AI en Translation, Pages 601-625
Page 601
From this, it is clear that the medical report, which is the subject of the petitioner's complaint, was not submitted directly by the wife
(the defendant) with the intent of delaying and prolonging the lawsuit, and that the procedures taken by the court were
intended to ensure and verify the claim of the wife's illness before a final ruling on her disobedience and the forfeiture of
her marital rights, while taking into account what was stated in Article 140 of the Code of Civil Procedure.
The President
⟦illegible⟧
Page 602
The Religious Court of Justice
Baghdad, May God Protect It
The Jewish Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
Telephone Number 3456
Number: 521
Date: 4/11/84
His Eminence Rabbi Sassoon Khedhouri, Respectfully
President of the Jewish Community, Baghdad
Regarding the lawsuit file numbered 222 / 951
concerning the house of the late Rabbi Nissim, filed by
Habiba daughter of Saqil in addition to the estate of the deceased
Shaul Saqil against - please kindly forward it
to the Ministry of Justice, Legal Codification Department
based on the request received in the letter from the aforementioned department
dated 10/21/1951 and numbered A / 45/498
Please be informed that the mentioned file contains
⟦11⟧ pages
President of the Court
⟦Salman Hoogi⟧
⟦We sent it⟧
11/5
⟦illegible stamp⟧
⟦illegible⟧
We, the undersigned ⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
Page 603
146
5 November 945
The Honorable Ministry of Justice
Legal Codification Department - Baghdad
Reference to your letter No. A/45/448 dated 10/31/945 to
The Israeli Religious Court in Baghdad
You will find attached to this letter of ours the lawsuit file numbered 333 / ⟦705⟧
Containing 11 papers regarding the lawsuit of Mazli Eliyahu Hakham Nassim filed
Against Habiba daughter of Hesqel in addition to the estate of the deceased Shaul Hesqel Munir
We request its return to us after you have finished reviewing it.
⟦signature⟧
Correct
11/5
To the President
⟦signature⟧
11/5
⟦signature⟧
11/5
Head of the Community
Page 604
8542
Sending a file
Urgent
19 December 945
The Honorable Ministry of Justice
With reference to our letter No. 4608 dated 5 November 945
Please send the lawsuit file No. 333 / 945 containing
11 papers and filed by Mazli Eliyahu Hakham Nissim against Habiba daughter of Ezekiel
Which we previously sent to you under our letter referred to above to the Presidency of
The Court of Cassation of Iraq, as the aforementioned court has requested it for review, provided that
It reaches them on Thursday, 20 / 12 / 945 before ten o'clock in the morning
morning.
His Eminence the Rabbi
On behalf of
The Head of the Community
⟦illegible⟧
12/19
Copy to: -
The Presidency of the Court of Cassation of Iraq with reference to your letter
No. 4 / 945 / Reference dated 17 / 12 / 945
Page 605
Presidency of the Court of Cassation of Iraq
Baghdad
Number 945/4/Reference
Date 17 / 12 / 1945
Presidency of the Jewish Community
Incoming Number 720
Date 18 / 12 / 45
To the Presidency of the Jewish Community in Baghdad
Based on the petition submitted by Habiba daughter of Hesqel Meir, which includes
her request to designate the jurisdiction for the lawsuit filed in the Jewish Religious Court
by Mazli daughter of Eliyahu.
The Jurisdiction Designation Committee will convene on ⟦Sunday⟧ 23 / 12 / 945 ⟦Thursday⟧
to consider the case. Please kindly appoint a member to this committee
and instruct them to attend on the aforementioned day at 10:00 AM.
⟦illegible⟧
The President
A copy to - The Jewish Religious Court in Baghdad to send
the case files to us for review..
His Eminence the Rabbi
For information and to take the necessary action to appoint the member and attend the discussion
⟦illegible⟧
18 / 12
Page 606
8544
Appointment of a member to the Jurisdiction Designation Committee
19 December 945
Presidency of the Iraq Court of Cassation
Baghdad
With reference to your letter No. 4 / 945 Ref. dated 17 / 12 / 945
We have assigned the appointment of His Eminence Rabbi Salman Hoki Aboudi, President of the
Jewish Religious Court, as a member of the Jurisdiction Designation Committee which will meet on Thursday
corresponding to 20 / 12 / 945 to consider the petition submitted by Sabiha daughter of
Heskel Meir to your court, and we have written to the honorable Ministry of Justice to send the case
papers to you for review, as we had previously sent them to the aforementioned Ministry
based on its request.
On behalf of
The Head of the Community
Master Rabbi
For review please
⟦illegible⟧
12/19
S. Kh. / M.
Page 607
Ministry of Justice
Accounting Division
Presidency of the Jewish Community
Number ⟦7420⟧ 22/7
Date ⟦28⟧ December / 945
Date 5 / 12 / 1945
Presidency of the Jewish Community in Baghdad
We send you herewith a payment authorization note numbered ⟦line⟧
and dated 12 / 5 / 945 for the amount of two Dinars for the stamp fine collected
from each of the lawyer Ibrahim Hazoum and Ezra Salman Bano, requesting the withdrawal of the mentioned amount
from the Central Treasury and the delivery of one Dinar to each of them and informing us of the receipt.
⟦signature⟧
On behalf of the Minister of Justice
Copy to ⟦line⟧
General Accounting Directorate — with reference to the Ministry of Finance letter numbered
13311 and dated 21 / 11 / 945.
Central Treasury Directorate — to disburse the mentioned amount and record it as a debit
against Article Three (Various Refunds) of
Chapter 24.
A. S.
Page 608
The Iraqi Government
Presidency of the Court of Cassation of Iraq
Baghdad
Reference Number 45/4
Date 29 / 12 / 1945
Presidency of the Jewish Community / Baghdad:
Number: 97
Date: 1 / 1 / 45
Ministry of Justice
With reference to the letter from the Presidency of the Jewish Community in Baghdad numbered
8543 dated December 16, 1945, addressed to your Ministry
and a copy of it to us.
Please send the file of the conciliation lawsuit numbered 343 / 705
filed by Mazli Eliyahu Hakham Nissim against Habiba bint Hasqeel to us
before the day 3 / 1 / 1946.
⟦Haikal⟧
The President
And a copy of it to - Presidency of the Jewish Community in Baghdad
For information.
His Eminence the Rabbi
For your kind review
⟦illegible⟧
1/1
Page 609
Iraqi Government
Ministry of Justice
Presidency of the Jewish Community
Number ⟦102⟧
Date 6 / 1 / 1946
Please refer to the general number
Division: Legal Codification Bureau
General Number G: 448/45
Telegraphic Address: Justice
Date: January / 1946
Subject Summary: Appointment of a Reference
Presidency of the Court of Cassation
In response to the communication ending with your letter numbered Ref 4/45 and dated 29 / 12 / 1945
You will find below a copy of the Legal Codification Bureau's decision dated 14 / 11 / 1945 with confirmation
And enclosed is the file pertaining to the aforementioned lawsuit.
⟦illegible signature⟧
Minister of Justice
A copy of it to -
Presidency of the Jewish Community - with reference to its letter numbered 8460 and dated
5 / 11 / 1945 with the indication that the file was sent
to the Court of Cassation.
Opinion of the Bureau
With reference to your Excellency's margin dated 29 / 10 / 1945 written on the petition of Mr. Nusrat
Al-Farisi. The Bureau examined the petition of the aforementioned lawyer and found that the occurring objection must
be resolved according to Article 2 of the Appointment of Reference Law No. 8 of 1929, which considered in its
fourth paragraph such cases as cases of conflict of jurisdiction, and therefore the ruling on this
matter is not within the jurisdiction of this Bureau, but rather within the jurisdiction of the Reference Appointment Committee according to
paragraph (b) of Article 4 of the aforementioned law. 14 / 11 / 1945
Page 610
8485
12 November 945
Formation of a Special Council
His Eminence the President of the Honorable Israeli Spiritual Council
Baghdad
With reference to the letter of the venerable Ministry of Justice No. 7/191 dated 10
November 945, a copy of which was sent to you
Please provide us with a list containing the names of the rabbis, other than the members, who
attended the Israeli Religious Court and the Israeli Sharia Court of Cassation
in the aforementioned lawsuit for the purpose of sending it to the Ministry of Justice to form the Special
Council from among those nominated from them.
⟦signature⟧
Head of the Community
S Kh / A M His Eminence the Rabbi
For distribution ⟦...⟧
⟦signature⟧
12/11
Page 611
Prime Minister's Office
Incoming Number 92
Date 2 / 12 / 1945
Ministry of Justice
Legal Codification Bureau
7/9/9
41/75
Iraqi Government
Number 1 - 7/19
Date - December 1945
Judicial Decision
Subject / Formation of a special Jewish council
Petitioner - Lawyer Saleh Naji, as per his power of attorney for the plaintiff Rosa Haskel Khadouri
Subject of reconsideration - The decision of the Jewish Cassation Council No. 402 dated
26 / 11 / 1945.
The petitioner, lawyer Saleh Naji, submitted a petition to this Ministry requesting a
reconsideration of the decision of the Jewish Cassation Council No. 402 dated 26 / 11 / 1945, which
overturned the judgment issued by the Jewish Religious Court in Baghdad on 31 / 10 / 945
ordering a monthly alimony for his client Rosa Haskel Khadouri from her husband Reuben Saleh
Setti. He requested the formation of the Special Council.
The Legal Codification Bureau met with all its members and examined the petitioner's petition and found it
submitted within the legal period, so it decided to accept it. After bringing the papers from their competent source
and examining them, it appeared to the Bureau that the Jewish Religious Court in Baghdad had ruled
for monthly alimony for the petitioner's client from her husband twice, the last of which was the decision made on
31 / 10 / 1945, and that the Jewish Cassation Council in Baghdad, upon reviewing the two decisions
referred to above, overturned them and insisted on its viewpoint twice.
The Bureau, after examining the issued decisions, did not find in them an explanation for the viewpoints
except that both the Religious Court and the Cassation Council insist on their opinions, and the latter accuses the former of ignorance
regarding the rulings of the ⟦Mosaic⟧ Law, which makes the case pending and there is no benefit in
returning it to the Religious Court to consider it a third time, as it is apparent that it will insist on its opinion
in the judgment and the Jewish Council will insist on its opinion in the reversal.
This is from one side, and from the other side, the Cassation Council has shown its lack of neutrality by sending
a letter to the Baghdad Execution Presidency requesting the suspension of the execution of the alimony decree, contrary
to its powers and exceeding its legal authority. Since it has appeared that the dispute cannot be resolved
and that it will remain in back-and-forth unless a neutral body considers it, therefore, based on our
legal powers granted to us under paragraph (e) of Article 1 of the Amendment Law
- To be continued -
By the success from Your abundance
532 Rabi' al-Thani, year 21
To the Presence of the honored, respected, Khawaja Sassoon Somayeh, the respected
After well-wishing
1- On the day of 21/7, we submitted our request regarding you having a hand in the works of
⟦Buildings⟧ from long ago in the year 532 Rabi' al-Thani year
We are the servants of the service, for when you arrived you said you would include it and ⟦...⟧
And its amount for the hand is 17, and since we or Salim accepted the hand of ⟦being/existing⟧, we settled our hand
And we handed over our works in proportion to the ⟦...⟧ councils which are by our agreement or otherwise a quarter
⟦...⟧ and from it shall be whoever is among the servants
Your sincere,
Ezra Eliyahu Somayeh
Your sincere son,
Yusuf Sassoon
11 March
Mallo
11/11
Page 612
⟦illegible stamp⟧
⟦illegible stamp⟧
- 2 -
Jewish Community Law No. 39 of 1945, we have decided to form the Special Council
of Rabbis who possess the qualities of judgment, whose names are listed below:
Rabbi Aaron Saleh Dori
Rabbi Daoud Hakham Yaqub
Rabbi Yusuf Ibrahim Ambar
Rabbi Moshe Ibrahim
Rabbi Nissim Khedhouri
This is for the purpose of auditing the papers and resolving the dispute in the case under discussion by our decision
herein.
The decision was issued on the twenty-seventh day of the month of December in the year 1945.
⟦handwritten signature⟧
Minister of Justice
A copy thereof to:-
The Presidency of the Jewish Community in Baghdad - for information
The Presidency of the Jewish Religious Court of Cassation } for information and awaiting what the Council
The Jewish Religious Court in Baghdad } decides in the aforementioned case
Courts
Issue No. 23
Date 1/27/1953
Presidency of the Sharia Courts
Case of Mr. Judge Baghdad
137 / M / Appeal
12/24/1952 - in Baghdad
Presidency of the Court
Formed under the chairmanship of the Vice President Mr. ⟦...⟧ and the membership of
⟦...⟧ Presidency of the Sharia Court of Cassation in this panel chaired by the Vice President ⟦...⟧ and the membership of
In register 203 dated 12/24/1952, and whereas the mentioned judgment was appealed before us on
11/22/1952
Upon our examination of the case in the panel, we found that the judgment issued by the Sharia Court
in Baghdad (11/22/1952) in register 203 includes that the court had stayed the lawsuit numbered
10/16/1952 regarding the necessity of the plaintiff appearing before the court to be confronted by the defendant and the assignment of
The reason for this is that the defendant pleaded that he had legally divorced her according to a document issued by the Rabbi
⟦...⟧ and that she had received the deferred dowry according to a receipt
She appeared, and her representative appeared, and she objected to what was stated in the paper, denying that he had divorced her
legally, and that the mentioned receipt does not bear her signature and that her signature was forged on it, and she requested
the court to assign the defendant to prove the validity of the receipt or to maintain that the mentioned receipt has no connection
to the subject of divorce, but rather concerns the deferred dowry that he claims to have handed over to her, and the court decided
to adjourn the case until the verification of the validity of the receipt mentioned in register 10/16/1952 is completed
And whereas the Cassation Panel found that the court erred in considering
this procedure as correct because the case relates to alimony and the defendant claims that the separation has
occurred while she is still his wife, and since the subject of divorce and alimony are inseparable, it was incumbent
upon the court not to decide to stay the case, but rather it should have continued hearing the case
to reach the truth of the dispute between the two parties regarding both alimony and divorce together, and the court
erred in its aforementioned decision; therefore, we decided to overturn the judgment and return it to it
to proceed with the case in accordance with what we explained above, and whereas the judgment was issued regarding the defendant
to demand alimony and divorce, and since the court erred in its procedures by dismissing the case
due to her non-attendance even though she had a valid representative, and since we found that the judgment violated
the law and since the Sharia Court proceeded upon it, and since the judgment violated the procedures, we therefore decided
to overturn the judgment and return it to its court to follow what was stated above, and the decision was issued by consensus
Vice President
Page 613
Presidency of the Jewish Community
No. ⟦...⟧ 104
Date 6 / 7 / 1946
Legal Codification Bureau
2 / 19 / 7
5 / 1 / 1946
Special Jewish Council
Judicial Decision
Further to our decision No. 2 / 19 / 7 dated 10 / 11 / 1945.
-1 Based on the authority vested in us under paragraph (e) of Article 1 of the Law
Amending the Jewish Community Law No. 39 of 1945, we have decided to form the Special Council
of the Rabbis who possess the religious qualifications, whose names are listed below:-
Rabbi Aaron Saleh Dori
" Daoud Rabbi Yaqub
" Yusuf Ibrahim Assir
" Moshe Ibrahim
" Nissim Khedhouri
-2 The Council shall review the decision of the Jewish Court of Cassation dated 26 / 8 / 1945 issued
in file No. 101 / 705 in the case of Karji Haskel Gabbay, and shall meet in the Jewish
Religious Court, and the papers shall be deposited with it.
The decision was issued on the third day of January / 1946.
⟦signature⟧
Minister of Justice
A copy to:-
Presidency of the Jewish Community - for information with reference to its letter No. 8519 dated 5 / 12
/ 1945.
Presidency of the Jewish Sharia Court of Cassation ( <del>⟦illegible⟧</del> for information and to await the Council's decision
The Jewish Religious Court in Baghdad ( and to prepare the necessary place for its meeting in the building
( of the Religious Court and to deposit the attached papers
( herewith to it.
Members of the aforementioned Special Council
Jamal
Page 614
Baghdad 6 November 945
His Excellency the Minister of Finance, the Respected
Subject - Exemption from stamp fines
With reference to the fine decision No. 16 / 945 dated 4 August 945 issued by His Excellency the Minister
of Justice, a copy of which was sent to your Ministry, and with reference to your letter addressed to the Presidency of the Jewish
Community No. 12639 dated 1 November 945
We request Your Excellency to reconsider, if possible, the fine decision referred to above, and if it appears
to Your Excellency that the Religious Court was mistaken in its interpretation that it was not covered by the Stamp Law
and that the petitions submitted to it were subject to stamp duty, then I request that you consider this violation
as arising from an accidental error and order my exemption from the monetary penalty regarding the transactions mentioned
in the fine decision, considering that the violation of the Stamp Law in those transactions is nothing but a violation arising
from an error in interpretation that occurred for the first time
With much gratitude and respect to Your Excellency.
IRAQ
POSTAGE
40 FILS
40 Fils
⟦signature⟧
Rabbi Salman Hoki Aboudi
Head of the Jewish Religious Court
Baghdad
Copy - to the Honorable Ministry of Justice
His Eminence the President of the Jewish Community, the Respected
Page 615
Baghdad 26 November 945
His Excellency the Minister of Finance, the Respected
Subject - Exemption from stamp fines
With reference to the fine decision numbered A/16/945 and dated 4 August 945 issued by His Excellency the Minister
of Justice, a copy of which was sent to your Ministry, and with reference to your letter addressed to the Presidency of the Jewish Community
numbered 12639 and dated 1 November 945
We request Your Excellency to reconsider, if possible, the fine decision referred to above, and if it appears to Your Excellency
that the Religious Court was mistaken in its interpretation that it was not covered by the Stamp Law and that the petitions
submitted to it were subject to stamp duty, I request that you consider this violation as arising from
an accidental error and order my exemption from the monetary penalty regarding the transactions mentioned in the fine decision
considering that the violation of the Stamp Law in those transactions is nothing but a violation arising from an error in interpretation
that occurred for the first time.
With much gratitude and respect to Your Excellency.
Iraq IRAQ
POSTAGE & REVENUE
40 FILS 40 FILS
⟦19⟧
Rabbi Yehoshua Moshe Heskel
Member of the Jewish Religious Court
Baghdad
Copy to -
The Honorable Ministry of Justice
His Excellency the President of the Jewish Community, the Respected
Page 616
Baghdad, 6 November 945
His Excellency the Minister of Finance, Respected
Subject - Exemption from stamp fines
With reference to the fine decision numbered A/16/945 and dated 4 August 945 issued by His Excellency the Minister
of Justice, a copy of which was sent to your Ministry with reference to your letter addressed to the Presidency of the Jewish Community
numbered 12639 and dated 1 November 945.
We request Your Excellency to reconsider, if possible, the fine decision referred to above, and if it appears
to Your Excellency that the Religious Court was mistaken in its interpretation that it was not covered by the Stamp Law
and that the petitions submitted to it were subject to stamp duty, I request that you consider this violation
as arising from an accidental error and order my exemption from the monetary penalty regarding the transactions mentioned
in the fine decision, considering that the violation of the Stamp Law in those transactions is nothing but a violation arising from
an error in interpretation that occurred for the first time.
With much gratitude and respect to Your Excellency.
IRAQ
POSTAGE
20 FILS 20 FILS
⟦signature⟧
Rabbi Raphael Isaac Hayyim
Former member of the Religious Court
Jewish - Baghdad
Copied to -
The Honorable Ministry of Justice
His Excellency the Respected President of the Jewish Community
Rabbi Rosa ⟦Samuel⟧
His Eminence ⟦the President of the Court⟧
Member of the Religious Court
For expedited processing, please
⟦signature⟧
11/7
Page 617
Baghdad 6 November 945
His Excellency the Respected Minister of Finance
Subject - Exemption from stamp fines
With reference to the fining decision numbered A / 16 / 945 and dated 4 August 945 issued by His Excellency the Minister
of Finance, a copy of which was sent to your Ministry with reference to your letter addressed to the Presidency of the Jewish Community
numbered 12639 and dated 1 November 945
We request Your Excellency to reconsider, if possible, the fining decision referred to above, and if it appears
to Your Excellency that the Religious Court was mistaken in its interpretation that it was not covered by the Stamp Law
and that the petitions submitted to it were subject to stamp duty, then I request that you consider this violation
as arising from an accidental error and order my exemption from the monetary penalty regarding the transactions mentioned
in the fining decision, considering that the violation of the Stamp Law in those transactions is nothing but a violation arising from
an error in interpretation that occurred for the first time.
With much gratitude and respect to Your Excellency.
IRAQ POSTAGE
40 FILS
40 Fils
⟦illegible⟧ 10.6.⟦illegible⟧
Rabbi Yosef Eliyahu Rabi
Member of the Jewish Religious Court
Baghdad
Copy to -
The Honorable Ministry of Justice
His Eminence the Respected President of the Jewish Community
532 Riyals in the year 1341
And the receiver's record of his riyals
According to which the account was settled:
Riyals taken from the hand of Al-Sa 532 in April ⟦11532⟧ at the beginning of what we received in riyals on the 12th of it
We received from the cost of distances riyals and we deducted in the place of riyals and the paid riyals from it, it was necessary to change the situation according to what we found
532 Riyals in the year 1 April 26321 Riyals
According to the aforementioned, the amounts of the distances mentioned on its date, but the distances above we took out from the hand of whoever advanced you
And we delivered riyals on its date according to a clarification for him with the mentioned evidence, money was given into our hands that we received from the hands of Al-Sa
We have received from him the evidence of any receipt of riyals from Al-Sa according to which evidence was delivered to him and not to others, but from him riyals in Al-Sa that were given
To settle and evidence the costs of the traveler and correct the matters of our riyals, but that riyals they have planted from the faces of the travelers in Al-Sa that
The ratio of those riyals on the 12th of it, the distances were not riyals, but rather that riyals were received for evidence, no equivalent riyals were found for riyals
On the date of proof by evidence 12 riyals the evidence
And the evidence is sufficient to prove that the hand of Al-Sa
And images
From ⟦...⟧
⟦...⟧
And after ⟦we monitored⟧ riyals in the hand of Al-Sa
We received the received riyals according to it
What I received as value on the 12th
⟦We saw⟧ the report
Its receiver we received in Al-Sa
And we received from the cost of the travelers in Al-Sa
Evidence for in riyals
The registered amount is mine
We received various riyals
Page 618
Baghdad 6 November 945
His Excellency the Minister of Finance, the Respected
Subject - Exemption from stamp fines
With reference to the fine decision numbered 16 / 945 and dated 4 August 945 issued by His Excellency the Minister
of Justice, a copy of which was sent to your Ministry, and with reference to your letter addressed to the Presidency of the Jewish
Community numbered 12639 and dated 1 November 945
We request Your Excellency to reconsider, if possible, the fine decision referred to above, and if it appears
to Your Excellency that the Religious Court was mistaken in its interpretation that it was not covered by the Stamp Law
and that the petitions submitted to it were subject to stamp duty, I request that you consider this violation
as arising from an accidental error and order my exemption from the monetary penalty regarding the transactions mentioned
in the fine decision, considering that the violation of the Stamp Law in those transactions is nothing but a violation arising
from an error in interpretation that occurred for the first time
With much gratitude and respect to Your Excellency.
Rabbi Salman Hoki Aboudi
President of the Jewish Religious Court
Baghdad
Copy - To the Honorable Ministry of Justice
His Excellency the President of the Jewish Community, the Respected
His Eminence the President of the Religious Court
For auditing, please
⟦illegible⟧
11/6
Page 619
Baghdad on ⟦6⟧ November 945
His Excellency the Minister of Finance, the Respected
Subject - Exemption from stamp fines
With reference to the fine decision numbered A/16/945 and dated 4 August 945 issued by His Excellency the Minister
of Justice, a copy of which was sent to your Ministry, and with reference to your letter addressed to the Presidency of the Jewish Community
numbered 12639 and dated 1 November 945
We request Your Excellency to reconsider, if possible, the fine decision referred to above, and if it appears to Your Excellency
that the Religious Court was mistaken in its interpretation that it was not covered by the Stamp Law and that the petitions
submitted to it were subject to stamp duty, then I request that you consider this violation as arising from
an accidental error and order my exemption from the monetary penalty regarding the transactions mentioned in the fine decision
considering that the violation of the Stamp Law in those transactions is nothing but a violation arising from an error in interpretation
that occurred for the first time.
To Your Excellency, much gratitude and respect.
Rabbi Yehoshua Moshe Heskel
Member of the Jewish Religious Court
Baghdad
Copy to -
The Honorable Ministry of Justice
His Excellency the President of the Jewish Community, the Respected
His Eminence Rabbi Yehoshua Moshe
Member of the Religious Court
For signature please
⟦illegible⟧
Page 620
Court of Cassation of Iraq
Baghdad
Number 10 / Sharia / M / 1946
Date 2 / 2 / 946
Presidency of the Jewish Community
Number ⟦Incoming⟧ 152
Date 4 / 2 / 1946
To -- Presidency of the Jewish Community in Baghdad
Reference to your letter numbered 8613 and dated 30 / January 1946
The file numbered 1 / 705 regarding the lawsuit of Ezra Saleh and his wife Simha Daoud has arrived
Sunday, corresponding to 10 / February 1946, has been appointed for deliberation, so please send whom you designate
to represent the community in the committee for determining the jurisdiction which will convene at ten o'clock
in the morning of the aforementioned day.
⟦illegible⟧
The President
Page 621
8625
4 February 946
Jurisdiction Designation Committee
Presidency of the Court of Cassation of Iraq
Baghdad
Reference to your letter No. 1 Jurisdiction Designation / 1946 dated 3 / 2 / 946
We have assigned His Eminence Rabbi Salman Hoki Aboudi to represent the community
in the Jurisdiction Designation Committee which will convene at ten o'clock on the morning of
Sunday, February 10, 946, in the hall of your court.
⟦illegible⟧
2/4
On behalf of
Head of the Community
Copy to - His Eminence Rabbi Salman Hoki Aboudi, please attend
at the appointed time at the Presidency of the Court of Cassation of Iraq
Page 622
Presidency of the Court of Cassation of Iraq
Baghdad
Number 46/1 Reference
Date 19 / 2 / 1946
Presidency of the ⟦Jewish⟧ Community
Number ⟦127⟧
Date 21 / 2 / 1946
Presidency of the Jewish Community in Baghdad
Reference to our letter No. 46/1 dated 12 / 2 / 1946.
Due to the non-arrival of the file, this Presidency has postponed the committee meeting date
to Sunday, corresponding to 24 / 2 / 1946, at ten o'clock in the morning -
Please return the file after its translation is completed and have the community representative attend on the
appointed day and time,
⟦W...⟧
The President
Page 623
Presidency of the Court of Cassation of Iraq
Case Number
46/1
Petitioner - Applicant for Appointment of Jurisdiction: Ezra Saleh
Ezra Saleh submitted a petition to the Court of Cassation stating that the Jewish Religious Court
in Baghdad had issued its judgment against him to return to his wife, Simha bint Daoud, all items
and trousseau furniture, and that he had objected to the jurisdiction of the religious court, and that the lawsuit filed
is within the jurisdiction of the civil courts. Thus, the decision issued by the court is considered a conflict of jurisdiction
between two courts. Based on the third paragraph of the Law for Appointment of Jurisdiction, he requested the appointment of the jurisdiction
for the lawsuit existing between him and his wife. The Committee for Appointment of Jurisdiction met on February 24,
1946, under the chairmanship of Mr. G. Pritchard, President of the Court of Cassation, and the membership of Mr.
Daoud Samra, Vice President of the Court of Cassation, and Rabbi Salman Hoki Aboudi, representing the community.
Upon scrutiny and deliberation, it appeared that the case relates to household items and jewelry in dispute
between a husband and wife, so it does not fall within a dowry lawsuit. Therefore, it is outside the jurisdiction of the Jewish Community Council
and falls within the jurisdiction of the civil courts. It was so decided, and all proceedings
and the judgment issued as a result by the Community Council were annulled, and a copy of this decision is to be sent to each
of the civil courts in Baghdad and the Jewish Community Council in Baghdad for their information
and to act accordingly. Issued by consensus on February 24, 1946.
Signed
President
True Copy
Page 624
Presidency of the Court of Cassation of Iraq
Case Number
46/1
Petitioner - Applicant for Appointment of Jurisdiction: Ezra Saleh
Ezra Saleh submitted a petition to the Court of Cassation stating that the Jewish Religious Court
in Baghdad had issued its judgment against him to return to his wife, Simha bint Daoud, all items
and trousseau furniture, and that he had objected to the jurisdiction of the religious court, and that the lawsuit filed
is within the jurisdiction of the civil courts. Thus, the decision issued by the court is considered a conflict of jurisdiction
between two courts. Based on the third paragraph of the Law for Appointment of Jurisdiction, he requested the appointment of the jurisdiction
for the lawsuit existing between him and his wife. The Jurisdiction Appointment Committee met on February 24,
1946, under the chairmanship of Mr. G. Pritchard, President of the Court of Cassation, and the membership of Mr.
Daoud Samra, Vice President of the Court of Cassation, and Rabbi Salman Hoki Aboudi, representing the community.
Upon scrutiny and deliberation, it became clear that the case concerns household items and jewelry in dispute
between a husband and wife and does not fall within a dowry lawsuit, so it is outside the jurisdiction of the Jewish Community Council
and falls within the jurisdiction of the civil courts. It was so decided, and all trials and the judgment
issued as a result by the Community Council were annulled, and a copy of this decision is to be sent to each
of the civil courts in Baghdad and the Jewish Community Council in Baghdad for their information
and to act accordingly. Issued by consensus on February 24, 1946.
Signed
President
True Copy
Page 625
Presidency of the Court of Cassation of Iraq
Baghdad
Number 46/1 Reference
Date 28 / 2 / 1946
Presidency of the Jewish Community
Reference to your letter number 8613 dated 30 / 1 / 946.
We return to you the file numbered 1 / 705 regarding the lawsuit of Ezra Saleh
with a copy of the decision of the Jurisdiction Determination Committee for your review.
⟦signature⟧
The President
A copy of it to the Presidency of the Baghdad Court of First Instance - with a copy of the decision
issued under number 1 / 46 to act accordingly.
Presidency of ⟦illegible⟧
⟦illegible⟧
Date ⟦illegible⟧