AI English Translation, Pages 401-425
The Court of Justice of the Holy Community
Baghdad, may God protect it
The Israeli Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
No.: 85
Year: 5699
Date: 27 Shevat 5699
On day 6, portion of the Holy Sabbath, 6 Shevat
Today the 3 summoners appeared 3 in the
Court 6 and this is it:
Mr. Saleh Habouba 6 lawyer, and in his hand a legal power of attorney
And he presented 6 a claim 6 on behalf of the aforementioned 6 Mrs. Habiba daughter of Shimon
Elyon p' Shimon 6 Cohen 6 likewise he proceeded against the aforementioned Rachel Zalaka
daughter of Saleh 6 wife of the aforementioned Shimon
and sign 6 that the aforementioned deceased had mentioned in his will the aforementioned Shimon
in the year 5694, mentioned the honor of the aforementioned Shimon 6 Mrs. 6 Habiba daughter of Ali
the aforementioned
And it was completed p' 6 June between the claims of the aforementioned 15 s' Ratson 6 Mr.
6 Mr. 6 Mordechai 2/4 witness of their equality and their acceptance and support for the matter.
The aforementioned 6 Shimon Dudu in the name of 6 and a beloved man 6
According to the decision of the Court and the law ⟦illegible⟧
Ezra Dangoor
Hugi Shebo 6
Presidency of the Israeli Community
Baghdad
Register number 4692
Date 15 / 2 / 939
16 February 939
To
Ministry of Justice
Baghdad
Reference to your letter numbered A / 35 / 39 dated 4 January 939 to the
Jewish Spiritual Court in Baghdad
We send you the petition of the applicant Louise Hakham Moshe Ibrahim dated 24 January
939 and following is the opinion of the Jewish Religious Court on it: -
The additional member Rabbi Daoud Shaul participated as a member in the Jewish
Religious Court of First Instance to hear the pleadings in three sessions only, but he did not participate in
issuing the judgment
And when this case was audited by the Jewish Sharia Court of Cassation, the member
Rabbi Shlomo Laniado was deceased, so the aforementioned Rabbi Daoud Shaul participated as an additional member
Furthermore, the points mentioned in the applicant's petition are among those that touch upon the third and fourth paragraphs
of Article 15 of the Jewish Community Law No. 77 of 1931, and these two paragraphs
are not clarified and their interpretation belongs to the Codification Bureau, whose opinions we hope to obtain
in this regard ⟦line⟧
Aloub
Head of the Community
5224
Iraqi Government
Ministry of Justice
Please refer to the general number
Department: Legal Codification
General Number: 4 / 25 / 29
Telegraphic Address: Adliya
Date: 6 / Rabi' al-Awwal 1358
25 / April 1939
Subject Summary: Petition of Louise daughter of Rabbi Moshe
Presidency of the Jewish Community
- Baghdad -
In response to your letter No. 5324 dated 16 / 2 / 1939
It appeared from the audit that the aforementioned member attended several sessions in the Religious Court
which makes us see that it is not advisable for him to participate in the council that will reconsider
the case under discussion.
⟦signature⟧
Minister of Justice
Kahla
4 / 26
Presidency of the Jewish Community
Incoming Number 7776
Date 26 / 4 / 939
M. W. A.
27 April 939
Petition of Louise daughter of Rabbi Moshe
His Eminence the President of the Israelite Religious Court Baghdad
Reference to your letter numbered 85 dated 26 February 699
We transmit to you below the Ministry of Justice letter No. A/39/35 dated 25 April 1939
For your information;
On behalf of
The President of the Community
Copy of the letter
In response to your letter numbered 5324 and dated 16/2/939
It appeared from the audit that the aforementioned member attended several sessions in the Religious Court
Which makes us see that it is not advisable for him to participate in the council that will reconsider
The case under discussion;
Minister of Justice
True copy
⟦illegible bleed-through text from reverse side⟧
His Excellency the Honorable Minister of Justice
Since the district of Ana contains approximately (60) families of the Israelite community, and for the management of
the affairs of this community, it is necessary to appoint a head for it so that a council can be formed for all revenues and their expenditure
on the endowments and institutes belonging to this community present in this district, in accordance
with the supplement to the Israelite Community Regulation No. (48) of the year 1932, and since the Israelite community
residing in this district has nominated me as its head so that I may manage its affairs mentioned above,
as understood from the attached minutes, I therefore request the issuance of an order to refer this petition
to the relevant authority to take the necessary legal action and appoint me as head of the aforementioned community.
The matter is yours, Sir.
Sincerely,
Salman Aziz
From the residents of Ana district
26 January 939
⟦illegible⟧
His Excellency the Honorable Minister of Justice
Since the district of 'Anah contains approximately (60) families of the Israelite community, and for the management of
the affairs of this community, it is necessary to appoint a head for it so that a council may be formed for all revenues and their expenditure
on the endowments and institutes belonging to this community located in this district, in accordance
with the supplement to the Israelite Community Regulation No. (48) of 1932. Since the Israelite community
residing in this district has nominated me as its head to manage its affairs as presented above,
as understood from the attached minutes, I therefore request the issuance of an order to refer this petition
to the relevant authority to take the necessary legal action and appoint me as head of the aforementioned community.
The matter is yours, Sir.
⟦illegible⟧
Sincerely,
Salman Aziz
From the residents of 'Anah district
26 January 939
His Eminence, the President of the Israelite Community in Baghdad, the Respected
After greetings
We, the undersigned, the Jewish group of 'Ana, wish to appoint our candidate Salman Uzair as president
of our group, in view of our dire need for someone to represent us before government departments, and as he is one of
our notables in our trade, known for good conduct and integrity. He has managed the affairs of our institutes
for thirty years, and he was and still is supervising the collection of revenues and expenditures for the administration of the various
community affairs and managing its endowments. In view of the excellent qualities he possesses, we hope that you will mediate in your turn
with the venerable Ministry of Justice to obtain approval. With respect to your Eminence.
Signatures
His Eminence, the President of the Israelite Community in Baghdad, the Respected
After greetings,
We, the undersigned, the Jewish group of ⟦Ghanah⟧, wish to appoint our candidate Salman Awir as president
for our group, in view of our dire need for someone to represent us before government departments, and as he is
among our notables and merchants known for good conduct and integrity. He has managed the affairs of our institutes
for thirty years, and he was and still is supervising the collection of revenues and expenditures for the administration of the various
community affairs and in charge of its endowments. In view of the excellent qualities he possesses, we hope that you will mediate on your part
with the venerable Ministry of Justice to obtain approval. With all respect to your Eminence.
Signatures
The Iraqi Government
Ministry of Justice
Please refer to the general number
Correspondence Department: ⟦line⟧
General Number: 7 / 1 / 19 / 1
Telegraphic Address: Adliya
Date: 7 Dhu al-Hijjah / 1357
28 January / 1939
Subject Summary: Referral of the petition of Salman bin Aziz
Presidency of the Jewish Community
Baghdad
We attach herewith the petition of the applicant Salman Aziz, a resident of the district
of Ana, with the attached report for consideration in accordance with Articles 7 and 9
of the Jewish Community Law No. 77 of 1931 and 21 and 29 of
the Regulation, and to inform us of the result.
⟦signature⟧
On behalf of the Minister of Justice
Presidency of the Jewish Community
Registration Number 4682
Date 29 / 1 / 39
S. M.
26
5217
10 February 939
Respected Mr. Sultan Awza
⟦line⟧
Greetings
The Ministry of Justice has referred to us your petition dated 26 / 1 / 939 with the minutes of the Jews
residing in Ana regarding your nomination as their representative. Since it is necessary to deliberate
with you personally before deciding on the matter, we hope you find an opportunity to come to Baghdad and meet us
so that we can provide the answer to the esteemed Ministry;
Head of the Community
⟦illegible⟧
7/19
<del>14</del> March 939
12
Ministry of Justice
Baghdad
Reference to your letter No. 7/1/16/1 dated 28 January 939
We agree to the appointment of Mr. Salman Aziz, nominated by the Israelites in 'Anah, to be
their official representative regarding his dealings with the government, provided that he exercises the authority of the head
of the 'Anah community in the Israelite Community Law No. 77 of 1931 and its Regulation No. 36 of
1931 in his capacity as a representative of the Presidency of the Israelite Community in Baghdad to manage the affairs of the Israelites in
<del>'Anah</del>
As for the management of physical matters which are within the jurisdiction of the Lay Council
according to Article 7 of the Community Law and Article 21 of its Regulation, the group of Israelites
in 'Anah may elect from among themselves a committee to carry them out, and this committee shall act as a sub-committee
of the Israelite Lay Council in Baghdad, like the rest of the committees formed according to the last paragraph
of Article 21 of the Community Regulation
As for the spiritual matters referred to in Article 9 of the Community Law and 26 of its Regulation,
they shall remain subordinate to the Spiritual Council and the Israelite Religious Courts in Baghdad directly.
Lu
Ezra
Head of the Community
Archive
7/19
Iraqi Government
Ministry of Justice
Please refer to the general number
Department: Legal Codification
General Number: A / 19 / 1 / 7
Telegraphic Address: Adliya
Date: 8 / Safar / 1358
29 / March Year 1939
Subject Summary: Return of a petition and a protocol
Presidency of the Jewish Community
- Baghdad -
With reference to your letter numbered 53 and dated 11 / 3 / 1939.
We request the return of the petition and the protocol sent enclosed with our letter numbered A / 19 / 1 / 7
And dated 28 / 1 / 1939.
⟦signature⟧
On behalf of the Minister of Justice
Presidency of the Jewish Community
7225
30 / 3 / 1939
M R Y A
5285
30 March 939
Appointment of a representative for the head of the community in Ana
Ministry of Justice
Baghdad
Reference to your letter No. 7/1/19/9 dated 29 March 939
We return to you herewith the original petition and the minutes sent to us under your letter No. 7/1/19/9
dated 28 / 1 / 1939 ;
⟦for⟧
on behalf of
Head of the Community
The Court of Justice of the community of
Baghdad, may God protect it
The Israelite Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
No. ⟦illegible⟧: 569
Year: 569
Date: 5 Adar 99
From... 6 Hasson Nissim Nissim 6 Menachem
And with 6 Hasson 6 Avraham 200 all honor
⟦illegible⟧
My lord, the honorable Pasha Nissim 6 Hasson
6 honor 200 Pasha Nissim 6 Hasson ⟦illegible⟧ the center
Money of 6 Nissim and a witness ⟦illegible⟧ 6 blood/price of ⟦illegible⟧
House and chair, funds
Nissim Nissim
Menachem
Presidency of the Israelite Community
Number 7482
Date 20 / 8 / 99
⟦symbol⟧
Copy of a Guarantee
Whereas the lawsuit formed between Heskel Murad Shatoub and his fiancée Nazima Daoud Balas has
been heard by the Israeli Religious Court in Baghdad, and it issued its decision that the
aforementioned Heskel must divorce the said fiancée Nazima, and since the aforementioned decision has not been implemented by the said Heskel
until now, and the fiancé has no right to marry another woman unless he submits to the implementation of this decision, and since
the aforementioned fiancé Heskel intends to travel outside Iraq for some private interests,
therefore, I, the undersigned, acknowledge and confess that I am a guarantor and surety for the payment of a monthly maintenance of five Dinars
imposed by the Israeli Religious Court and ruled for the fiancée against the aforementioned fiancé Heskel
in the event that it is proven to the aforementioned court that he married another woman without
divorcing his said fiancée Nazima, and that is without any objection. I also pledged to accept all notifications
required in this regard which are issued by the referred court and by the Execution Department instead
of the said fiancé, and I have waived my right to object to the jurisdiction. For this reason, I have given this guarantee
certified by the Notary Public of the city of Baghdad, written
on the acknowledgment and acceptance of the guarantor.
True copy
⟦Copy of a Guarantee⟧
⟦Whereas Mr.⟧ ⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
24 August 936
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
Presidency of the Civil Court of First Instance
Baghdad
Enclosed is a copy of a guarantee submitted by one of the litigants before the Jewish Religious Court in Baghdad
The aforementioned Religious Court has requested to seek the opinion of your esteemed court regarding it from
the legal perspective. After reviewing it, we request you to inform us whether this guarantee is
considered valid and securing the rights of the wife, given that the guarantor therein guarantees alimony before the issuance
of a judgment for it by the Sharia Court;
On behalf of
The Head of the Community
Baghdad
Presidency of the Civil Court of First Instance
Number: 2527
Date: 23 / 8 / 1939
To the Presidency of the Jewish Community in Baghdad
Reference to your letter dated August 21, 1939, with a copy of a guarantee attached.
This court regrets its inability to express its opinion from a legal perspective
regarding the aforementioned guarantee, and we hereby return it to you.
⟦signature⟧
The President
of the Court
8/27
2494
27 / 8 / 939
525⟦4⟧
27 August 939
His Eminence, the President of the Jewish Religious Court in Baghdad
Reference to your letter dated 5 September ⟦699⟧
We transmit to you below the letter of the Presidency of the Civil Court of First Instance No. 3537 dated 24/8/939
For your information, and we return the original copy of the guarantee enclosed herewith:
On behalf of
The Head of the Community
⟦line⟧
To the Presidency of the Jewish Community in Baghdad
Reference to your letter dated 21 August 939, with a copy of the guarantee enclosed
This court regrets its inability to express its opinion from a legal perspective regarding the guarantee
referred to, and we return it to you herewith:
The President
True copy
The Court of Justice of the Community
Baghdad, may God protect it
The Jewish Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
Year: 5699
No.: 500
Date: 21 Av 5699
Brought for H. Hasson Kadouri L. Shweiq
Today was received L. No. 200 L. Kadouri
For the sake of H. 200
Received for the benefit of A. A. Sh. H. 29 Kislev 5706
To the order of H. grandson of A. Yitzhak H. Moshe from the teacher Mordechai Sh. Eliya
In the name of so-and-so
Teacher Moshe
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
5659
29 August 1939
Ministry of Justice
Baghdad
Enclosed is a copy of a guarantee submitted by one of the litigants before the Jewish Religious Court
in Baghdad. The aforementioned court has requested to seek the opinion of the Codification Bureau in
your esteemed ministry regarding this guarantee from a legal perspective. After reviewing it,
we request that you inform us whether it is considered valid and a guarantee for the wife's rights, given that the guarantor
therein guarantees alimony before a judgment is issued by the Sharia Court;
⟦illegible⟧
⟦Sassoon⟧
Head of the Community
Iraqi Government
Ministry of Justice
⟦Emblem of the Kingdom of Iraq⟧
Please refer to the general number
Division: Legal Codification
General Number: A / 19 / 1 / 1
Telegraphic Address: Adliya
Date: 17 / Sha'ban 1358
Subject Summary: Legality of a Power of Attorney
1 / September 1939
10
Head of the Jewish Community
– Baghdad –
In response to your letter No. 5659 dated 30 / 8 / 1939.
Upon reviewing the copy of the power of attorney sent with your above letter, it appeared to contain
two matters; one of which is a person's undertaking to pay what the religious court will impose on the person named Haskil
Murad as alimony for his fiancée Nazima, amounting to five dinars monthly. The second involves the acceptance
by a person, who is the guarantor, of notification of papers issued by the religious court and the execution departments to
the aforementioned Haskil Murad on his behalf; meaning the first matter involves a guarantee and the second a power of attorney.
As for the guarantee, it is concluded by the offer of the guarantor only, and the beneficiary has the right to reject it. The mentioned copy has
included what is legally required for the validity of the guarantee, therefore we see that it can be accepted from this aspect.
As for the second matter, it included the agent's acceptance of notification on behalf of the aforementioned Haskil and the waiving of some rights
belonging to him. Since this depends on the authorization by the principal, and as there was no authorization,
we do not see – in this case – the possibility of considering what he undertook from this aspect as valid.
Minister of Justice ⟦signature⟧
For him
9 / 1
7518
9 / 10 / 39
M. A. A.
28
5697
4 October 939
12
His Eminence the President of the Jewish Religious Court in Baghdad
Reference to your letter No. 500 dated 13 September 939
We transmit to you below the letter of the Ministry of Justice No. 9/16/1/10 dated 1/10/939
regarding the legality of the power of attorney sent with your letter;
On behalf of
The President of the Community
⟦line⟧
Presidency of the Jewish Community - Baghdad -
In response to your letter No. 5659 dated 30/8/1939
Upon noting the copy of the power of attorney sent with your above letter, it appeared that it contains two matters:
One of them is a personal undertaking to pay what the Religious Court will impose on the named Heskel Murad for alimony
to his fiancée ⟦Fatima⟧, five dinars. The second involves the acceptance of a person, who is the guarantor, of the notification
of the papers issued by the Religious Court and the execution departments to the aforementioned Heskel Murad on his behalf
meaning that the first matter involves the guarantee and the second the power of attorney
As for the guarantee <del>⟦illegible⟧</del> ⟦it is concluded⟧ by the offer of the guarantor only, and the beneficiary has the right to reject it, and the mentioned copy has included
what is legally required for the validity of the guarantee, therefore we see that it can be accepted from this aspect.
As for the second matter, it included the agent's acceptance of notification on behalf of the aforementioned Heskel and the waiver of some rights
belonging to him, and since that depends on the authorization by the principal, and there was no authorization
we do not see - in this case - the possibility of considering what he undertook from this aspect as valid.
Minister of Justice
True copy
Iraqi Government
Ministry of Justice
Please refer to the general number
Section: Papers
General Number: 6 / 8 / 28
Telegraphic Address: Adliya
Date: / Shawwal / 358
/ November / 939
Subject Summary: Sending the petition of Ezra Moallem Ibrahim
Presidency of the Jewish Community
– Baghdad –
We hereby refer the original petition of the applicant Ezra Moallem Ibrahim dated
18 / 11 / 939 with its attachments and request your observations regarding its contents
and its return with the reply.
⟦signature⟧
For the Minister of Justice
7041
27 / 11 / 939
For the Journal
27 / 11
574
27 November 939
His Eminence the President of the Jewish Religious Court in Baghdad
You will find enclosed the original petition sent to us by the Ministry of Justice within its letter No.
A/8/938 dated 25 November 939 submitted by Ezra Moallem Ibrahim
Requesting your opinion regarding it and returning it to us with the answer;
⟦illegible⟧
Head of the Community
The Righteous Court of the Community
In Baghdad, may God protect it
The Jewish Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
No.:
Year: 569
Date: 18 Adar
We testify before us, we the undersigned,
that when we were sitting together, there came before us
the honored Mr. ⟦Salman⟧
and said to us: Be witnesses for me and perform a 'kinyan' from me now
with a vessel fit for acquisition, that I, of my own free will
and without any duress, have given as a complete and absolute gift
to the honored Mr. ⟦Ezra⟧ son of the honored Mr. ⟦Yitzhak⟧, for he gave to me
money that I needed, and behold I give to him my portion
in the house that we have in the ⟦Al-Torah⟧ neighborhood
and this gift shall be complete, valid, and established.
The humble ⟦Yitzhak⟧ Salman
The humble ⟦Moshe⟧