Reporting to the Authorities: Difference between revisions

From Halachipedia
Line 11: Line 11:
===Abusers===
===Abusers===
#A teacher who is abusive to children can be reported to authorities since he is damaging the public.<ref>Tzitz Eliezer 19:52, [https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 4) on torahweb.org]</ref> It is important to deal with the issue immediately to help the victims and to get accurate testimonies.<ref>[https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 9-12) on torahweb.org]</ref>
#A teacher who is abusive to children can be reported to authorities since he is damaging the public.<ref>Tzitz Eliezer 19:52, [https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 4) on torahweb.org]</ref> It is important to deal with the issue immediately to help the victims and to get accurate testimonies.<ref>[https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 9-12) on torahweb.org]</ref>
#A parent who is physically or sexually is abusive to his child can be reported to the authorities. However, if there is a concern that  
#A parent who is physically or sexually is abusive to his child can be reported to the authorities. However, if there is a concern that if they are reported the child will be removed from his parent's house which was a religious house and placed in a non-religious house it is only permitted if there is a concern of a fatal danger.<ref>Tzitz Eliezer 19:52</ref> A rabbi should be consulted.
if they are reported the child will be removed from his parent's house which was a religious house and placed in a non-religious house it is only permitted if there is a concern of a fatal danger.<ref>Tzitz Eliezer 19:52</ref> A rabbi should be consulted.
#It is permitted for a doctor who knows that a woman is being beaten up by her husband to report it to the authorities.<ref>[https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 12-13) on torahweb.org] explained that it is permitted to report physical abuse since it is preventing further abuse.</ref>
#It is permitted for a doctor who knows that a woman is being beaten up by her husband to report it to the authorities.<ref>[https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 12-13) on torahweb.org] explained that it is permitted to report physical abuse since it is preventing further abuse.</ref>


Revision as of 01:33, 25 July 2019

Prohibition to Report to the Authorities

  1. It is forbidden to inform upon another Jew to have him taken by non-Jews. Anyone who does so loses their share in Olam Haba.[1]
  2. If a Jew owes a non-Jew money and is running away, another Jew who knows shouldn't inform the non-Jew of the whereabouts of the Jew. If he does he isn't obligated to pay for his fellow's loss since that person didn't lose any money.[2]
  3. A landlord who doesn't properly take care of his tenants such as if he doesn't heat the buildings (which is illegal) some say that it is forbidden to inform upon him to the government without first asking a bet din.[3]

In America

  1. Some poskim hold that there is no prohibition of mesira in a Western country where the laws are just and equally applicable to Jews and non-Jews and aren't anti-semitic.[4] There would not be a prohibition if in the case that the criminal was convicted he would be punished according to the law. However, if he would be punished in excess of his crime in an unfair manner there would be a prohibition of mesira to report him to the authorities. Before engaging in mesira one must consult with rabbis and the relevant professionals.[5]
  2. A minority of poskim disagree and apply mesira to America.[6]

Menace to the Public

  1. Someone who is engaged in forgery and endangers the public he should be warned and if he continues he can be informed upon to the authorities.[7] This establishes the rule that it is permitted to report a public menace.[8]

Abusers

  1. A teacher who is abusive to children can be reported to authorities since he is damaging the public.[9] It is important to deal with the issue immediately to help the victims and to get accurate testimonies.[10]
  2. A parent who is physically or sexually is abusive to his child can be reported to the authorities. However, if there is a concern that if they are reported the child will be removed from his parent's house which was a religious house and placed in a non-religious house it is only permitted if there is a concern of a fatal danger.[11] A rabbi should be consulted.
  3. It is permitted for a doctor who knows that a woman is being beaten up by her husband to report it to the authorities.[12]

Reporting a Thief or Someone Cheating on Taxes

  1. If they suspect that a jew stole something, it is permitted to give in the thief so that they don’t suspect all the Jews. It is removing a chilul Hashem.[13]
  2. If a criminal is cheating on taxes or another illegal business if the sentence he would receive isn't unfair it isn't mesira to report him. Nonetheless, it is an issue to report him because it is considered returning a lost object to a non-Jew. It is only permitted to report him if there would otherwise be a chilul Hashem. For example, if a person is subpoenaed to testify against someone who is stealing from the government he should comply because otherwise there would be a chilul Hashem.[14]
  3. It is permitted to work for a tax collection agency and report Jews cheating on taxes.[15]

Aiding a Thief

  1. It is forbidden to inform a thief of the whereabouts of your fellow Jew's property and if someone does so and the thief takes away his money the informer must pay for his fellow's loss. That is true when the informer volunteered the information. If he was forced by the thief he is exempt.[16] If he was forced to show them his own property and he instead showed them his fellow's property he is liable to pay.[17]

Damages

  1. It is forbidden to report a fellow Jew to the authorities or government if he injured or damaged you or your property without first consulting a bet din. If the bet din agrees they can authorize a person to go to the authorities if they see fit.[18]

Obligation to Report a Public Menace

  1. Deceitful Practices

Sources

  1. ↑ Shulchan Aruch CM 388:9
  2. ↑ Rama 388:12
  3. ↑ Mishneh Halachot 12:451
  4. ↑ Tzitz Eliezer 19:52, Rav Schachter ("Should I Call the Police?" min 7-8) on torahweb.org
  5. ↑ Rav Schachter ("Should I Call the Police?" min 7-9) on torahweb.org explained that if on the books the criminal deserves to sit in the prison for 10 years and if convicted he would get that sentence then it isn't an issue of mesira. However, if in prison he’ll be abused then it is mesira since he is getting an unfair sentence. To determine what his sentence might be it is important to consult with rabbis and social workers.
  6. ↑ Mishneh Halachot 12:451 maintains that the prohibition of informing upon another Jew to the authorities obviously applies to America.
  7. ↑ Rama 388:12
  8. ↑ Rav Schachter ("Should I Call the Police?" min 9) on torahweb.org
  9. ↑ Tzitz Eliezer 19:52, Rav Schachter ("Should I Call the Police?" min 4) on torahweb.org
  10. ↑ Rav Schachter ("Should I Call the Police?" min 9-12) on torahweb.org
  11. ↑ Tzitz Eliezer 19:52
  12. ↑ Rav Schachter ("Should I Call the Police?" min 12-13) on torahweb.org explained that it is permitted to report physical abuse since it is preventing further abuse.
  13. ↑ Rav Schachter ("Should I Call the Police?" min 7) on torahweb.org
  14. ↑ Rav Schachter ("Should I Call the Police?" min 3-7) on torahweb.org
  15. ↑ Shevet Halevi 2:18
  16. ↑ Shulchan Aruch CM 388:2
  17. ↑ Rama 388:2
  18. ↑ Teshuvot Vehanhagot 5:362:5
Retrieved from "http://localhost:80/index.php?title=Reporting_to_the_Authorities&oldid=23760"