AI English Translation, Pages 701-725
Explanatory Memorandum
for the Draft Law Amending the Jewish Community Law
No. 77 of 1931.
Paragraph (3) of Article (5) of the Jewish Community Law No. 77 of 1931 permitted
the review of decisions of religious courts by a special court, and stipulated that this
court be formed under the chairmanship of the Chief Rabbi and the membership of four members of the Spiritual Council in Baghdad, provided that none
of them was a member of the court that issued the appealed judgment.
Since the Chief Rabbi is elected by the General Council when this position becomes vacant,
it may happen that the person elected to this position is a member of the religious court, making it impossible in this
case for him to preside over the Court of Cassation according to the aforementioned paragraph. In this situation, it was found necessary to amend
the paragraph on the basis of the permissibility of forming a court under the name "Jewish Spiritual Court of Cassation" consisting of
the Chief Rabbi of the Baghdad community and four members of the Spiritual Council who are not members of the religious courts.
In the absence of the President or the impossibility of his attendance, the oldest member shall preside over the said council, and the
quorum shall be completed in the manner set forth in paragraph (4) of Article (15) of the original law.
The practice followed was for the religious courts and the Jewish Court of Cassation to consult on
the cases presented to them. Since harm was found in this method, the amendment stipulated
the impermissibility of extracting an opinion between these two courts in cases being considered by them,
and the amendment required each of them to decide on the case without the participation of the other council.
(Paragraph - H).
Since the legal method followed is that decisions issued by the Islamic Sharia Cassation Councils
are subject to a request for reconsideration by the Ministry if a clear error, ambiguity, or apparent contradiction is found
in the issued judgment, it was found necessary to accept the principle of the permissibility of reconsidering
decisions issued by the Jewish Spiritual Court of Cassation by a special council formed by
the Minister of Justice from five rabbis registered in the Register of Rabbis, and the decision of this
special council shall be final ((Paragraphs - E - F)).
Explanatory Memorandum
for the Draft Law Amending the Jewish Community
Law No. 77 of 1931
⟦line⟧
Paragraph (3) of Article (5) of the Jewish Community Law No. 77 of 1931 permitted
the review of decisions of religious courts by a special court, and stipulated that this
court be formed under the chairmanship of the Chief Rabbi and the membership of four from the Spiritual Council in Baghdad, provided that
none of them were members of the court that issued the appealed judgment.
Since the Chief Rabbi is elected by the General Council when this position becomes vacant,
it may happen that the person elected to this position is a member of the religious court, making it impossible in this
case for him to preside over the Court of Cassation according to the mentioned paragraph. In this situation, it was found necessary to amend
the paragraph on the basis of permitting the formation of a court named "The Jewish Spiritual Cassation Council," consisting of
the Chief Rabbi of Baghdad and four members of the Spiritual Council who are not members of the religious
courts. In the absence of the President or the impossibility of his attendance, the said Council shall be presided over by the eldest member, and the
quorum shall be completed in the manner set forth in paragraph (4) of Article (15) of the original law.
The practice followed was for the religious courts and the Jewish Court of Cassation to consult on
the cases presented to them. Since harm was found in this method, the amendment stipulated
the impermissibility of seeking opinions between these two courts in the cases being considered by them,
and the amendment required each of them to decide on the case without the participation of the other council.
(Paragraph - H).
Since the legal method followed is that decisions issued by the Islamic Sharia
Cassation Councils are subject to a request for review by the Ministry if a clear error,
ambiguity, or obvious contradiction is found in the issued judgment, it was found necessary to accept the principle of the permissibility of reviewing
decisions issued by the Jewish Spiritual Cassation Council by a special council formed by
the Minister of Justice from five rabbis registered in the Register of Rabbis, and the decision of this
special council shall be final ((Paragraphs - E - F)).
⟦line⟧
Explanatory Memorandum
for the Draft Law Amending the Jewish Community Law
No. 77 of 1931.
Paragraph (3) of Article (5) of the Jewish Community Law No. 77 of 1931 permitted
the review of decisions of religious courts by a special court, and stipulated that this
court be formed under the chairmanship of the Chief Rabbi and the membership of four members of the Spiritual Council in Baghdad, provided that
none of them were members of the court that issued the appealed judgment.
Since the Chief Rabbi is elected by the General Council when this position becomes vacant,
it may happen that the person elected to this position is a member of the religious court, and in this case,
it becomes impossible to form the Court of Cassation according to the mentioned paragraph. In this situation, it was found necessary to amend
the paragraph on the basis of the permissibility of forming a court under the name "Jewish Spiritual Court of Cassation" consisting of
the Chief Rabbi of the Baghdad community and four members of the Spiritual Council who are not members of the religious courts.
In the absence of the President or the impossibility of his attendance, the oldest member shall preside over the said council, and the
quorum shall be completed in the manner set forth in paragraph (4) of Article (15) of the original law.
The followed method was for the religious courts and the Jewish Court of Cassation to consult on
the cases presented to them. Since harm was found in this method, the amendment stipulated
the impermissibility of seeking opinions between these two courts in the cases being considered by them,
and required each of them to decide on the case without the participation of the other council.
(Paragraph - C).
Since the legal method followed is that decisions issued by the Islamic Sharia Cassation Councils
are subject to a request for review by the Ministry if a clear error, ambiguity, or apparent contradiction
is found in the issued judgment, it was found necessary to accept the principle of the permissibility of reviewing
decisions issued by the Jewish Spiritual Court of Cassation by a special council formed by
the Minister of Justice from five rabbis registered in the Register of Rabbis, and the decision of this
special council shall be final ((Paragraphs - E - F)).
Explanatory Grounds
for the Draft Law Amending the Law of the Jewish Community
No. 77 of 1931.
Paragraph (3) of Article (5) of the Jewish Community Law No. 77 of 1931 permitted
the review of decisions of religious courts by a special court and required that this
court be formed under the chairmanship of the Chief Rabbi and the membership of four from the Spiritual Council in Baghdad, provided that
none of them were members of the court that issued the appealed judgment.
Since the Chief Rabbi is elected by the Spiritual Council when this position becomes vacant,
it may happen that the person elected to this position is a member of the religious court, making it impossible in this
case to chair the Court of Cassation according to the mentioned paragraph. In this situation, it was found necessary to amend
the paragraph on the basis of the permissibility of forming a court under the name "Jewish Spiritual Cassation Council" consisting of
the Chief Rabbi of the Baghdad community and four members of the Spiritual Council who are not members of the religious courts.
In the absence of the President or the impossibility of his attendance, the oldest member shall chair the said council, and the
quorum shall be completed in the manner set forth in paragraph (4) of Article (15) of the original law.
The practice followed was for the religious courts and the Jewish Court of Cassation to consult on
the cases presented to them. Since harm was found in this method, the amendment stipulated
the impermissibility of seeking opinions between these two courts in the cases presented to them by them,
and required each of them to decide on the case without the participation of the other council.
(Paragraph - C).
Since the legal method followed is that decisions issued by the Islamic Sharia Cassation Councils
are subject to a request for review by the Ministry if a clear error, ambiguity, or apparent contradiction
is found in the issued judgment, it was found necessary to accept the principle of the permissibility of reviewing
decisions issued by the Jewish Spiritual Cassation Council by a special council formed by
the Minister of Justice from five of the rabbis registered in the Register of Rabbis, and the decision of this
special council shall be final ((Paragraphs - D - F)).
4
Explanatory Memorandum
for the Draft Law Amending the Jewish Community Law
No. 77 of 1931.
Paragraph (3) of Article (5) of the Jewish Community Law No. 77 of 1931 permitted
the review of decisions of religious courts by a special court, and stipulated that this
court be formed under the chairmanship of the Chief Rabbi and the membership of four from the Spiritual Council in Baghdad, provided that
none of them were members of the court that issued the appealed judgment.
Since the Chief Rabbi is elected by the Spiritual Council, this position has been established,
and it may happen that the person elected to this position is a member of the religious court, making it impossible in this
case to form the Court of Cassation according to the mentioned paragraph. Therefore, it was found necessary in this situation to amend
the paragraph on the basis of allowing the formation of a court named the "Jewish Spiritual Cassation Council" consisting of
the Chief Rabbi of the Baghdad community and four members of the Spiritual Council who are not members of the religious
courts. In the absence of the President or the impossibility of his attendance, the said Council shall be chaired by the eldest member, and the
quorum shall be completed by the majority specified in paragraph (2) of Article (15) of the original law.
The followed method has shown that the decisions of the religious courts and the Jewish Court of Cassation in
the cases presented to them, and since a defect was found in this method, the amendment stipulated
the impermissibility of consulting opinions between these two courts in the cases being considered by them,
and the amendment required each of them to decide on the case without the participation of the other council.
(Paragraph - H -).
Since the followed legal rules dictate that decisions issued by the Islamic Sharia
Cassation Councils are subject to a request for review by the Ministry if a clear error,
ambiguity, or apparent contradiction is found in the issued judgment, it was found necessary to accept the principle of the permissibility of reviewing
decisions issued by the Jewish Spiritual Cassation Council by a special council formed by
the Minister of Justice from two rabbis registered in the Register of Rabbis, and the decision of this
special council shall be final ((Paragraphs - I - J -)).
Explanatory Grounds
for the Draft Law Amending the Jewish Community Law
No. 77 of 1931.
Paragraph (2) of Article (5) of the Jewish Community Law No. 77 of 1931 permitted
the review of decisions of religious courts by a special court and stipulated that this
court be formed under the chairmanship of the Chief Rabbi and the membership of four from the Spiritual Council in Baghdad, provided
that none of them were members of the court that issued the appealed judgment.
Since the Chief Rabbi is elected by the General Council when this
position becomes vacant, and it may happen that the person elected to this position is a member of the religious court, and in
this case, his chairmanship of the Court of Cassation according to the mentioned paragraph would occur, it was found in this situation
necessary to amend the paragraph on the basis of the permissibility of forming a council under the name "The Jewish Spiritual Court of Cassation"
consisting of the Chief Rabbi of the Baghdad community and four members of the Spiritual
Council who are not members of the religious courts. In the absence of the President or the impossibility of his attendance, the said council
shall be chaired by the eldest member, and the quorum shall be completed in the manner set forth in paragraph (4) of Article (15)
of the original law.
The followed method was for the religious courts and the Jewish Court of Cassation to consult
on the cases presented to them, and since harm was found in this method, it has been
amended to prohibit the exchange of opinions between these two courts in cases being considered
by them, and the amendment required each of them to decide on the case without the participation of the
other council (Paragraph - C).
As the followed legal method is that decisions issued by the Islamic Sharia
Courts of Cassation are subject to a request for review by the Ministry if a clear error,
ambiguity, or apparent contradiction is found in the issued judgment, it was found necessary to accept the principle of the permissibility of
reviewing decisions issued by the Jewish Spiritual Court of Cassation by a special council
formed by the Minister of Justice from five lawyers registered in the Register of Lawyers,
and the decision of this mentioned council shall be final (Paragraphs - D - and E).
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⟦...⟧ Head of the Community ⟦...⟧
20 / 5 / ⟦...⟧
The Iraqi Government
Ministry of Justice
Number: ⟦illegible⟧/A
Date: 8 September / 1946
Legal Codification Bureau Division
Subject Summary: Request for lawsuit files
Presidency of the Jewish Community in Baghdad ⟦line⟧
Based on the request made regarding the review, please provide us with the file
of the Sharia lawsuit formed between the plaintiff Juliet Yusuf Sofair and her fiancé
Ibrahim Ezra Sofair, which is located in both the Jewish Religious Court
and the Jewish Sharia Court of Cassation, and we will return it to you immediately
after finishing with it.
⟦signature⟧
Minister of Justice ⟦line⟧
12 September 946
His Eminence, the President of the Respectable Israeli Spiritual Council
" The President of the Respectable Israeli Religious Court
We transmit to you below a copy of the letter from the Honorable Ministry of Justice numbered A/946/528 and 1)
dated 8 September 946, for the favor of sending the requested files.
Head of the Community
⟦line⟧
Based on the request made regarding the reconsideration, please provide us with the file of the Sharia lawsuit
formed between the plaintiff Juliet Youssef Sofair and her fiancé Ibrahim Ezra Sofair
which is present in both the Israeli Religious Court and the Israeli Sharia Court of Cassation
and we will return it to you immediately after finishing with it.
Minister of Justice
235/55/1/3
Presidency of the Jewish Community
⟦illegible⟧
Regarding the correction of the omission occurring
in the Civil Registry for the year 1947 concerning the person named ⟦illegible⟧
Registered in the register of ⟦illegible⟧ district ⟦illegible⟧ house number ⟦illegible⟧
According to the Iraqi Nationality Certificate numbered ⟦illegible⟧ and dated ⟦illegible⟧
Based on the Birth Certificate numbered ⟦illegible⟧ and dated ⟦illegible⟧
Issued by ⟦illegible⟧
⟦illegible⟧
The Religious Court of the Holy Community
Baghdad, may God protect it
The Jewish Religious Court - Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
⟦line⟧
Number: 1009
Date: 16 / 9 / 1977
File Number: 145 / 707
His Eminence Rabbi Sassoon Khedhouri, the respected
President of the Mosaic Community, the respected
Reference to your letter dated 14 / 9 / 77 and number 9022
We send with this letter of ours the personal file
regarding the lawsuit of Juliet Youssef Sooneh and Fatima Ibrahim Sooneh
for the purpose of kindly submitting it to the Ministry of Justice
the esteemed, as requested. Note that it contains 44 pages.
The President
Ezra Isaac
Ezra Isaac
Court of Appeal
Baghdad
Court of Cassation
Israeli Sharia - Baghdad
Number: 1729
Date: 20 / March / 1947
Muhammad Zahir Effendi Fadhel
Attorney for Fahima Farhan Farhan
Shalom Al-Kanabis in ⟦case⟧ 19/47
In the courts 19/3/947 we are the circle of
The Mosaic Spiritual Council (944) and issued
(18) days on the date as well and that these
In it is an amendment to the ruling in it
Regarding the appellant in his property
Send
⟦illegible⟧
⟦illegible⟧
⟦illegible⟧
September 16, 946
His Eminence, the President of the Honorable Israeli Religious Court
We transmit to you below a copy of the letter from the Baghdad District Police Directorate No. 73195
dated 9/14/946, requesting your opinion on the matter.
Head of the Community
⟦line⟧
Juliet daughter of Yusuf Hayyim, residing in the Taura neighborhood, submitted a petition to
the Northern Rusafa Investigating Judge, claiming that the person named Ibrahim
Sofer had proposed to her five years ago and registered her engagement contract in the
Spiritual Council of the community in Baghdad. After that, the aforementioned person approached the Spiritual Council
again and annulled the engagement to the aforementioned woman and entered into a second engagement with the girl Eliza
daughter of Ezra. Therefore, please inform us of the degree of truth in the claim of the mentioned <del>⟦plaintiff⟧</del> petitioner
and whether this is permissible in the Mosaic Law or not.
The Israeli Religious Court
in Baghdad
Jewish Religious Court
in Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
Number: 1045
Date: 27 / 10 / 946
File Number: 145 / 702
His Eminence Rabbi Sassoon Khedhouri, the respected
President of the Jewish Community in Baghdad first
Reference to your letter numbered 9044 and dated September 16, 1946, and in continuation of our letter
numbered 1022 and dated 22 / 9 / 946
We inform you that the engagement took place between Juliet Yusuf Sofer
and Ibrahim Ezra Shalom Sofer without the presence of the contract registrar, then the contract was registered
on February 26, 1945, corresponding to 12 / 2 / 945, and after a period of time
had passed, the aforementioned fiancé entered into another engagement with the girl
named Bertha Ezra Yaqub Hay on March 17, 1946
corresponding to 18 / 3 / 946, without the Rabbi who performed
that being aware of the first engagement.
The current custom and tradition prevent the fiancé from performing a second engagement without
the consent of the first fiancée or by permission from the Religious Court.
Accordingly, this court has previously issued a ruling requiring
the aforementioned fiancé to pay (700) seven hundred Dinars as compensation
to his first fiancée if he wishes to divorce her and marry his second fiancée -
The President
⟦illegible signature⟧
Hezekiah Shmuel
Rabbi of Baghdad
18 September 946
The Honorable Ministry of Justice
Baghdad
Legal Codification Bureau
Reference to your letter numbered 4 / 528 / 946 and dated 8 / 9 / 946
We attach with this letter the two Sharia files concerning Ibrahim Ezra
Munir and his fiancée Juliet Youssef Sofair; the first belongs to the Religious Court No. 45 / 1
706 containing 46 papers, and the second belongs to the Sharia Court of Cassation No. 442
containing ( 18 ) papers, based on your request.
We kindly ask you to return them to us after you are finished with them.
Head of the Community
The Israeli Religious Court
in Baghdad
The Court of Justice
Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
⟦line⟧
Number :: 9044
Date :: 22 / 9 / 46
File Number:
His Eminence Rabbi Sassoon Khedouri, the respected
President of the Jewish Community in Baghdad
Reference to your letter numbered 9044 and dated 22 / 9 / 946
We are unable at the present time to respond to your letter
mentioned above, given that the case file pertaining
to Juliet Youssef Hayyim and her fiancé is currently with the Ministry
of Justice.
The President
⟦illegible signature⟧
Moshe Tsedaka
Baghdad District Police Directorate
Investigations
Number ⟦illegible⟧
Date 12 / 9 / 1946
His Excellency the Head of the Jewish Community in Baghdad
Subject / Inquiry
Juliet daughter of Yusuf Hayyim, residing in the Taura neighborhood, has submitted a petition to the Investigating Judge
of Northern Rusafa claiming that the person named Ibrahim Sofer had proposed to her five years ago
and registered her engagement contract in the Spiritual Council of the community in Baghdad, and after that the aforementioned person
visited the Spiritual Council again and annulled the engagement to the aforementioned woman and entered into a second engagement with the girl Eliza daughter of Ezra.
Please inform us of the degree of truth in the aforementioned petitioner's claim and whether this is permissible in the Mosaic Law
or not.
Director of Baghdad District Police
A copy of it to
Assistant Police of Al-Sarai - for information, referring to his marginal note numbered 15918 on 8 / 9 / 1946
25 September 946
Baghdad District Police Directorate
Reference to your letter No. 19573 dated 16 / 9 / 946
The Israeli Religious Court in Baghdad has replied to your letter referred to
above as follows :-
"We are unable at the present time to respond to your above-mentioned letter given
that the case file concerning Juliet Yusuf Hakim and her fiancé is currently
with the Ministry of Justice"
Head of the Community
⟦illegible⟧ Fugitives
Date ⟦line⟧
1- Remarks 2- His photograph (if any) 3- His means of living if he remains a fugitive (if possible) | Liwa Serial Number, Number and Date of the Arrest Warrant, and the Issuing Authority with a statement of the charge assigned to him and its legal article | Places he is likely to take refuge in | ⟦illegible⟧ and addresses of relatives
| If he was a repeat offender, his fingerprint sheet | |
Director of Liwa Police
232 Bailwa 56
⟦illegible⟧ months ⟦illegible⟧ castle ⟦illegible⟧
232 / 3 / 21 in ⟦illegible⟧ 67521 and its value ⟦illegible⟧ Riyals ⟦illegible⟧
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Northern Rusafa Investigation Magistracy
Number ⟦line⟧
Date 7 / 7 / 947
To the President of the Jewish Religious Court in Baghdad
With reference to your letter numbered 540 and dated 27 / 6 / 947 addressed
to His Honor the Magistrate regarding the attendance of the President of the Jewish Community in Baghdad
concerning the complaint formed between Juliet Yusuf Mufer and Ibrahim
Ezra Mufer ⟦line⟧
We send enclosed with this letter of ours the original petition submitted to this court
by Mr. Ibrahim Ezra Mufer, requesting you to kindly after ⟦illegible⟧
kindly answer what is stated in the first paragraph of it and return the petition
with the answer, please, as soon as possible to enable the settlement of the case
criminal case formed between the two mentioned parties
The Magistrate
Incoming Number - 1002
Date - 9 / 7 / 47
The Israeli Religious Court
in Baghdad
Jewish Religious Court
Baghdad
JEWISH RELIGIOUS COURT
BAGHDAD
Number :: 1226
Date :: 8/7/947
File Number:
To His Excellency the Honorable Prime Minister
Head of the Jewish Community in Baghdad
Based on the letter from the North Rusafa Investigation Court
dated 7/7/947 under number 2 (a copy of which is attached
herewith) regarding the petition of the applicant Ibrahim Sharaf (attached
herewith)
Please answer the questions in the letter of your esteemed court
above as follows:-
"The Jewish law does not specifically prohibit a man
from marrying more than one woman, but the custom and habit
prevailing among the Iraqi Jewish community ⟦prohibit⟧ prohibit ⟦but⟧
combining or marrying a second one without the consent of the first
wife or without the availability of reasons that convince the Religious Court
to license the fiancé or the husband to marry over his first
wife." Please return it to the Investigation Court.
Attachments
1- The original petition of the applicant
2- A copy of the letter from the Rusafa Investigation Court dated 7/7/947
The President
Daoud Sassoon Khedhouri
Chief Rabbi of Baghdad
Department Copy
Inquiry
947/1/⟦illegible⟧
His Excellency the Honorable Northern Rusafa Investigating Judge
Reference to your letter numbered 7 and dated 1/7/1947 addressed to the Religious Court
Jewish in Baghdad.
The aforementioned Religious Court has answered our question as follows:
(( Jewish law does not prevent a man from marrying more than one woman, however
the custom and practice prevailing among the Iraqi Jewish community prevent the fiancé or husband
from marrying a second time without the consent of the first wife or without the availability of reasons relied upon by
the Religious Court in licensing the fiancé or husband to marry on top of his first wife )).
Enclosed you will find the original petition submitted by the person named Ibrahim Soufi ⟦line⟧
and referred to the aforementioned court.
Sassoon
Head of the Community
⟦illegible stamp⟧
Iraqi Government
Ministry of Justice
Please refer to the general number
Editing Department: ⟦illegible⟧
General Number: 1 / 11 / 9
Telegraphic Address: Justice:
Date: July 21 / 1946
Subject Summary :: ⟦line⟧
Presidency of the Jewish Community
27 / 7 / 1946
Number ⟦illegible⟧
President of the Jewish Community in Baghdad
We are sending you herewith a copy of the Ministry of Foreign Affairs' letter No. Q / 247 / 247 / 100 / 8141
dated 17 / 7 / 1946, along with a copy of its attachments, the letter from the Iraqi Legation in Damascus and the petition
of Miss Sabiha Yaqoub Kamara, to state your opinion on the subject and inform us.
Minister of Justice ⟦line⟧
Copy of the Ministry of Foreign Affairs letter No. Q / 247 / 247 / 100 / 8141 dated July 17 / 46
Addressed to the Ministry of Justice
We enclose herewith a copy of the letter from the Royal Iraqi Legation in Damascus
No. 135 / 6 / 4 dated 6 / 18 / 1946 with a copy of the petition of Miss
Sabiha Yaqoub Kamara, requesting that you provide us with your opinion on this matter as soon as possible.
Signature / Minister of Foreign Affairs
⟦illegible⟧
Red ink