawsuit with you on 11 / 9 / 1939, the
summons of which was sent within the letter of the Judge of Nasiriyah, but you have not considered it until now. Since
your response did not address the second point, we request clarification on it;
On behalf of the Minister of Justice
753
18 / 12 / 39
⟦illegible⟧ 18 / 12
Y

8575
262 RI on 17 April 56
Al-Rashid Camp Command
Baghdad
262 RI on 17 April 56 and in letter 8/86 on 8 and in RI telegram on 15
And due to the lack of any desire to withdraw, what you received previously is nothing but compensation for the household furniture you lost
And your practice was established perhaps and we found what you lost of furniture from our side, so there is no longer any reason for this
Record for us your number 1217 and the amount of 17 twenty tea cups with a spoon
According to the attached purchase list to link it according to the year you lost it, you did not inform us if there was nothing
Because of it, his duty is a desire to acquire what you lost of what reached you from ⟦Hilt in the Sa⟧ priced at 17 RI without the furniture
In ⟦Liyah⟧ for the directorate in your desire for what you lost from the total of RI 17
⟦Saad⟧
Commander of Al-Rashid Camp

Page 433

5778
18 December 939
His Eminence the President of the Jewish Religious Court in Baghdad
Reference to your letter dated 18 Kislev 5700
We transmit to you below the letter of the Ministry of Justice No. A/38/8 dated 16 December 939
to respond to its content;
⟦illegible⟧
On behalf of
The President of the Community
⟦line⟧
Presidency of the Jewish Community in Baghdad
Reference to your letter No. 5758 dated 5 / 12 / 1939
The petitioner in his petition had discussed two points. First, the request for obedience or the annulment
of alimony. Second, that he filed a lawsuit with you on 11 / 9 / 939, the summons for which was sent within
the letter of the Judge of Nasiriyah, but you have not considered it until now. Since your response did not address the second
point, we request clarification on it;
On behalf of the Minister of Justice
True copy
⟦illegible⟧

Page 434

The Jewish Religious Court
Baghdad, May God Protect It
The Jewish Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
No. 230
Year 568
Date 12 Adar I
From Midrash Beit Zilka to the Hevra Kadisha
Your honorable and respected excellencies ⟦...⟧
After greetings
We, the undersigned below, testify that the woman ⟦...⟧ Khatoun daughter of Ezra Levi
passed away last Friday on the 6th of Tishrei, year 568, and she was residing in
the aforementioned Midrash for a long time and has no family or relatives
⟦...⟧
⟦...⟧
Presidency of the Jewish Community
2020
27/4/1927

8775
363 on January 14, 81
To the Honorable President of the Sharia Court in Baghdad
5075 at the session of 81 in your presidency's letter numbered 151
363 on January 17, 21 in letter 81/86 we attach herewith a copy of the Court of Cassation's decision numbered
Which includes the ratification of the judgment issued by your esteemed court
On behalf of
The Court of Cassation
⟦line⟧
In the name of the people, Presidency of the Court of Cassation
5161/3631 in letter 8575 and its date numbered 151
In the lawsuit filed by the plaintiff Rima Kadhim against the defendant Salman Lahiq, the subject of which is a request for separation
The court presided over the case on 11/3/3631 and issued this decision. We decided to ratify
The judgment issued by the Sharia Court on the 12th thereof for its compliance with this decision in the lawsuit numbered
In the aforementioned lawsuit
President of the Court of Cassation
⟦signature⟧

Page 435

5792
1 January 940
Ministry of Justice - Baghdad
With reference to your letter No. A/8/38 dated 16/12/939
The Jewish Religious Court in Baghdad has informed us that the petitioner Ezra Habib Moallem
Ibrahim did not approach the court regarding the petition sent within the letter of the Governor of Nasiriyah to set
a day for the hearing and the formation of the two parties;
⟦On behalf of⟧
Head of the Community
⟦illegible⟧

Page 437

Iraqi Government
Ministry of Justice
Correspondence Department
Number: 2894 / 45
Date: 16 Muharram / 359
26 February / 940
Subject - Encouraging Marriage
Judge of the Sunni Sharia Court in Baghdad
" " " Ja'fari "
Head of the Chaldean Community in Baghdad
" " Syriac Catholic "
" " Orthodox "
" " Armenian Orthodox "
" " Latin Catholic "
" " Protestant "
" The Jewish Community in Baghdad "
We are sending you herewith a copy of the Ministry of Social Affairs' letter numbered 780 and dated
8 / 2 / 1940 regarding the subject of encouraging marriage for your information, requesting that you provide us with a total registered statistic
of the annual marriage contracts that take place in the court belonging to your community.
⟦signature⟧
On behalf of the Undersecretary of the Ministry of Justice
Head of the Jewish Community
Number 7595
Date 26 / 2 / 940
Q / 21

Page 438

5856
28 February 940
His Eminence the President of the Spiritual Council, Respected
At the request of the Ministry of Justice, we request you to provide us as quickly as possible with a statistic of the annual marriage records
for the Israelite community in Baghdad from the beginning of the year 1930 to the end of the year 1939
⟦On behalf of⟧
The Head of the Community
⟦illegible⟧

Page 439

Spiritual Committee of the Holy Community
Baghdad, may God protect it
The Israeli Spiritual Council
in Baghdad
Number: 889
Date: 27 / ⟦illegible⟧ / 1927
To the Honorable Hakham Bashi, may God protect and preserve him
and the Righteous Rabbinical Court of the Jewish Community in Baghdad
After the greeting of peace
We hereby send you copies of the court rulings
which were decided in our court in the month of Adar II, year 5687, regarding the matters detailed below.
6672 | No. 940 (Avraham Hayim and Samra Avraham) | 347
345 | No. 941 (Avraham Hayim and Samra Avraham)
299 | No. 942 (Avraham Hayim and Samra Avraham)
1081
778 | No. 943 (Avraham Hayim and Samra Avraham)
279 | No. 944 (Avraham Hayim and Samra Avraham)
889 | No. 945 (Avraham Hayim and Samra Avraham)
2227
777 | No. 946 (Avraham Hayim and Samra Avraham)
792 | No. 947 (Avraham Hayim and Samra Avraham)
428 | No. 948 (Avraham Hayim and Samra Avraham)
411 | No. 949 (Avraham Hayim and Samra Avraham)
4826
Please kindly acknowledge their receipt.
Presidency of the Jewish Community
Baghdad
Number 7548
Date 2 / 4 / 927
Binyamin H. ⟦illegible⟧
Secretary

2585
32 on July 2, 87
Honorable President of the Sharia Courts
We extend our best greetings to you and send you herewith a list of Sharia lawsuits filed in the courts, which numbered
4321 lists with a value of 5621 riyals, requesting you to kindly return them to us signed according to the procedures, with thanks
With appreciation
Bar Association
⟦illegible⟧
⟦illegible signature/mark⟧

Page 440

5868
4 March 940
Ministry of Justice
Baghdad
Reference to your circular No. C 45/29 dated 24 February 940
Below is a statistic of the marriage records of the members of the Jewish community in Baghdad during the last ten
years:
Year | Number
1930 | 337
1931 | 345
1932 | 399
1933 | 378
1934 | 379
1935 | 389
1936 | 377
1937 | 393
1938 | 428
1939 | 411
From this it appears that the annual average of marriage contracts is 384 contracts per year
⟦signature⟧
On behalf of
Head of the Community

Page 441

Iraqi Government
Ministry of Justice
Correspondence Department
Telegraphic Address: Adliya
Number 4 / 252 / 94
Date 4 Jumada al-Thani 1359
11 July 1940
Subject Summary: Petition of Helen Shaul Qaragulla.
To -
Presidency of the Jewish Community in Baghdad
We send you herewith a copy of the petition of Mrs. Helen Shaul Qaragulla
residing in Tel Aviv, submitted to the Royal Iraqi Consulate in
Jerusalem regarding her complaint about the delay of the Spiritual Court in completing her lawsuit.
We request you to examine the case and inform us of your observations regarding it and the reasons
for its delay.
⟦signature⟧
On behalf of the Minister of Justice
A copy to -
Ministry of Foreign Affairs - with reference to its letter numbered Q/1 / 2731 / 100 / 238
dated 2 / 7 / 1940.
Presidency of the Jewish Community
Number ⟦...⟧ 7668
Date 15 / 7 / 940
S M 94
⟦signature⟧
15 / 7 / 94

Page 443

6014
19 July 940
His Eminence, President of the Jewish Religious Court, Baghdad
We attach herewith a copy of the petition sent to us by the Ministry of Justice within its letter numbered
A 6 / 35 / 940 dated 11 July 940, submitted to the Royal Iraqi Consulate in Jerusalem
by Helen Shaul Qara Kalla, residing in Tel Aviv, regarding her complaint about the Court's delay
in completing her lawsuit. We request your observations regarding it and its return to us with the reply.
⟦signature⟧
Head of the Community

Page 444

– Copy of Acquisition –
Tel Aviv, 102 HaNevi'im Street
June 13, 1940
His Excellency the Consul General of the Kingdom of Iraq, the Respected
Jerusalem ⟦d⟧
Presented to Your Excellency
About four years ago, a man named Baruch bin Khadouri Lawi, a resident of
the Al-Bataween neighborhood, arrived in Tel Aviv from Baghdad and proposed to me through my family. After living with me in a marital bond for about one year, we were blessed with a daughter.
He left me and traveled to Baghdad to settle his affairs there and return here; however, his intentions were bad, so he remained in Baghdad
and left me and his child to the mercy of fate without providing us even a small amount to sustain us. I have sent him several
letters, but his heart remained like steel. I had no choice but to complain about him through the Rabbinate, and his response was
that he wanted to separate. Accordingly, four months ago, we submitted the divorce deed to him through the Israeli Sharia Court
in Baghdad, but the aforementioned court has not yet summoned him to receive the said divorce deed. Therefore,
I have come appealing to Your Excellency to contact the relevant authorities in Baghdad to urge the Israeli Sharia Court
in Baghdad to summon the aforementioned Baruch and hand him the divorce deed he requested.
And your reward is with God.
The Petitioner
Helen Shaul Qarah Kulyah

2/21
530 Order Number
To the Honorable President of the Sharia Court in Baghdad
Based on the request submitted to us by the individual named Ibrahim Sassoon
Which requests his appointment as a guardian over the minors ⟦...⟧ number 11 in letter 56/530
Registered in this court, and accordingly, we have decided to address your esteemed office to state
Whether the aforementioned is fit for guardianship or not, with the benefit of your statement. With highest respect.
On behalf of
The Sharia Judge

Page 446

6064
25 August 940
Ministry of Justice
Baghdad
With reference to your letter No. 940/3564 dated 11 July 940 regarding the petition of Helen
Shaul Qara Kalla
We have learned from the Israeli Religious Court in Baghdad that it has not received a divorce certificate in the name of
Baruch bin Khadouri Levi, noting that it is the husband who writes the divorce decree for the wife and the
reverse is not legally valid according to Sharia;
⟦For me⟧
On behalf of
Head of the Community

Page 447

The Justice Religious Court of the Holy Community
Baghdad, May God Protect It
The Israeli Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
Telephone Number: 2583
Date: 24 Adar
Year:
No: 5701
The honorable Hakham Isaac Nissim, may his light shine
Judge of the Great Rabbinical Court of the Babylonian Community in Baghdad
(After bowing)
We hereby send to your honor a copy of the verdict
No. 921/894 on the day of 18 Adar 1941 given by the court
mentioned between Miriam daughter of Ezra and Solomon son of Isaac
concerning 200 Lira that the aforementioned husband deposited with us
in our office in Baghdad, and this is so that you may do what is necessary
according to the law and the accepted custom
The humble Sasson Kadoorie
Hezekiah ⟦...⟧
2870
1941/3/22

20 / 2 / 56
B 3 56
Presidency of the Court of Cassation
Baghdad
The bringing of a case from the Sharia Court in Baghdad numbered 356 / 53 in the lawsuit filed by
the named Loris Cohen against her husband Isaac Cohen ⟦illegible⟧
And since this case was settled by a default judgment on September 17, 1953, it was therefore decided to return it
with all the attached papers to the aforementioned court for the purpose of proceeding in accordance with the law in the event of an objection
⟦illegible⟧
on behalf of
President of the Court of Cassation

Page 448

629
24 March 941
Ministry of Justice
Baghdad
With reference to your letter No. A 89 / 921 dated 18 March 940 to the Jewish
Religious Court in Baghdad
The aforementioned court has informed us that the file pertaining to the lawsuit of Salim Khadhuri Azalji and his wife
is currently with the Jewish Sharia Court of Cassation;
⟦Today⟧
On behalf of
⟦Assistant⟧
Head of the Community
⟦illegible⟧

Page 449

His Eminence the Hakham Bashi, respected Head of the Israelite Community
After greetings
Based on the request of the esteemed ⟦...⟧ that we request
a document ⟦...⟧ from the Ministry of Justice, such that ⟦...⟧
⟦...⟧ and the laws observed by the Land Registry Department (Tabu), as the mentioned department requested
⟦...⟧ that it did not ⟦...⟧ on anything and the necessity of expediting it
Informing us now ⟦...⟧ ⟦...⟧ to him that ⟦...⟧ was honored
But our papers returned ⟦...⟧ from the Ministry of Justice uncorrected, stating that
it certifies that ⟦...⟧ with them that there was an objection to the validity of the document
⟦...⟧ that ⟦...⟧ that it cannot be transferred, we sent to your side
this letter ⟦...⟧ that there is no objection to the names
in ⟦...⟧ from ⟦...⟧ on the certificates and the decision that remained
With our greetings and respects ⟦...⟧
Your servant
⟦...⟧ bin Saleh
Head of the Diwaniyah
⟦...⟧
⟦...⟧ / ⟦...⟧ / ⟦...⟧

Page 450

Iraqi Government
Ministry of Justice
Please refer to the general number
<del>Committee</del> Bureau of Legal Codification
General Number A / 19 / 1 / 10
Telegraphic Address: Adliya
Date: Muharram / 1361
February / 1942
Subject Summary::
Presidency of the Jewish Community - Baghdad
In response to your letter No. 6800 dated 1/19/1942
We return to you herewith the Tapu form (Form - 37) certified by us in accordance with
Article (12) of the Law for Registration of Immovable Property in the Name of Juridical Persons
No. 34 of 1929
Minister of Justice
A. H.