See page 43 of the transcript, lines 1-3 .
- Third, the deceased's will is written in Hebrew, when we are dealing with a very simple will that does not contain much information or complex provisions, but only a command that all of the deceased's property be transferred to the plaintiff. As for the provision of information, the deceased should not have provided details, since Attorney P. He testified that he took the details of the apartment that the deceased bequeathed to the plaintiff from the previous file of the deceased's husband, who was in his care. It should also be noted and emphasized that the deceased signed the will in Hebrew under the name of H. While the deceased did not know Hebrew at all and only Iraqi Arabic, it is reasonable to assume that she would not have signed in Hebrew.
- Fourth, the deceased also worked in an orderly workplace in a hospital *** in ***, a job that undoubtedly requires signing documents and providing explanations and instructions, and to the extent that the opponents' claim is indeed correct, it is not clear how the deceased worked in the hospital, signed documents and conducted her work in Iraqi Arabic. The defendants' claim that the deceased worked in the dining room, washing dishes, and did not see people, is illogical and inconsistent with logic and common sense.
- Fifth, the opponents claimed that the deceased did not speak Hebrew at all and that they communicated her in the Iraqi language. Despite the above, it turned out that the daughter Z. , who is one of the opponents, does not speak Iraqi Arabic, so it is not clear how she communicated with her late mother. Son Y. Y. testified that Z. She just stutters in Arabic and doesn't know the language like him. Z.B. During her interrogation, she even noted that she did not speak Arabic and that she only knew simple words. Ms. Z. B. She also failed to translate a single line from Hebrew into Arabic in her affidavit. (See page 26 of the minutes of the hearing, lines 24-27 ). Daughter S. B.H. She also retracted her claim that her mother did not speak Hebrew and testified that her mother did understand Hebrew. (See her testimony on page 33 of the transcript, lines 26-29).
- Sixth, the other objectors also retracted their claim that their mother did not understand Hebrew, when it should be noted that the objectors gave one version in the affidavit supporting the objection and another version in the affidavits of the main witness submitted on their behalf. In their affidavits in support of the resistance, the opponents claimed that their mother knew only Iraqi Arabic, but in the affidavits of the main witness they retracted them and stated that their mother understood Hebrew and also spoke Hebrew poorly.
- Seventh, and even though the deceased had relatives and neighbors, employees who worked with her at her place of work in a hospital, who could shed light on her condition, and in particular with regard to the language in which the deceased conducted herself and spoke, the defendants did not take care to bring relevant witnesses to testify to prove their claim that their mother did not speak Hebrew but only Iraqi Arabic. In the matter of not summoning a relevant and required witness who is under control, the halakha is known and deep-rooted.
- Eighth, Adv. P. In his interrogation, he testified that he read the will to the deceased in Hebrew and got the impression that she understood the contents of the will, while again it should be noted and emphasized that we are dealing with a simple and uncomplicated will. P. He also testified that his conversation with the deceased took place in Hebrew and that he himself does not speak Iraqi Arabic, and that his testimony on the matter was as follows:
- Did you speak to her in Hebrew?
- Yes. Only Hebrew.
- Do you speak Arabic?
- No.
- Do you speak Iraqi Arabic?
- Neither is it.
See page 3 of the transcript, lines 19-24 .