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 551-575

Archival unit 551

Number / ⟦illegible⟧ / ⟦illegible⟧
Date: April 18 / 1945 AD
Secret
P. 640
His Excellency the Minister of Justice, the Respected
Based on your Excellency's order, I have inspected the Israeli Religious Courts and examined
the complaints and files related to them. I am continuing this mission and will undoubtedly submit
my final detailed report upon completion of the audit; however, I now present my following
proposal as a matter of urgency:
It is not hidden from your Excellency that the President of the Israeli Cassation Body had
passed away, and recently the Rabbi who was a member of the First Instance Body was elected in his place.
Since it is not permissible for him to preside over the Cassation Body in cases that he previously decided
in his capacity as a member of the First Instance, the Head of the Community contacted me requesting that
you kindly grant or authorize the eldest Cassation member to preside over those
cases. Since some of the urgent cases for which complaints were filed
are among those cases that will be seen on appeal, I found it necessary, and in this proposal of mine supporting
the proposal of the Head of the Community. The matter is for your Excellency to decide.
Justice Inspector
A copy of it to " -
To the Head of the Israeli Community - in reference to our conversation.
Word

Archival unit 552

D / 44
D / 44
Biography papers
Presidency of the Israelite Community

Archival unit 553

The Court of Justice of the Community
Baghdad, may God protect it
The Israelite Religious Court Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
⟦line⟧
Telephone Number 3456
Number :: 712
Number 7:
Date :: 22 June ⟦illegible⟧
Date 7: 4/6/1949
Moshe Amin Yitzhak Fattoun ⟦illegible⟧
1950 - ⟦illegible⟧
⟦illegible⟧ Rahamim Teshuva Gurji Abed
Moshe ⟦illegible⟧ (part) ⟦illegible⟧
Avraham Yosef Rahma ⟦illegible⟧
⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧
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⟦illegible⟧ ⟦illegible⟧
⟦illegible⟧
The Court of Justice
Baghdad
⟦illegible⟧
⟦illegible⟧

Archival unit 554

8268
6 June 945
Mutasarrifate of Baghdad Province
Baghdad
We attach herewith a summons issued by the Jewish Religious Court
in Baghdad against the defendant Masouda Rubin Abed residing in (Balad)
with her son Dr. Yusuf Kabbay. Please kindly notify them
and return the second voucher of the summons signed by them and certified.
⟦signature⟧
Head of the Community

Archival unit 555

The Iraqi Government
Governorate of Baghdad Province:
Department: Correspondence
Number: 8268
Date: 1945/6/14
8268
1945/6/14
Subject: Notification of a summons paper
To the Presidency of the Jewish Community in Baghdad
Your letter numbered 8268 and dated 1945/6/6
We return herewith the original attachments of your above letter, requesting that you ask the Notifications Department at the Ministry
of Justice to take the necessary action in this regard according to the procedures.
⟦signature⟧
Governor of Baghdad Province
To be drafted for the Notifications Department
⟦signature⟧
6/17
The Mukhtar 12 of it

Archival unit 556

8285
17 June 945
Notifications Department
The Honorable Ministry of Justice
We enclose herewith a summons issued by the Israeli Religious Court in
Baghdad against the defendant Masouda Robin Abed Al-Mallaka with her son Dr.
Youssef Kabbay in (Balad). Please kindly notify her and return the
second voucher of the summons signed by her and certified.
⟦signature⟧
On behalf of the Head of the Community
⟦signature⟧
On behalf of ⟦...⟧

Archival unit 557

GOVERNMENT OF PALESTINE,
DISTRICT COMMISSIONER OFFICE
LYDDA DISTRICT
JAFFA.
No. 1233.
U R G E N T .      6 June 1945.
Sir,
I have the honour to request your assistance in the
following matter:
Mrs. Ingeborg Elizabeth Darwish, formerly schroder,
an Iraqi subject (Iraqi passport No. 73 given in Baghdad
in 1931) is now desirous of contracting a marriage with a
British subject under the Foreign Marriage Act 1892. I
understand that she is divorced from her first husband,
Victor Ezra Darwish and that documents relating to this
divorce are in your hands. I should be grateful there-
fore if you could furnish me with a copy of the Divorce
Certificate, with an English translation, and also advice ⟦m⟧
me as to whether, under her national law, she is permitted
to contract a marriage with a British subject, that is,
whether you consider her divorce valid for the purpose of
such a marriage.
I am Sir,
Your obedient servant,
Ag. District Commissioner,
Lidda District.
Consul-General of Iraq,
Jerusalem.
And it contains the divorce certificate in the English language
⟦illegible⟧
⟦illegible⟧
18/6/45

Archival unit 558

Iraqi Government
Ministry of Justice
Please refer to the general number
Department: Foreign Notifications
General Number: H / 42 / 177
Telegraphic Address: Adliya
Date: 14 / July / 1945
Subject Summary:
Presidency of the Jewish Community in Baghdad
We are sending you herewith a copy of the letter from the Acting ⟦Governor⟧ of the Lydda District, No. 1233, dated 6/6/45
regarding the divorce of Mr. Victor Darwish from his wife (Madame Ingeborg Elizabeth Darwish), and we request
that you provide us with a copy of the divorce certificate along with its English translation and inform us, in view of her divorce, whether
she can marry a man of British nationality.
On behalf of the Minister of Justice
Jamal

Archival unit 559

The Israelite Religious Court
Baghdad
We hereby certify that Mr. Victor Darwish appeared before the Israelite Religious Court
in Baghdad on April 21, 1936, and executed a bill of divorce for his wife Elizabeth.
The bill of divorce was sent to the wife by mail through the Israelite Religious Court
in Paris, and the wife received it in her hand on May 5, 1936. Accordingly, the aforementioned woman
is considered divorced from her husband as of that date.
⟦Sassoon⟧
President of the Religious Court ⟦line⟧

Archival unit 560

8217
15 July 945
His Eminence the President of the Jewish Religious Court
Baghdad
Based on the request of the Ministry of Justice in its letter numbered J / 43 / 177 dated 14 July
945, please provide us with a copy of the divorce certificate of Mr. Victor Darwish from
his wife (Madame Ingeborg Elizabeth Darwish) and inform us, in view of her divorce, whether
she can marry a man of British nationality.
⟦signature⟧
Head of the Community

Archival unit 561

The Court of Justice of the Community
Baghdad, may God protect it
The Israelite Religious Court Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
⟦line⟧
Telephone number 3456
Number :: 7075
Number:
Date :: 15 ⟦illegible⟧ ⟦illegible⟧
Date: 25 / 7 / 945
Moshe ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧
⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧
⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧
In ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧
⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧
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⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧
⟦illegible⟧
Moshe ⟦illegible⟧
⟦illegible⟧
Court of Law ⟦illegible⟧

Archival unit 562

8242
A
1945 / <del>7</del> 6
Ministry of Justice
Baghdad
Reference to your letter No. J 43 / 177 dated 14 July 945
The Israeli Religious Court in Baghdad informed us in its letter No. 375
dated 25 / 7 / 945 that Mr. Victor Darwish had divorced his wife
Elizabeth, by issuing a divorce decree before the aforementioned court on
21 April 936, and the divorce decree was sent to the wife by mail through
the Israeli Religious Court in Paris and the wife received it by hand on
Tuesday, 5 May 936. Accordingly, the mentioned woman is considered under Mosaic Law
divorced from her husband as of that date, and there is no objection or restriction for her to
marry whomever she wishes, provided he is Jewish, and not otherwise.
Enclosed you will find the divorce certificate in English.
On behalf of
Head of the Community
⟦signature⟧

Archival unit 563

Please refer to the general number
Iraqi Government
Ministry of Justice
Department: Judicial Inspection
General Number: T/AN/⟦945/22⟧ ⟦122⟧
Telegraphic Address: Adliya
Date: 12 August / 1945
Subject Summary:
Presidency of the Jewish Community
Baghdad
With reference to your letter numbered 8319 and dated 16 July / 1945.
We are sending you herewith a copy of our letter numbered 42 and dated 19 March / 1945 as per your request
And we request to be informed of what has been done in the case under discussion.
⟦signature⟧
For the Minister of Justice

Archival unit 564

Iraqi Government
Ministry of Justice
Please refer to the general number
P 111
Judicial Inspection Department Division:
General Number:
Telegraphic Address: Adliya:
Date: July / 1945 AD
Subject Summary :: ⟦line⟧
Presidency of the Jewish Community
We confirm our letter numbered Sh/T/42 and dated
March 19, 1945, and we request a response to it with the required speed.
Judicial Inspector
⟦signature⟧
Raheef
What is this letter?
Rouhi
7/8

Archival unit 565

8219
16 July 945
The Honorable Ministry of Justice
Judicial Inspection Department
Reference to your letter dated 5 July 945
Please provide us with a copy of your letter numbered Sh/T/42 and dated 15 March 945
to respond to its content.
⟦signature⟧
Head of the Community
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
⟦illegible handwriting upside down⟧

Archival unit 566

Iraqi Government
Ministry of Justice
Judicial Inspection Division
Number 42
Date March 19 / 1945
Presidency of the Jewish Community in Baghdad
With reference to your letter numbered 8519 and dated 1 / 3 / 1945
Please inform us of what has happened in the case of Eliyahu Shua, as we have heard that this lawsuit
has been dropped.
The copy please
Judicial Inspector
⟦illegible stamp⟧
Copy to the court
⟦illegible signature⟧

Archival unit 567

8274
26 / 8 / 945
His Eminence, the President of the Israeli Religious Court
Baghdad
We transmit to you below a copy of the letter received by us from the Ministry of Justice, Division of
Judicial Inspection, No. 43, dated March 19, 945, to respond to its content.
Head of the Community
⟦line⟧
Copy of the Letter
Please inform us of what has transpired in the case of Eliyahu Shara, as it has come to our attention that
this lawsuit has been dismissed.
Judicial Inspector

Archival unit 568

The Rabbinical Court of Justice
Baghdad, May God Protect It
The Jewish Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
⟦line⟧
Telephone Number 3456
Number :: 7 ⟦illegible⟧
Date :: 1945/8/27
His Eminence Rabbi Sassoon Khedhouri, Respectfully
President of the Jewish Community, Baghdad
With reference to your letter numbered 8274 and dated
on 1945/8/26, which included a copy of the Ministry of Justice letter
Judicial Inspection Division No. 44 dated March 19, 45
We inform you that the case of Eliyahu Shua against his wife
Najia Rahmin has ended with a divorce occurring between them
consensually, on the date of March 24, 945, corresponding to
8/2/945
The President
⟦illegible stamp with Hebrew and Arabic text⟧

Archival unit 569

8282
8/28/945
The Honorable Ministry of Justice
Judicial Inspection Department
Reference to your letter No. 42 dated March 19, 945
The Israeli Religious Court in Baghdad informed us in its letter
No. 443 dated 8/27/945 that the case of Eliyahu Shmua
against his wife Najmiya Rahmin has ended with a divorce occurring between them
consensually on March 8, 945.
⟦signature⟧
Head of the Community

Archival unit 570

Iraqi Government
Ministry of Justice
Please refer to the general number
Division: Judicial Inspection
General Number: Sh / T / 24 / 945
Telegraphic Address: Adliya
Date: 8 September / 1945
Subject Summary: ⟦line⟧
Presidency of the Jewish Community in Baghdad
We confirm our letter numbered Sh / T / 24 / 122 and dated 14 / 8 / 1945 and request
a response to it with all speed.
Judicial Inspector
126

Archival unit 571

8292
4 September 945
⟦illegible⟧
Ministry of Justice
Judicial Inspection Division - Baghdad
Reference to your letter No. Sh.R / T / 945 / 24 dated 1 September 945
We transmit to you below our letter No. 8382 dated 28 / 8 / 945.
Head of the Community
⟦line⟧
Copy of the letter
The Honorable Ministry of Justice
Judicial Inspection Division - Baghdad
No. ⟦illegible⟧
Reference to your letter No. 42 dated 19 March 945
The Jewish Religious Court in Baghdad informed us by its letter No. 443
dated 27 / 8 / 945 that the case of Eliyahu Shua against his wife Najia Rahmin has
ended with the occurrence of divorce between them by mutual consent on 8 March 945.
Sassoon Khedhouri
Head of the Community
Justice

Archival unit 573

Through the Notary Public of East Baghdad
To Salima daughter of Yaqub Hakham Al-Basha' residing in Al-Bataween opposite Al-Nasr
Square between Sa'adoon Street and Abu Nuwas Street, next to the house of Hussein Al-Ani.
It has become necessary for me to send you this letter to be a final boundary in our case.
1- You left the house about twenty-five months ago and took with you household items and other things, some of which do not belong
to you. All of this was without my knowledge, and despite my written appeals to you and my request for your return, you did not pay attention. After this, a
meeting took place between us and you swore on your honor that you would return the next day. At that time, you had asked me to contact your father.
In order to reach a reconciliation, I bore this request of yours despite its difficulty on my part, and I met with him the next day
in the presence of ⟦A. Sh.⟧.
2- Instead of your father appreciating this approach of mine, he met me with aversion and anger and insisted on you not returning to me despite my attempt
to convince him in every way, and the attempt of the aforementioned intermediary person.
3- After this, I wrote to you in detail about your father's behavior towards me and mentioned to you the word of honor you gave regarding returning,
and I requested your return insistently, yet despite all that, you did not answer me and did not return.
4- At that time, Salman Effendi Shabana had requested to meet me and asked me about the progress of the matter as a friend, and I gave him
details and emphasized to him that I wished for your return and accepted whatever he decided as if he were a judge in the case, knowing that the aforementioned is from
your side and I believe he does not deny that. In fact, the intermediary ⟦A. Sh.⟧ was present, and all of that did not end in
any result.
5- It is strange that while I was trying to request your return by all means, you filed a maintenance lawsuit for your daughter and used
the lawsuit as a means to extract money, such that the maintenance was issued at 12 Dinars per month. I do not know what drove you
to this lawsuit while you had given me a word of honor to return to the house, and no action was taken by me towards you
that would force you into this vile plan.
6- After that, well-known persons approached me, namely Habawi Shirazi and Khadouri Sawday, and they spoke to me with respectful words
and urged me toward reconciliation, even though your behavior was not worthy of reconciliation. In order to reach a noble
way, I accepted all that they proposed to me. All of that also remained without result. Is ⟦all⟧ that what is expected from a wife
who observes marital rights?
7- Since I no longer have hope in your desire for reconciliation, I was forced to resort to the legal Sharia method and requested from the Religious Court
your obedience. There is no need to clarify the course of the trials and disputes because you know them on one hand, and on the other,
they are recorded in the case file, and talk about them is reserved for other circumstances if necessary. You must think
that the court took your side and did what was for your benefit, but this thought of yours is wrong because this action is what
brought you to your degraded state today. Had the court acted according to what was more proper and right and beneficial for you, namely forcing you to
return to me, you would be comfortable today and everything would be fine. But fate did not wish so; rather, it led you to
request something outside of logic, which is either you return to the house provided its annual rent is 450 Dinars,
or a judgment for maintenance, which is a matter that no one with a sound mind accepts, nor does any law, custom, or tradition approve. Whoever embroiled you
in these attempts knows the situation perfectly and must have thought about the consequences of this plan.
8- And today, Madam. The case has developed and reached a state that I am no longer prepared to bear. There is no dignity
since I have not reached a satisfactory and peaceful solution, neither through a private plan nor through a legal method, so today I am forced
⟦signature⟧

Archival unit 574

to resolve the issue by my will and directly.
9- For this, first and last, I clarify before you two plans so that you may choose one of them, which is either to return to the house under the following conditions:
A- That you return to the house the items you took in full.
B- That you accompany me to any place or house I reside in and abandon your weak weapon entirely.
C- Since you fled with my house belongings, I no longer have confidence that you will not repeat this act, and therefore I request that
two well-known persons pledge responsibility for it if you return to smuggling things from the house.
D- Since I am currently not reassured about living with you alone, I intend to have people live with us temporarily until I am reassured
of your good behavior.
E- You leave your family definitively and give me a pledge to that effect. This, and if you were ⟦think⟧ thinking that I was not
a match for you or your family, and that I am evil such that a wife cannot reside with me, then even though I consider you disobedient
as is the truth, for the sake of resolution and salvation for both parties, I am ready to divorce you. Since the dowry was decided for me
by the court, nothing remains between us except the items, some of which belong to me and are with you today, and some of which you brought at marriage and are present
with me, so they must be returned by exchange. The only matter that remains is the maintenance of the girl, and I am ready to pay that at
any time and wherever I am according to my ability, and if necessary, I will provide a guarantor for that and pledge that I will not see her or contact
her throughout my life.
10- Finally, I have come to warn you that if you are not ready to take one of the two aforementioned methods with their flaws
and without any change or mediation, within three days of this letter reaching your hand, I will consider that you have bad intentions
towards me, and therefore I will be forced to take the path of salvation, which is marrying a wife other than you in any case, and you are the one who ⟦will be⟧
will be the only loser for what happened when regret will not benefit you. Let it be known to you that after my marriage I will also
demand your obedience constantly, whatever it costs me, in addition to the financial responsibility you bear for everything that
happened in our case.
11- As far as I know of your purpose, when you receive this letter you will revolt and become confused and consult the masters of magic
and omens so that you may obtain what you want. But you will definitely lose as you lost in all your plans - except from
another side, I am confident that the Creator, Almighty, is capable of guiding you to the right path.
The Mahdi
George Sassoon
Copy to - Head of the Israelite Community, Rabbi Sassoon Khedouri
" " - Head of the Israelite Religious Court, Rabbi Salman
" " - Khedouri Soudayi
" " - Habawi Shirazi
" " - Lawyer Salim Isaac
" " - Menashi Sofer
Baghdad
40 Fils

Archival unit 575

Bureau of the Ministry of Justice
Number 19962
Date 8/22/945
File Number 45/249/A
141 / 5
His Excellency the Most Magnificent Minister of Justice
Subject of the Case - I have contracted the dowry for the virgin girl named Simha
daughter of Nahum Shalom, residing in the Mahdiya neighborhood in house number 7/119, and I spent
on the contract an amount of fifty dinars, and in the end she refused to marry
me, and this is something that necessitates her disobedience. However, the Israeli Community Court formed
of rabbis in Baghdad sentenced me to pay alimony to her, even though I am requesting
her obedience, and the aforementioned judgment is contrary to the legal and religious principles
in practice, as it is not permissible for any court whatsoever to rule by imposing
alimony for a woman who refuses to obey her husband. Therefore, I hope and beg for
mercy for my situation and to take the necessary measures to remove the injustice from me, and the matter is yours
Sir
The Petitioner
Salim Moshe Aaron
In the Behbehin neighborhood
8/22/945
To the Israeli Court in Baghdad
Requesting your observations on the subject
and returning it 8/22/945
On behalf of the Minister of Justice