Voices from the Archive

IJA 3310

Correspondence Regarding Legal (Marriage and Divorce) Proceedings between the Ministry of Justice and the Jewish Religious Courts

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Description

These 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.

Metadata

Archive Reference
IJA 3310
Item Number
15751
Date
Approx. January 1, 1921 to December 31, 1930
Languages
Multiple Languages
Keywords
Judeo-Arabic, Jewish Religious Court, Ministry of Justice, Ministry of Foreign Affairs, Court of Appeals - Baghdad, Charity, Contract, Typed, Accounting, Baghdadi Jewish Community, Ministry of the Interior, Legal, Spiritual Council, Administrative Committee for Iraqi Jews, Ink Stamps, Palestine, Divorce, Chief Rabbi, President of the Jewish Community, Syria, Correspondence, The Royal Hospital, Annotation, Handwritten, Revenue Stamps

AI English Translation, Pages 351-375

Archival unit 351

Iraqi Government
Ministry of Justice
Baghdad
Issues Division
Number / H 4/36
Date 25 Muharram / 1357
27 March / 1938
Circular
To :-
His Beatitude the Patriarch of the Chaldean Catholics in Baghdad
His Eminence the Bishop of the Syrian Catholics
His Eminence the Head of the Jewish Community
The High Priest of the Latins in Baghdad
His Beatitude the Head of the Armenian Catholic Community
" " " Armenian Orthodox
All Sharia Courts in the Baghdad Liwa
We refer to the provisions of Article Ten of the Civil Status Registration Law No. 54 of 1927
which required religious and civil authorities to inform the competent civil status authorities
about incidents of marriage, divorce, and separation, and we request your continued compliance
in implementation of the provisions of the law.
⟦illegible signature⟧
Minister of Justice
A copy of it to :-
Baghdad Liwa Governorate - referring to its letter numbered T / 5312
and dated 22 / 3 / 1938.
S M
27
Presidency of the Jewish Community
Baghdad
Special Number 2412
Date 28 / 3 / 938

Archival unit 352

Iraqi Government
Ministry of <del>Justice</del>
Baghdad
Correspondence Department
Number J / 36 / 4
Date 27 March 938
Circular
To -
His Beatitude the Patriarch of the Chaldean Catholics in Baghdad
His Excellency the Bishop of the Syrian Catholics
His Eminence the Head of the Jewish Community
The Chief Priest of the Latins in Baghdad
His Beatitude the Head of the Armenian Catholic Community
His Beatitude the Head of the Armenian Orthodox
All Sharia Courts in the Baghdad Province
We refer to the provisions of Article 10 of the Civil Status Registration Law No. 54 of 1927
which required religious and civil authorities to inform the competent civil status authorities
about incidents of marriage, divorce, and separation, and we request to continue doing so in implementation of the provisions
of the law.
Minister of Justice
A copy of it to -
The Governorate of Baghdad Province - in reference to its letter numbered T / 5312
and dated 15 / 3 / 938
True copy
⟦illegible⟧
21 / 4 / 938

Archival unit 353

4878
⟦illegible⟧
4 April 938
His Eminence, the President of the Spiritual Council, Respected
Enclosed you will find a copy of the Ministry of Justice circular No. J/4/36 dated 27 March
938, and please provide us at the end of each month with a table of marriage and divorce events
so that we may provide the necessary notification to the competent authorities.
On behalf of
The Head of the Community
Copy to His Eminence, the President of the Israelite Religious Court in Baghdad
" " The Registrar of Marriage Contracts to provide the necessary information to His Eminence, the President of
the Spiritual Council

Archival unit 354

Iraqi Government
Ministry of Foreign Affairs
Directorate of Consular Affairs
Number Q: 3344/3344/100
Baghdad on: February 20, 1938
Ministry of Interior
Ministry of Justice
The Consul of Austria in Damascus requested to be provided with the conditions and date of marriage
of Mr. Walter Comberg to Miss Herta Schweder (it is suspected that the contract
was completed before August 17, 1937) as well as an uncertified copy of the marriage
contract with the names of the witnesses, and to inform him whether the aforementioned lady
converted to the Jewish religion. We kindly request you to provide us with a copy of
the mentioned contract (if found) and other information to fulfill the request of
the aforementioned Consul.
⟦signature⟧
For the Minister of Foreign Affairs
21/6

Archival unit 355

The Iraqi Government
Ministry of Justice
Urgent
Please refer to the general number:
Section: Correspondence
General Number: J 42 / 44
Telegraphic Address: Adliya
Date: 10 Rabi' al-Awwal / 1357
Date: 11 May / 1938
Subject Summary: Witnesses of Miss Herta Schweder
Presidency of the Jewish Community in Baghdad
We are sending you herewith a copy of the Ministry of Foreign Affairs' letter No. Q 3344 /
100 / 3344 dated February 22, 938 regarding whether Miss
Herta Schweder converted to the Jewish religion and providing us with all the required clarifications
therein.
⟦signature⟧
On behalf of the Minister of Justice
Presidency of the Jewish Community
Baghdad
Private Number 244
Date 11 / 5 / 938
The copy is not attached and I have contacted Mr. Sasson Hemi at the Ministry of Justice
and he promised to send it to us
⟦signature⟧
11 / 5
A. S.
10

Archival unit 356

To the Presidency of the Jewish Community in Baghdad
Attached herewith is our letter No. 298 / 42
Dated 10 / 15 / 58
⟦Presidency of the Jewish Community⟧
⟦Incoming No.⟧ ⟦...⟧
⟦Date⟧ ⟦...⟧
⟦illegible text⟧

Archival unit 357

4917
16 May 938
19
Urgent
His Eminence, the President of the Honorable Israeli Religious Court
We transmit to you below the letter of the Ministry of Foreign Affairs No. Q 100/334/3344
dated 22 February 938 regarding whether Miss Herta Schweder converted to the Jewish religion
and providing us with all the clarifications requested therein as quickly as possible.
⟦illegible signature⟧
Head of the Community
at
Ministry of Foreign Affairs
Number Q 100/334/3344
Date 22 February 938
Ministry of Interior
Ministry of Justice
The Consul of Austria in Damascus requested to be provided with the conditions and date of marriage of Mr. Walter
Komberg to Miss Herta Schweder (it is thought that the contract was concluded before 17 August 937)
as well as an uncertified copy of the marriage contract with the names of the witnesses and informing him whether
the aforementioned lady converted to the Jewish religion. We request you to kindly provide us with a copy of
the aforementioned contract (if it exists) and other information to fulfill the request of the
aforementioned Consul.
For the Minister of Foreign Affairs
True Copy

Archival unit 358

The Court of Justice in the Holy City of
Baghdad, may God protect it
The Israelite Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
No.:
Year: 569
Date: 21 Adar 88
We testify that Mr. ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
who is from ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
1928 ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧ ⟦...⟧
Ezra ⟦...⟧
Hazaq ⟦...⟧
⟦illegible⟧
2455
27 / 5 / 928
40

Archival unit 359

R M R N
863 B L 7
R M
In the Name of His Majesty
Court of Cassation - General Civil Panel
100/3366/3367 We, the undersigned judges, have decided to conduct an audit
of the judgment issued by the Personal Status Court of Cassation No. 863 B L 76 on 4/7/77
which ruled to uphold the judgment issued by the Personal Status Court in Karrada Al-Sharqiya
regarding
Court Registrar
100/3366/3367 on 4/7/77
863 B L 76 on 4/7/77
Personal Status Cassation
Personal Status Panel
Court of Cassation of Iraq
Based on the cassation request submitted by the attorney for the appellant, Lawyer Raha Bank
(763 B 76 dated 4/7/77) which includes a request to correct the cassation decision
issued in the case numbered above, and accordingly, the case was placed under audit
by us, the undersigned judges, and after reviewing the documents related to the case, it appeared to us
In the name of His Majesty the King, that the aforementioned cassation decision is (legally correct)
And it has been decided
Personal Status Cassation
Chief Justice

Archival unit 360

Certificate
8402/10
June 7, 1937
(Image)
Based on the certificate numbered 11 and dated 16 Sivan, year 5697 (Hebrew)
Issued by the Jewish Religious Court in Baghdad, we certify that Mrs.
Herta Schroeder, of the Christian faith, appeared before the aforementioned Religious Court while
pregnant by her Jewish husband named (Walter Combridge) and requested to join the
Jewish religion.
Accordingly, the necessary ceremonies were performed for her, and she became Jewish and was named (Hanna)
on the sixteenth day of the month of Sivan, year 5697 (Hebrew), corresponding to the
twenty-sixth day of the month of May, year 1937 (AD).
Baghdad, on the twenty-eighth day of the month of Sivan, year 5697 (Hebrew),
corresponding to the seventh day of the month of June, year 1937 (AD).
Head of the Jewish Community
in Baghdad
True copy
25 May 937

Archival unit 361

4824
44/292
25 May 938
To
Ministry of Justice
Baghdad
Reference to your letter No. J / 42 / 29 dated 11 May 938
The marriage of Mr. Walter Comberg to Miss Herta Schroeder took place in Baghdad
on June 10, 937, and the witnesses were Mr. Shimon Shalloul, Rabbi
Moshe Rabbi Shimon, and Mr. Shalim Salim Rabbi Eliyahu Ibrahim. Also, the
aforementioned lady has converted to the Mosaic religion and changed her name to (Hannah). You will find
enclosed a copy of the certificate of conversion for your information.
On behalf of
Head of the Community
⟦illegible stamp⟧

Archival unit 362

The Iraqi Government
Ministry of Justice
| Please refer to the general number |
Section: Correspondence
General Number: J 42/29
Telegraphic Address: Adliya
Date: 20 Rabi' al-Awwal / 1357
20 May / 1938
Subject Summary: Marriage of Mr. Walter Gomperz
Presidency of the Jewish Community
Baghdad
With reference to your letter numbered 4923 and dated 26/5/38
We request that you provide us with the marriage conditions of Walter Gomperz to Miss Herta
Schuyd and a copy of the marriage contract, as requested in the Ministry of Foreign Affairs letter
Numbered Q 3344/3344 / 100 and dated 22 February 93, a copy of which
was sent to you enclosed with this Ministry's letter numbered J 42/29 and dated 22/5/38
H
⟦signature⟧
Minister of Justice
Presidency of the Jewish Community: Baghdad
Private Number: 7467
Date: 21 / 5 / 38
A. S.
28

Archival unit 363

Copy of the marriage contract of Mr. Walter Gomperz to Miss Herta Schroeder
Book Register 3
Number 129
⟦24/12/2⟧
On the fifth of the week, coinciding with the first day of the month of Tammuz 695 (A), there was married
Mr. Walter son of Otto Gomperz to the woman who converted to the Mosaic religion, Hannah daughter of
Abraham Avinu;
Fils | Dinar |
" | 74 | Advanced and deferred
" | 1 | Increase
" | 75 | Total seventy-five Dinars
Witness				Witness
Shimon Shaul Hakham Moshe		Shlomo Salem Hakham Eliyahu
Hakham Shimon
True copy
8 / 6 / 935
⟦illegible stamp⟧

Archival unit 364

4952
8 June 938
12
Ministry of Justice
Reference to your letter numbered C 42/29 and dated 30 May 938
We attach herewith an uncertified copy of the marriage contract of Mr. Walter Comberg to Miss
Herta Schroeder containing the marriage conditions.
⟦illegible⟧
On behalf of
Head of the Community

Archival unit 365

Rabbi Sassoon Khedouri
Head of the Jewish Community in Baghdad
Telephone Number 531
Number: 22
Date: 20 April 1938
Subject Summary:
⟦Ministry of Justice⟧
⟦Bureau of ...⟧
The Honorable Ministry of Justice
Following up on our letter dated 18 April 1938
We submit to your honorable ministry a copy of the petition submitted by the lawyer ⟦Sayyid Khalil⟧ Murad, the agent
on behalf of Daoud Youssef Moshi, requesting that it be attached to our aforementioned letter and its attachments as a supplement
to it for the purpose of review by the Legal Codification Department as stated in our aforementioned letter.
With highest respect to your Excellency.
⟦illegible signature⟧
Head of the Community
⟦For filing⟧

Archival unit 366

His Excellency the Respected Minister of Justice
Presidency of the Israeli Sharia Court in Hillah and Diwaniyah
A person named Daoud Youssef <del>Hikmat</del> has applied, requesting a judgment to prove the marriage of Zuleikha bint Youssef
Daoud to the deceased Youssef Moussa Mir Khan, whose marriage contract took place in Hamadan as he claimed,
and who had sent a <del>letter</del> of divorce from Baghdad in the year 5665 Hebrew, corresponding to
1894 AD, by the aforementioned deceased who was residing in Baghdad as shown
continuously and died two years ago in Baghdad. This lawsuit was filed against the <del>heirs</del> heirs of Youssef Moussa
aforementioned, one of his heirs from his wife whose marriage was contracted in Baghdad. During the
proceedings, the defendant, the heirs of the aforementioned, objected to the court's jurisdiction to hear
this case in the religious court, protesting according to the due process and legal methodology followed in the courts, and submitted
a copy of a memorandum with a copy of the contested response by the plaintiff's attorney.
Since the points mentioned in the claim and the defense are legal matters, please
refer them to the recorded authority for auditing and to state whether hearing this
case is within the jurisdiction of the Israeli Religious Court in Baghdad or not. This is for your command and appreciation.
⟦illegible stamp⟧

Archival unit 367

The Court of Justice of the Holy Community
Baghdad, may God protect it
The Israelite Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
⟦line⟧
No.:
Year: 569
Date: 5 ⟦...⟧ 9
We testify that ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧
Has ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧
Presidency of the Israelite Community
Baghdad
Special Number 2419
Date 7 / 4 / 9

Archival unit 368

(B) 4842
8 April 938
For registration and filing
His Excellency the Minister of Justice, the Respected
A person named Daoud Youssef Moshe has approached the Israeli Religious Court in Baghdad
requesting a judgment to prove the marriage of Zuleikha, daughter of Youssef Daoud, to the deceased Youssef
Moshe Maryam Khan, whose marriage contract took place in Hamadan according to the claim, and who had
sent her divorce papers from Baghdad in the year 5665 Hebrew, corresponding to 1894 AD, from
the aforementioned deceased who was residing in Baghdad approximately fifty years ago
and died two years ago in Baghdad. This lawsuit was filed against Farha, daughter of the aforementioned
Youssef Moshe, one of his heirs from his wife whose marriage was contracted in Baghdad. During the
proceedings, the defendant, the aforementioned Farha, objected to the court's jurisdiction to hear
this case in the Religious Court according to the legal reasons set forth in her brief.
We submit a copy of her brief along with a copy of the response given to it by the plaintiff's attorney.
Since the points raised in the claim and the defense are legal matters, please
refer them to the Codification Committee for study and to state whether hearing this case falls
within the jurisdiction of the Israeli Religious Court in Baghdad or not.
⟦Sassoon⟧
Head of the Community
Lu

Archival unit 369

The Court of Justice of the Holy City
Baghdad, may God protect it
The Israelite Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
No.:
Year: 569
Date:
⟦...⟧ from ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧
⟦...⟧ ⟦...⟧

Archival unit 370

Rabbi Sasson Khedhouri
Head of the Jewish Community in Baghdad
Telephone Number 531
Number:
Date:
Subject Summary:
The Honorable Ministry of Justice
Subsequent to our letter dated April 18, 1938
We submit to your esteemed ministry a copy of the memorandum submitted by the lawyer Heskel Murad, the proxy
on behalf of Daoud Youssef Moshi, requesting that it be attached to our aforementioned letter and its attachments as a supplement
to it, for the purpose of being audited by the Legal Codification Department as stated in our aforementioned letter.
With our highest respect to your Excellency: .
⟦Sasson Khedhouri⟧
Head of the Community

Archival unit 371

Iraqi Government
Ministry of Justice
Please refer to the general number
Department: Legal Codification
General Number: J / 29 / 120
Telegraphic Address: Adliya
Date: 12 Rabi' al-Awwal / 1357
4 May / 1938
Subject Summary: Proof of marriage for a foreigner.
Presidency of the Jewish Community
Baghdad
In response to your letter No. 4342 dated 18 / 4 / 1938
We see that the points to be resolved are -
1- Is the consideration of this lawsuit within the jurisdiction of the Iraqi courts or not?
2- And if it is within the jurisdiction of the Iraqi courts, is it among the functions of the Jewish Religious Court
or not?
After careful consideration -
1- Since both parties are residents of Iraq, the Iraqi courts have the authority
to consider the mentioned lawsuit by analogy to what is stated in the sixth paragraph of Article -
nine of the Sharia Procedure Law.
2- If it is verified that the deceased is of Iranian nationality, then in view of the provisions of personal status
for foreigners, the consideration of the lawsuit is among the functions of the Personal Matters Judge.
However, if he was of Iraqi nationality, the consideration of the lawsuit is among the functions of the Jewish Court.
⟦signature⟧
Minister of Justice
Presidency of the Jewish Community
Baghdad
Private Number 2445
Date 15 / 5 / 38
Copy to the Court
A. S.
10

Archival unit 372

498
15 May 938
His Eminence the President of the Honorable Jewish Religious Court
Reference to your letter dated ⟦line⟧
We convey to you below the letter of the Ministry of Justice No. J / 120 / 39 dated 14
May 938 regarding the proof of marriage of Yusuf Moshi Maryam Khan;
On behalf of
The Head of the Community
⟦signature⟧
⟦line⟧
Ministry of Justice:
Number: J / 120 / 39
Date: 14 May 938
Subject Summary: Proof of marriage of a foreigner
Presidency of the Jewish Community - Baghdad
In response to your letter No. 4342 dated 18 April 938
We see that the points to be resolved are
1 - Whether the consideration of this lawsuit is within the jurisdiction of the Iraqi courts or not
2 - And if it is within the jurisdiction of the Iraqi courts, is it among the functions of the Jewish Religious Court
or not
And after careful consideration -
1 - Since both parties are residents of Iraq, the courts of Iraq have the authority
to consider the aforementioned lawsuit by analogy to what is stated in the sixth paragraph
of Article Nine of the Law of Sharia Procedures
2 - If it is verified that the deceased is of Iranian nationality, then in view of the provisions of personal status
for foreigners, the consideration of the lawsuit is among the functions of the Personal Status
Judge, but if he is of Iraqi nationality, then the consideration of the lawsuit is among
the functions of the Jewish Court.
Minister of Justice
True copy

Archival unit 373

Please refer to the general number
⟦...⟧ N ⟦...⟧
1200 / 2
⟦...⟧ Justice
Rabi' al-Thani / 1357
June / 1938
Subject Summary:
Presidency of the Jewish Community in Baghdad
Reference to your letter No. 4842 dated 18 / 4 / 1937
We are sending you the original petition dated 1 / 6 / 938 submitted by
⟦...⟧ daughter of Yusuf Moshi, requesting your opinion on what is stated therein
and clarifying the nationality of the contracting parties and the place where the contract took place first so that we can express
an opinion on the subject.
⟦signature⟧
On behalf of the Minister of Justice
⟦...⟧
To the court with the petition ⟦...⟧
Return it to us for reference ⟦...⟧
9
Presidency of the Jewish Community
In Baghdad
2482
9 / 6 / 938

Archival unit 374

Number J / 120 / 39
Date 8 June 938
(Copy)
4955
Ministry of Justice
Presidency of the Jewish Community in Baghdad
14 June 938 ⟦...⟧ No. ⟦...⟧ dated ⟦...⟧
You will find enclosed the original petition dated 1 / 6 / 938 submitted by the aforementioned
⟦...⟧ to express your opinion on what was stated therein with the signature of ⟦...⟧
⟦...⟧ first to get rid of the ⟦...⟧ mentioned above
His Eminence the President of the Jewish Religious Court, the respected
Further to our letter No. 4900 dated 15 May 938
You will find enclosed a copy of the Ministry of Justice letter No. J / 120 / 39 dated
8 June 938 with the original petition dated 10 / 6 / 938 submitted to the Ministry
referred to by Farha bint Yusuf Moshi to express your opinion on the points required
to be clarified and send the answer to us with the petition as quickly as possible;
⟦initials⟧
President of the Community

Archival unit 375

Ministry of Justice
Number J / 39 / 120
Date 8 June 938
( Copy )
Presidency of the Jewish Community in Baghdad
Reference to your letter numbered 4842 and dated 18 / 4 / 938
We send to you the original petition dated 1 / 6 / 938 submitted by Farha
daughter of Yusuf Moshi, requesting your opinion on what was stated therein with a clarification of the nationality of the contracting parties
and the place where the contract took place first, so that we can express an opinion on the subject;
On behalf of / Minister of Justice
True copy
12 June 938
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧