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.
The Court of Justice in the Holy City of Baghdad, may God protect it The Jewish Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD No.: Year: 569 Date: 28 ⟦illegible⟧ 28 ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ The Jewish Religious Court Number 7547 Date 28/7/1928
5069 22 August 1938 Proof of marriage for a foreigner To - Ministry of Justice Baghdad Reference to your letter No. J / 120 / 39 dated 8 June 1938 I have referred the original petition dated 1 / 6 / 938 submitted by Farha daughter of Yusuf Moshi to the Israeli Religious Court in Baghdad for an opinion And the court's opinion in this regard was: that Yusuf Moshi is of Iraqi nationality and Zulaikha his wife is of Iranian nationality and the contract took place in Iran according to the admission of both parties; ⟦Sassoon⟧ Head of the Community Attached: The petitioner's petition
Iraqi Government Ministry of Justice Please refer to the general number Legal Codification Department: General Number: H / 294 / 1200 Telegraphic Address: Adliya Date: 5 Rajab / 1357 31 August / 1938 Subject Summary: Proof of marriage for a foreigner Presidency of the Jewish Community In Baghdad In response to your letter numbered 5069 and dated 22 / 8 / 1938 In view of what was stated in your letter above, we see that hearing the case is within the jurisdiction of The Jewish Religious Court. ⟦signature⟧ Minister of Justice Second copy for the court Presidency of the Jewish Community In Baghdad Private Number 752 Date 31 / 8 / 938 From M 30
5091 4 September 938 His Eminence the President of the Jewish Religious Court in Baghdad Reference to your letter dated 28 July 938 We attach herewith a copy of the Ministry of Justice letter No. J / 120 / 36 dated 31 August 938 regarding her being married to a foreigner; Sassoon Head of the Community
Correspondence A / 286 / 26 11 Jumada al-Thani / 1357 8 August / 1938 Referral of a Petition Presidency of the Spiritual Council of the Israelite Community Presidency of the Spiritual Council of the Israelite Community In ⟦illegible⟧ Number ⟦illegible⟧ We refer to you herewith the original petition of the petitioner Manqusha daughter of Hayyim dated 6 / 8 / 938 for your review and return after providing your opinion regarding it. ⟦signature⟧ On behalf of the Minister of Justice S. M. 7
The Iraqi Government Ministry of Justice Please refer to the general number Correspondence Department: ⟦line⟧ General Number: 4 / 28 / 25 Subject Summary: ⟦line⟧ Telegraphic Address: Adliya Date: 22 Jumada al-Awwal / 1357 20 July / 1938 Presidency of the Jewish Community Baghdad We refer to you the original petition of the applicant Nazima daughter of Heskel dated 18 / 7 / 1938 for consideration and return after providing your opinion regarding it. ⟦signature⟧ dated 18/7/1938 for consideration and return after providing your opinion regarding it. ⟦signature⟧ Minister of Justice Presidency of the Jewish Community Number ⟦illegible⟧ 2518 Date 20 / 7 / ⟦illegible⟧ S. M. 20 ⟦illegible⟧ / 7 / 20 S. M. 20
⟦5026⟧ July 21, 1938 Summons of Nazira daughter of Haskel ⟦line⟧ To - His Eminence the President of the Jewish Religious Court in Baghdad The Ministry of Justice has referred to us, according to its letter No. A/38/251 dated the 20th of this month, the petition of the applicant Nazira daughter of Haskel dated 7/18/38 for review and to provide us with an opinion regarding it. Therefore, we are referring the original of the aforementioned petition with a copy of the Ministry of Justice's letter to your court to provide the required opinion and inform us. On behalf of The Head of the Community Please return the petition with the response
The Court of Justice of the Holy City Baghdad, may God protect it The Israeli Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD ⟦line⟧ No.: Year: 569 Date: ⟦illegible⟧ ⟦...⟧ to ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ 2524 28/8/937
5041 1 August 1938 Petition of Nazima bint Haskil To - Ministry of Justice Baghdad Reference to your letter No. A/38/251 dated 20 July 1938 We have referred the petition of the applicant Nazima bint Haskil to the Religious Court of the Israelites in Baghdad for an opinion, and they replied to us that the aforementioned had filed a lawsuit before the court claiming that her husband Meir Rouhi, requesting a divorce and obtaining her marriage certificate from him. Consequently, the court ruled that the husband must divorce his wife and give her the marriage certificate, and in case of refusal to do so, he shall be sentenced to pay her alimony. ⟦If⟧ Sassoon Head of the Community Attached: The applicant's petition ⟦illegible⟧
The Iraqi Government Presidency of the Court of Cassation of Iraq Baghdad Number 938/7 Date 10 / August year 1938 To - President of the Sunni Sharia Court of Cassation Based on the petition submitted to us by Jahla daughter of Eliyahu, a resident of Basra, containing her request to designate the jurisdiction for the obedience lawsuit filed against her at the Sharia Court of Sulaymaniyah by her husband Ishaq Haskel Ezra Hanna. The Jurisdiction Designation Committee will convene on Monday, August 15, year 1938, at nine o'clock in the morning. Please appoint one of your members as a member of it and instruct him to attend on the designated day at the Court of Cassation office. ⟦signature⟧ Acting President of the Court of Cassation A copy to - President of the Spiritual Council of the Israelite Community. To appoint one of your council members as a member of this committee and instruct him to attend on the designated day at the Court of Cassation office; ⟦illegible⟧ 10 / 7 11 / 7
5049 11 August 1938 Committee for Determining the Competent Authority To - Presidency of the Court of Cassation of Iraq Baghdad With reference to your letter No. 938/7 dated 10 August 1938 to the President of the Sunni Sharia Court of Cassation and a copy thereof to the President of the Spiritual Council of the Jewish Community His Eminence Rabbi Salman Hoqi Abboudi, President of the Jewish Religious Court in Baghdad and member of the Spiritual Council, will be present at your court's chambers at the time appointed for the meeting of the Committee for Determining the Competent Authority; On behalf of The Head of the Community 10 August
The Iraqi Government Ministry of Justice Please refer to the general number Correspondence Department: ⟦line⟧ General Number: <del>296</del> / 4 / 296 Telegraphic Address: Adliya Date: 11 Jumada al-Thani / 1357 8 August: 1938 / Subject Summary: Referral of a petition Presidency of the Spiritual Council of the Jewish Community We refer to you herewith the original petition of the applicant Manqusha daughter of Habib, dated 6 / 8 / 938, for your review and return after providing your opinion regarding it. Minister of Justice S. M. 7
The Court of Justice in the Holy City of Baghdad, may God protect it The Israelite Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD ⟦line⟧ Year: 5698 No.: 922 Date: 25 ⟦illegible⟧ ⟦illegible⟧ We testify in this court that is signed below, as we the court signed below when we were sitting and there came before us Hakham Yitzhak ⟦...⟧ son of Ezra, may he rest in peace and in his hand a document from the Waqf of Ezra Menachem Yitzhak Zilkha on 6 Av 5697 when he was present in the school which is in the market known by the name ⟦...⟧ Ezra ⟦...⟧ Menachem ⟦...⟧
5075 24 August 938 Petition of Manqusha bint Hakim To Ministry of Justice Baghdad Reference to your letter No. A/36/396 dated 8 August 938 to the Spiritual Council of the Community Israelite The Israelite Religious Court in Baghdad has answered us that the petitioner's husband had submitted several legal notices through the notables of his town, and based on the wife's rebellion against obeying her husband regarding the residence from him, she has been considered recalcitrant. On behalf of Head of the Community Attached ⟦line⟧ original petition
5087 19 August 1938 44 Ministry of Justice Baghdad We request to be provided with a certificate regarding the status of the Jewish community in Iraq; on behalf of Head of the Community ⟦illegible⟧
The Iraqi Government Ministry of Justice Please refer to the general number Legal Codification Department General Number 4 / 27 / 11 Special Number Telegraphic Address: Adliya Date 19 Rajab / 1357 14 September / 1938 Subject Summary: Certificate of the Community's Entity Presidency of the Jewish Community Baghdad In response to your letter numbered 5072 and dated 24 / 8 / 938 Please state your purpose for requesting this certificate so that we may examine the matter. ⟦illegible⟧ On behalf of the Minister of Justice Presidency of the Jewish Community 758 18 / 9 / 938 Submit the transaction: and also attach a previous transaction of this type 18 / 9 / 938 A. S. 13
Adel Rasmi 18 September 938 20 Certificate of the Community's Entity Ministry of Justice Baghdad Reference to your letter numbered 11/37/9 dated 14 September 938 Upon our review with the Baghdad Tapu Directorate to register a road remnant purchased from the Capital Secretariat in the name of the Jewish Community in Baghdad, the aforementioned directorate requested from us a certificate of the community's entity certified by your ministry. You have previously certified such a certificate and it was returned to us attached to your letter No. 11/371 dated 23 October 935 and 26 Rajab 1354 ⟦...⟧ ⟦...⟧ this attached certificate ⟦...⟧ from this ministry according to the procedures. Otherwise, ⟦...⟧ this certificate previously with no change in the president does not ⟦...⟧ the appropriate decision nor ⟦...⟧ President of the Community ⟦...⟧
The Iraqi Government Ministry of Justice Please refer to the general number: Division: Legal Codification General Number: 11 / 271 Telegraphic Address: Adliya: Date: 17 / Sha'ban 1357 12 / October 1938 Subject Summary: Certificate of the Community's Entity Presidency of the Jewish Community – Baghdad – In response to your letter No. 5120 dated 9/20/1938. If no certificate regarding the entity of the Jewish community has been issued so far – or if the aforementioned certificate was issued but the head of the community has changed – then we suggest consulting the General Directorate of Land Registry (Tapu) to request the certificate in question from this Ministry according to the procedures. Otherwise, the previous issuance of such a certificate, provided the head has not changed, does not require a repeat request nor a repetition of the certificate in question. ⟦signature⟧ Minister of Justice Presidency of the Jewish Community Private Number 2608 Date 25 / 10 / 938 For registration and filing M. A.
The Iraqi Government Ministry of Justice Please refer to the general number Section: Correspondence General Number: 4/ 9 / 22 / 28 Telegraphic Address: Adliya Date: 20 / Rajab / 1357 15 / September / 1938 Subject Summary: ⟦illegible⟧ Presidency of the Israeli Spiritual Council - in Baghdad - We refer to you herewith the original petition submitted by the petitioner Flora Ephraim Nissan for your kind consideration and to take the necessary action regarding it and return it, provided that we receive your reply promptly. ⟦signature⟧ On behalf of the Minister of Justice Certificate of Entity ⟦...⟧ Minister of Justice
5285 8 November 938 To — Ministry of Justice Baghdad With reference to your letter No. A/339/38 dated 15 September 938 addressed to The Presidency of the Spiritual Council in Baghdad The Jewish Religious Court in Baghdad has replied to your aforementioned letter that the wife Flora Ephraim Nissan had claimed that she was recalcitrant and requested a divorce from her husband, and the court ruled her recalcitrant based on her request. Since the husband did not agree to the divorce, and since forcing the husband to divorce is not permissible under religious law, the court informed him that he is not permitted to marry another woman before he divorces her. As for his travel outside Iraq, he claimed that he has important business abroad, and therefore the court requested from him securities in a sufficient amount before his travel; ⟦illegible⟧ ⟦Sassoon⟧ Head of the Community
The Court of Justice of the Holy Community Baghdad, may God protect it The Jewish Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD No.: 240 Year: 5699 Date: 8 Tishrei ⟦illegible⟧ ⟦illegible⟧ from ⟦illegible⟧ ⟦illegible⟧ 6 ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ 6 ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ 6 ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ 6 ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ 6 ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ 6 ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ 6 ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ Secretary ⟦illegible⟧
The Iraqi Government Ministry of Justice Please refer to the general number Correspondence Department: General Number: A / 229 / 28 Telegraphic Address: Adliya Date: 20 Ramadan / 1357 12 November / 1938 Subject Summary: ⟦line⟧ Presidency of the Jewish Community - Baghdad - Reference to your letter numbered 5185 and dated 8 / 11 / 1938 We request the return of the petition referred to you in our letter numbered A / 339 / 38 and dated 15 September 1938 as quickly as possible. ⟦signature⟧ Minister of Justice Presidency of the Jewish Community Number 7622 Date 15 / 11 / 38 A. S. 12
To His Excellency the Honorable Minister of Justice Presented to Your Excellency I, your servant, have had a judgment issued against me by the Israeli Religious Court in Baghdad reducing the monthly alimony by three dinars, from fifteen dinars to twelve dinars. Since my husband is a merchant, a shop owner, and an earner, I was forced to appeal the aforementioned judgment in the Israeli Court of Cassation. One of the members of the aforementioned Court of Cassation, Rabbi Shlomo Laniado, passed away six months ago, and until now the community has not elected another member to complete the aforementioned council as an additional member acting on behalf of the deceased. They proceeded with my appeal, and I was left alone with the additional member, the deputy of the deceased, who sat for three sessions in his capacity as an additional member and has three signatures from three sessions in the Religious Court. How is it permissible for him to sit in both the First Instance and the Cassation as a member, and how can he represent the deceased? Since I am a miserable woman and have no helper to save me from ⟦injustice⟧ except the mercy of the Creator and Your Excellency, I beg you to issue an order to the Israeli Religious Court to stay the cassation decision until a legal member is elected so that my appeal can be decided by a legal council, because the additional member named Rabbi Daoud Shaul, firstly, has no legal right to represent the deceased Rabbi Shlomo Laniado, and his sitting in both the Court of First Instance and Cassation is contrary to the law and the regulations. For this, I offer Your Excellency my further thanks in advance. Eloise Hakham Moshe 24 / 1 / 939
To His Excellency the Honorable Minister of Justice Presented to Your Excellency I, your servant, have had a judgment issued against me by the Jewish Religious Court in Baghdad reducing the monthly alimony by three dinars, from fifteen dinars to twelve dinars. Since my husband is a merchant, a shop owner, and an earner, I was forced to appeal the aforementioned judgment in the Jewish Court of Cassation. One of the members of the aforementioned Court of Cassation, Rabbi Shlomo Laniado, passed away six months ago, and until now, the community has not elected another member to complete the aforementioned council as an additional member acting on behalf of the deceased. They proceeded with my appeal, and I was left alone with the additional member, the deputy of the deceased, who sat for three sessions in his capacity as an additional member and has three signatures from three sessions in the Religious Court. How is it permissible for him to sit in both the First Instance and Cassation as a member, and how can he represent the deceased? Since I am a miserable woman and have no helper to save me from this predicament except the mercy of the Creator and Your Excellency, I beg for an order to be given to the Jewish Religious Court to stay the cassation decision regarding me until a legal member is elected so that my appeal can be decided by a legal council, because the additional member called Rabbi Daoud Shaul, firstly, has no legal right to represent the deceased Rabbi Shlomo Laniado, and his sitting in both the Court of First Instance and Cassation is contrary to the law and the regulations. For this, I offer Your Excellency much thanks in advance. Louise Hakham Moshe 24 / 1 / 939
Iraqi Government Ministry of Justice Please refer to the general number Correspondence Department: General Number: 4 / 25 / 29 Telegraphic Address: Justice: Date: 19 Dhu al-Hijjah / 1357 4 January / 1939 Subject Summary: Petition of Louise Hakham Moshe. To - Presidency of the Spiritual Court of the Israelite Community in Baghdad We refer to you the original petition of the applicant Louise Hakham Moshe to review its contents and then return it with your opinion regarding it. ⟦signature⟧ For the Minister of Justice S. M. 29