AI English Translation, Pages 601-625
The Israeli Religious Court: Baghdad:
Outgoing Number: 48
Date: 11/1
Subject: Sending a file
Bureau of Legal Codification
General Number 4 / ⟦282⟧ / 44
Date 20 / 10 / 945
Presidency of the Honorable Religious Court of Cassation
Based on the request made by the honorable administration
Please provide us with the cassation file for the lawsuit filed
Ibrahim Aki Al-Bey and his wife Rosa Harran and we will return it
to you after completing its audit ⟦...⟧
A copy of it to
The Israeli Religious Court in Baghdad - requesting to provide us
with the file related to the aforementioned lawsuit
mentioned in the research.
The Jewish Religious Court
In Baghdad, may God protect it
The Jewish Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
⟦line⟧
Number :: 521 | No. ::
Date :: 8/11/945 | Date ::
Telephone Number 3456
His Eminence Rabbi Sassoon Khedouri, the respected
President of the Jewish Community in Baghdad
Attached is the lawsuit file numbered 20/705 regarding
the lawsuit of Ibrahim Ishaq Al-Beel against his wife Rosa Waf -
We kindly ask you to submit it to the Ministry of Justice, Division of
Legal Codification, based on the request received from the aforementioned
division dated 20/10/945 and numbered
A/288/44. Please be informed that the mentioned file
contains (197) pages.
⟦signature⟧
On behalf of the President of the Religious Court
Sayyid Al-Bashu
Prepare the response ⟦illegible⟧
8/11
8976
9 November 945
The Honorable Ministry of Justice
Legal Codification Department - Baghdad
Reference to your letter numbered A/44/298 dated 30/10/945 to
the Israeli Religious Court in Baghdad.
We attach herewith the lawsuit file numbered 30/705 containing
(147) pages regarding the lawsuit of Ibrahim Ishaq Al-Baik and his wife Rosa Sarraf.
We request its return to us after you have finished reviewing it.
⟦illegible⟧
11/9
⟦signature⟧
On behalf of the Head of the Community
11/9
S Kh / A M
8522
Return of lawsuit file
6 December 945
His Eminence the President of the Jewish Religious Court
Baghdad
With reference to your letter No. 531 dated 8 / 11 / 945
We return to you the lawsuit file No. 30 / 705 regarding the lawsuit of Ibrahim
Isaac Al-Beik and his wife Rosa Sarraf, and we list below a copy of the letter of the
Honorable Ministry of Justice No. A / 298 / 45 dated 3 December 945 to act
according to its content, please.
⟦illegible⟧
12 / 6
Head of the Community
⟦line⟧
Presidency of the Jewish Community in Baghdad
In response to your letters No. 9476 and 9477 dated 9 and 12 / 11 / 45
We return to you herewith the two files No. 30 / 705 and 344 / 6 / 38 and we request
informing the petitioner Ibrahim Isaac Al-Beik that this Ministry did not find in
the case what necessitates reconsideration and the formation of the Special Council.
Minister of Justice
S / M
The Rabbinical Court of the Community
of Baghdad, May God Protect It
The Jewish Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
Telephone Number 3456
Number: 500
7 Number
Date: 22 / 10 / 925
7 Date
The Honorable Rabbi Sassoon Khedhouri
President of the Jewish Community, Baghdad
Enclosed is the lawsuit file numbered 705/100
concerning the case of Louise Ibrahim Abdul Aziz and her husband Gurji
Samuel Ezra Gabbay. Please be so kind as to submit it
to the Directorate of Legal Codification based on the request
received in the letter of the aforementioned department numbered 7/891
and dated 14 / 10 / 925.
Please be informed that the aforementioned
file contains (65) pages.
President of the Court
⟦signature⟧
Court of Appeal
Baghdad
Court of Cassation
Jewish Sharia - Baghdad
Number: 157
Date: 15 / Aug / 1927
From the presence of the honorable Hakham Bashi
The honorable judge of the Jewish community
After greetings
We present that in the case brought by Mrs.
Florence daughter of Ezra Dallal against her husband Isaac Dallal
In which a judgment was issued by the court 268 / 275
And the number of papers is (14)
It is necessary for you to attend the Court of Cassation
At eight o'clock on the morning of Wednesday
Corresponding to 14 / Ab / 1927
And remain for the sincere, President of the Court
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
8442
24 / 10 / 945
The Honorable Ministry of Justice
Legal Codification Bureau
Baghdad
⟦line⟧
Reference to your letter numbered 7/191 and dated 14/10/945
addressed to the Jewish Religious Court in Baghdad and a copy of it to
the Presidency of the Spiritual Court of Cassation.
We are sending you the two files pertaining to the lawsuit of Louise Ibrahim
Abdul Aziz and her husband Gurji Haskel Ezra Gabbay; the first numbered
705/101 containing (65) papers and the second numbered 375/368
containing (14) papers. We request their return to us after completing
their review.
Sassoon
Head of the Community
⟦illegible⟧
Court of Appeal
in Baghdad
Court of Cassation
The Israelite Sharia [Religious] - Baghdad
Number: 1592
Date: 7 / 1 / 1947
Designating from it a pair/division for Shimon
In the name of Abraham son of Isaac son of Kadhuri
Administrator of the estate ⟦illegible⟧ for ⟦illegible⟧
Date 22/11/946 discussed in the matters of the widow
for Sarah daughter of Ezra Kadhuri from it in it [weight/balance]
In this foundation of division ⟦illegible⟧ 262 and its passage (29)
404
Done in this and confirmed from it the widow
President of the Court
Sassoon Kadhuri
President
Presidency of the Israelite Community
Baghdad
Special Number 41
Date 2 / 12 / 1945
Presidency of the Jewish Community
Baghdad
Special No. 14
Date 22 / 11 / 1945
Please refer to the general number
Iraqi Government
Ministry of Justice
Division: Legal Codification Bureau
General No: 4 / 224 / 945
Telegraphic Address: Adliya
Date: November 1945
Subject Summary: ⟦line⟧
Presidency of the Jewish Community in Baghdad
Please send the primary and appellate files for the lawsuit between Rosa Haskel
and Reuben Saleh Sabti, and we will return them after finishing with them.
Minister of Justice
⟦illegible handwriting in blue ink⟧
⟦illegible stamp in blue ink⟧
8498
Sending a file
23 November 945
His Eminence, the President of the Israeli Religious Court of Cassation
His Eminence, the President of the Israeli Religious Court
Baghdad
We refer to you below a copy of the letter from the Honorable Ministry of Justice numbered A / 233 /
945 and dated 21 November 945 to respond to its content as quickly
as possible.
⟦signature⟧
On behalf of the Head of the Community
⟦line⟧
Please send the primary and cassation files for the lawsuit formed between Rosa
Haskel and Reuben Saleh Setti, and we will return them after finishing with them.
Minister of Justice
⟦illegible⟧
The Jewish Religious Court
In Baghdad, May God Protect It
The Jewish Religious Court - Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
Number: 580
Date: 24 ⟦Second⟧ Kanun
29/11/45
File Number 7/87
His Eminence Rabbi Sassoon Khedouri, Respectfully
President of the Jewish Community - Baghdad
With reference to your letter dated 22/11/945
And number 8498
We enclose the case file formed between Edward
Haqqi and Wardia Saleh Setti. Please kindly submit it
to the Honorable Ministry of Justice based on its request mentioned
in your referred letter, noting that it contains
(126) pages
⟦David S. Khedouri⟧
The President
Presidency of the Jewish Community
Baghdad
Private Number 27
Date 29/11/1945
⟦illegible⟧
8517
Sending a file
2 December 945
2
The Honorable Ministry of Justice
Baghdad
With reference to your letter numbered 945/232 (Bureau of Legal Codification)
And dated 21 November 945
We are sending you herewith the files of the primary and appellate lawsuit between Rosa
Hesqel and Robin Saleh Sabti; the first containing (146) pages and the second
containing (29) pages
Please return them after finishing with them.
⟦signature⟧
12/2
Head of the Community
S Kh / LM
The Righteous Court of Einbi
Baghdad, may God protect it
The Jewish Religious Court Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
Telephone Number 3456
Number: 7 Number 571
Date: 7 Date ⟦illegible⟧
Presidency of the Jewish Community
Number ⟦illegible⟧
Date 11/27/45
11/26/45
His Eminence Rabbi Sassoon Khedhouri, the respected
President of the Jewish Community. Baghdad
Enclosed are the originals of the two petitions referred to our court by the Ministry of Justice, the first dated 6/7/945
and the second dated 10/10/945, submitted to it by the petitioner Khedhouri Daoud Lwayya -
We request the favor of returning them to the aforementioned Ministry with our observations stated in the margin
written on them as follows:
First - The Jewish Spiritual Council had been accustomed to forming a committee
under its supervision called the "Spousal Conciliation Committee" for the purpose of working to bring harmony
between spouses when any dispute arises between them, through peaceful means, persuasion,
and guidance, instead of following legal procedures which are not without severity and which often
lead to the aggravation of the dispute.
On this basis, our court saw fit to present the dispute arising between
the petitioner and his wife to the aforementioned committee, in the hope of settling it amicably and ending
it at its inception. This does not mean the court's refusal to accept the petitioner's lawsuit,
as based on the petitioner's insistence, July 7, 945, corresponding to 7/18/45, was set as a date
to hear his lawsuit, and it was initiated according to the rules.
Second - The court was informed on 10/10/945, the day appointed to hear the petitioner's lawsuit
with his wife, that the wife was ill as a result of an operation on her breast. To verify this condition
before final judgment on the wife for recalcitrance, the hearing was adjourned to the following day when
the court sent an official accompanied by a government doctor. In view of the doctor's statement ⟦illegible⟧
- 1 -
The Jewish Religious Court
Baghdad, may God protect it
The Israeli Religious Court in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
Telephone Number 3456
Number ::
Our Number:
Date ::
Our Date:
- 2 -
stating the wife's need for rest with medical treatment due to the
opening surgery performed on her thyroid gland, the court has postponed the case
for the period recommended by the doctor, which is eight days starting from 11/10/1925
From this, it appears that the medical report, the subject of the petitioner's complaint,
was not submitted directly by the wife (the defendant) with the intent of postponement and prolonging
the case, and that the procedures taken by the court were intended to
reassure and confirm the wife's illness before ruling her as disobedient
and forfeiting marital rights, while taking into account what was stated in Article 140 of
the Code of Civil Procedure
⟦illegible⟧
The President
892
29 November 945
His Excellency the Respected Minister of Justice
With reference to your marginal note dated 14 / 11 / 945 regarding the referral of the petition of Mr. Khedhouri Daoud Alwaya
to the Religious Court for its opinion.
I list below for you a copy of the letter from the Israeli Religious Court No. 571 dated 26 / 11 / 45
regarding the subject.
His Eminence the Rabbi
For review please ⟦illegible⟧
11/29
On behalf of
Head of the Community
⟦line⟧
His Eminence the Respected Rabbi Sassoon Khedhouri
Head of the Jewish Community - Baghdad
Enclosed are the originals of the two petitions referred to our court by the Ministry of Justice, the first on 17 / 6 / 45
and the second on 14 / 10 / 945, submitted to it by the petitioner Khedhouri Daoud Alwaya. We request
kindly returning them to the aforementioned Ministry with a statement of our observations on the two marginal notes written on them
as follows:-
First - The Israeli Spiritual Council has consistently formed a committee under its supervision called the "Committee
for Reconciliation between Spouses" with the aim of working to establish harmony between spouses when any dispute occurs
between them, through peaceful means, advice, and guidance instead of following legal procedures which are not without
strictness and which often lead to the escalation of the dispute.
On this basis, our court saw fit to present the dispute arising between the petitioner and his wife to the committee
mentioned in the hope of settling it amicably and eliminating it from its inception. This does not mean the court's refusal
to accept the petitioner's lawsuit, as based on the petitioner's insistence, July 7, 945, corresponding to 18 / 6 / 45, was set
as a date for hearing his lawsuit, and it was initiated according to the due process.
Second - The court was informed on 10 / 10 / 945, the day set for hearing the petitioner's lawsuit with his wife, that the wife
is ill as a result of undergoing surgery on her breast. To verify this aspect before a final ruling against
the wife for recalcitrance, the court adjourned until the following day, when the court sent one of the process servers accompanied by
an official doctor ⟦accompanying⟧. In view of the doctor's statement including the wife's need for rest with treatment due to the
incision operation performed on her mammary gland, the court adjourned the lawsuit for the period recommended by
the doctor, which is eight days starting from 10 / 10 / 945.
From this, it is clear that the medical report, which is the subject of the petitioner's complaint, was not submitted directly by the wife
(the defendant) with the intent of delaying and prolonging the lawsuit, and that the procedures taken by the court were
intended to ensure and verify the claim of the wife's illness before a final ruling on her disobedience and the forfeiture of
her marital rights, while taking into account what was stated in Article 140 of the Code of Civil Procedure.
The President
⟦illegible⟧
The Religious Court of Justice
Baghdad, May God Protect It
The Jewish Religious Court Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
Telephone Number 3456
Number: 521
No:
Date: 4 / 11 / 945
Date:
His Eminence Rabbi Sassoon Khedhouri, the Respected
President of the Jewish Community - Baghdad
Enclosed is the ⟦summons⟧ of the lawsuit numbered 222 / 945
Regarding my famous house, Rabbi Nissim, filed against
Habiba daughter of Saqil, in addition to the estate of the deceased
Shaul Saqil ⟦...⟧ - we request the favor of submitting it
to the Ministry of Justice, the Legal Settlement Committee
based on the request received ⟦in the letter⟧ of the mentioned department
dated 20 / 10 / 945 and numbered A / 45 / 498
This is with the knowledge that the mentioned summons contains
<del>11</del> 2 pages
President of the Court
⟦illegible signature⟧
Mazal Tov
⟦circular stamp with illegible text⟧
Enter it
9 / 11
846
5 November 945
The Honorable Ministry of Justice
Legal Codification Department - Baghdad
Reference to your letter No. A / 45 / 448 dated 31 / 10 / 945 to
The Israeli Religious Court in Baghdad
Enclosed with this letter of ours, you will find the lawsuit file numbered 333 / ⟦945⟧
Containing 11 papers regarding the lawsuit of Mazli Eliyahu Hakham Nissim filed
Against Habiba daughter of Hesqel Balala in addition to the estate of the deceased Shaul Hesqel Munir
We request its return to us after you have finished reviewing it.
705
Outgoing
⟦signature⟧
11/5
Head of the Community
To be issued
11/5
8542
Sending a file
Urgent
19 December 945
The Honorable Ministry of Justice
With reference to our letter No. 4608 dated 5 November 945
Please send the lawsuit file No. 333 / 945 containing
11 papers and filed by Mazli Eliyahu Hakham Nissim against Habiba daughter of Ezekiel
Which we previously sent to you under our letter referred to above to the Presidency of
The Court of Cassation of Iraq, as the aforementioned court has requested it for review, provided that
It reaches them on Thursday, 20 / 12 / 945 before ten o'clock in the morning
morning.
His Eminence the Rabbi
On behalf of
The Head of the Community
⟦illegible⟧
12/19
Copy to: -
The Presidency of the Court of Cassation of Iraq with reference to your letter
No. 4 / 945 / Reference dated 17 / 12 / 945
Presidency of the Court of Cassation of Iraq
Baghdad
Number 945/4/Reference
Date 17 / 12 / 1945
Presidency of the Jewish Community
Incoming Number 720
Date 18 / 12 / 45
To the Presidency of the Jewish Community in Baghdad
Based on the petition submitted by Habiba daughter of Hesqel Meir, which includes
her request to designate the jurisdiction for the lawsuit filed in the Jewish Religious Court
by Mazli daughter of Eliyahu.
The Jurisdiction Designation Committee will convene on ⟦Sunday⟧ 23 / 12 / 945 ⟦Thursday⟧
to consider the case. Please kindly appoint a member to this committee
and instruct them to attend on the aforementioned day at 10:00 AM.
⟦illegible⟧
The President
A copy to - The Jewish Religious Court in Baghdad to send
the case files to us for review..
His Eminence the Rabbi
For information and to take the necessary action to appoint the member and attend the discussion
⟦illegible⟧
18 / 12
8544
Appointment of a member to the Reference Designation Committee
19 December 945
Presidency of the Iraq Court of Cassation
Baghdad
With reference to your letter numbered 4 / 945 Reference and dated 17 / 12 / 945
We have assigned the appointment of His Eminence Rabbi Salman Hoki Aboudi, President of the
Jewish Religious Court, as a member of the Reference Designation Committee which will convene on Thursday
corresponding to 20 / 12 / 945 to consider the petition submitted by Sabiha daughter of
Heskel Meir to your court, and we have written to the Honorable Ministry of Justice to send the case
papers to you for your review, as we had previously sent them to the aforementioned Ministry
based on its request.
⟦illegible⟧
Head of the Community
His Eminence the Rabbi
For implementation please
⟦signature⟧
12/19
Copies / M
Ministry of Justice
Accounting Division
Presidency of the Jewish Community
Number ⟦7420⟧ 22/7
Date ⟦28⟧ December / 945
Date 5 / 12 / 1945
Presidency of the Jewish Community in Baghdad
We send you herewith a payment authorization note numbered ⟦line⟧
and dated 12 / 5 / 945 for the amount of two Dinars for the stamp fine collected
from each of the lawyer Ibrahim Hazoum and Ezra Salman Bano, requesting the withdrawal of the mentioned amount
from the Central Treasury and the delivery of one Dinar to each of them and informing us of the receipt.
⟦signature⟧
On behalf of the Minister of Justice
Copy to ⟦line⟧
General Accounting Directorate — with reference to the Ministry of Finance letter numbered
13311 and dated 21 / 11 / 945.
Central Treasury Directorate — to disburse the mentioned amount and record it as a debit
against Article Three (Various Refunds) of
Chapter 24.
A. S.
The Iraqi Government
Presidency of the Court of Cassation of Iraq
Baghdad
Reference Number 45/4
Date 29 / 12 / 1945
Presidency of the Jewish Community / Baghdad:
Number: 97
Date: 1 / 1 / 45
Ministry of Justice
With reference to the letter from the Presidency of the Jewish Community in Baghdad numbered
8543 dated December 16, 1945, addressed to your Ministry
and a copy of it to us.
Please send the file of the conciliation lawsuit numbered 343 / 705
filed by Mazli Eliyahu Hakham Nissim against Habiba bint Hasqeel to us
before the day 3 / 1 / 1946.
⟦Haikal⟧
The President
And a copy of it to - Presidency of the Jewish Community in Baghdad
For information.
His Eminence the Rabbi
For your kind review
⟦illegible⟧
1/1
Iraqi Government
Ministry of Justice
Presidency of the Jewish Community
Number ⟦102⟧
Date 6 / ⟦1⟧ / 1946
Please refer to the general number
Legal Codification Bureau Division:
General Number G /: 45 / 448
Telegraphic Address: Justice:
Date :: 2 January - 1946
Subject Summary :: Appointment of Reference
Presidency of the Court of Cassation
In response to the correspondence ending with your letter numbered Reference 4 / 45 and dated 29 / 12 / 1945
You will find below a copy of the Legal Codification Bureau's decision dated 14 / 11 / 1945 with confirmation
And enclosed is the file pertaining to the mentioned lawsuit.
Minister of Justice
A copy of it to -
Presidency of the Jewish Community - with reference to its letter numbered 8460 and dated
5 / 11 / 1945 with the indication that the file was sent
to the Court of Cassation.
Opinion of the Bureau
⟦line⟧
With reference to your Excellency's marginal note dated 29 / 10 / 1945 written on the petition of Mr. Nusrat
Al-Farisi. The Bureau examined the petition of the aforementioned lawyer and found that the existing objection must
be resolved according to Article 2 of the Appointment of Reference Law No. 8 of 1929, which considered in its fourth
paragraph such cases as cases of conflict of jurisdiction. Therefore, the ruling on this
matter is not within the jurisdiction of this Bureau, but rather within the jurisdiction of the Appointment of Reference Committee according to
paragraph (b) of Article 4 of the mentioned law. 14 / 11 / 1945
8985
Formation of a Special Council
12 November 945
His Eminence, President of the Jewish Spiritual Council, Respected
Baghdad
With reference to the letter of the Honorable Ministry of Justice numbered 7/191 and dated 10
November 945, a copy of which was sent to you
Please provide us with a list containing the names of the Rabbis, other than the members, who
attended the Jewish Religious Court and the Jewish Sharia Court of Cassation
in the aforementioned lawsuit for the purpose of sending it to the Ministry of Justice to form the Special
Council from among those nominated from them.
On behalf of
Head of the Community
S. Kh. / A. M.
His Excellency the Rabbi
For notification please
⟦illegible⟧
12/11