AI English Translation, Pages 501-525
8072
9 / 1 / 945
⟦illegible⟧
His Eminence the President of the Israeli Religious Court
Baghdad
We transmit to you below a copy of the petition of the petitioner Gurji Yusuf Salman, received within the letter of
the Ministry of Justice No. A / 532 / 44 dated 6 / 1 / 945, to respond to its content.
Head of the Community
⟦line⟧ Copy of the Petition ⟦line⟧
To His Excellency the Minister of Justice in Baghdad, the Most Magnificent
Presented to Your Excellency
I am owed by Daoud Sassoon, the correspondent in the Railway Transport Department, West Baghdad,
an amount of (29) Dinars and (798) Fils, and he is also indebted to several other persons for forty Dinars
more. His wife, Esther Shaul, has arranged a maintenance decree in the Israeli Sharia Court according to
the decree issued by it under number 889 / 1888 and dated 18 / 1 / 944.
The debtor and his wife are living in one house and living together. Since this arrangement
affects my rights, I went to the Israeli Sharia Court to file a lawsuit against the debtor's wife
to cancel the maintenance, but the aforementioned court refused to accept this lawsuit from me.
Since I have legal evidence, I beg you to order the aforementioned court to accept such lawsuits and hear
my testimony in the courtroom against the aforementioned claimant Esther Shaul, and the matter is yours, my lord.
The Petitioner
Gurji Yusuf Salman
25 / 12 / 44
The Righteous Court of the Estate
Baghdad, may God protect it
The Israeli Religious Court Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
Number :: 7 RKM
Date :: 11 ⟦illegible⟧ 7
Telephone Number: 3456
8172
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Baghdad ⟦line⟧
His Excellency the Chairman of the Israeli Charitable Hospitals Committee, Respected
In Meir Elias Hospital
Baghdad
After greetings and respect,
I request to be considered a subscriber in your respected committee with a monthly fee of ⟦line⟧ fils
I pay it every <del>year</del> once, and may you remain successful in serving charitable projects.
six months
Sincerely,
Full Address: ⟦line⟧
Note: The subscription is not less than 50 fils per month.
8102
29 / 1 / 945
Ministry of Justice
Baghdad
⟦line⟧
With reference to your letter No. A / 44 / 532 dated 6 January
945
The Israeli Religious Court in Baghdad has informed us that the petitioner
Gurji Yusuf Salman did not approach the court ⟦in⟧ the matter he claims, and
it has also been confirmed by the investigation conducted by the court that the spouses have been living
separately for a long time, and therefore there is no agreement for the wife to obtain
an alimony decree against her husband.
Head of the Community
Iraqi Government
Ministry of Justice
Please refer to the general number
Section: Drafting
General Number: 4/ 298 / 44
Telegraphic Address: Adliya
Date: Dhu al-Hijjah / 1363
20 November / 1944: Presidency of the Jewish Community
Subject Summary: ⟦line⟧
We are sending you herewith the petition submitted to His Excellency the Prime Minister by
Ibrahim Ishaq Al-Beik, in which he requests the removal of the injustice that befell him from the Jewish
Religious Court of Cassation, requesting your observations on its contents and its return.
⟦signature⟧
On behalf of the Minister of Justice
Z 19 / 11
⟦illegible⟧ | ⟦illegible⟧ | ⟦illegible⟧ | ⟦illegible⟧ | ⟦illegible⟧
| | | 1/12/944 |
His Eminence the President of the Court of Cassation of the Israelite Community
Baghdad
We send to you herewith the petition of Mr. Ibrahim Isaac Al-Nabak
addressed to His Excellency the Minister of Justice and received by us attached to their letter ⟦illegible⟧
numbered A / 298 / 44 and dated 20 November 944, so please
be so kind as to provide your views on what was stated therein and return it to us ⟦illegible⟧ / ⟦illegible⟧
with the reply.
Head of the Community
⟦illegible text from reverse side bleeding through⟧
Court of Revision
Court of Revision
Baghdad
JEWISH SHARA'
COURT OF REVISION
BAGHDAD
Jewish Sharia - Baghdad
Number: 1447
Date: 16 / July / 945
Subject Summary:
Our Master the Hakham Bashi who was in Baghdad
In the name of the Jewish Sharia Court in Baghdad
After greetings
Based on your above decree dated 10 / 1 / 944
Which includes that the wife Hannah daughter of Yusuf Salman has filed a lawsuit against her husband
Ezra son of Isaac Ezekiel in the aforementioned Sharia Court requesting separation
And as a result of the proceedings, the aforementioned court issued on 13 / 6 / 944 a judgment for
separation and obligating the husband to pay alimony.
And the aforementioned husband appealed this judgment on 15 / 6 / 944
And after conducting the proceedings in this court and examining the papers related to this
lawsuit, the court found that the judgment issued by the Sharia Court is a judgment
not in accordance with the Sharia because the husband objected to the aforementioned judgment on 7 / 7 / 944
And it has become clear to the court that the husband has admitted that the wife is pregnant and it was issued
by the aforementioned Sharia Court in its aforementioned judgment that the wife is pregnant
Therefore, the court decided to annul the aforementioned judgment and return the lawsuit
to the court.
Benjamin
⟦illegible signature⟧
Statistics and information related to the hospital
Year | Number of patients admitted to Mar Elias Hospital | Daily number of beds in Mar Elias Hospital | Number of operations in Mar Elias Hospital | Number of doctors at Mar Elias Hospital | Number of nurses at Mar Elias Hospital | Total sum
1933 | 936 | 35 | 329 | 3 | 2 | ⟦illegible⟧
1934 for half a year only | 667 | 70 | 308 | 3 | 6 | 6
1935 | 1565 | 90 | 551 | 3 | 8 | 6
1936 | 2007 | 90 | 512 | 5 | 9 | 8
1937 | 2104 | 100 | 537 | 5 | 10 | ⟦illegible⟧
Note: Summary of the accumulated hospital deficit from the years
Mar Elias Hospital: A charitable hospital containing departments for internal medicine, surgery, obstetrics, and pediatrics
For internal medicine and his assistant, a doctor operator, a female doctor specializing in gynecology and pediatrics, and a doctor specializing in analysis and ⟦...⟧
Rima Khadouri Eye Hospital: A charitable hospital for the poor; consultations for women and men reached during one year ( ⟦illegible⟧
and 594 minor operations during the mentioned year, and it has a doctor specializing in eye diseases and nurses as needed.
Dar Al-Shifa Pharmacy: A pharmacy joined by a doctor and a dresser to treat patients for free, and it dispenses prescriptions to them for free, and it has ⟦...⟧
to the homes of the patients themselves.
School Clinics: A clinic has been established in every school containing the necessary medicines to treat school students under the supervision of ⟦...⟧
Nursing Mothers Relief Society: A charitable society managed by a group of elite virtuous women, its goal is to aid poor birthing mothers and their children and what ⟦...⟧
The building with what the society collected from trusts
8-28
4 January 1945
Ministry of Justice ⟦line⟧
Baghdad ⟦line⟧
Reference to your letter No. A / 298 / 44 dated 20 November 944
We have referred the petition attached to your above letter to the Israeli Sharia Court of Cassation
in Baghdad, and it replied as follows:-
Mr. Ibrahim Ishaq Al-Beyk had filed a lawsuit in the Religious Court
against his wife, Rosa Haron Sarraf, claiming she was an adulteress and presented witnesses for that.
As a result of the proceedings, the Religious Court decided that the husband has the right to divorce
in Baghdad, and it replied as follows:-
Mr. Ibrahim Ishaq Al-Beyk had filed a lawsuit in the Religious Court
against his wife, Rosa Haron Sarraf, claiming she was an adulteress and presented witnesses for that.
As a result of the proceedings, the Religious Court decided that the husband has the right to divorce
his wife after paying her the amount of her dowry documented in the marriage contract. The wife,
Rosa Haron Sarraf, appealed this case on 5 / 6 / 944. After bringing the case file
and auditing it in cassation, the court found that the witnesses of adultery presented by the husband are not
considered legally valid testimony, whether in terms of adultery or in terms of paying the dowry amount and performing
the divorce. Accordingly, the Court of Cassation decided on 27 / 7 / 944 to overturn the judgment issued
by the Religious Court. Therefore, the wife is still considered a legal wife and the husband is obligated
to pay alimony until he reconciles with his wife in a legal home.
Enclosed you will find the original petition.
⟦illegible⟧
Head of the Community
Justice
⟦line⟧
Government of Iraq
Ministry of Justice
Papers Department
Urgent
Number: 4 / 16 / 95
Date: 4 / 2 / 945
Subject: Non-attendance of Murad Shatoub
To :-
Presidency of the Jewish Community in Baghdad
We request a prompt response to our letter numbered 4 / 16 / 95
and dated 20 / 1 / 945 regarding the subject.
⟦signature⟧
Director General of Justice
Justice
Note: The subscription is not less than 50 fils per month
Full Address
Private
To the respected Charitable Projects Committee of the Israelite Community
I pay every ⟦six⟧ months at once, and this is provided by me to serve charitable projects
I request to be considered a subscriber in your esteemed committee with a monthly fee of ⟦...⟧ fils
After greetings and respect
Baghdad
At Meir Elias Hospital
His Excellency the Chairman of the respected Israelite Charitable Hospitals Committee
Baghdad
⟦...⟧ 5 / 1 / 53
⟦...⟧
⟦...⟧
8098
24 / 1 / 945
His Eminence the President of the Israeli Religious Court
Baghdad
⟦line⟧
We attach herewith the original petition submitted to us by the Ministry of Justice
No. 10636 dated 18 / 1 / 945, filed by Heskel Murad
We attach herewith the original petition submitted to us by the Ministry of Justice
No. 10636 dated 18 / 1 / 945, filed by Heskel Murad
Shentob, to provide your views on its contents and return it to us
with the reply.
Head of the Community
8119
7 February 945
The Honorable Ministry of Justice
Baghdad
⟦line⟧
Reference to the petition of Mr. Heskel Murad Shamtob referred to us under number 1636
and dated 18 / 1 / 945.
The Jewish Religious Court in Baghdad replied as follows:
The representative of the plaintiff fiancée in the lawsuit filed in the aforementioned court
had stated that his client is ill and has traveled to Palestine for treatment and that she,
based on the advice of her doctors, requests her fiancé to either come to Palestine to marry
her or to divorce her. However, the petitioner fiancé (the defendant) insisted on
the necessity of his fiancée coming to Iraq and marrying him here. Since it appeared to the court that
his request was inadmissible, it issued its judgment against him while giving him a suitable period either to travel
outside Iraq to marry his fiancée based on the necessity established by the court
or to divorce his aforementioned fiancée.
Head of the Community
Justice
811/5
532 Division 7
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Mr. President
We submit herewith the original petition submitted to the Ministry of Justice by
the wife of Saleh Satti regarding the lawsuit filed in the Baghdad Sharia Court
urgently and in presence, with the following observations made:
The petitioner had married on ⟦11⟧ January ⟦1944⟧
corresponding to ⟦12/11/1944⟧, Malaka Bishara, and the contract was signed in the aforementioned court on that date
under contract ⟦944/10/6⟧. However, on ⟦12/10/91⟧, the head of
the wife obtained a waiver from his client as to whether he was ready to accept his wife, then
it was no ⟦longer⟧ ⟦possible⟧ for the case until ⟦25/10/91⟧ as the husband or his attorney did not attend
despite the wife's request to postpone the hearing of the case until ⟦30/12/944⟧
where the husband's attorney attended and stated that his client is ready to accept his wife and her furniture
in his home and his wife under certain conditions:
1- The wife is not allowed to leave the house alone and without permission
2- The wife's receipt of the lawsuit she filed against him before the Court of
First Instance ⟦and considering it⟧ a total experimental liquidation
3- No repetition of any insults or threats if the wife fails to obey
The wife's attorney's objection is that the third condition is illegal and illegitimate, and yet
the client possesses the gold - as for the furniture, the original lawsuit filed before
the Court of First Instance has no relation to this lawsuit. And since and when
the wife's heritage was found in the court, the court warned her of the necessity of going to
her husband's house and she has no right to leave it without the permission of the husband or the court
however, the signature of one of the daughters of the United House was in the wife's hand
also, the court tasked both parties with delaying the follow-up of the aforementioned lawsuit for one month
and leaving the current lawsuit until both parties review it.
X
8122
14 February 945
Exalted Ministry of Justice
Baghdad
Reference to the petition of Mr. Rubin Saleh Setti referred to us under number 2430 and dated
1/2/945.
The Jewish Religious Court in Baghdad replied as follows:
The petitioner had obtained, on 11/30/944, a judgment in absentia regarding the disobedience of his wife and a license
to marry another woman after the expiration of the objection and appeal period, and the aforementioned was notified of that
on 12/6/944. However, in the session of 11/13/944, the husband's attorney requested a delay to ask
his client whether he was ready to accept his wife now or not. Therefore, the case was adjourned to
12/20/944, when the husband or his attorney did not attend the hearing, and at the wife's request, the consideration was adjourned
to 12/28/944, during which the husband's attorney stated that his client complies with the court's order
and agrees to accept his wife under certain conditions:
1) The wife is not allowed to leave the house alone and without permission.
2) The wife drops the lawsuit she filed against him before the Court of First Instance.
3) Not to resort to the method of warnings if the wife fails to comply, and to consider her forbidden.
The wife's attorney objected that the third condition is illegal and illegitimate; nevertheless, his client is present
to go to the legal home. Furthermore, the lawsuit filed before the Court of First Instance has no connection to this
lawsuit. Due to the presence of the wife herself in court, the court warned her of the necessity of going to her
husband's house and that she has no right to leave it without the permission of the husband or the court, provided she is accompanied by one of her daughters
or the woman appointed as an arbitrator between the spouses. The court also charged both parties with delaying the follow-up
of the civil case for a period of two months and left the case until both parties review it. However, on
1/1/945, the lawyer Salim Salton, the attorney for the wife, appeared before the court stating that the husband
had proposed to a woman using the permission issued to him by the court on 11/30/944 under the number
and that his client had requested and is still requesting concerning the legal home.
As a result of the hearing held on 11/16/945, the court decided to rule that the husband must pay
alimony to his wife and notify the marriage contract official not to write a marriage contract for the aforementioned with his fiancée, as he
Rubin Saleh Setti
Rubin Saleh Setti
Justice
He married over his wife without permission from the court. If the court sees that the wife
according to Israeli law has the right not to be ruled as disobedient, and before another marriage occurs
for the husband after the ruling against her and before twelve months have passed since then, she may show
her remorse and her desire to return to the husband's house. Since the wife was notified of the ruling
of disobedience issued against her on 6/12/944, and since the aforementioned showed in
the session held on 28/12/944, i.e., before the prescribed appeal period had passed,
her readiness to go to the husband's house, and in view of the reconciliation that took place between
the husband and wife on the mentioned day, the court considers that the permission issued by it
on 30/11/944 has become implicitly canceled and the husband has no right to use it, and even
assuming the lack of compliance from his wife, it was necessary for him to attend the court
and confirm this matter, and perhaps his proceeding to the engagement before this matter was officially verified
is considered an incorrect act by the husband according to Sharia; therefore, it issued its ruling in the manner in which
the petitioner submitted his complaint about it.
President of the Court
Religion of Baghdad
Head of the Community
Iraqi Government
Ministry of Justice
Judicial Inspection Department
Number /: 27
Date: 9 Rabi' I / 1364 AH
4 March / 1945 AD:
To the Honorable Presidency of the Jewish Community
A legal inquiry is required regarding the following case:
If the spouses disagree regarding impotence, whose word is taken? And if there are
medical reports, are those medical certificates considered or ignored
and the statement of one of the litigants is sufficient? Please clarify that by citing the text
and its reference ⟦line⟧
Judicial Inspector
Majal
The Court of Justice of the Community
Baghdad, may God protect it
The Israeli Religious Court Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
⟦line⟧
Telephone Number 3456
Number ::
Number:
Date :: 19 ⟦illegible⟧
Date: ⟦illegible⟧
Moshe ⟦illegible⟧ Khanum daughter of ⟦illegible⟧ and Yosef ⟦illegible⟧ Khanum daughter of ⟦illegible⟧
⟦illegible⟧ ⟦illegible⟧ Khanum ⟦illegible⟧
Kosher ⟦illegible⟧
Payment ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧
To: ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧
⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧
⟦line⟧
Receipt 554 Article 7 Son of ⟦illegible⟧
⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧
8159
6 March 945
Ministry of Justice
Judicial Inspection Department
Baghdad
⟦line⟧
Reference to your letter No. 27 dated 4 March 945
If the spouses disagree regarding the household effects, the word shall be the wife's
And that is according to Chapter 154, Article 7 of the book (Ibn Ajiz)
Furthermore, medical reports are not sufficient in this matter as the wife
is to be believed
⟦illegible⟧
Head of the Community
Judicial Papers
The Spiritual Committee of the Holy Community
Baghdad, may God protect it
The Israelite Spiritual Council
in Baghdad
⟦line⟧
Number: 1599
Date: 20/5/945
Mr. Isaac ⟦H' Hakham⟧ Shimon Nissim N' Shomer
Head of the Jewish Community in Baghdad
For the H' obligation
Letter here Baghdad and after the H' evening 4 Adar 945/12/4 and one asks
15/1/945 for their work in the name of H' Hakham Habshush
Entered 24 Saydaljiya in Iyyar. We read it in a thousand for the daughter of Wadi Nissim
One (1) his medicine prevents soot from the day of ⟦Hazir⟧ Elul 5705 20/5/45
And its value (64) days and a thousand in total five thousand and one hundred ⟦and⟧ nine Dinars
On (27) one day Amiran for the withdrawal 2 February 945
For a thousand 4 his medicine in the name of your daughter Sarah and her medicine (261) fils
And its value (11) days. P' and D' in total 84 and one 4 syrup in a thousand
And the urgent by the hand of H' volunteer
Meir Sasson
Isaac Hayyim
⟦illegible⟧
8228
July 26, 945
The Honorable Ministry of Justice
Baghdad
With reference to your letter No. 4 / 6 / 945 addressed to the Chief Rabbi
We attach herewith the three files related to the lawsuit of Nazima Daoud Blas
and her fiancé Heskel Murad Shatoub. The first file numbered 91 / 705
contains (64) papers, and the second file belonging to the first contains
(27) papers, both of which belong to the Religious Court. As for the third file numbered
(361) which contains (11) papers, it belongs to the Spiritual Court of Cassation.
Please return them to us after you have finished reviewing them.
⟦signature⟧
Head of the Community
Justice
Article 29 of the Sharia Courts Regulation of 1918 as amended by the Amendment Regulation
of the Courts Regulations of 1941.
"It is not permissible to object to the decisions or rulings of the Court of Cassation unless
there is ambiguity, a clear error, an apparent contradiction, or if they were obtained <del>by</del> through forgery or
deception; in such cases, the Court of Cassation may re-examine them at the request of one
of the parties and after obtaining permission from the Minister of Justice. The Minister of Justice may also
return the ruling to the Court of Cassation on his own initiative for re-examination if there are
justifiable reasons for doing so."
Commentary
The Minister's authority to re-examine the rulings of the Court of Cassation is unlimited
because he can request it whenever it appears to him that there are justifiable reasons for it, but <del>⟦illegible⟧</del>
the difference between this article and the specific article of the Community Law Amendment Law
is that the reconsideration here is carried out by the same Court of Cassation, whereas there it is carried out by another council.
Iraqi Government
Ministry of Justice
Legal Drafting Bureau
Number - L 96 / 9
Date June 5, 1945 AD
Subject - Amendment of the Jewish Community Law.
Secretariat of the Council of Ministers
We send you herewith several copies of the draft law amending the Jewish Community Law No. 77
for the year 1931 and the same of its explanatory memorandum, requesting that they be considered urgent drafts and presented to
the Council of Ministers for approval and to take the necessary steps for their legislation as quickly as possible.
Signed/
Minister of Justice
A copy of it to "-
The Presidency of the Jewish Community in Baghdad - with reference to our letter
Number 8206 dated 4/22/1945.