Correspondence Regarding Legal (Marriage and Divorce) Proceedings between the Ministry of Justice and the Jewish Religious Courts
View interactive document pageThese documents include several construction contracts and accounting information for the Baghdadi Jewish Community. Also included are letters of correspondence between the Iraqi Ministry of Justice and the Jewish Religious Courts regarding legal issues, often involve marriage and divorce proceedings and jurisdiction issues. Most documents originating from the Jewish Courts are handwritten in Judeo-Arabic.
Form No. B 12 Form No. F. 12. Daily List of Cases Daily List of Cases, Court ⟦line⟧ Serial Number | Date of Summons | Plaintiff's Name and Surname | Defendant's Name and Surname | Type of Case | Trial Time (Hour / Minute) | Remarks National — 20000 — 11 | 11 | 25
A / 19 / 1 February 16, 1926 To the Honorable Chief Rabbi in Baghdad After greetings. It has been decided to establish a special register in this Ministry that includes the names of the individuals who constitute the Spiritual Councils belonging to your community. Therefore, we request that you provide us as soon as possible with the names of the president and members of each of these Spiritual Councils in Baghdad, Basra, and Mosul, and the method of their appointment and replacement by you from time to time, and the procedures followed by the aforementioned councils at the present time in settling the lawsuits brought before them, and the types of matters that fall within their jurisdiction for consideration and settlement. Respectfully. ⟦illegible signature⟧ Minister of Justice
369/59 On May 15, 1927 To His Excellency the Respected Minister of Justice Greetings and respect: It has come to my attention that your esteemed ministry has issued an order requiring the removal of lawsuits related to personal matters for non-Muslims from the custody of the non-Muslim judge and entrusting them to a Muslim judge to look into them from now on, a matter which has come as a painful blow to your Excellency, for the special ruling branched out into a right that was granted since ancient times to the sects of non-Muslims, and that is under logical compelling reasons that the hand of justice and fairness has followed on reasonable legal foundations. There is no doubt that preventing non-Muslim judges from establishing the consideration of personal lawsuits related to Christians and Israelites is something that affects the reputation of the judges themselves and the status of the personal judiciary at the same time, as well as the fact that the non-Muslim judge is more aware of the path leading to the comprehensive consideration of such cases in terms of the breadth of knowledge of non-Muslim sectarian customs and ensuring justice, and this is a fundamental and delicate point that is not hidden from the wisdom and justice of your Excellency. With this request and firm hope, I beg for the issuance of your high order to preserve this right granted to the Christian and Israelite sects as it was before. To your Excellency, the highest exaltation and respect; Acting Chief Rabbi of Baghdad
With the Help of God The Chief Rabbinate Baghdad The Chief Rabbi of the Jewish Community Baghdad ⟦line⟧ Telegraphic Address : RABBINATE - BAGHDAD Telephone No. 200 Central The Chief Rabbi of the Jewish Community in Baghdad Telegraphic Address: Hakhamkhana Baghdad Telephone Number: 200 Central Baghdad, on: July 11, 1923 No.: 365 / A To His Excellency the Distinguished Minister of Justice Highest greetings and respects. Furthermore, our Jewish community continues to speak of the grace of the government of His Majesty our Great King for granting it complete equality among the elements, the effect of which is supported by inviting those who are competent from any element to participate in the services of the nation and the homeland. Accordingly, a position of judge has been allocated to date for one of the Jewish jurists in the capital's Courts of First Instance and Appeal. However, today the aforementioned Court of First Instance is devoid of its Jewish judge who had held a position there since the formation of the courts in the Baghdad Vilayet. Therefore, I draw the attention of Your Excellency to remove this deprivation in observance of the sublime principle and in care of what suits the social and civil status of our community in the center of the capital. Please accept our abundant thanks and great respect; Acting Chief Rabbi of Baghdad The Rabbinate of the Jewish Community Baghdad ⟦illegible⟧
2269 March 8, 1933 To - Ministry of Justice We place below a sample of the seal of this Presidency for your records, Sasson Kadoorie Head of the Jewish Community - Baghdad Sasson Kadoorie President of the Israelite Community in Baghdad SASSON KADOORIE BAGHDAD 1933 PRESIDENT OF THE JEWISH COMMUNITY Sasson President of the Community The Current Seal Head of the Jewish Community - Baghdad The President of the Jewish Community Baghdad 1932 President of the Israelite Community in Baghdad Copy of the Previous Seal 4
2949 5 Jumada al-Thani 353 and 14 September 934 Bureau of Legal Codification 1 Rajab 1353 His Excellency the Respected Minister of Justice 7 November 1934 I request Your Excellency to kindly sign the attached certificate which states the status of the Jewish Community in Iraq ⟦...⟧ Head of the Community With reference to ⟦...⟧ your number 2949 dated 14 September 1934. We return to you herewith this certificate sent with your letter Your letter numbered ⟦...⟧ ⟦illegible circular stamp⟧ Minister of Justice 98
Iraqi Government Ministry of Justice Please refer to General Number Section: Legal Codification Bureau General Number: 11/2712 Special Number: Telegraphic Address: Justice: Date: 1 Rajab 1353 Corresponding to: 8 / 7 November 1934 Subject Summary: Presidency of the Jewish Community With reference to your letter numbered 2949 and dated 14 / September 1934. We return to you herewith the certificate sent with your aforementioned letter, duly certified. ⟦signature⟧ For/ Minister of Justice
2096 27 Shawwal 353 and 1 / 2 / 935 His Excellency the Honorable Minister of Justice Greetings and respect, It is not hidden from Your Excellency that in order to safeguard the rights of wives from the abuse of husbands and to prevent polygamy without a reasonable cause, and to preserve the sanctity of lineages from contracting marriages with women prohibited by Sharia, the supervision of clergy over marriage contracts has been accepted. The Israeli Religious Court, for example, does not permit a husband to contract a marriage with a second woman without one of the many legal reasons such as infertility, recalcitrance, and others, or the consent of the wife. Likewise, it does not permit under any circumstances the occurrence of a marriage with a person prohibited to the man. However, it has happened in recent days that several individuals contracted their marriages through contracts organized or certified by Notaries Public. It is no secret that allowing the expansion of such transactions, as it may lead to the occurrence of prohibited marriages, generally leads to the betrayal of wives' rights and a disruption in marital relations without necessity. Accordingly, I request Your Excellency to issue instructions to the Notaries Public that they are not authorized to organize or certify contracts originally entrusted to the religious courts such as these, unless they verify with the aforementioned courts the absence of any impediment to their contract - and to Your Excellency all respect. Sassoon Head of the Community
The Iraqi Government Ministry of Justice Baghdad Legal Codification Bureau Number - A / 1 / 11 Date - 8 / Muharram 1354 11 / April 1935 Circular To " all courts and notaries public This Ministry draws the attention of all notaries public to the necessity of inquiring from the religious court about the legal impediments that prevent the marriage contract (due to the woman being prohibited or under the marriage of someone else) when they are requested to certify any marriage contract documents. If the existence of one of the legal or religious impediments is verified, they must refrain from certification. ⟦signature⟧ Minister of Justice A copy of it to " ⟦line⟧ ⟦signature⟧ Minister of Justice A copy of it to "- The Presidency of the Jewish Community in Baghdad - with reference to its letter Numbered 3096 and dated 1 / 2 / 1935. 2618 9 / 2 / 35 For registration and filing Two copies of it shall be made for the Presidency of the Rabbinate and the Presidency of the Religious Court ⟦signature⟧ 22 / 2 / 35 1 / Sh
2285 26 May 935 4/2/⟦illegible⟧ His Eminence the President of the Israeli Sharia Court of Cassation, Respected "The Israeli Religious Court" After greetings, You will find enclosed a copy of the circular numbered 91 / 1 / 11 dated 8 Muharram 354 and 11 April 935 issued by the Honorable Ministry of Justice to all courts and notaries public, in which it warned against certifying the marriage contracts of Israelis before inquiring from the Religious Court about the legal impediments that prevent the marriage contract. On behalf of The Head of the Community
2249 4 Rabi' al-Awwal 354 and 5 June 935 The Honorable Ministry of Justice Baghdad After greetings and respect, Our community has a significant number of endowed properties that have not yet been registered in the Land Registry Department. We have strived to complete their registration and formed a special committee to study the documents and records we have regarding them and to take the necessary measures to complete the registration of all these properties in the Land Registry Department. However, we were unable to complete this within the period stipulated in Law No. 54 of 1932 due to the difficulties and problems we encountered while carrying out this work. Since the period stipulated in the law under discussion for completing registration is about to expire, we hope that your honorable ministry will kindly issue its orders to extend the period for a year or two more so that we can, during that time, complete the registration of these properties in the Land Registry Department; otherwise, we may be forced to leave them unregistered given the large sums usually required for their registration as Land Registry fees, the tightness of the community's treasury, and our inability to obtain the required loans. With highest respect to Your Excellency, Sassoon Head of the Community
Iraqi Government Ministry of Justice Urgent Please refer to the general number: Legal Codification Bureau Division: T. J. Number: 44/29 Private Number: Subject Summary: Combining civil marriage with religious marriage and the validity of the contract according to Sharia. Telegraphic Address: Justice: Date: 2 / October / 1935 2 / Rajab / 1354 Presidency of the Jewish Community Baghdad The spiritual bodies in Paris are not authorized to conduct a religious marriage contract before the civil marriage contract, and the local authorities there do not register civil marriage contracts except for their subjects. Accordingly, one of the Iraqi subjects residing in Paris, named Salim Daoud Murad, applied to the Royal Iraqi Legation there requesting to marry Miss Mathilde daughter of Eliyahu Yaqub Al-Bass. Therefore, we suggest that the marriage contract be registered first with the Iraqi Consul in Paris in his capacity as a notary public, and after that, the contract is to be confirmed by the rabbis there after performing the religious ceremonies. Therefore, we hope that you will inform us: 1- If the marriage contract is conducted according to the method shown above, does the mentioned contract become valid in view of the Jewish religious provisions. 2- Does registering the contract at the consulate first invalidate the contract according to Sharia. ⟦signature⟧ Acting Minister of Justice A copy of it to: - Ministry of Foreign Affairs - with reference to its letter numbered 8326 and dated 23 / 9 / 1935. Presidency of the Jewish Community 4252 25 / 10 / ⟦illegible⟧ A. Sh.
2401 3 October 935 Ministry of Justice Reference to your letter No. H 42/29 dated 2 October 935 and 4 Rajab 354 1- If the marriage contract was conducted in the manner described in your letter, i.e., by recording the contract with the Rabbis there, then the legal (Sharia) contract is valid. 2- Therefore, registering the contract at the Consulate first does not invalidate the contract legally; Alwan Head of the Community ⟦illegible stamp⟧
Iraqi Government Ministry of Justice Please refer to the general number Division: Legal Codification Bureau Number ⟦...⟧: 1/16/1/19 Private Number: Telegraphic Address: Adliya Date: 6 / October / 1935 ⟦...⟧: 9 / Rajab / 1354 Subject Summary: Sectarian formations in Amarah. Presidency of the Jewish Community Baghdad With reference to your letter numbered 3388 and dated 25 / 9 / 1935. The Basra region, in view of the Annex to the Jewish Community Regulation of 1932, includes the Governorates of Basra, Amarah, and Muntafiq, and the Chief Rabbi there has the right of supervision over the spiritual matters of that region, and the Lay Council has supervision over the management of properties, the management of schools, and charitable institutions. These may conduct those matters directly or through a committee or committees appointed by them, as stated in Articles (7) and (9) of Law No. 77 of 1931 and Articles 21 and 29 of the Jewish Community Regulation of 1931. Therefore, the Jewish community in Amarah should consult the Presidency of the Community in Basra to mediate the election of the necessary committees in Amarah to manage spiritual and administrative matters. ⟦signature⟧ Acting Minister of Justice Presidency of the Jewish Community Baghdad Private Number 4675 Date 27 / 7 / ⟦...⟧ Noted
4-24 <del>3454</del> October 12, 1935 Ministry of Education The Honorable and Distinguished Aboudi Effendi Salman Twayq In the name of "Yousef Cohen" After greetings and respect Further to our letter No. 3364 dated 9/26/1935 We attach herewith a copy of the Ministry of Justice letter No. A/19/1/19 dated October 6, 1935 and 9 Rajab 1354 regarding the sectarian formations in Amarah for your information ⟦line⟧ and please accept our respects ⟦signature⟧ Head of the Community ⟦illegible stamp⟧
2422 3 November 1935 ⟦Certificate of the existence of the Israelite Community⟧ Ministry of Justice ⟦...⟧ I kindly request you to sign the certificate of the existence of the Israelite Community attached to this letter ⟦I want ⟦...⟧ the Tabu transaction papers related to the house numbered ⟦...⟧⟧ ⟦Eight papers to be attached to the aforementioned certificate and signed by His Excellency the Minister⟧ ⟦...⟧ Head of the Community ⟦...⟧
Certificate of the Status of the Israelite Community 2421 10 November 1935 ⟦illegible⟧ Ministry of Justice Further to our letter No. 3423 dated 3 November 1935 ⟦illegible⟧ I attach herewith the Tabu transaction papers pertaining to the house numbered 90 - 137, totaling eight papers, which we attach to the certificate required to be certified by His Excellency the Minister; ⟦illegible⟧ Head of the Community
The Righteous Court of the Holy Community Baghdad, may God protect it The Israeli Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD ⟦line⟧ No.: Year: 1950 Date: 14 Adar 5710 Before us Appeared Mrs. Hannah daughter of Salman Kadouri f. Sassoon Representing Abraham f. Abraham f. Salman f. Kadouri On behalf of f. Hannah f. Nahum Ezra And she acknowledged that she received from her aforementioned husband Kadouri a sum of one hundred and eighty Iraqi Dinars on account of her maintenance and the maintenance of her sons and daughter and rent for this year, and she has no claim or demand against him from now until the end of Adar the year 5711, and upon this she has signed Signature of Hannah Sig. Ezra
2260 10 September 935 Directorate of the Royal Hospital Baghdad Based on the decision of the Israeli Religious Court in Baghdad, please conduct a medical examination on the identity holder below, Lulu bint Khedhouri, and inform us whether she suffers from a nervous disease or shows symptoms of insanity, and if so, what is the past duration of her condition, and is her disease contagious to her husband and children if she becomes pregnant? On behalf of The Head of the Community V
Medical Examination Committee Royal Hospital Baghdad Date 12 / 6 / 1354 AH 11 / 9 / 1935 AD M-Sari Number 2421 10 / 9 / 1935 The Medical Examination Committee at the Royal Hospital in Baghdad convened on Tuesday President:- Chief Specialist Surgeon in Iraq Members:- Ophthalmologist at the Royal Hospital Baghdad Doctor at the Baghdad Hospital To the Presidency of the Jewish Community - Baghdad. Reference to your letter numbered 3360 and dated 10 September / 1935 The medical committee examined Mazli daughter of Khedhouri and found her to be of sound body, strong constitution, and free from diseases. Noel Braham President Chief Specialist Surgeon in Iraq ⟦illegible signature⟧ Member Doctor at the Royal Hospital Baghdad ⟦illegible signature⟧ Member Ophthalmologist at the Royal Hospital Baghdad B. M. Government Press 222 - 4 - 34
2271 16 September 935 His Eminence, the President of the Honorable Jewish Religious Court Reference to your letter No. ⟦---⟧ dated 12 September 935 We enclose herewith a copy of the medical report received from the Royal Hospital regarding the examination of Mazli daughter of Khadouri; On behalf of ⟦Khadouri⟧ Head of the Community ⟦line⟧ Medical Examination Committee: Number: 3421 Date: 12 / 6 / 1354 and 11 / 9 / 935 To the Presidency of the Jewish Community - Baghdad Reference to your letter numbered 3360 and dated 10 September 1935 The medical committee examined Mazli daughter of Khadouri and found her to be of sound body, strong build, and free from diseases - Signatures of the Committee
2428 4 November 1935 7 Ministry of Justice Reference to your letter No. A/35/366 dated 25 Rajab 1354 and 22 October 1935 Based on the clarifications of the Religious Court, it appears from reviewing the minutes of the session held on 10 September 95 that the request for the wife to be examined by the medical examination board was made by the husband Ezra Shaul However, the wife's attorney countered this request by stating that there is no evidence in his power of attorney that requires sending her for examination by a medical board. Since the husband had established, through the certificate he obtained from Dr. Jack Abboudi, in which the aforementioned doctor suspects that the wife is suffering from a nervous disease, the court decided to send her for examination by the aforementioned doctor as a preliminary step to sending her to the medical examination board if this suspicion is confirmed by an official report to the court. However, the wife's attorney approached the court the following day, corresponding to 11 September ⟦year⟧ 5695 and expressed his withdrawal of his previous objection and that his client is ready to present herself for examination by the medical board directly. Since this was the husband's own request, the court saw no objection to sending the wife for examination by the official committee without the need for the husband's presence. As for the matter of the presence of two persons during the examination, the court decided that regarding Dr. Jack Abboudi, so that the examination would be conducted in the presence of three to increase the verification of the husband's claim. As for the medical examination committee, there was no longer a need to send the two mentioned persons as long as its members are originally three. Regarding the court's verification that the woman who underwent the examination is Mazli, the subject of discussion, this presidency follows the method of attaching the photograph of the person to be examined to the same letter submitted to the Royal Hospital Directorate and stamping it with the department's seal, which is a safe and acceptable method. From reviewing our letter dated 10 September 35 to the Royal Hospital, you will find in the second line of it the phrase (the owner of the identity below, Mazli daughter of Khedhouri). Therefore, there is no doubt that the woman who was examined by the board is the same Mazli daughter of Khedhouri. ⟦signature⟧ Head of the Community
5621 on April 24, year 934 Work sectors in ⟦...⟧ 5621 on April 24, year 934 No. 56 in Letter 326/56 Papers and contracts, perhaps it was said if 52 and for this 10 mistress has included them as a division by hand and itself, its effectiveness Zaid and by hand, so these are among what was included in the origin of Yua Rabbah on with his actions his hands and here a mistress has occurred on perhaps it became our origin his heart mistress Zaid is this his upbringing with by his own hand, so it is followed by Mistress Rabbah, a hand is this among what is acknowledged by our tongue that it was in the fortress of profit in hands and because of it they said regarding Rabisha on and about not being sold. So these meters are a mistress in her fortress, perhaps it was not sectors regarding every Mia, perhaps by hand, of what the hand has in it is his upbringing, and perhaps with it most, perhaps the matter of Zaid is that some of them to some of them in the houses Mia, perhaps by hand, of what returned to her fortress for her money, the soil included a hundred, and some of them acknowledge included perhaps Zaid in acknowledges and for this 17 that he says if he does not hand perhaps it became our origin his heart perhaps 5325 for the derivative and for this 11 perhaps actions and consequently and this mistress has included them and like it is this perhaps even though his hands relative to her fortress for its middle and our origin what was included in it his upbringing, so it follows from that its sectors are occupied Zaid on the hand of Zaid relative to that for his money a mistress included it and no description and here in your hand with it that it is of those not sold for the question is this their heart and here some of it perhaps and here Zaid is other than its partner, its partner mistress Zaid our origin perhaps is this and this is my money present for the hand of so-and-so soil included that I have her fortress to it so-and-so is believed by his placement he said it to included it mistress to and here so-and-so under his hand his upbringing our origin mistress saying saying in a fortress her fortress perhaps and perhaps with it most mistress 17 mistress saying to him in nonsense what is from it and rather he has in his hands in what Zaid her fortress head no and here Zaid mistress his upbringing became our origin its partner perhaps his upbringing and in her fortress for his leg his face perhaps he said them that Zaid included them my money present for the hand to its partner by hand description his upbringing her fortress with money her fortress with a description drawing Zaid and a mistress have nonsense from it that it does not include Zaid. What occurs from this saying placed a restriction of what changes to push back and like it perhaps included it has his hand perhaps it may be said the heart of these and consequently smooth mistress in proof and like it Rabsha in it perhaps 52 and for this 10 in Mia for soil its effectiveness for a description of his face perhaps he said them that mistress third Zaid we chant with what they both witnessed (Zaid has witnessed and mistress thus has perhaps received it) Zaid has witnessed and mistress description mistress he said them for the hand of Zaid Sh ⟦...⟧ So Al-Rabi' said
⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ 242 29 October 1935 The case of Ezra Shaul Bulbul and his wife Luly Khadouri His Eminence the President of the Jewish Religious Court in Baghdad, respected We attach herewith a copy of the Ministry of Justice letter No. A/35/366 dated 22 October 935 and a copy of a letter written in English signed by the Chairman of the Medical Examination Committee No. 3920 dated 16 October 935 with the case file containing 24 papers. Please inform us of its arrival and our answers to the questions posed in the letter of the Ministry of Justice; ⟦signature⟧ Head of the Community ⟦stamp⟧
Ministry of Justice Reference No. A/35/366 Date: 25 Rajab 1354 22 October 1935 Subject Summary: The case of Ezra Shaul Bulbul and his wife Mazli bint Khedhouri ⟦line⟧ Presidency of the Jewish Community in Baghdad With reference to your letter No. 3389 dated 25 September 1935 Upon auditing the file sent with your aforementioned letter, it was found that the Religious Court decided in its session held on 10 September 935, in the presence of both parties, to send Mazli bint Khedhouri, the wife of the defendant Ezra Shaul Bulbul, to Dr. Jack Aboudi Shabi for examination in the presence of two persons appointed by it. On the second day, following the departure of the defendant, the court reversed its previous decision and decided to send the aforementioned wife to the Royal Hospital. Upon reviewing your letter dated 10 September 935 addressed to the Directorate of the Royal Hospital in Baghdad, by which the wife was sent for examination, it was found that your letter contradicts the court's decision, as it did not mention that the examination must be in the presence of two persons appointed by the Religious Court as stated in its decision. Furthermore, the examination actually took place without their presence. Therefore, please inform us: 1) Is there a justification for the court to reverse its decision, especially conducting the inspection after the departure of the second party, and what are the reasons? 2) Can a decision be given in the absence of one of the parties without a legal reason? 3) Assuming the validity of what was stated in the two previous paragraphs, can the court accept and consider the examination that took place contrary to its decision, and how was it confirmed that the woman who was examined is the Mazli under discussion? We are returning the case file to you and request that you inform us regarding the points mentioned above. Acting Minister of Justice True copy 29 / 10 / 35 ⟦signature⟧ Secretary ⟦illegible⟧