AI en Translation, Pages 626-650
Page 626
-
⟦26 / 9 / ⟦illegible⟧⟧
To -
His Eminence, the President of the Honorable Israeli Religious Court.
- Baghdad -
Enclosed please find the file numbered 1 / 205 regarding the lawsuit of
Aziza Saleh, returned to us from the Presidency of the Court of Cassation of Iraq with a copy
of the decision of the Committee for Appointing the Reference for your review. .
⟦Issam⟧
2/7
Head of the Community
Attachments
⟦line⟧
Lawsuit file numbered 1 / 205
Copy of the decision of the Committee for Appointing the Reference
Page 627
45/47
The Court of Cassation of Iraq was formed on November 24, 1945, consisting of the President Mr. Prichard and the members Daoud
Samra, Arif al-Suwaidi, Makki al-Orfali, Abdul Jabbar al-Tikrli, Mahmoud Khalis, and Hamdi Sadr al-Din, authorized
to adjudicate in the name of His Majesty the King of Iraq, and issued its following judgment:
Appellant: The plaintiff, Yehuda Ezra Anbar
Appellee: The defendant, Elise daughter of Munir Gabbay
The Court of Personal Matters for the Mosaic Community in Baghdad had, on March 19, 1945, under notification number 129 /
944, decided to dismiss the claim of the plaintiff Yehuda Ezra Anbar and to keep the two daughters, Violet and Blanche, in the custody of their mother until marriage.
Upon the appeal of the aforementioned judgment, it was returned overturned on May 23, 1945, under number 46 / 45. Accordingly, the Judge of
Personal Matters summoned both parties for a hearing. After reading the decision of the Court of Cassation, each of the parties' attorneys repeated their
previous statements. The Court of Personal Matters found that the Court of Cassation, on May 23, 1945, overturned its judgment on the grounds
that the case was heard by the Court of Personal Matters and was not among the matters required to be seen by the community such that
the Judge of Personal Matters would be bound by the opinions of the community in resolving it. Since the right of custody is specified and there is no dispute over it,
the Court of Personal Matters should have, in this situation, taken note of that and resolved the case accordingly. This is from one side; and from the
second side, the plaintiff states that the defendant suffers from epilepsy and is usually unable to manage the girls, so the silence of the Court of
Personal Matters regarding this aspect is incorrect. End. Regarding the first point, it was clarified by Proclamation No. 6
dated 1917 in items 13 and 16. Item 13 stipulated: If there appear in lawsuits brought in the Civil
Court matters pertaining to personal status that are not fundamental, the court shall judge according to the personal law and the customs
observed at the time the incident occurred between the parties, provided that such personal law or custom is
consistent with justice, equity, and conscience, and has not been changed or repealed by a competent authority. Also,
Item 16 stipulated: If the lawsuit and the transaction presented to the Civil Court require a ruling on matters
that must be resolved according to Item 13 of this Proclamation based on a personal law or custom and it is not within the jurisdiction of the
Islamic Sharia Court, the court shall refer these matters to one of the spiritual scholars, provided he is competent
and has knowledge of that. However, if the entire lawsuit needs to be resolved according to that personal law or custom,
the court may entrust that lawsuit to the aforementioned scholar. The Court of Personal Matters had requested a fatwa from the Council of
the Community, and the response arrived dated February 21, 1945, numbered 139, confirming that a girl in the Mosaic community remains in the custody of
her mother until marriage. This direction was supported by many decisions of the Court of Cassation, just as the spirit of legislation which required
the judge to seek a fatwa from a spiritual scholar in lawsuits brought against those not of the judge's sect supported the aforementioned rule
and made its following mandatory. This is supported by the fact that the Committee for Determining the Reference decided on July 27, 1936, under number 2 / 1936,
the necessity of considering Mosaic law, and confirmed that if a woman demands her ⟦rights⟧, her inheritance rights fall away, and this has
no parallel in Islamic jurisprudence. Regarding the second point, the medical report issued by an official committee composed
of three specialized doctors has proven that the mother, Elise, suffers from epilepsy, but that does not affect her mental state, nor
is there fear for her grown daughters from her. Therefore, the Court of Personal Matters saw that a girl in the Mosaic community remains under
the protection of her mother and in her custody until marriage and is entitled to alimony, and that Hanafi jurisprudence regarding custody does not apply.
- ⟦Copy⟧
According to the deed numbered 121 dated November 11, 1950
- The Sharia Court -
Distributed according to the inheritance division 1507 dated the night of 17 Rabi' al-Thani, year 1370
The estate of the deceased Isaac Yusuf Muslih, who died on 15 Shaban, year 1369
Between his wife Masouda and his sons, Yusuf and Daoud, and his daughters Shafiqa, Adiba, and Nazha
⟦signature⟧
717
Copy of the Sharia inheritance division
Continuation of the inheritance division
1507 dated 17 Rabi' al-Thani, year 1370
Which is the share of the deceased woman from the estate of her husband Isaac
Page 628
- 2 -
In this case, it therefore decided on 6/14/945 to insist on its previous decision and dismiss the plaintiff's claim
and charge him with the trial costs. Due to the plaintiff's lack of conviction in this judgment, he requested its review and reversal for the reasons
stated in the cassation brief. When the case was placed under review and deliberation by the General Assembly,
it appeared that the final decision issued by the Personal Status Court is in accordance with the law, as there is no objection to entrusting the girl
of the Mosaic faith to her mother to be under her protection and guarantee until marriage, in view of the Mosaic religion to which
the litigants belong. Accordingly, it was decided by consensus to ratify the final appealed judgment and charge the appellant the cassation fee on November 4,
945.
Fils | Dinar
075/- | Cassation fee
175/- | Notification and stamp fee
250 | Only two hundred and fifty fils
⟦illegible⟧
First Clerk
Page 629
Court of Appeals
in Baghdad
Court of Cassation
Israeli Sharia - Baghdad
Number: 1621
Date: 28 / 1 / 1946
Presidency of the Israeli Community
Number - S 142
Date 24 / 1 / 1946
Distinguished in wisdom and understanding, seeking good for his people
The Sage Rabbi Isaac Abraham, may God protect and preserve him, Kahana
After inquiring of your peace and welfare as is proper, I reply
to your letter from 4/12/945 and from 20/1/946
We hereby inform you that the matter upon which you took
a decision (قرار) was sent to the center in Baghdad and from there it was sent
with the rest of the papers (الاوراق) and on this day it was sent to the
court (محكمة) of Baghdad.
With this, peace and a blessing blessed from heaven
706
26 / 1
402
The young Ovadia
Isaac Hayyim
S.T. (Sefardi Taho)
Page 630
8611
Sending a file
30 January 946
The Honorable Ministry of Justice
(Bureau of Legal Codification)
Reference to your letter numbered A/16/945 dated 20/1/946 addressed
to the Israelite Sharia Court of Cassation in Baghdad
We are sending you herewith the file numbered 361/403 regarding the lawsuit of Heskel
Murad Shatoub and Nazima Daoud Balas, containing (24) pages, as per
your request
Please return the file in question after finishing with it
⟦signature⟧
Head of the Community
Attachments
A file containing (24) pages
Page 631
The Iraqi Government
Ministry of Justice
Please refer to the general number
Presidency of the Jewish Community
Number ⟦168⟧
Date 14 / 2 / 1946
Legal Codification Bureau Division
General Number ⟦7 / 1 / 191⟧
Telegraphic Address: Justice
Date ⟦11⟧ February / 1946 AD
Subject Summary: Election Result
Presidency of the Jewish Community in Baghdad
In response to your letter numbered 8634 and dated 7 / 2 / 1946
The election result has been noted and marked in ⟦only⟧ the electoral district.
On behalf of the Minister of Justice
Page 632
The Iraqi Government
Ministry of Justice
Bureau of Legal Codification
Number 1 / 19 / 7
Date January / 1946 AD
Subject - The Special Jewish Council
Judicial Decision
Further to our judicial decisions numbered 1 / 19 / 7 and dated 10 / 11 / 1945
and 5 / 1 / 1946, and based on the authority vested in us under paragraph (e) of Article
One of the Jewish Community Law Amendment Law No. 39 of 1945, we have decided
the following:-
1- Appointing both Rabbi Yusuf Hayyim Muslim Ezra and Rabbi Eliyahu Ibrahim
to the membership of the Special Jewish Council discussed in our two decisions referred to
above, following the resignation of Rabbis Daoud Hakham Yaqub and Nassim Khadouri
from membership.
2- The Special Council shall meet with its five members at the Jewish Religious Court
under the chairmanship of the eldest member and upon his invitation, and the papers related
to the two cases discussed in our decision No. 1 / 19 / 7 dated 5 / 1 / 1946 shall be referred to it. The
decision was issued on the twenty-second day of the month of January <del>⟦illegible⟧</del> 1946.
⟦signature⟧
Minister of Justice
A copy of it to:-
Presidency of the Jewish Community - for information
Presidency of the Jewish Sharia Court of Cassation } for information and to await the Council's decision and prepare
The Jewish Religious Court in Baghdad } the meeting place.
The two Rabbis mentioned above
The decision dated 5 / 1 / 46
Dr. Samuel Kassab
Reuben City and Rose Munir Khadouri
Page 633
Ministry of Justice
Papers Department
Number A / 22 / 96
Date 27 / 10 / 926
Urgent
Subject - The case of Yusuf bin Salman
To:
Presidency of the Jewish Community in Baghdad
We request a prompt response to our letter numbered A / 22 / 96 and dated 24 / 10 / 926
regarding the subject.
⟦illegible⟧
General Director of Justice
⟦Presidency of the Jewish Community⟧
⟦in Baghdad⟧
186
27 / 10 / 1926
15117 ⟦...⟧
6 / 2 / 1931 ⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧ 15117 ⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧ 5 / 1 / 1931 ⟦...⟧
⟦...⟧
Page 634
The Iraqi Government
Ministry of Justice
Please refer to the general number
Presidency of the Jewish Community
Baghdad
Number 189
Date 24 / 2 / 46
Editing Department:
General Number: 4 / 22 / 22
Telegraphic Address: Adliya
Date: 22 / 2 / 1946
Subject Summary:
Presidency of the Jewish Community in Baghdad
With reference to your letter numbered 8658 and dated 19 / February / 1946.
We return to you herewith the original of the two files sent to us under your above-mentioned letter belonging
to Yusuf Salman and his wife Rima bint Sion after completing them, requesting you to inform us of receipt.
Minister of Justice ⟦signature⟧
Jamal
Page 635
26 February 946
The Honorable Ministry of Justice
Baghdad
Reference to your letter numbered A/32/46 and dated 23 / 2 / 946
We have received the two files related to the lawsuit of Yusuf Salman and his wife, sent
to us enclosed with your above-mentioned letter.
⟦illegible⟧
2/26
On behalf of the Head of the Community
To be filed
2/28
Page 636
Baghdad 18 February 46 ?
His Excellency the President of the Israelite Community in Baghdad, the Respected
After greetings and respect
From reviewing the draft law for the organization of religious courts for the Christian and Mosaic communities currently presented
for the approval of the National Assembly, we found that Article Four of that draft allows for legal experts
who are not clergymen to be among the members of the religious courts. Since the participation of non-spiritual men in judgment
according to the Mosaic Law is a matter contrary to this Law and religiously prohibited according to Paragraph 415 of the Falakh
which states in its translation ((It is not permissible to appoint a religious judge from persons who are not knowledgeable in religious
matters, even if he is knowledgeable in other matters))
Therefore, we, the Israelite Spiritual Council in Baghdad, have seen fit to request your Excellency to mediate in conveying this
fact to the competent official authorities and to exert your effort to amend this article as far as it concerns
the Israelite community, and to your Excellency further respect.
Sassoon Khedouri
Hakham Bashi
President of the Israelite Spiritual Council
232 Night 26
District Governor of Ana District
In the name of
232 / 6 / 26 in Salih 23 / 6 / 26 and in it the second article Qasha
Qasim Salih from Ana, we request from him after reviewing the court to reconcile night 17 night 1
This is how we were notified and therefore we were alerted
⟦illegible⟧
Servant
Ana District ⟦illegible⟧
⟦illegible⟧
One
Page 637
Baghdad 18 February 946
His Excellency the President of the Jewish Community in Baghdad, the Respected
After greetings and respect
From reviewing the draft law for the organization of religious courts for the Christian and Mosaic communities currently presented
for the approval of the Parliament, we found that Article Four of that draft allows for legal experts
who are not clergy to be among the members of the religious courts. Since the participation of non-spiritual men in the judiciary
according to the Mosaic Law is a matter contrary to this Law and religiously prohibited according to Paragraph 415 of the Commandments
which states in its translation: ((It is not permissible to appoint a religious judge from persons who are not knowledgeable in religious
matters, even if he is knowledgeable in other matters))
Therefore, we, the Jewish Spiritual Council in Baghdad, have decided to request your Excellency to mediate in conveying this
fact to the competent official authorities and to exert your effort to amend this article as far as it concerns
the Jewish community, and to your Excellency further respect.
Sassoon Khedouri
Hakham Bashi
⟦illegible⟧
President of the Jewish Spiritual Council
Page 638
Baghdad 18 February 946
His Excellency the President of the Jewish Community in Baghdad, the Respected
After greetings and respect
From reviewing the draft law for the organization of religious courts for the Christian and Mosaic communities currently presented
for the approval of the Parliament, we found that Article Four of that draft allows for legal experts
who are not clergymen to be among the members of the religious courts. Since the participation of non-spiritual men in the judiciary
according to the Mosaic Law is a matter contrary to this law and religiously prohibited according to Paragraph 415 of the Commandments,
the text of which translates to: ⟦It is not permissible to appoint a religious judge from persons who are not knowledgeable in religious
matters, even if he is knowledgeable in other matters⟧
Therefore, we, the Jewish Spiritual Council in Baghdad, have seen fit to request Your Excellency to mediate in conveying this
fact to the competent official authorities and to exert your effort to amend this article as far as it pertains
to the Jewish community, and to Your Excellency further respect.
Sassoon Khedouri
H.B.
A.B.D.
President of the Jewish Spiritual Council
Page 639
Baghdad 12 February 946
His Excellency the Minister of Justice, the Respected
After greetings and respect
With reference to your judicial decision numbered A / 19 / 7 and dated 24 / 1 / 946 regarding my appointment as a member
in the Special Council that will look into the two cases discussed in your decision dated 5 / 1 / 46 and 22 / 1 / 46.
I request the acceptance of my resignation from the membership of the aforementioned Council due to the existence of a kinship between me and the member in
the aforementioned Council, Rabbi Haron Saleh Dori, as that kinship is what prevents me legally from looking
into this lawsuit. This is with your Excellency's further respect.
Sincerely
Rabbi Yusuf Hayyim Mu'allim Ezra
⟦Yusuf Mu'allim Ezra⟧
Copy to - His Excellency the President of the Respected Israelite Community
Page 640
Baghdad 12 February 946
His Excellency the Minister of Justice, the Respected
After greetings and respect
With reference to your judicial decision numbered A/19/7 and dated 1/24/946 regarding my appointment as a member
in the Special Council that will look into the two cases discussed in your decision dated 1/5/46 and 1/22/46
I request the acceptance of my resignation from the membership of the aforementioned Council due to the existence of a kinship between me and the member in
the aforementioned Council, Rabbi Haron Saleh Dori, as that kinship is what prevents me legally from looking
into this lawsuit. With further respect to Your Excellency.
Sincerely
Rabbi Yusuf Hayyim Mu'allim Ezra
Yusuf Hayyim
Mu'allim Ezra
Copy to - His Excellency the President of the Israelite Community, the Respected
322 in ⟦21⟧ ⟦...⟧ 61
⟦...⟧ Presidency ⟦...⟧
Let it be ⟦...⟧ 26 / 1 / 61 in ⟦...⟧ 17 ⟦...⟧ ⟦...⟧ Presidency ⟦...⟧
22 / 1 / 61 ⟦...⟧ 5 / 1 / 61 ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧
⟦...⟧
⟦illegible stamp⟧
⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
Page 641
Baghdad on 12 / 2 / 1946
His Excellency the Minister of Justice, the respected
After greetings and respect
Reference to your judicial decision numbered A / 19 / 7 and dated 24 / 1 / 1946
regarding my appointment as a member of the Special Council that will look into the two cases discussed in your decision
dated 5 / 1 / 1946 and 22 / 1 / 1946.
I request the acceptance of my resignation from the membership of the aforementioned council due to the existence of a kinship
between me and the member of the Israeli Court of Cassation, Rabbi Eliyahu Shua, as that kinship
legally prevents me from looking into this lawsuit.
With further respect to Your Excellency.
⟦Eliyahu Shua⟧
⟦Abraham⟧
Sincerely
Rabbi Eliyahu Abraham
A copy of it to: -
His Eminence the President of the respected Israeli Community.
Page 642
Iraqi Government
Ministry of Justice
Presidency of the Jewish Community
Number 188
Date 21 / 2 / 1946
Please refer to the general number
Division: Legal Codification Bureau
General Number: A / 19 / 1 / 11
Subject Summary: Kinship of the Special Council members
Telegraphic Address: Adliya
Date: 22 February 1946
Presidency of the Jewish Community
Baghdad
✓
With reference to the two resignation letters of Rabbis Yosef Hayyim Moallem Ezra and Eliyahu Ibrahim
dated 12 / 2 / 1946.
1. We noticed that the two letters were written in the same style, the same language, the same typewriter, and the same date.
This is one of the strange coincidences that indicate the Council does not wish to meet
for reasons that are almost hidden; otherwise, the resignations would not have been repeated.
2. We find no benefit in accepting the resignation of the aforementioned two Rabbis unless they first clarify the degree
of kinship, so that we may know if this kinship is a legal impediment to
their participation in the aforementioned Council. We hope to receive the answer as soon as possible and not
allow any room for delay.
⟦signature⟧
Minister of Justice
A copy to:
Rabbi Eliyahu Ibrahim
Rabbi Yosef Hayyim Moallem Ezra
A. Al-Shibli
Page 644
Presidency of the Israelite Community
Number 192
Date 25 / 2 / 1946
To the Honorable President of the Israelite Community
With reference to your letter dated February 24, 946, which includes
your notification regarding the type of kinship that prevents me from participating in the Special Council, sir, since
one of the members of the Special Council, Rabbi Aaron Saleh Dori, is
my wife's maternal uncle, it does not prevent me from participating in the aforementioned council, and that is
according to the provisions of (Choshen Mishpat) Chapter (7) Paragraph (9)
and Chapter (22) Paragraph (2). This is for your information, sir.
Sincerely, Yusuf Habib Moallem Ezra
⟦line⟧
⟦line⟧
Page 645
⟦Presidency of the Israelite Community⟧
192
2/25/1946
⟦mark⟧
His Eminence Rabbi Sassoon Khedouri, the respected
President of the Israelite Community - Baghdad
With reference to your letter dated February 24, 1946
The degree of my kinship with Rabbi Elia Shoa, a member of
the Court of Cassation, is that I am the husband of the aforementioned Rabbi's sister,
And according to the Israelite Law (Choshen Mishpat Chapter 22 Article
212) I am not permitted to consider a case in which my aforementioned relative
participated. Respectfully and according to the laws
Rabbi Elia Haider Abraham
⟦line⟧
Page 646
8668
26 February 946
27
Kinship of the Special Council members
The Honorable Ministry of Justice -
Baghdad
Reference to your letter numbered 11/1/16/9 and dated 20 February 946
Enclosed you will find the original of the two letters received by us from Rabbi Eliyahu Ibrahim
and Rabbi Yosef Hayyim Moallem Ezra, explaining in them the degree of their kinship to the members of the Special
Council as per your request
Sassoon
Head of the Community
⟦signature⟧
2/26
Attachments
2
Page 647
Return of File
26 February 946
His Eminence the President of the Jewish Religious Court
Baghdad
Reference to your letter No. 755 dated 18 / 2 / 946
We return to you herewith the lawsuit file No. 190 / 705 regarding Yusuf
Salman and his wife, which was returned to us by the Ministry of Justice after they finished with it.
⟦signature⟧
26 / 2
Head of the Community
Copy to -
His Eminence the President of the Jewish Sharia Court of Cassation, Baghdad
We return to you herewith the lawsuit file mentioned above, No. 379
which was sent to us with your letter No. 1621 dated 18 / 2 / 946
Page 648
1222
16/7/946
A / 2202
His Excellency the Honorable Minister of Justice
Presented to Your Excellency
I and my wife are Iraqis registered in the census records and we have not changed our nationality. I married
my wife named (Rahma Sayon, a resident of the Mahdiya neighborhood) in Baghdad, and God has blessed me with
young sons and a daughter. In the year 1941, when fear befell us, the Israelite community,
we departed to Palestine (Tel Aviv). When the situation settled, I returned to my Iraqi
homeland in which I grew up and lived off its soil and bounties, and I will not prefer any homeland over it. When
I asked my wife to agree to leave Palestine, she did not agree with me, so she remained there and still is,
she and my children. The Israelite Sharia Court in Baghdad forced me to the necessity of ⟦obedience⟧ of my
aforementioned wife and going to Palestine, while I am not willing to do so. It forced me to accept one of two things:
either going or paying maintenance for her and my children amounting to fourteen dinars per month ⟦i.e., for others⟧
only - 6 - dinars. I appealed this decision in the same Israelite Sharia Court but did not obtain a
result. Since the court's decision is contrary to the constitution and Israelite religious custom, I see
myself as victimized. I hope your esteemed ministry will mediate in resolving this constitutional violation -
issued against me by the Israelite Council, as the decision is contrary to custom, for it has changed the religious
custom and did not obligate my wife to obey me (i.e., the necessity of her return and her obedience to me) because I am her husband and residing
in my homeland and there is no danger to me. The Israelite Sharia Court should have rejected my wife's request and deprived her even
of maintenance as long as she insists on not obeying her husband (me), and she is considered legally and lawfully recalcitrant,
having forfeited her legal rights, including maintenance. She has no right to claim maintenance for herself as long as she refuses
to obey me. Since I have no means of livelihood other than my means in Iraq and I do not wish
to go there at all, I repeat my plea to your esteemed ministry for your mediation
to study this injustice that has befallen me and to lift it from me by one of two things: saving me from the maintenance
imposed on me without any legal basis, or obliging the Sharia Court to oblige my wife -
(⟦the plaintiff⟧) to the necessity of her return to resume obedience. By this, you ensure legal and
constitutional rights from being tampered with. My respect and thanks to you, sir.
The Petitioner
Youssef Salman
The dresser at Dr. Emil Sweini's clinic
Al-Rashid Street, Baghdad
16/7/1946
16/7/946
A / 2202
The Israelite Religious Court in Baghdad
Requesting observations on the subject
and returning it - 17/7/946
On behalf of the Minister of Justice
The Sharia Court
in Baghdad
32 ⟦...⟧
Number ⟦...⟧ Date ⟦...⟧
To the Sharia Court in ⟦...⟧
Peace be upon you
Based on your letter numbered 557 and dated ⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
The Sharia Judge of Baghdad
Number ⟦...⟧
To the Sharia Court in ⟦...⟧
⟦...⟧
⟦...⟧
Page 649
The Religious Court of Baghdad
Baghdad, may God protect it
The Jewish Religious Court - Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
Number: 712
Date: 22 / 1 / 946
File Number: 890 / 5 / 7
Presidency of the Jewish Community
Special Number 124
Date 28 / 1 / 1946
His Eminence Rabbi Sassoon Khedhouri, Respected
President of the Jewish Community - Baghdad
Enclosed is the original petition referred to us by the Ministry of Justice and submitted by
the petitioner Yusuf Salman. Please kindly return it while providing the following
observations:-
The petitioner's wife had filed a lawsuit before our court requesting
a judgment for alimony from her husband due to him leaving her in Palestine with his children without
any support, and for his refusal to provide the means for her to return to Iraq, and for his failure to
pay the debts incurred by him during his absence to cover the household expenses for her
and her children. When the court instructed the petitioner on the necessity of visiting the competent departments
to obtain a passport for his wife and children at the session on 10 / 8 / 945, it became clear that
his attorney abandoned his previous requests and requested a review of the adjustment of the amount of alimony awarded.
From this, it is clear that our court did not force the petitioner to remain
in Palestine and join his wife; rather, the truth confirms that the petitioner's wife is the one who
requested to return to Iraq, but her husband is not facilitating that, and in view of
his refusal to do so, the judgment for alimony was issued against him.
The President
Page 650
8607
30 January 946
The Honorable Ministry of Justice
Reference to your marginal note numbered A/46/32 and dated 17 / 1 / 946 regarding the referral of the petition of the person named
Yusuf Salman to the Israeli Religious Court for observation
Enclosed is the original petition of the person named Yusuf Salman, and we list below the observations of the aforementioned court regarding
the subject :-
"The petitioner's wife had filed a lawsuit before our court requesting a judgment for alimony against her husband
due to him leaving her in Palestine with her children without any provider and for failing to provide the means for her
to return to Iraq and for his failure to pay the debts incurred by him during his abandonment of her
to cover the living expenses for her and her children. When the court instructed the petitioner of the necessity of visiting
the competent departments to obtain a passport for his wife for her return, he stated at the session on 1 / 8 / 945
through his attorney that he abandoned his previous requests and requested a review of the adjustment of the amount of alimony awarded
and from this it appears that the court did not force the petitioner to travel to Palestine and join
his wife, and the truth of the matter is that the petitioner's wife is the one who requested to return to Iraq after
her husband paves the way for her to do so, and in view of his refusal to do so, it was decided to sentence him to alimony."
Alawi
Head of the Community
⟦illegible⟧
1/30
Attachments:
Petition of the person named Yusuf Salman