AI English Translation, Pages 651-675
Baghdad 18 February 946
His Excellency the President of the Jewish Community in Baghdad, the Respected
After greetings and respect
From reviewing the draft law for the organization of religious courts for the Christian and Mosaic communities currently presented
for the approval of the National Assembly, we found that Article Four of that draft allows for legal experts who are not members of the clergy to be among the members of the religious courts.
Since the participation of non-spiritual men in the judiciary
according to the Mosaic Law is a matter contrary to this law and religiously prohibited according to paragraph 415 of the Filaiq
which states in its translation: ((It is not permissible to appoint a religious judge from persons who are not knowledgeable in religious matters,
even if he is knowledgeable in other matters.))
Therefore, we, the Jewish Spiritual Council in Baghdad, request Your Excellency to mediate to convey this
fact to the competent official authorities and to exert your effort to amend this article as far as it concerns
the Jewish community. With great respect to Your Excellency.
Sassoon Khedouri
Sassoon Khedouri
President of the Jewish Spiritual Council
Baghdad 18 February 946
His Excellency the President of the Jewish Community in Baghdad, the Respected
After greetings and respect
From reviewing the draft law for the organization of religious courts for the Christian and Mosaic communities currently presented
for the approval of the Parliament, we found that Article Four of that draft allows for legal experts
who are not clergy to be among the members of the religious courts. Since the participation of non-spiritual men in the judiciary
according to the Mosaic Law is a matter contrary to this Law and religiously prohibited according to Paragraph 415 of the Commandments
which states in its translation: ((It is not permissible to appoint a religious judge from persons who are not knowledgeable in religious
matters, even if he is knowledgeable in other matters))
Therefore, we, the Jewish Spiritual Council in Baghdad, have decided to request your Excellency to mediate in conveying this
fact to the competent official authorities and to exert your effort to amend this article as far as it concerns
the Jewish community, and to your Excellency further respect.
Sassoon Khedouri
Hakham Bashi
⟦illegible⟧
President of the Jewish Spiritual Council
Baghdad 18 February 946
His Excellency the President of the Jewish Community in Baghdad, the Respected
After greetings and respect
From reviewing the draft law for the organization of religious courts for the Christian and Mosaic communities currently presented
for the approval of the Parliament, we found that Article Four of that draft allows for legal experts
who are not clergymen to be among the members of the religious courts. Since the participation of non-spiritual men in the judiciary
according to the Mosaic Law is a matter contrary to this law and religiously prohibited according to Paragraph 415 of the Commandments,
the text of which translates to: ⟦It is not permissible to appoint a religious judge from persons who are not knowledgeable in religious
matters, even if he is knowledgeable in other matters⟧
Therefore, we, the Jewish Spiritual Council in Baghdad, have seen fit to request Your Excellency to mediate in conveying this
fact to the competent official authorities and to exert your effort to amend this article as far as it pertains
to the Jewish community, and to Your Excellency further respect.
Sassoon Khedouri
H.B.
A.B.D.
President of the Jewish Spiritual Council
Baghdad 12 February 946
His Excellency the Minister of Justice, the Respected
After greetings and respect
With reference to your judicial decision numbered A / 19 / 7 and dated 24 / 1 / 946 regarding my appointment as a member
in the Special Council that will look into the two cases discussed in your decision dated 5 / 1 / 46 and 22 / 1 / 46.
I request the acceptance of my resignation from the membership of the aforementioned Council due to the existence of a kinship between me and the member in
the aforementioned Council, Rabbi Haron Saleh Dori, as that kinship is what prevents me legally from looking
into this lawsuit. This is with your Excellency's further respect.
Sincerely
Rabbi Yusuf Hayyim Mu'allim Ezra
⟦Yusuf Mu'allim Ezra⟧
Copy to - His Excellency the President of the Respected Israelite Community
Baghdad 12 February 946
His Excellency the Minister of Justice, the Respected
After greetings and respect
With reference to your judicial decision numbered A/19/7 and dated 24 / 1 / 946 regarding my appointment as a member
in the Special Council that will consider the two cases discussed in your decision dated 5 / 1 / 46 and 22 / 1 / 46
I request the acceptance of my resignation from the membership of the mentioned Council due to the existence of a kinship between me and the member in
the mentioned Council, Rabbi Haron Saleh Dori, as that kinship is what prevents me legally from considering
this lawsuit. This is for your Excellency's further respect.
Sincerely
Rabbi Yusuf Hayyim Mu'allim Ezra
⟦signature⟧
Copy to - His Excellency the Head of the Israelite Community, the Respected
Baghdad on 12 / 2 / 1946
His Excellency the Minister of Justice, the respected
After greetings and respect
Reference to your judicial decision numbered A / 19 / 7 and dated 24 / 1 / 1946
regarding my appointment as a member of the Special Council that will look into the two cases discussed in your decision
dated 5 / 1 / 1946 and 22 / 1 / 1946.
I request the acceptance of my resignation from the membership of the aforementioned council due to the existence of a kinship
between me and the member of the Israeli Court of Cassation, Rabbi Eliyahu Shua, as that kinship
legally prevents me from looking into this lawsuit.
With further respect to Your Excellency.
⟦Eliyahu Shua⟧
⟦Abraham⟧
Sincerely
Rabbi Eliyahu Abraham
A copy of it to: -
His Eminence the President of the respected Israeli Community.
Iraqi Government
Ministry of Justice
Presidency of the Jewish Community
Number 188
Date 21 / 2 / 1946
Please refer to the general number
Division: Legal Codification Bureau
General Number: A / 19 / 1 / 11
Subject Summary: Kinship of the Special Council members
Telegraphic Address: Adliya
Date: 22 February 1946
Presidency of the Jewish Community
Baghdad
✓
With reference to the two resignation letters of Rabbis Yosef Hayyim Moallem Ezra and Eliyahu Ibrahim
dated 12 / 2 / 1946.
1. We noticed that the two letters were written in the same style, the same language, the same typewriter, and the same date.
This is one of the strange coincidences that indicate the Council does not wish to meet
for reasons that are almost hidden; otherwise, the resignations would not have been repeated.
2. We find no benefit in accepting the resignation of the aforementioned two Rabbis unless they first clarify the degree
of kinship, so that we may know if this kinship is a legal impediment to
their participation in the aforementioned Council. We hope to receive the answer as soon as possible and not
allow any room for delay.
⟦signature⟧
Minister of Justice
A copy to:
Rabbi Eliyahu Ibrahim
Rabbi Yosef Hayyim Moallem Ezra
A. Al-Shibli
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24 February 946
His Eminence Rabbi Eliyahu Ibrahim
His Eminence Rabbi Yusuf Hayyim Mu'allim Ezra
Reference to the letter of the venerable Ministry of Justice No. A/11/1/19 dated
20 / 2 / 946
I request that you inform me urgently of the degree of kinship that prevents you from participating
in the Special Council, and I also request that you mention the specific chapter and paragraph containing the provisions
that support your prevention from participating in the Special Council.
Sassoon
Head of the Community
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24 / 2
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Self-card installation
30 / 10 / ⟦illegible⟧
Presidency of the Jewish Community
Number ⟦192⟧
2/25/1946
His Excellency the President of the ⟦Jewish⟧ Community, Respected
With reference to your letter dated February 24, 946, which includes
your notification of the type of kinship that binds me with the Professor in the Special Council, my lord, since
one of the members of the Special Council, who is Rabbi Haron Saleh Darwish, is
my wife's maternal uncle, I am not permitted to participate in the aforementioned council, and that is
according to the provisions of (Choshen Mishpat) Chapter (7) Paragraph (9)
and Chapter (33) Paragraph (2). This is for your command, my lord.
Sincerely, Yusuf Hayim Moallem Ezra
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Presidency of the Jewish Community
192
2/25/1946
His Eminence Rabbi Sassoon Khedhouri, Respectfully
President of the Jewish Community - Baghdad
With reference to your letter dated February 24, 1946
The degree of my kinship to Rabbi Elia Shoa, member of
the Court of Cassation, is that I am the husband of the sister of the aforementioned Rabbi,
And in view of the Jewish Law (Choshen Mishpat Chapter 22, Article
2, 7), I am not permitted to consider a lawsuit in which my aforementioned relative
participated in issuing decisions.
Rabbi Elia Haidar Abraham
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8668
26 February 946
27
Kinship of the Special Council members
The Honorable Ministry of Justice -
Baghdad
Reference to your letter numbered A/11/1/16 and dated 20 February 946
Enclosed you will find the original of the two letters received by us from Rabbi Eliyahu Ibrahim
and Rabbi Yusuf Habib Moallem Ezra, stating in them the degree of their kinship to the members of the
Special Council as per your request.
⟦signature⟧
2/26
Sassoon
Head of the Community
Attachments
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2
⟦illegible⟧
Guarantor
Return of File
26 February 946
His Eminence the President of the Jewish Religious Court
Baghdad
Reference to your letter No. 755 dated 18 / 2 / 946
We return to you herewith the case file No. 190 / 705 concerning Yusuf
Salman and his wife, returned to us by the Ministry of Justice after they finished with it.
⟦signature⟧
26 / 2
Head of the Community
Copy to -
His Eminence the President of the Jewish Sharia Court of Cassation in Baghdad
We return to you herewith the case file mentioned above, numbered 379
and sent to us under your letter No. 1621 dated 18 / 2 / 946
1722
16 / 7 / 946
4 / 24 / 46
His Excellency the Honorable Minister of Justice
Presented to Your Excellency
I and my wife are Iraqis registered in the census records and we have not changed our nationality. My marriage was contracted
to my wife named (Rima Sayon, a resident of the Mahdiya neighborhood) in Baghdad, and God has blessed me with ⟦three⟧
young sons and a daughter. In the year 1941, when fear befell us, the Israelite community,
we directed the family to Palestine (Tel Aviv). When the situation settled, I returned to my Iraqi
homeland in which I grew up and lived off its soil and bounties, and I will not prefer any homeland over it. And when
I asked my wife to agree to leave Palestine, she did not agree with me, so she remained there and still is,
she and my children. The Israelite Sharia Court in Baghdad forced me to comply with my aforementioned wife's
wishes and go to Palestine, while I am not willing to do so. It forced me to accept one of two things:
either going or paying maintenance for her and my children amounting to fourteen dinars per month, i.e., lira
only - 6 - dinars. I appealed this decision in the same Israelite Sharia Court but did not obtain a
result. Since the court's decision is contrary to the constitution and Israelite religious custom, I see
myself as victimized. I hope your esteemed ministry will mediate in resolving this constitutional violation -
issued against me by the Israelite Council, as the decision is contrary to custom, for it has changed the religious
custom and did not charge my wife with obedience (i.e., the necessity of her return and her obedience to me) since I am her husband and residing
in my homeland and there is no danger to me. The Israelite Sharia Court should have rejected my wife's request and deprived her
of maintenance as long as she insists on not obeying her husband (me), and she is considered legally and lawfully recalcitrant,
having forfeited her legal rights, including maintenance, and she has no right to claim maintenance for herself as long as she refuses
to obey me. Since I have no means of living other than my means in Iraq and I do not wish
to go there at all, I repeat my plea to your esteemed ministry for your mediation
with this commission that has pursued me, to lift it from me by one of two things: saving me from the maintenance
imposed on me without any legal right, or compelling the Sharia Court to compel my wife -
(the plaintiff) to return to the marital home for obedience. By this, you guarantee that legal and
constitutional rights are not tampered with. God is the Guardian, and to you thanks, sir.
The Petitioner
Youssef Salman
The dresser in the clinic of Dr. Emile Sweih
Al-Rashid Street, Baghdad
16 / 7 / 1946
946 / 7 / 16
4 / 24 / 46
The Israelite Religious Court in Baghdad
Requesting observations on the subject
and returning it - 7 / 7 / 946
On behalf of the Minister of Justice
The Religious Court of the Community
Baghdad, May God Protect It
Jewish Religious Court - Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
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Number: 712
Date: 1/24/1946
File Number: 190 / 705
Presidency of the Jewish Community
Number ⟦illegible⟧ 124
Date 1/28/1946
His Excellency the Respected Governor of Baghdad
President of the Jewish Community in Baghdad
Attached is the original petition referred to us by the Ministry of Justice and submitted by
the petitioner Yusuf Salman. Please kindly return it while providing the following
observations:-
The petitioner's wife had filed a lawsuit before our court requesting
a judgment for alimony from her husband due to his leaving her in Palestine without
any provider, and for his refusal to arrange the means for her return to Iraq and for his failure to
pay the debts incurred by him during the migration to cover the household expenses for her
and her children. When the court instructed the petitioner on the necessity of visiting the competent departments
to obtain a passport for his wife and children at the session on 10/1/1945, through
his attorney, he abandoned his previous requests and requested a review of the adjustment of the amount of alimony awarded.
From this, it is clear that our court did not force the petitioner to remain
in Palestine and stay with his wife; rather, the truth confirms that the petitioner's wife is the one who
requested to return to Iraq after she was unable to force her husband to do so, and in view of
his refusal to do so, it was decided to sentence him to pay alimony.
⟦illegible signature⟧
The President
8607
30 January 946
The Honorable Ministry of Justice
Reference to your marginal note numbered A/46/32 and dated 17 / 1 / 946 regarding the referral of the petition of the person named
Yusuf Salman to the Israeli Religious Court for observation
Enclosed is the original petition of the person named Yusuf Salman, and we list below the observations of the aforementioned court regarding
the subject :-
"The petitioner's wife had filed a lawsuit before our court requesting a judgment for alimony against her husband
due to him leaving her in Palestine with her children without any provider and for failing to provide the means for her
to return to Iraq and for his failure to pay the debts incurred by him during his abandonment of her
to cover the living expenses for her and her children. When the court instructed the petitioner of the necessity of visiting
the competent departments to obtain a passport for his wife for her return, he stated at the session on 1 / 8 / 945
through his attorney that he abandoned his previous requests and requested a review of the adjustment of the amount of alimony awarded
and from this it appears that the court did not force the petitioner to travel to Palestine and join
his wife, and the truth of the matter is that the petitioner's wife is the one who requested to return to Iraq after
her husband paves the way for her to do so, and in view of his refusal to do so, it was decided to sentence him to alimony."
Alawi
Head of the Community
⟦illegible⟧
1/30
Attachments:
Petition of the person named Yusuf Salman
Presidency of the Jewish Community
Number 855
Date 5 / 2 / 1946
Iraqi Government ⟦line⟧
Ministry of Justice ⟦line⟧
Editing Department ⟦line⟧
Number - A / 20 / 46
Date - 19 / 2 / 946
Presidency of the Jewish Community in Baghdad
With reference to your letter numbered 8607 and dated January 30 / 1946.
Please provide us with the case file formed between the petitioner Yusuf Salman and his wife named
Rima daughter of Sion for review, and we will return it to you after finishing with it.
Acting Minister of Justice
Jamal
Sending a file
11 February 946
His Eminence the President of the Israeli Sharia Court of Cassation
His Eminence the President of the Israeli Religious Court
Baghdad
We send to you below a copy of the letter from the Honorable Ministry of Justice numbered A/46/32
and dated 4 / 2 / 1946, kindly send the file under discussion
as quickly as possible.
⟦signature⟧
Head of the Community
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Presidency of the Israeli Community in Baghdad
With reference to your letter numbered 8607 and dated 30 January 946
please provide us with the case file formed between the petitioner Yusuf Salman
and his wife named Rima bint Sahyun for review, and we will return it to you
after finishing with it.
Acting Minister of Justice
Court of Appeals
Baghdad
Court of Cassation
The Israelite Sharia [Religious Court] - Baghdad
Number: 1621
Date: 17 / Adar I / 703
Presidency of the Community ⟦illegible⟧
Number ⟦illegible⟧ 174
Date 18 / 2 / 1946
Maimon ⟦...⟧ Hakham Moshe Palagi ⟦...⟧
Ali in ⟦...⟧ the Kadoorie School
Letter ⟦...⟧ ⟦illegible⟧ / 8629 / ⟦...⟧ ⟦...⟧
11 / 2 / 946
We, the Court of Appeals ⟦...⟧
279 ( ⟦...⟧ ) ⟦...⟧ ⟦...⟧
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The Religious Court of the Holy Community
Baghdad, May God Protect It
The Jewish Religious Court - Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
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Number: 755
Date: 18 / 2 / 946
File Number: 890 / 707
His Eminence the Honorable Hakham Bashi
President of the Jewish Community in Baghdad
With reference to your letter numbered 8629 and dated
11 February 946
We send herewith attached this file numbered
890 / 705 regarding the lawsuit of Rahma Zion Salman and her husband
Yusuf Salman. Please kindly submit it to the Diwan of
the Ministry of Justice based on its letter numbered A / 22 / 46, noting
that it contains 28 pages.
The President
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Sassoon Khedouri
Presidency of the Jewish Community
175
18 / 2 / 1946
8658
Sending two files
19 February 946
The Honorable Ministry of Justice
Reference to your letter numbered A/46/32 and dated 4 / 2 / 946
We send to you attached to this letter of ours the two case files formed between Yusuf Salman
and his wife Reneh daughter of Sion numbered 190 / 705 and 379, the first containing
28 pages and the second 7 pages
Please be so kind as to return them to us after finishing with them.
⟦signature⟧
19 / 2
On behalf of the Head of the Community
Attachments
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File No. 190 / 705 (containing 28 pages)
File No. 379 (containing 7 pages)
1 April 946
Ministry of Justice
Baghdad
Reference to your letter No. 41/21 dated 3/27/946
Every group of Israelites needs a private well for washing in it according to
the requirements of religious rituals, but we see no objection to dispensing with the well
under discussion located in the house of Khedouri Sassoon Moshe if there is
another well in Diwaniyah that can be used for this purpose.
Alwan
Head of the Community
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4/1
Sending a file
April 12, 946
Baghdad Peace Court
With reference to your letter No. 8001 dated 4/9/946 addressed to the
Jewish Religious Court in Baghdad.
We are enclosing herewith the case file No. 69 / 706 regarding the lawsuit of Salim Hanouka
and Saida Shaul Mishal, containing 17 pages, for your kind review
and to be returned to us after you are finished with it.
⟦signature⟧
4/12
Head of the Community
Attachments
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A file containing 17 pages.
Iraqi Government
Ministry of Justice
Department: Accounting
General Number: 41/21
Telegraphic Address: Adliya
Date: March 1946
Presidency of the ⟦illegible⟧ Community
279
21/2/46
Very Urgent
Subject Summary: ⟦line⟧
Presidency of the Jewish Community in Baghdad
In view of the extreme and pressing need, this Ministry has decided to seize the house located
in the Diwaniyah Province belonging to Khedhouri Sassoon Moussa in order to be occupied by the
Diwaniyah Single Court. When the owner was notified of this decision by the Provincial Governorate and requested
to appoint a representative for the committee formed to estimate its rental value, the aforementioned person
submitted a petition requesting to cease the completion of the seizure process of the house, based on the existence
of a sacred well in it, which is an endowment for the entire Jewish community in the province for ritual washing
according to religious custom. Therefore, we hope that you will confirm this to us and indicate whether
it is possible to dispense with this well from a religious perspective so that we may consider the
matter as quickly as possible.
On behalf of the Minister of Justice
His Excellency the President
I suggest inquiring with the Rabbi
responsible in Diwaniyah
Your orders please
2/21
A. Al-Shibli
8787
28 April 946
Return of a file
His Eminence the President of the Jewish Religious Court
Baghdad
We return to you, accompanied by this letter, the file numbered 363 regarding
the lawsuit of Farha Eliyahu Qattan and Salim Mu'allim Daoud (131 pages), which was returned
to us from the Personal Status Court.
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4/28
On behalf of the Head of the Community
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