AI en Translation, Pages 676-700
Page 676
- 2 -
And whereas this council sees that the last medical report dated 8/6/945 came confirming
that the fiancée is unable to return to Iraq and mentioning the supporting reasons for that and the danger resulting from
her violation, and whereas the fiancé did not prove the falsity of the medical report, and whereas the procedures of the religious court
regarding the estimation of the alimony amount came in accordance with the Sharia, and whereas there was nothing in the procedures of the Jewish Religious Court
in Baghdad or the Jewish Spiritual Court of Cassation indicating that they did not act in accordance with the letter of the Ministry of
Justice certifying the decision of the Codification Bureau No. A/16/45 dated 16/5/945
because the religious court's ruling was not based on the first report but on the last medical report dated
8/6/945 - therefore, it was decided to ratify the decision of the Jewish Religious Court dated 5/11/45
ruling to obligate the fiancé to pay an amount of fifteen dinars to be received by the fiancée starting from 18/6/945 and the decision
of the Spiritual Court of Cassation issued on 31/12/945 in support of the aforementioned religious court decision
and it was decided to deposit a copy of this decision for each of the Jewish Religious Court in Baghdad and the Spiritual Court of Cassation
Jewish for review and action accordingly, and it was issued by agreement on October 1st
year 1946.
⟦Sassoon Khedouri⟧
⟦Isaac ...⟧
⟦...⟧
The President
Page 677
Number ..... for the year 945
Draft Law Amending the Jewish Community Law
Number 77 for the year 945
⟦line⟧
With the approval of the Senates and Deputies, We have ordered the enactment of the following law:-
Article One - Paragraph (2) of Article Fifteen of the Jewish Community Law is repealed
and replaced by the following:-
3 - A - A council shall be formed in Baghdad called the Jewish Spiritual Court of Cassation, whose members
shall be elected by the Spiritual Council to audit the judgments issued by the Jewish religious courts
in Iraq. This council consists of the Chief Rabbi of the Baghdad community
and four members ⟦from⟧ the Spiritual Council in Baghdad who are not members of the religious courts. In the absence of
the President, the aforementioned council shall be chaired by the eldest member, and the quorum of the council shall be completed in the manner indicated
in paragraph (4) of this article.
- B - Cassation audits are conducted on the case file and the pleadings of both parties. The Spiritual Court of Cassation
may, when necessary, summon both parties before it to obtain the necessary clarifications from them,
provided that the audit is not delayed for more than two months from the date of registration of the cassation petition.
- C - Neither the religious court nor the body of the Spiritual Court of Cassation, collectively or individually, may
seek an opinion on the cases pending before them, and each of them must decide on
the case without the participation of the other council.
- D - The Spiritual Court of Cassation issues its decisions by consensus or by absolute majority, and in
the second case, the reasons for the dissent are recorded at the end of the decision.
- E - If it appears to the Minister of Justice, based on the review of one of the litigants in a case within
two months from the date of the issuance of the decision of the Spiritual Court of Cassation, that one of the two councils has violated
the provisions of this law, or that there is a clear error, ambiguity, vagueness, or contradiction in the issued judgment,
he may form a special council to reconsider the decision issued by the Spiritual Court of Cassation.
- F - The special council mentioned in the previous paragraph shall be composed of five of the rabbis
registered in the Register of Rabbis to reconsider the cassation decision requested to be
reconsidered, and its decision shall be final.
Article Two - This law shall be implemented from the date of its publication in the Official Gazette.
Article Three - The Minister of Justice shall implement this law.
- 2 -
which was on 8/3/539 AH on the day of 17 Rajab al-Murtada, and in our Sharia court
the woman Hannah daughter of Salem Levi appeared before us, and she claimed that she supports what was before us
We established the divisions that we heard and clarified in the letter of presentation between us, the various laws
before us the 17th of it, divisions that follow these ancient traditions, and that was according to what was present before him
in the aforementioned Sharia court above with Rashid and with the 17th, and the Almighty said about it regarding the aforementioned
on 31/5/539 AH on the day of 31/5/539, and in these traditions which are with the Almighty, what was the money
moreover, and we clarified in this with Rashid the 17th and with a reminder that there is nothing in it of what we clarified our division
on 31/5/539 AH on the day before us the 17th, we presented the divisions that are with the Almighty ⟦illegible⟧ 8/3/539 AH on
day 8/3/539 AH, which we presented divisions that he committed to, which I presented among us and I obtained that
in these traditions we presented divisions that on 16/11/539 in what is regarding the money and the Almighty said about it
the Almighty Solomon, and in which before us the 17th we presented divisions that in what I presented and obtained and that
this on 17 Rajab the 17th in what and that was in the building of the money and the 17th said and said about it
His servant
Salih
Solomon
23901
Page 678
No. ..... of the year 945
Regulation of the Law Amending the Jewish Community Law
No. 77 of the year 945
With the approval of the Senates and Deputies, We have ordered the enactment of the following law: -
Article One - Paragraph (2) of Article Fifteen of the Jewish Community Law is repealed
and replaced by the following: -
3 - A - A council shall be formed in Baghdad called the Jewish Spiritual Court of Cassation, whose members
shall be elected by the Spiritual Council to audit the judgments issued by the Jewish religious courts
in Iraq. This council consists of the Chief Rabbi of the Baghdad community
and four members ⟦from⟧ the Spiritual Council in Baghdad who are not members of the religious courts. In the absence of
the President, the aforementioned council shall be chaired by the eldest member, and the quorum of the council shall be completed in the manner indicated
in paragraph (4) of this article.
B - Cassation audits are conducted on the case file and the pleadings of both parties. The Spiritual Court of Cassation
may, when necessary, summon both parties before it to obtain the necessary clarifications from them,
provided that the audit is not delayed for more than two months from the date of registration of the cassation petition.
C - It is not permissible for the religious court nor for the body of the Spiritual Court of Cassation, collectively or individually,
to seek an opinion on the cases pending before them, and each of them must decide on
the case without the participation of the other council.
D - The Spiritual Court of Cassation issues its decisions by consensus or by absolute majority, and in
the second case, the reasons for the dissent are recorded at the end of the decision.
E - If it appears to the Minister of Justice, based on the review of one of the litigants in a case within
two months from the date of the issuance of the decision of the Spiritual Court of Cassation, that one of the two councils has violated
the provisions of this law, or that there is a clear error, ambiguity, vagueness, or contradiction in the issued judgment,
he may form a special council to reconsider the decision issued by the Spiritual Court of Cassation.
F - The special council mentioned in the previous paragraph shall be composed of five of the rabbis
registered in the Register of Rabbis to reconsider the cassation decision requested to be reconsidered,
and its decision shall be final.
Article Two - This law shall be implemented from the date of its publication in the Official Gazette.
Article Three - The Minister of Justice shall implement this law.
Page 679
Number ..... for the year 945
Draft Law Amending the Jewish Community Law
Number 77 for the year 945
With the approval of the Senates and Deputies, we have ordered the enactment of the following law:-
Article One - Paragraph (2) of Article Fifteen of the Jewish Community Law is repealed
and replaced by the following:-
- A - A council shall be formed in Baghdad called the Jewish Spiritual Court of Cassation, whose members
shall be elected by the Spiritual Council to audit the judgments issued by the Jewish religious courts
in Iraq. This council consists of the Chief Rabbi of the Baghdad community
and four members ⟦from⟧ the Spiritual Council in Baghdad who are not members of the religious courts. In the absence of
the President, the aforementioned council shall be chaired by the eldest member, and the council's quorum shall be completed in the manner indicated
in paragraph (4) of this article.
- B - Cassation audits are conducted on the case file and the pleadings of the two parties, and the Spiritual Court of Cassation
may, when necessary, summon the two parties before it to obtain the necessary clarifications from them,
provided that the audit is not delayed for more than two months from the date of registration of the cassation petition.
- C - Neither the religious court nor the body of the Spiritual Court of Cassation, collectively or individually, may
seek opinions on the cases pending before them, and each of them must decide on
the case without the participation of the other council.
- D - The Spiritual Court of Cassation issues its decisions by consensus or by absolute majority, and in
the second case, the reasons for the dissent are recorded at the end of the decision.
- E - If it appears to the Minister of Justice, based on the review of one of the litigants in a case within
two months from the date of the issuance of the Spiritual Court of Cassation's decision, that one of the two councils has violated
the provisions of this law, or that there is a clear error, ambiguity, vagueness, or contradiction in the issued judgment,
he may form a special council to reconsider the decision issued by the Spiritual Court of Cassation.
- F - The special council mentioned in the previous paragraph shall be composed of five of the rabbis
registered in the Register of Rabbis to reconsider the cassation decision requested to be
reconsidered, and its decision shall be final.
Article Two - This law shall be implemented from the date of its publication in the Official Gazette.
Article Three - The Minister of Justice shall implement this law.
Page 680
No. ..... of the year 945
Draft Law Amending the Jewish Community Law
No. 77 of the year 945
With the approval of the Senates and the Chamber of Deputies, we ordered the enactment of the following law: -
Article One - Paragraph (2) of Article Fifteen of the Jewish Community Law is repealed
and replaced by the following: -
2 - A - A council shall be formed in Baghdad called the Jewish Spiritual Court of Cassation, whose members
shall be elected by the Spiritual Council to audit the judgments issued by the Jewish religious courts
in Iraq. This council consists of the Chief Rabbi of the Baghdad community
and four members ⟦from⟧ the Spiritual Council in Baghdad who are not members of the religious courts. In the absence of
the President, the aforementioned council shall be chaired by the eldest member, and the council's quorum shall be completed in the manner indicated
in paragraph (4) of this article.
- B - Cassation audits are conducted on the case file and the pleadings of the two parties, and the Spiritual Court of Cassation
may, when necessary, summon the two parties before it to take the necessary clarifications from them,
provided that the audit is not delayed for more than two months starting from the day the cassation petition is registered.
- C - It is not permissible for the religious court nor for the body of the Spiritual Court of Cassation, collectively or individually,
to seek opinions on the cases pending before them, and each of them must decide on
the case without the participation of the other council.
- D - The Spiritual Court of Cassation issues its decisions by consensus or by an absolute majority, and in
the second case, the reasons for the dissent are recorded at the end of the decision.
- E - If it appears to the Minister of Justice, based on the review of one of the litigants in a case within
two months from the date of the issuance of the Spiritual Court of Cassation's decision, that one of the two councils has violated
the provisions of this law, or that there is a clear error, ambiguity, vagueness, or contradiction in the issued judgment,
he may form a special council to reconsider the decision issued by the Spiritual Court of Cassation.
- F - The special council mentioned in the previous paragraph shall be composed of five of the rabbis
registered in the Register of Rabbis to reconsider the cassation decision requested to be reconsidered,
and its decision shall be final.
Article Two - This law shall be implemented from the date of its publication in the Official Gazette.
Article Three - The Minister of Justice shall implement this law.
Page 681
No. ..... of the year 1945
Regulation of the Law Amending the Law of the Jewish Community
No. 77 of the year 1945
With the approval of the Senates and Deputies, we ordered the enactment of the following law: -
Article One - Paragraph (2) of Article Fifteen of the Jewish Community Law is repealed
and replaced by the following: -
1 - A - A council shall be formed in Baghdad called the Jewish Spiritual Court of Cassation, formed according to
its selection by the Spiritual Council to audit the judgments issued by the Jewish religious courts
in Iraq. This council consists of the Chief Rabbi of the Baghdad community
and four members ⟦from⟧ the Spiritual Council in Baghdad who are not members of the religious courts. In the absence of
the President, the aforementioned council shall be chaired by the eldest member, and the quorum of the council shall be completed in the manner shown
in paragraph (4) of this article.
- B - Cassation audits are conducted on the case file and the briefs of the two parties, and the Spiritual Court of Cassation
may, when necessary, summon the two parties before it to provide the necessary clarifications orally,
provided that the audit is not delayed for more than two months starting from the day the cassation petition is registered.
- C - It is not permissible for the religious court nor for the body of the Spiritual Court of Cassation, collectively or individually,
to extract an opinion on the cases pending before them, and each of them must decide on
the case without the participation of the other council.
- D - The Spiritual Court of Cassation issues its decisions by consensus or by an absolute majority, and in
the second case, the reasons for the dissent are recorded at the end of the decision.
- E - If it appears to the Minister of Justice, based on the review of one of the litigants in a case within
two months from the date of the issuance of the decision of the Spiritual Court of Cassation, that one of the two councils has violated
the provisions of this law, or that there is a clear error, ambiguity, vagueness, or contradiction in the issued judgment,
he may instruct the public interest to reconsider the decision issued by the Spiritual Court of Cassation.
- F - The special council mentioned in the previous paragraph shall be composed of five of the rabbis
registered in the Register of Rabbis to reconsider the cassation decision requested to be
reconsidered, and its decision shall be final.
Article Two - This law shall be implemented from the date of its publication in the Official Gazette.
Article Three - The Minister of Justice shall implement this law.
Page 682
⟦Copy⟧
No. ....... of the year 1945
Regulation of the Law Amending the Law of the Jewish Community
No. 77 of the year 1945
....
With the approval of the Senates and the Chamber of Deputies, We ordered the enactment of the following law:-
Article One - Paragraph (2) of Article Fifteen of the Jewish Community Law is repealed
and replaced by the following:-
2 - A - A council shall be formed in Baghdad called the Jewish Spiritual Court of Cassation, whose members
shall be elected by the Spiritual Council to audit the judgments issued by the Jewish religious courts
in Iraq. This council consists of the Chief Rabbi of the Baghdad community
and four members of the Spiritual Council in Baghdad who are not members of the religious
courts. In the absence of the President, the oldest member shall preside over the said council, and the quorum
of the council shall be completed in the manner set forth in paragraph (4) of this article.
B - Cassation audits shall be conducted on the case file and the pleadings of the two parties, and the
Spiritual Court of Cassation may, when necessary, summon the two parties before it to obtain the necessary clarifications
from them, provided that the audit is not delayed for more than two months starting from the day the cassation petition
is registered.
C - Neither the religious court nor the body of the Spiritual Court of Cassation, collectively or individually, may
seek an opinion on the cases pending before them, and each of them must decide on the
case without the participation of the other council.
D - The Spiritual Court of Cassation issues its decisions by consensus or by absolute majority, and in
the second case, the reasons for the dissent shall be recorded at the end of the decision.
E - If it appears to the Minister of Justice, based on the review of one of the litigants in a case within
two months from the date of the issuance of the Spiritual Court of Cassation's decision, that one of the two councils has
violated the provisions of this law, or that there is a clear error, ambiguity, obscurity,
or contradiction in the issued judgment, he may form a special council to reconsider the decision issued by the
Spiritual Court of Cassation.
F - The special council mentioned in the previous paragraph shall be composed of five rabbis -
registered in the Register of Rabbis - to reconsider the cassation decision requested to be
reconsidered, and its decision shall be final.
Article Two - This law shall be implemented from the date of its publication in the Official Gazette.
Article Three - The Minister of Justice shall implement this law.
⟦Justice⟧
Page 683
Explanatory Memorandum
for the Draft Law Amending the Jewish Community Law
No. 77 of 1931.
Paragraph (3) of Article (5) of the Jewish Community Law No. 77 of 1931 permitted
the review of decisions of religious courts by a special court, and stipulated that this
court be formed under the chairmanship of the Chief Rabbi and the membership of four members of the Spiritual Council in Baghdad, provided that none
of them was a member of the court that issued the appealed judgment.
Since the Chief Rabbi is elected by the General Council when this position becomes vacant,
it may happen that the person elected to this position is a member of the religious court, making it impossible in this
case for him to preside over the Court of Cassation according to the aforementioned paragraph. In this situation, it was found necessary to amend
the paragraph on the basis of the permissibility of forming a court under the name "Jewish Spiritual Court of Cassation" consisting of
the Chief Rabbi of the Baghdad community and four members of the Spiritual Council who are not members of the religious courts.
In the absence of the President or the impossibility of his attendance, the oldest member shall preside over the said council, and the
quorum shall be completed in the manner set forth in paragraph (4) of Article (15) of the original law.
The practice followed was for the religious courts and the Jewish Court of Cassation to consult on
the cases presented to them. Since harm was found in this method, the amendment stipulated
the impermissibility of extracting an opinion between these two courts in cases being considered by them,
and the amendment required each of them to decide on the case without the participation of the other council.
(Paragraph - H).
Since the legal method followed is that decisions issued by the Islamic Sharia Cassation Councils
are subject to a request for reconsideration by the Ministry if a clear error, ambiguity, or apparent contradiction is found
in the issued judgment, it was found necessary to accept the principle of the permissibility of reconsidering
decisions issued by the Jewish Spiritual Court of Cassation by a special council formed by
the Minister of Justice from five rabbis registered in the Register of Rabbis, and the decision of this
special council shall be final ((Paragraphs - E - F)).
Page 685
Explanatory Memorandum
for the Draft Law Amending the Jewish Community Law
No. 77 of 1931.
Paragraph (3) of Article (5) of the Jewish Community Law No. 77 of 1931 permitted
the review of decisions of religious courts by a special court, and stipulated that this
court be formed under the chairmanship of the Chief Rabbi and the membership of four members of the Spiritual Council in Baghdad, provided that
none of them were members of the court that issued the appealed judgment.
Since the Chief Rabbi is elected by the General Council when this position becomes vacant,
it may happen that the person elected to this position is a member of the religious court, and in this case,
it becomes impossible to form the Court of Cassation according to the mentioned paragraph. In this situation, it was found necessary to amend
the paragraph on the basis of the permissibility of forming a court under the name "Jewish Spiritual Court of Cassation" consisting of
the Chief Rabbi of the Baghdad community and four members of the Spiritual Council who are not members of the religious courts.
In the absence of the President or the impossibility of his attendance, the oldest member shall preside over the said council, and the
quorum shall be completed in the manner set forth in paragraph (4) of Article (15) of the original law.
The followed method was for the religious courts and the Jewish Court of Cassation to consult on
the cases presented to them. Since harm was found in this method, the amendment stipulated
the impermissibility of seeking opinions between these two courts in the cases being considered by them,
and required each of them to decide on the case without the participation of the other council.
(Paragraph - C).
Since the legal method followed is that decisions issued by the Islamic Sharia Cassation Councils
are subject to a request for review by the Ministry if a clear error, ambiguity, or apparent contradiction
is found in the issued judgment, it was found necessary to accept the principle of the permissibility of reviewing
decisions issued by the Jewish Spiritual Court of Cassation by a special council formed by
the Minister of Justice from five rabbis registered in the Register of Rabbis, and the decision of this
special council shall be final ((Paragraphs - E - F)).
Page 686
Explanatory Grounds
for the Draft Law Amending the Law of the Jewish Community
No. 77 of 1931.
Paragraph (3) of Article (5) of the Jewish Community Law No. 77 of 1931 permitted
the review of decisions of religious courts by a special court and required that this
court be formed under the chairmanship of the Chief Rabbi and the membership of four from the Spiritual Council in Baghdad, provided that
none of them were members of the court that issued the appealed judgment.
Since the Chief Rabbi is elected by the Spiritual Council when this position becomes vacant,
it may happen that the person elected to this position is a member of the religious court, making it impossible in this
case to chair the Court of Cassation according to the mentioned paragraph. In this situation, it was found necessary to amend
the paragraph on the basis of the permissibility of forming a court under the name "Jewish Spiritual Cassation Council" consisting of
the Chief Rabbi of the Baghdad community and four members of the Spiritual Council who are not members of the religious courts.
In the absence of the President or the impossibility of his attendance, the oldest member shall chair the said council, and the
quorum shall be completed in the manner set forth in paragraph (4) of Article (15) of the original law.
The practice followed was for the religious courts and the Jewish Court of Cassation to consult on
the cases presented to them. Since harm was found in this method, the amendment stipulated
the impermissibility of seeking opinions between these two courts in the cases presented to them by them,
and required each of them to decide on the case without the participation of the other council.
(Paragraph - C).
Since the legal method followed is that decisions issued by the Islamic Sharia Cassation Councils
are subject to a request for review by the Ministry if a clear error, ambiguity, or apparent contradiction
is found in the issued judgment, it was found necessary to accept the principle of the permissibility of reviewing
decisions issued by the Jewish Spiritual Cassation Council by a special council formed by
the Minister of Justice from five of the rabbis registered in the Register of Rabbis, and the decision of this
special council shall be final ((Paragraphs - D - F)).
Page 687
4
Explanatory Memorandum
for the Draft Law Amending the Jewish Community Law
No. 77 of 1931.
Paragraph (3) of Article (5) of the Jewish Community Law No. 77 of 1931 permitted
the review of decisions of religious courts by a special court, and stipulated that this
court be formed under the chairmanship of the Chief Rabbi and the membership of four from the Spiritual Council in Baghdad, provided that
none of them were members of the court that issued the appealed judgment.
Since the Chief Rabbi is elected by the Spiritual Council, this position has been established,
and it may happen that the person elected to this position is a member of the religious court, making it impossible in this
case to form the Court of Cassation according to the mentioned paragraph. Therefore, it was found necessary in this situation to amend
the paragraph on the basis of allowing the formation of a court named the "Jewish Spiritual Cassation Council" consisting of
the Chief Rabbi of the Baghdad community and four members of the Spiritual Council who are not members of the religious
courts. In the absence of the President or the impossibility of his attendance, the said Council shall be chaired by the eldest member, and the
quorum shall be completed by the majority specified in paragraph (2) of Article (15) of the original law.
The followed method has shown that the decisions of the religious courts and the Jewish Court of Cassation in
the cases presented to them, and since a defect was found in this method, the amendment stipulated
the impermissibility of consulting opinions between these two courts in the cases being considered by them,
and the amendment required each of them to decide on the case without the participation of the other council.
(Paragraph - H -).
Since the followed legal rules dictate that decisions issued by the Islamic Sharia
Cassation Councils are subject to a request for review by the Ministry if a clear error,
ambiguity, or apparent contradiction is found in the issued judgment, it was found necessary to accept the principle of the permissibility of reviewing
decisions issued by the Jewish Spiritual Cassation Council by a special council formed by
the Minister of Justice from two rabbis registered in the Register of Rabbis, and the decision of this
special council shall be final ((Paragraphs - I - J -)).
Page 688
Explanatory Grounds
for the Draft Law Amending the Jewish Community Law
No. 77 of 1931.
Paragraph (2) of Article (5) of the Jewish Community Law No. 77 of 1931 permitted
the review of decisions of religious courts by a special court and stipulated that this
court be formed under the chairmanship of the Chief Rabbi and the membership of four from the Spiritual Council in Baghdad, provided
that none of them were members of the court that issued the appealed judgment.
Since the Chief Rabbi is elected by the General Council when this
position becomes vacant, and it may happen that the person elected to this position is a member of the religious court, and in
this case, his chairmanship of the Court of Cassation according to the mentioned paragraph would occur, it was found in this situation
necessary to amend the paragraph on the basis of the permissibility of forming a council under the name "The Jewish Spiritual Court of Cassation"
consisting of the Chief Rabbi of the Baghdad community and four members of the Spiritual
Council who are not members of the religious courts. In the absence of the President or the impossibility of his attendance, the said council
shall be chaired by the eldest member, and the quorum shall be completed in the manner set forth in paragraph (4) of Article (15)
of the original law.
The followed method was for the religious courts and the Jewish Court of Cassation to consult
on the cases presented to them, and since harm was found in this method, it has been
amended to prohibit the exchange of opinions between these two courts in cases being considered
by them, and the amendment required each of them to decide on the case without the participation of the
other council (Paragraph - C).
As the followed legal method is that decisions issued by the Islamic Sharia
Courts of Cassation are subject to a request for review by the Ministry if a clear error,
ambiguity, or apparent contradiction is found in the issued judgment, it was found necessary to accept the principle of the permissibility of
reviewing decisions issued by the Jewish Spiritual Court of Cassation by a special council
formed by the Minister of Justice from five lawyers registered in the Register of Lawyers,
and the decision of this mentioned council shall be final (Paragraphs - D - and E).
Page 690
Iraqi Government
Ministry of Justice
Number: A / ⟦1554/15⟧
Date: 8 September / 1946
Legal Codification Bureau Division
Subject Summary: Request for lawsuit files
Presidency of the Jewish Community in Baghdad
Based on the request made regarding the review, please provide us with the file
of the Sharia lawsuit formed between the plaintiff Juliet Yusuf Sofair and her fiancé
Ibrahim Ezra Sofair, which is located in both the Jewish Religious Court
and the Jewish Sharia Court of Cassation, and we will return it to you immediately
after finishing with it.
Minister of Justice
⟦illegible stamp over signature⟧
Page 691
Presidency of the Mosaic Community ⟦...⟧
31 / 12 / 1953
Number ⟦...⟧
Presidency of the Court of First Instance in Baghdad
Based on your request ⟦...⟧
We attach herewith a copy of the death certificate belonging to the late ⟦...⟧
Registered in our records ⟦...⟧
Please be so kind ⟦...⟧
82 / 54 / 3
Presidency of the Mosaic Community
⟦Signature⟧
Page 692
The Religious Court of the Holy Community
Baghdad, may God protect it
The Israeli Religious Court - Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
Number :: 1009
Date :: 16 / 5 / 1978
File Number: 145 / 707
The Honorable Judge of the Court of First Instance of ⟦Al-Karrada⟧
The Honorable President of the Jewish Community
With reference to your letter dated 12 / 9 / 1977 and number 9022
145 / 707 we send you herewith the file regarding the lawsuit
for alimony between Juliet Yusuf Sunna and Fatima Ibrahim Sunna
Please kindly deliver it to the Ministry of Justice
The Council as requested. Note that it contains 46 pages.
The President
⟦Salman Darwish⟧
⟦illegible⟧
Page 693
Court of Appeal
Baghdad
Court of Cassation
Israeli Sharia - Baghdad
Number: 1729
Date: 20 / March / 1947
Muhammad Zahir Effendi Fadhel
Attorney for Fahima Farhan Farhan
Shalom Al-Kanabis in ⟦case⟧ 19/47
In the courts 19/3/947 we are the circle of
The Mosaic Spiritual Council (944) and issued
(18) days on the date as well and that these
In it is an amendment to the ruling in it
Regarding the appellant in his property
Send
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
Page 694
September 16, 946
His Eminence, the President of the Honorable Israeli Religious Court
We transmit to you below a copy of the letter from the Baghdad District Police Directorate No. 73195
dated 9/14/946, requesting your opinion on the matter.
Head of the Community
⟦line⟧
Juliet daughter of Yusuf Hayyim, residing in the Taura neighborhood, submitted a petition to
the Northern Rusafa Investigating Judge, claiming that the person named Ibrahim
Sofer had proposed to her five years ago and registered her engagement contract in the
Spiritual Council of the community in Baghdad. After that, the aforementioned person approached the Spiritual Council
again and annulled the engagement to the aforementioned woman and entered into a second engagement with the girl Eliza
daughter of Ezra. Therefore, please inform us of the degree of truth in the claim of the mentioned <del>⟦plaintiff⟧</del> petitioner
and whether this is permissible in the Mosaic Law or not.
Page 695
The Israeli Religious Court
in Baghdad
Jewish Religious Court
in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
Number: 1045
Date: 27 / 10 / 946
File Number: 145 / 702
His Eminence Rabbi Sassoon Khedhouri, the respected
President of the Jewish Community in Baghdad first
Reference to your letter numbered 9044 and dated September 16, 1946, and in continuation of our letter
numbered 1022 and dated 22 / 9 / 946
We inform you that the engagement took place between Juliet Yusuf Sofer
and Ibrahim Ezra Shalom Sofer without the presence of the contract registrar, then the contract was registered
on February 26, 1945, corresponding to 12 / 2 / 945, and after a period of time
had passed, the aforementioned fiancé entered into another engagement with the girl
named Bertha Ezra Yaqub Hay on March 17, 1946
corresponding to 18 / 3 / 946, without the Rabbi who performed
that being aware of the first engagement.
The current custom and tradition prevent the fiancé from performing a second engagement without
the consent of the first fiancée or by permission from the Religious Court.
Accordingly, this court has previously issued a ruling requiring
the aforementioned fiancé to pay (700) seven hundred Dinars as compensation
to his first fiancée if he wishes to divorce her and marry his second fiancée -
The President
⟦illegible signature⟧
Hezekiah Shmuel
Rabbi of Baghdad
Page 696
18 September 946
The Honorable Ministry of Justice
Baghdad
Bureau of Legal Codification
Reference to your letter numbered 4 / 528 / 946 and dated 8 / 9 / 946
We attach herewith the two Sharia files belonging to Ibrahim Ezra
Soneir and his fiancée Juliet Yusuf Sofair; the first belongs to the Religious Court No. 45 / A /
706 containing 46 papers, and the second belongs to the Sharia Court of Cassation No. 442
containing ( 18 ) papers, based on your request.
Please kindly return them to us after you are finished with them.
Head of the Community
Page 697
The Jewish Religious Court
in Baghdad
The Religious Court
Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
Number :: 1022
Date :: 22 / 9 / 46
File Number:
His Eminence Rabbi Sassoon Khedhouri, Respectfully
President of the Jewish Community in Baghdad
Reference to your letter numbered 9042 and dated 20 / 8 / 946
We are unable at the present time to respond to your letter
mentioned above because the specific lawsuit file
regarding Juliet Yusuf Hayyim and her fiancé is currently with the Ministry
of Justice.
The President
⟦illegible signature⟧
Page 698
55 / 2
Baghdad Provincial Police Directorate
Investigations
Number ⟦...⟧
Date 12 / 9 / 946
His Excellency, the Head of the Jewish Community in Baghdad
Subject / Inquiry
Juliet daughter of Yusuf Hayyim, residing in the Taura neighborhood, has submitted a petition to the North Rusafa
Investigating Judge claiming that the person named Ibrahim Sofer had proposed to her five years ago
and registered her engagement contract in the Spiritual Council of the community in Baghdad. After that, the aforementioned person
visited the Spiritual Council again, canceled the engagement to the aforementioned woman, and entered into a second engagement
with the girl Eliza daughter of Ezra. Therefore,
please inform us of the degree of truth in the claim of the aforementioned petitioner Juliet and whether this is permissible in Mosaic Law
or not.
Director of Baghdad Provincial Police
A copy to
Assistant Police Chief of Al-Sarai for information, referring to his marginal note No. 15918 on 8 / 9 / 946
Page 699
25 September 946
Baghdad District Police Directorate
Reference to your letter No. 19573 dated 16 / 9 / 946
The Israeli Religious Court in Baghdad has replied to us regarding your letter referred to
above as follows :-
"We are unable at the present time to respond to your aforementioned letter because
the lawsuit file concerning Juliet Yusuf Huwaym and her fiancé is currently
with the Ministry of Justice"
Head of the Community