AI en Translation, Pages 526-550
Page 526
Our court has issued its judgment in this case
based on its conviction and in accordance with the provisions of Mosaic Law
<del>And the Israeli Sharia Court of Cassation can</del>
consider this case according to the followed procedure
So if one of the parties is not convinced of the correctness of the judgment, he has
to appeal through the legal method stipulated in paragraph
2 of Article 15 of the Community Law No. ⟦...⟧
for the year 931, so that the case may be reconsidered by
the competent court
Abd al-Ali
Page 527
The Israeli Religious Court
Baghdad
Number:
Date: 22 May 945
His Eminence Rabbi Sassoon Khedhouri, Respectfully
President of the Jewish Community, Baghdad
Reference to the Ministry of Justice letter No. A / 16 / 945 on 16 May 945
which was referred to us.
Our court has issued its judgment in this case according to its conviction
and in accordance with the provisions of the Mosaic Law. If one of the parties is not convinced
of the correctness of the judgment, they may follow the legal method stipulated
in paragraph 3 of Article 15 of the Community Law No. 77 of 1931
so that the case may be reconsidered by the competent court.
⟦Sassoon Khedhouri⟧
⟦...⟧
President of the Court
Page 528
May 24, 945
The Honorable Ministry of Justice
Baghdad
Reference to your letter No. A 945/16 dated May 16, 945
The Israeli Religious Court in Baghdad has informed us that it has issued
its judgment in this case according to its conviction and in accordance with the provisions of the Mosaic Law
And if one of the parties is not convinced of the correctness of the judgment, they may follow the
legal method stipulated in paragraph 3 of Article 15 of the Community Law
No. 77 of 1931 to have the case reviewed by the competent court
Head of the Community
Page 529
Presidency of the Jewish Community
in Baghdad
Telephone No. { 3531 President
5452 Secretary
Number:
Subject:
Date: 24 May 945
The Honorable Ministry of Justice ⟦line⟧
Baghdad ⟦line⟧
With reference to your letter No. E 16 / 945 dated 16 May 945
The Jewish Religious Court in Baghdad has informed us that it has issued
its judgment in this case according to its conviction and in accordance with the provisions of Mosaic Law
If one of the parties is not convinced of the correctness of the judgment, they may follow the
legal method stipulated in Paragraph 3 of Article 15 of the Community Law
No. 77 of 1931 to have the case reviewed by the competent court
President of the Community
Page 530
826
30 May 945
6/6
The Honorable Ministry of Justice
Baghdad
Reference to your letter No. A 945/16 dated 16 May 945
The Israeli Religious Court in Baghdad has informed us that it has issued its judgment
in this case according to its conviction and in accordance with the provisions of the Mosaic Law. If
one of the parties is not convinced of the correctness of the judgment, they may follow the
legal method stipulated in paragraph 3 of Article 15 of the Community Law
No. 77 of 1931 to have the case reconsidered by the
competent court.
⟦On behalf of⟧
Head of the Community
Justice
Page 531
- 2 -
The aforementioned medical report, which was written in English, and after its translation, it was found to include the following phrase:
Text of the medical report: (( Miss Nazima Daoud Balas must remain here in the Kingdom for medical
treatment, and it is impossible for her to go to another kingdom because that would result in a great
danger to her health, and it is necessary for her to marry, and after that she must remain here in
the Kingdom for medical treatment, and thus her health will become good. )) This is the report itself, and the
Bureau considers that such a report cannot be considered in any way a medical report that the
court can rely on in issuing its judgment because it was devoid of a statement of the disease, its severity, the method of treatment,
and the danger that would result to the patient as a result of her leaving Palestine, which indicates that it
was organized for the purpose of assisting the plaintiff's request and nothing else. Therefore, the Bureau leaves the estimation of that to Your Excellency.
On 14 / 5 / 1945
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
8 R 2
539 in ⟦17⟧ R ⟦2⟧
⟦2⟧
Inspection of Sharia Courts
Number
539 on November 21, 1952 to the Court of Personal Matters for Musawis in Baghdad
Upon auditing the inheritance proceedings of the deceased Victor Isaac, which were recorded by the court mentioned
above, it appeared that the aforementioned court issued the Sharia distribution numbered 539 in
November 1951 in these proceedings despite the existence of a civil distribution issued by
the Court of First Instance on November 21, 1951 in the same proceedings, and since the aforementioned court
has exceeded its jurisdiction in issuing the aforementioned distribution according to Article 63 and Article 77 of
the Courts Law
On behalf of
Inspector of Sharia Courts
Sadiq
Page 532
The Iraqi Government
Ministry of Justice
Please refer to the general number
Legal Codification Department
General Number A 16 / 45
Subject Summary: ⟦line⟧
Telegraphic Address: Adliya
Date ⟦2⟧ Jumada al-Thani / 1364
16 May / 1945
Presidency of the Jewish Community in Baghdad
In response to your letter No. 8338 dated 10/5/1945 and the petition of the applicant Heskel Murad
Shantob.
You will find below a copy of the decision of the Legal Codification Bureau dated 14/5/1945, and we,
in addition to our support for what was stated therein, believe that forcing a person to leave his homeland to join his wife is a matter that does not agree
with public order and the public interest, especially if that is to a foreign country. Therefore, it must be viewed
in this case within the right and the public interest, especially since the report under discussion does not call for
reassurance and its content cannot be considered.
Minister of Justice
(( Copy of the Decision ))
His Excellency the Minister
With reference to Your Excellency's marginal note dated 1/5/945 on the report of the Judicial Inspector, there was summoned
to this Bureau the President of the Jewish Community along with the President of the Religious Court, and after seeking clarification from them regarding
the case of the judgment issued against the complainant Heskel Murad Shantob, the President of the Religious Court replied that
the court, based on the lawsuit of Nazima bint Dawood which she filed against her fiancé, the complainant, looked into the request
and decided as a result to give the complainant the choice of the following matters:
1 - To join her in Palestine
2 - Or to pay her the legal alimony
3 - Or to divorce her if he refuses the first two options.
The aforementioned indicated that this decision is what the Jewish law requires if it is established to it that
the fiancée is afflicted with a disease that makes it impossible for her to come to Baghdad, and since it has been confirmed to the
aforementioned court as a result of the medical report received from Palestine, the court relied on it to issue this decision.
The Bureau was promised that the medical report, which is a photograph, would be sent, and in the ⟦attachment⟧
- To be continued -
⟦blue ink marks⟧
From here of the night ⟦...⟧ he heard, beloved, he heard a story of a massacre of workers in Baghdad when ⟦...⟧
The killing of workers, a killing that was paid for to be delivered, father, I received at this time people ⟦...⟧ and at the time of the killing
⟦...⟧ three and my townspeople at this time, the least of them and the majority for this night and for the listening in this receipt
⟦...⟧ for his time, people ⟦...⟧ three heard you this for her and in this that this is not a night and a time
⟦...⟧ in this killing that he (( said it is not ⟦...⟧ you received the killing of workers, a killing that
⟦...⟧ that ⟦...⟧ night and said this that this honey in the hand, they drew this finally at the time that this
⟦...⟧ I received in ⟦...⟧ in what is in the hand of his father, this for the sitting in a circle, the killing of workers by a ruse
⟦...⟧ returned the religion, this and he said we sit him in his predecessor, this that in workers and townspeople and this gathering
⟦...⟧ and for their nights and this is three and it reached that this is another brother of this and he received the basket in workers in this killing
31/5/5391 ⟦...⟧
⟦signature flourish⟧
⟦...⟧
⟦...⟧
3/22/536
Page 533
Iraqi Government
Ministry of Justice
Bureau of Legal Codification
L 9/96 D
Number / <del>⟦illegible⟧</del>
Date: June 5, 1945 AD
Subject - Amendment of the Jewish Community Law.
Secretariat of the Council of Ministers
We are sending you herewith several copies of the draft law amending the
Jewish Community Law No. 77 of 1931, and the same number of its explanatory notes,
requesting that they be considered urgent drafts and presented to the Council of Ministers
for approval and to take the necessary steps for their legislation as quickly as possible.
Minister of Justice
A copy to:
Presidency of the Jewish Community in Baghdad - with reference to its letter numbered
8206 and dated April 22, 1945.
Page 534
Article 29 of the Sharia Courts Regulation of 1918 as amended by the Amendment Regulation
of the Courts Regulations of 1946.
"It is not permissible to object to the decisions or judgments of the Court of Cassation unless
there is ambiguity, a clear error, or an apparent contradiction in them, or if they were obtained ⟦by⟧ forgery or
deception; in such cases, the Court of Cassation may re-examine them upon the request of one
of the parties and after obtaining permission from the Minister of Justice. The Minister of Justice may also
return the judgment to the Court of Cassation on his own initiative for re-examination if there are
justifying reasons for that."
Commentary
The Minister's authority to re-examine the judgments of the Court of Cassation is unlimited
because he can request that whenever it appears to him that there are justifying reasons for it, but <del>⟦illegible⟧</del>
the difference between this article and the specific article of the Sect Amendment Law
is that the reconsideration here is carried out by the same Court of Cassation, while there it is carried out by another council.
Page 535
Article 29 of the Sharia Courts Regulation of 1918 as amended by the Regulation Amending
the Court Regulations of 1946.
"It is not permissible to object to the decisions or judgments of the Court of Cassation unless
there is ambiguity, a clear error, an apparent contradiction, or if they were obtained through forgery or
deception. In such cases, the Court of Cassation may re-examine them at the request of one of
the parties and after obtaining permission from the Minister of Justice. The Minister of Justice may also
refer the judgment back to the Court of Cassation on his own initiative for re-examination if there are
justifying reasons for that."
Commentary
The Minister's authority to re-examine the judgments of the Court of Cassation is unlimited
because he can request it whenever it appears to him that there are justifying reasons for it, but <del>⟦illegible⟧</del>
the difference between this article and the specific article of the Sect Law Amendment Law
is that the reconsideration here is carried out by the same Court of Cassation, while there it is carried out by another council.
Page 536
The Iraqi Government
Ministry of Justice
Please refer to the general number
Department: Legal Codification
General Number: 4 / 2 / 95
Telegraphic Address: Adliya
Date: May 6 / 1945
Subject Summary:
Head of the Jewish Community in Baghdad
You and the head of the Religious Court are requested to appear before the Consultation Department in the Legal Codification Bureau
at nine o'clock on the morning of Wednesday, May 9, 1945, for a discussion
regarding the case of the complainant Heskel Murad Shantoub.
Minister of Justice
Adliya
Page 537
Kingdom of Iraq
Ministry of Justice
Please refer to the general number
Personnel Matters
Number: 42 /
In: Justice
Date: 24 Rabi' II / 1364 AH
7 April / 1945
Subject Summary:
The Israelite Court of Cassation
It has appeared to us from the judicial inspection report numbered Sh A T / 11 / 45 and dated 19 / 2 / 945
that you have issued two judgments in the lawsuit formed between Mr. Salim Saleh Bayous and his wife
Mrs. Simha daughter of Ibrahim Nawi, and the latter judgment was the correct one.
Accordingly, we draw the court's attention to the error that occurred in the first judgment and we request deliberation and observance of
religious rulings when considering lawsuits.
⟦illegible⟧
Minister of Justice
A copy of it to -
Presidency of the Israelite Community
A copy in the file A / 350 / 944.
Justice
Page 538
Number / ⟦illegible⟧
Date: April 18 / 1945 AD
Secret
P. 640
His Excellency the Honorable Minister of Justice
Based on your Excellency's order, I have inspected the Israeli Religious Courts and examined
the complaints and files related to them, and I am continuing this mission of mine and will undoubtedly submit
my final detailed report upon completion of the audit; however, I now present my following proposal
urgently:
It is not hidden from your Excellency that the President of the Israeli Cassation Body had
passed away, and recently the Rabbi who was a member of the First Instance Body was elected in his place.
Since it is not permissible for him to preside over the Cassation Body in cases that he previously decided
in his capacity as a member of the First Instance, the Head of the Community contacted me requesting that
you kindly grant or authorize the eldest Cassation member to preside over those
cases. Since some of the urgent lawsuits for which complaints were filed
are among those cases that will be seen in cassation, I found it necessary ⟦and in⟧ this proposal of mine supporting
the proposal of the Head of the Community. The matter is for your Excellency to decide.
Justice Inspector
A copy of it to " -
To the Head of the Israeli Community - in reference to our conversation.
Likewise
Page 539
The Jewish Religious Court
Baghdad, may God protect it
The Jewish Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
Telephone Number 3456
Number:
Number 212
Date:
Date
<del>22 June</del>
22 / 6 / 1952
From the Jewish Religious Court in Baghdad to the presence of
⟦...⟧ - Baghdad
We inform you that the named Georgia Aboud
from our community in (Hilla) has obtained
the required papers from the Council
in Baghdad and they have been delivered to
the aforementioned Council in our department and
everything has been completed in our department and peace
Rabbis and Judges of the Community
Baghdad, may God protect it
⟦illegible⟧
⟦illegible⟧
Page 540
8268
6 June 945
Governorate of Baghdad Province
Baghdad
We attach herewith a summons issued by the Israeli Religious Court
in Baghdad against the defendant Masouda Rubin Abed residing in (Balad)
with her son Dr. Yusuf Kabay. Please kindly notify them
and return the second voucher of the summons signed by them and certified.
On behalf of ⟦illegible⟧
Head of the Community
Page 541
Iraqi Government
Department: Mutasarrifate of Baghdad Province
Office: Correspondence
Number: 8282
Date: 14 / 6 / 1945
Subject: Notification of a summons
To the Presidency of the Jewish Community in Baghdad
Your letter No. 8268 dated 6 / 6 / 1945
We return herewith the original attachments of your above letter, requesting that you ask the Notification Department at the Ministry
of Justice to take the necessary action in this regard according to the procedures.
⟦signature⟧
Mutasarrif of Baghdad Province
To be drafted for the Notification Department
⟦illegible⟧
6/17
The Mukhtar 12 of it
Page 543
GOVERNMENT OF PALESTINE,
DISTRICT COMMISSIONER OFFICE
LYDDA DISTRICT
JAFFA.
No. 1233.
U R G E N T . 6 June 1945.
Sir,
I have the honour to request your assistance in the following matter:
Mrs. Ingeborg Elizabeth Darwish, formerly Schroder, an Iraqi subject (Iraqi passport No. 73 given in Baghdad in 1931) is now desirous of contracting a marriage with a British subject under the Foreign Marriage Act 1892. I understand that she is divorced from her first husband, Victor Ezra Darwish and that documents relating to this divorce are in your hands. I should be grateful therefore if you could furnish me with a copy of the Divorce Certificate, with an English translation, and also advice me as to whether, under her national law, she is permitted to contract a marriage with a British subject, that is, whether you consider her divorce valid for the purpose of such a marriage.
I am Sir,
Your obedient servant,
Ag. District Commissioner,
Lidda District.
Consul-General of Iraq,
Jerusalem.
And with it shall be the divorce certificate in the English language
⟦The Court⟧ Sharia ⟦for Jews⟧
⟦in Baghdad⟧
22 / 6 / 1945
5828
539 November 71
To His Beatitude the Patriarch
Patriarchate of Babylon for the Chaldean Catholics
With reference to your Beatitude's telegram dated November 17, 71, containing the resignation of His Excellency Bishop Emmanuel Delly
from membership in the Chaldean Ecclesiastical Court in Baghdad and the appointment of His Excellency Bishop Raphael Bidawid in his place
It has been decided, based on Article Seven of the Law of Religious Courts for Christian Denominations No. (32) of 1947
to approve the resignation and appointment mentioned above as of November 17, 1971
Minister of Justice
Aziz Sharif
Issued
Page 544
Iraqi Government
Ministry of Justice
Please refer to the general number
Section: Foreign Notifications
General Number: J 42 / 177
Telegraphic Address: Adliya
Date: 14 / July / 1945
Subject Summary:
Presidency of the Jewish Community in Baghdad
We are sending you herewith a copy of the letter from the Acting Governor of the Lydda District, No. 1233, dated 6/6/45
regarding the divorce of Mr. Victor Darwish from his wife (Madame Ingeborg Elizabeth Darwish). We request
that you provide us with a copy of the divorce certificate along with its English translation and inform us whether, in view of her divorce, she
can marry a man of British nationality.
On behalf of the Minister of Justice
⟦illegible⟧
Jamal
GOVERNMENT OF PALESTINE
DISTRICT COMMISSIONER'S OFFICE
LYDDA DISTRICT
JAFFA.
NO. 1532.
U R G E N T
6 June 1945.
Sir,
I have the honour to request your assistance in the
following matter:
Mrs. Ingeborg Elizabeth Darwish, formerly Schoonder,
an Iraqi subject (Iraqi passport No. 73 given in Baghdad
in 1931) is now desirous of contracting a marriage with a
British subject under the Foreign Marriage Act 1892. I
understand that she is divorced from her first husband,
Victor Ezra Darwish and that documents relating to this
divorce are in your hands. I should be grateful there-
fore if you could furnish me with a copy of the Divorce
Certificate, with an English translation, and also advice
me as to whether, under her national law, she is permitted
to contract a marriage with a British subject, that is,
whether you consider her divorce valid for the purpose of
such a marriage.
I am Sir,
Your obedient servant,
Ag. District Commissioner,
Lydda District.
Consul-General of Iraq,
Jerusalem.
⟦illegible⟧
Presidency of the Israelite Community
Baghdad
177/42
Page 545
The Israelite Religious Court
Baghdad
We hereby certify that Mr. Victor Darwish appeared before the Israelite Religious Court
in Baghdad on April 21, 1936, and executed a bill of divorce for his wife Elizabeth.
The bill of divorce was sent to the wife by mail through the Israelite Religious Court
in Paris, and the wife received it in her hand on May 5, 1936. Accordingly, the aforementioned woman
is considered divorced from her husband as of that date.
⟦Sassoon⟧
President of the Religious Court ⟦line⟧
Page 547
The Religious Court of the City of
Baghdad, may God protect it
The Jewish Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
Telephone Number 3456
Number: / No: 775
Date: / Date: 15 ⟦Av⟧ ⟦5704⟧ / 25 / 7 / 944
Moshe ⟦Al⟧ Hasson ⟦Yaakov⟧ Fattoun ⟦Al⟧ Hasson
⟦They are⟧ ⟦my brothers⟧ ⟦Al⟧ Hasson ⟦Baghdad⟧
⟦We⟧ ⟦the⟧ ⟦undersigned⟧ ⟦below⟧ ⟦testify⟧ ⟦that⟧
on ⟦day⟧ ⟦Av⟧ ⟦year⟧ ⟦5704⟧
⟦appeared⟧ ⟦before us⟧ ⟦Daoud⟧ ⟦son of⟧ ⟦Shlomo⟧ ⟦Hezekiah⟧ ⟦the Levite⟧
⟦and said⟧ ⟦that⟧ ⟦there appeared⟧ ⟦before him⟧ ⟦a woman⟧
⟦who⟧ ⟦is named⟧ ⟦Habiba⟧ ⟦daughter of⟧ ⟦Yitzhak⟧ ⟦Avraham⟧
⟦who⟧ ⟦is⟧ ⟦the wife of⟧ ⟦Daoud⟧ ⟦son of⟧ ⟦Shlomo⟧ ⟦Hezekiah⟧
⟦that she⟧ ⟦has⟧ ⟦delivered⟧ ⟦to him⟧ ⟦the⟧ ⟦mentioned⟧ ⟦amount⟧
⟦being⟧ ⟦from⟧ ⟦the⟧ ⟦amount⟧ ⟦which⟧ ⟦he received⟧
⟦entirely⟧ ⟦and from⟧ ⟦her claim⟧ ⟦to him⟧ ⟦that⟧ ⟦there is⟧
⟦which⟧ ⟦is⟧ ⟦in⟧ ⟦his debt⟧ ⟦to her⟧
⟦on⟧ ⟦this⟧ ⟦the⟧ ⟦day⟧ ⟦she delivered⟧ ⟦to him⟧ ⟦the⟧ ⟦amount⟧
⟦and he⟧ ⟦gave it⟧ ⟦to her⟧ ⟦a receipt⟧ ⟦in⟧ ⟦her hand⟧
⟦on⟧ ⟦this⟧ ⟦the⟧ ⟦mentioned⟧ ⟦day⟧ ⟦in⟧ ⟦the⟧ ⟦date⟧
⟦and this⟧ ⟦the⟧ ⟦receipt⟧ ⟦became⟧ ⟦in her hand⟧ ⟦and he has no⟧
⟦Signature of the witnesses⟧
⟦Moshe⟧ ⟦Abid⟧
Page 548
8242
August
945 <del>⟦illegible⟧</del>
Ministry of Justice
Baghdad
Reference to your letter No. J 43 / 477 dated 14 July 945
The Israeli Religious Court in Baghdad informed us in its letter No. 375
Dated 25 / 7 / 945 that Mr. Victor Darwish had divorced his wife
Elizabeth by writing a bill of divorce before the aforementioned court on
21 April 936 and the bill of divorce was sent to the wife by mail via
The Israeli Religious Court in Paris and the wife received it by hand on
Tuesday 5 May 936 and therefore the mentioned woman is considered according to Mosaic Law
divorced from her husband as of that last date and she may
marry whomever she wishes provided he is Jewish and not a priest
Enclosed you will find the divorce certificate in English.
On behalf of ⟦illegible⟧
Head of the Community
Justice
Page 549
The Iraqi Government
Ministry of Justice
Please refer to the general number
Division: Judicial Inspection
General Number: Sh T / ⟦945/22⟧ ⟦122⟧
Telegraphic Address: Adliya
Date: ⟦12⟧ August / 1945
Subject Summary ::
Presidency of the Jewish Community
In Baghdad
With reference to your letter numbered 8319 and dated July 16 / 1945.
We are sending you herewith a copy of our letter numbered 42 and dated March 19 / 1945 as per your request
And we request to be informed of what has been done in the case under discussion.
⟦signature⟧
On behalf of the Minister of Justice
Page 550
The Iraqi Government
Ministry of Justice
⟦coat of arms emblem⟧
1110
Please refer to the general number
Directorate of the Judicial Inspection Department
General Number
Telegraphic Address: Adliya
Date: July 2 / 1945 AD
Subject Summary:
Presidency of the Jewish Community
We confirm our letter numbered Sh T / 42 and dated
March 19 / 1945 and we request a response to it with the required speed.
Judicial Inspector
⟦signature/stamp⟧
Rihan
What is this letter?
⟦signature⟧
7/8