Mrs. Sima Balilius died in Hong Kong in 1926 when she was nearly 90 years old. Sima was the daughter of David Joseph Ezra, the leader of the Baghdadi Jewish community in Calcutta, India. When she was around 20 years old, she married Emmanuel Balilius, who was also from one of the city’s aristocratic Jewish families. A few years later, Emmanuel moved to Hong Kong to work in the opium trade. There, he fell in love with a young Chinese woman, and married her. Sima found out but wasn’t willing to give up on her husband. She sailed to Hong Kong to find him. There, the couple reached an agreement that Emmanuel would stay married to both women, and they would all live together in the same house.
Emmanuel died in 1905, and Sima continued managing her husband’s business vigorously until her death, with the elders of Jerusalem gossiping that opium was the most respectable aspect of her dealings. Before his death, Emmanuel arranged in his will to bestow significant sums of money towards the field of education. Two schools were opened in his name: one in Calcutta, which has since closed, and one in Hong Kong, which still operates today. In contrast to her husband, Sima left the money in her will to the impoverished of Jerusalem. She donated 75,000 pounds sterling, the equivalent of several million Israeli shekels today.
Sima was likely influenced by an incident that had occurred a few years earlier, when Elias Kadouri, another wealthy Jew from Hong Kong, left behind money for the purpose of establishing an agricultural school in what was then still Mandatory Palestine. However, the British authorities claimed it wasn’t self-evident that Kadouri intended for it to be a Jewish school. Ultimately, two agricultural schools were established: one Jewish school near Kfar Tavor and one Arab school near Tulkarm. Wanting to avoid a similar situation, Balilius dedicated her bequest to Jerusalem’s poor, through a fund to be managed by the board of trustees of the main synagogue in Jerusalem. However, Sima didn’t explicitly clarify which synagogue she intended to donate the funds to. When news of Balilius’s will reached Israel, a fierce debate ensued between the Ashkenazi community, supported by the Ashkenazi Chief Rabbi Rav Kook, who argued that the main synagogue was Beit Yaakov, more commonly known as the Hurva Synagogue. The Sephardi community, supported by the Sephardi Chief Rabbi Yaakov Meir, claimed that the main synagogue was the one named after Rabbi Yohanan Ben Zakkai, known as the Ribaz. The Mea Shearim Yeshiva also joined in the dispute, claiming entitlement to the funds, but none of the other parties accepted their claims.
Moshe David Gaon, a scholar of Eastern Jewry whose archive is housed in the National Library in Jerusalem, was involved in the trial as the secretary of the Sephardi community and as an expert witness. He testified in court about the location and significance of the Ribaz Synagogue.
Each community presented its arguments, some stronger than others. For instance, the Ashkenazim claimed that the Hurva Synagogue was the largest in the city, while the Sephardim argued that the building of the Ribaz Synagogue was the oldest in Jerusalem. The Ashkenazim asserted that the British authorities recognized the Hurva, citing the fact that the High Commissioner Herbert Samuel participated in prayers there. For their part, the Sephardim had proof that the High Commissioner had taken part in prayers at the Ribaz Synagogue, including festive prayers held there to commemorate the King’s birthday and the conquest of Jerusalem during World War I.
The Sephardi community brought what they considered conclusive evidence: Mrs. Balilius was of Sephardi descent, and therefore it was clear she intended to leave her donation to her own community’s synagogue. In contrast, the Ashkenazim argued that the name Sima was an Ashkenazi name, and thus she must have been Ashkenazi. It is unclear whether the Ashkenazim made an innocent mistake or intentionally misspoke, but Mrs. Balilius’s first name was actually Simcha; Sima was just her nickname. Regardless, the Ashkenazi claim was dismissed after Sima Balilius’ sister testified that the family was of Sephardi origin.
The parties then moved on to discuss a broader question: What determines whether someone is Ashkenazi or Sephardi and which of these is the main Jewish community? Bernard (Dov) Joseph, the lawyer representing the Hurva Synagogue, and later a minister in the Israeli government, testified in an affidavit to the court that all Jews around the world are Ashkenazi unless born in Portugal, Spain, Greece, Morocco, or Persia. In response, Meir Hay Genio, the lawyer representing the Sephardi community, declared that all Jews are Sephardi, unless they are Ashkenazi.
The parties then debated which community could claim the larger percentage of Jews in Jerusalem. The Ashkenazim claimed they constituted 80% of the city’s Jews, while the Sephardim contended that only 55% of the city’s Jews were Ashkenazi. The Ashkenazim added that all public institutions in the city were Ashkenazi, and the Sephardim responded with a list of all the educational and charitable institutions belonging to their community.
Each community tried to downplay the other’s importance. The Ashkenazim argued that the Sephardi community seemingly represented only the descendants of Spanish exiles, while Jews from other Arab countries were organized into separate communities, and the Ribaz Synagogue didn’t represent them. In response, the Sephardim contended that the Ashkenazi community also wasn’t one unified entity, but rather divided into numerous groups. The Sephardim pointed out that the inscription on the entrance of the Hurva Synagogue read: “Synagogue for the Ashkenazi Perushim kollels in Jerusalem,” which proved that it didn’t represent the entire Jewish public in the city, but only certain Ashkenazi factions.
The arguments continued back and forth, and journalist Nachum Melitz, who covered the case, wrote as follows: “The books Luchot Eretz Yisrael and the volumes entitled Jerusalem by Rabbi Luntz, Moses and Jerusalem by Sir Moses Montefiore, books by Rabbi Joseph Schwarz, German and English Baedekers [travel guidebooks], etc., seem to have been created not for their own sake, but rather to serve as Tanna Demesay’a [evidence] for the parties discussing the Balilius inheritance.”
The courts in Hong Kong weren’t sure how to resolve the conflict. The judges sought assistance from the British Mandate authorities, but those preferred not to intervene and offered only an ambiguous response noting that “there are two main synagogues in Jerusalem”. An envoy sent by the court to Jerusalem returned with the same answer. The trial continued, and both sides, the Sephardim and Ashkenazim, began to fear that the British government would end up exploiting the dispute and expropriating the funds for its own purposes.
Ultimately, through the mediation of British-Jewish lawyer Norman Bentwich, they reached a compromise to establish a joint committee of both Sephardim and Ashkenazim. The committee would include twelve members— nine Sephardim and three Ashkenazim—and would manage the estate’s funds, which would be distributed at a rate of 75% to the Sephardim and 25% to the Ashkenazim. Although the estate’s funds were depleted due to the lengthy legal proceedings and the stock market crash during the economic crisis of 1929, the estate council succeeded in purchasing several buildings throughout the city, dedicating their income to the poor, and seemingly everything was resolved peacefully.
However, about 25 years later, the case resurfaced due to claims from the Ashkenazim that the Sephardi committee was discriminating against them and transferring less funds than it was obligated to. The matter was brought back to the courts – this time rabbinical courts – and indirectly led to the resignation of two Sephardi Chief Rabbis, Rabbi Yitzhak Nissim and Rabbi Ovadia Yosef. Ultimately, the issue gradually faded away. Today, the only thing that remains of the entire affair is a modest street sign bearing the name Sima Balilius in downtown Jerusalem.
I would like to thank the author Simon Choa-Johnston for his assistance in preparing this article.
The Moshe David Gaon Archive is in the process of being cataloged and will be made accessible at the National Library of Israel, thanks to the kind donation of the Samis Foundation, Seattle, Washington, dedicated to the memory of Samuel Israel. Arik Kitsis is the archivist in charge of handling the Moshe David Gaon Archive.