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.
Iraqi Government Ministry of Justice Judicial Inspection Division Number 42 Date March 19 / 1945 Presidency of the Jewish Community in Baghdad With reference to your letter numbered 8519 and dated 1 / 3 / 1945 Please inform us of what has happened in the case of Eliyahu Shua, as we have heard that this lawsuit has been dismissed. Judicial Inspector Copy for filing Copy for the court ⟦Ministry of Justice⟧ ⟦Judicial Inspection Division⟧
8274 8/26/945 His Eminence the President of the Israeli Religious Court Baghdad We transmit to you below a copy of the letter received by us from the Ministry of Justice, Division of Judicial Inspection, numbered 42 and dated March 19, 945, to respond to its content. ⟦illegible⟧ ⟦On behalf of⟧ the Head of the Community ⟦line⟧ Copy of the letter Please inform us of what has transpired in the case of Eliyahu Shua, as it has come to our attention that this lawsuit has been dismissed. Judicial Inspector 4
The Religious Court of the Holy Community Baghdad, May God Protect It The Jewish Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD Telephone Number 3456 Number :: 7 Number Date :: 27 / 8 / 1945 Date His Eminence Rabbi Sassoon Khedouri, the Respected President of the Jewish Community, Baghdad With reference to your letter numbered 8274 and dated August 26, 1945, which includes a copy of the Ministry of Justice letter Judicial Inspection Division No. 24 dated March 19, 945 We inform you that the case of Eliyahu Shua against his wife Najia Rahbi has ended with the occurrence of divorce between them consensually, on the date of 24 Adar 945, corresponding to March 8, 1945 ⟦illegible signature⟧ The President ⟦circular stamp⟧
8282 28/8/945 Venerable Ministry of Justice Judicial Inspection Division Reference to your letter No. 42 dated March 19, 945 The Jewish Religious Court in Baghdad informed us in its letter No. 443 dated 27/8/945 that the case of Eliyahu Shmuel his wife Najma Rahmin has ended with the occurrence of divorce between them consensually on March 8, 945. ⟦Sasson⟧ Head of the Community
Iraqi Government Ministry of Justice Please refer to the general number Division: Judicial Inspection General Number: ⟦1262⟧ Sh / T / 24 / 945 Telegraphic Address: Adliya Date: 21 September / 1945 Subject Summary :: Presidency of the Jewish Community in Baghdad We reiterate our letter numbered Sh / T / 24 / 122 and dated 14 / 8 / 1945 and request a response to it with all speed. ⟦signature⟧ Judicial Inspector
8292 4 / 9 / 945 4 September 945 Ministry of Justice Judicial Inspection Division - Baghdad Reference to your letter No. ⟦Sh⟧ / T / 24 / 945 dated 1 September 945 We transmit to you below our letter No. 8382 dated 28 / 8 / 945. To President of the Rabbinical Court Head of the Community Copy of the letter The Honorable Ministry of Justice Judicial Inspection Division - Baghdad Reference to your letter No. 42 dated 19 March 945 The Israeli Religious Court in Baghdad informed us by its letter No. 443 dated 27 / 8 / 945 that the case of Eliyahu Shua against his wife Najia Rahmin has ended with a consensual divorce between them on 8 March 945. Sassoon Khedhouri Head of the Community Justice
Through the Eastern Notary Public in Baghdad To Salima, daughter of Yaqub Hakham Elisha, residing in Al-Bataween, opposite Al-Nasr Square, between Sa'adoon Street and Abu Nuwas Street, in the row of Hussein Al-Ani's house. It has become necessary for me to send you this letter to serve as a final boundary in our case. 1- You left the house about twenty-five months ago and took household items and other things with you, some of which do not belong to you. All of this was without my knowledge, and despite my written appeals to you and my request for your return, you paid no heed. After this, a meeting took place between us, and you swore on your honor that you would return the next day. At that time, you had asked me to contact your father, and in order to reach a reconciliation, I bore this request of yours despite its difficulty on my part, and I met with him the next day in the presence of A. Sh. 2- Instead of your father appreciating this approach of mine, he met me with aversion and anger and insisted on you not returning to me, despite my attempt to convince him in every way and the attempt of the aforementioned intermediary person. 3- After this, I wrote to you in detail about your father's conduct towards me, and I mentioned to you the word of honor that was issued by you regarding the return, and I requested your return insistently. Despite all that, you did not answer me and you did not return. 4- At that time, Salman Effendi Shina had requested to meet me and asked me about the progress of the matter out of friendship, and I gave him details and emphasized to him that I desired your return, and I accepted whatever he decided as if he were a judge in the case, knowing that the aforementioned person is from your side and I believe he does not deny that. In fact, the intermediary A. Sh. was present, and all of that did not end with any result. 5- It is strange that while I was trying to request your return by all means, you filed a maintenance lawsuit for your daughter and used the lawsuit as a means to extract money, such that the maintenance was issued at 12 Dinars per month. I do not know what led you to this lawsuit while you had given me a word of honor to return to the house, and no action was issued by me towards you that would force you into this vile plan. 6- After that, well-known persons approached me, namely Habawi Shirazi and Khadouri Sawdayi, and they spoke to me with respectful words and urged me toward reconciliation, even though this conduct of yours was not something that deserved reconciliation. In order to reach a noble path, I accepted everything they suggested to me. All of that also remained without result. Is ⟦that⟧ what is expected from a wife who observes marital rights? 7- Since I no longer have hope in your desire for reconciliation, I was forced to resort to the legal path and requested from the Religious Court your obedience. There is no need to clarify the course of trials and disputes because you know them on one hand, and on the other, they are recorded in the case file, and talk about them is reserved for other circumstances if the matter requires. You must think that the court took your side and did what is for your benefit, but this thought of yours is erroneous because this action is what brought you to your degraded state today. Had the court acted according to what is more proper, right, and beneficial for you—namely forcing you to return to me—you would have been comfortable today and everything would have been fine. But fate did not wish that, but rather led you to request something outside of logic, which is either you return to ⟦the⟧ house whose annual rent must be 450 Dinars, or the ruling for maintenance, which is a matter that no one with a sound mind accepts, nor is it approved by any law or any custom and tradition. Whoever embroiled you in these attempts knows the situation perfectly and must have thought about the consequences of this plan. 8- And today, Madam. The case has evolved and reached a state that I am no longer prepared to bear. Therefore, since I have not reached a satisfactory and peaceful solution, neither through a private plan nor through a legal method, I am today forced ⟦Habib Cohen⟧
to resolve the issue by my will and directly. 9- For this, first and last, I clarify before you two plans so that you may choose one of them, which is either to return to the house under the following conditions: A- That you return to the house the items you took in full. B- That you accompany me to any place or house I reside in and abandon your weak weapon entirely. C- Since you fled with my house belongings, I no longer have confidence that you will not repeat this act, and therefore I request that two well-known persons pledge responsibility for it if you return to smuggling things from the house. D- Since I am currently not reassured about living with you alone, I intend to have people live with us temporarily until I am reassured of your good behavior. E- You leave your family definitively and give me a pledge to that effect. This, and if you were ⟦think⟧ thinking that I was not a match for you or your family, and that I am evil such that a wife cannot reside with me, then even though I consider you disobedient as is the truth, for the sake of resolution and salvation for both parties, I am ready to divorce you. Since the dowry was decided for me by the court, nothing remains between us except the items, some of which belong to me and are with you today, and some of which you brought at marriage and are present with me, so they must be returned by exchange. The only matter that remains is the maintenance of the girl, and I am ready to pay that at any time and wherever I am according to my ability, and if necessary, I will provide a guarantor for that and pledge that I will not see her or contact her throughout my life. 10- Finally, I have come to warn you that if you are not ready to take one of the two aforementioned methods with their flaws and without any change or mediation, within three days of this letter reaching your hand, I will consider that you have bad intentions towards me, and therefore I will be forced to take the path of salvation, which is marrying a wife other than you in any case, and you are the one who ⟦will be⟧ will be the only loser for what happened when regret will not benefit you. Let it be known to you that after my marriage I will also demand your obedience constantly, whatever it costs me, in addition to the financial responsibility you bear for everything that happened in our case. 11- As far as I know of your purpose, when you receive this letter you will revolt and become confused and consult the masters of magic and omens so that you may obtain what you want. But you will definitely lose as you lost in all your plans - except from another side, I am confident that the Creator, Almighty, is capable of guiding you to the right path. The Mahdi George Sassoon Copy to - Head of the Israelite Community, Rabbi Sassoon Khedouri " " - Head of the Israelite Religious Court, Rabbi Salman " " - Khedouri Soudayi " " - Habawi Shirazi " " - Lawyer Salim Isaac " " - Menashi Sofer Baghdad 40 Fils
Ministry of Justice Bureau Number 69962 Date 22/8/945 File Number A 45/249 141/N His Excellency the Most Magnificent Minister of Justice Subject of the Case - I have concluded the dowry contract for the virgin girl named Samiha daughter of Nahum Shalom, residing in the Mahdiya neighborhood at house number ⟦119⟧ and I have spent on the contract an amount of fifty dinars, and ultimately she refused to marry me, and this is something that necessitates her disobedience. However, the Jewish Community Court formed of rabbis in Baghdad ordered me to pay alimony to her despite my request for her to obey me, and the aforementioned ruling is contrary to the legal and religious principles practiced, as it is not permissible for any court whatsoever to rule for the imposition of alimony for a woman who refuses to obey her husband. Therefore, I hope and beg for mercy for my situation and to take the necessary measures to remove the injustice from me. This is for your command, Sir. The Petitioner Salim Moshi Haron In the Bataween neighborhood 22/8/945 To the Jewish Court in Baghdad Requesting observations on the subject and its return 22/8/945 On behalf of the Minister of Justice ⟦illegible⟧
The Religious Court of the Community Baghdad, may God protect it The Jewish Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD Telephone Number 3456 Number: 465 Number Date: September 24, 1945 Date 24 / 9 / 945 His Eminence Rabbi Sassoon Khedhouri, the respected President of the Jewish Community in Baghdad Enclosed is the original petition of the applicant Salim Moshi Haron, referred to our court for observations by the Ministry of Justice. We kindly ask you to return it to you with the statement that the applicant and his fiancée appeared before the Religious Court and expressed their desire for a divorce between them by mutual consent. Indeed, the court performed the necessary legal divorce ceremonies for that on Sunday, September 24, 1945, corresponding to 24 / 9 / 945 - and may you remain [in peace] ⟦signature⟧
8299 5 September 945 The Honorable Ministry of Justice Baghdad Reference to the petition of Salim Moshi Haroun referred to the Jewish Religious Court in Baghdad on 22 / 8 / 945. The Jewish Religious Court in Baghdad has informed us that the petitioner and his fiancée appeared before the court and expressed their desire for a consensual divorce between them, and indeed the court performed the necessary legal divorce ceremonies for that on 2 September 945 and you will find the original petition enclosed. ⟦signature⟧ On behalf of / Head of the Community Justice
Court of Appeal Baghdad Court of Cassation Israeli Sharia - Baghdad Number: 1549 Date: 21 / ⟦6⟧ / 705 Our Honorable L' Hakham Sassoon Kadoorie L' Dear President of the Spiritual Committee L' Jews of Baghdad His Excellency Our respect regarding the judgment given L' the Court L' the Community Jewish in Baghdad under number ⟦705/4⟧ and on date ⟦25⟧ Shevat 5705, submitted herewith for appeal by L' the appellant Abraham Mordechai L' Tzipora the appellant ⟦755/270⟧ and on date ⟦22⟧ Shevat L' the respondent Al Habiba L' Rahamim. L' the aforementioned judgment Al the appellant L' the respondent Al Habiba aforementioned and her alimony amount ⟦945 / Shat⟧ and the appellant's amount total ⟦945⟧ Shekel and the respondent shall be free. In the name of the Court Yitzhak Hayyim Hazan
8289 31 August 945 The Honorable Ministry of Justice Judicial Inspection Division Reference to your letter No. Sh/T/945/11 dated 15 August 94 Addressed to the Israeli Court of Cassation in Baghdad. We submit herewith our letter and the two files related to the lawsuit of Salim Saleh Bors and his wife Simha Ibrahim Nawi. The first file numbered 75/4 and its number of papers is (56) related to the proceedings in the Religious Court, and the second numbered 355 - 370 and its number of papers is (32) related to the Council of Cassation. We kindly request their return to us after you have finished reviewing them. On behalf of The Head of the Community
The Iraqi Government Ministry of Justice Please refer to the general number Judicial Inspection Division 129 General Number Sh/T/11/1945 Telegraphic Address: Adliya Date: September 5, 1945 Subject Summary: ⟦line⟧ Presidency of the Jewish Community — Baghdad With reference to your letter numbered 8389 and dated August 31, 1945. We return to you the two files regarding the lawsuit of Salim Saleh Bayras and his wife Simha Ibrahim Naji, numbered 4/75 with (56) pages, and the second 355/370 with (32) pages, as received by us enclosed with your above-mentioned letter; please inform us of their arrival. ⟦signature⟧ Judicial Inspector ⟦signature/stamp⟧ 9/5/945
8400 5 September 945 His Eminence the President of the Israeli Sharia Court of Cassation Baghdad Reference to your letter No. 1549 dated 31 August 945. We return to you herewith the two files related to the lawsuit of Salim Saleh ⟦Bours⟧ and his wife Simha Abraham Nawi after they were returned to us from the Ministry of Justice on behalf of the Head of the Community A copy of it to The Judicial Inspection Division at the Ministry of Justice Reference to its letter No. Sh/T/11/1945 on 5 September 945 Justice
The Iraqi Government Ministry of Justice Please refer to the general number Legal Codification Department: General Number: 45/116 Telegraphic Address: Justice: Date: May 1, 1945 Subject Summary: The Israelite Sharia Court in Baghdad Please provide us with the Sharia lawsuit file formed between Rachel daughter of Menashi and her husband Menashi Eliya. We will return it to you immediately after completing its audit. Minister of Justice ⟦illegible⟧ Baghdad 219 8 / 5 / 945 690 / 288
The Jewish Religious Court Baghdad, May God Protect It The Jewish Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD Number: 278 Number: 278 Date: 2 / 11 / 1935 Date: 15 / 9 / 935 Telephone Number: 3456 Correct 15 / 9 / 935 Your letter written on ⟦...⟧ certified in ⟦...⟧ which had reached us through the Sole Judge in P ⟦...⟧/116 and on the date of 1 Tishrei ⟦...⟧ and we received the aforementioned letter with the certification in the aforementioned letter and which had reached us in ⟦...⟧ Therefore we would like to inform you that the aforementioned letter in ⟦...⟧ Mercy ⟦...⟧ 584 on 12 Tishrei aforementioned has reached us in the aforementioned letter and which was inside the letter the amount of this letter in the aforementioned letter ⟦...⟧ and likewise the aforementioned letter in the letter in the letter in the aforementioned letter in the letter reached this (388) We, the aforementioned letter in the letter that reached us because it reached us in the aforementioned aforementioned letter the letter Ezra Sassoon Menachem Saleh ⟦illegible stamp⟧
8229 16 May 945 The Honorable Ministry of Justice Baghdad Reference to your letter No. A/116/945 dated 1 May 945 addressed to the Jewish Religious Court in Baghdad. The aforementioned court has informed us that the file under discussion numbered (388) was burned as a result of the fire that occurred in the court building in the year 937, and the Jewish Spiritual Council in Baghdad had previously submitted, in its letter No. 584 dated 10 May 937, a schedule of the files and registers that were burned in the court, and the file under discussion was among them. ⟦signature⟧ Head of the Community
The Iraqi Government Ministry of Justice Please refer to the general number Editing Department: ⟦line⟧ General Number: 4 / 116 / 45 Telegraphic Address: Adliya Date: July 17 / 1945 AD Subject Summary: Presidency of the Jewish Community in Baghdad Reference to your letter numbered 8239 and dated May 16, 1945 The lawyer Naji Munshi, the general agent for Rachel Munshi, submitted a petition claiming therein that there is another file that takes the place of the burned file. The mentioned lawyer requested to review it, but your presidency did not fulfill this request. Please inform us of the reasons for that. ⟦illegible⟧ On behalf of the Minister of Justice S. M.
822 27 July 945 His Eminence, the President of the Jewish Religious Court Baghdad Reference to your letter No. 278 dated 15 / 5 / 945 We transmit to you below the letter of the Ministry of Justice No. A / 116 / 45 dated 17 July 945 to respond to its content. Head of the Community Presidency of the Jewish Community in Baghdad Reference to your letter No. 239 dated 16 / 5 / 945 The lawyer Naji Munshi, the general agent for Rachel Munshi, submitted a petition claiming that there is another file that takes the place of the burned file, and the aforementioned lawyer requested to view it, but your presidency did not fulfill this request. Please inform us of the reasons for that.
Ministry of Justice Papers Department Number: A / 45/886 Date: 8 / 9 / 945 Subject: Petition of ⟦Bashir Munshi⟧ To: Presidency of the Jewish Community in Baghdad We request a prompt response to our letter numbered A / ⟦45/886⟧ and dated ⟦10 July 945⟧ regarding the subject. ⟦signature⟧ Director General of Justice
8291 4 September 945 His Eminence the President of the Jewish Religious Court Baghdad Further to our letter No. 8330 dated 27 July 945 We request a prompt response to the content of our aforementioned letter as quickly as possible. ⟦illegible⟧ Head of the Community
The Jewish Religious Court Baghdad, may God protect it The Jewish Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD Telephone Number 3456 Number: No: 475 Date: Date: 28 September ⟦1955⟧ 4/9/945 His Eminence Rabbi Sassoon Khedouri, the Respected President of the Jewish Community in Baghdad Reference to your letter numbered 8291 dated 4 / 9 / 945 ⟦11⟧ It was previously stated in our letter numbered 278 and dated 15 / 5 / 945 that we mentioned that the file pertaining to the lawsuit of Rachel Menashe against her husband Menashe Eliya was burned And we add to that that there is no other file in our court to take the place of the burned file 2 The President ⟦signature⟧