Reporting to the Authorities: Difference between revisions

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===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>
#There is a communal responsibility to confront and curtail child abuse.<ref>Rav Asher Weiss and Rav Zalman Nechemya Goldberg in Yeshurun v. 15 pp. 634-666 cited by Rabbi Reiss (Journal of Halacha and Contemporary Society, Spring 2012 pp. 6-21)</ref> There is a Biblical obligation to help someone in danger and not stand idly by.<ref>Vayikra 19:16</ref>
#Even if the victim says that they should leave the perpetrator alone there is nonetheless an obligation to help the victim.<ref>Rabbi Reiss (Journal of Halacha and Contemporary Society, Spring 2012 pp. 6-21) writes that just like we find with respect to a rodef that there is an obligation to rescue a victim even if the victim says to leave the assailant alone (Rambam Rotze'ach 1:13) that is also applicable to abuse cases. The Sama CM 426:12 explains that we're concerned that the victim merely says not to pursue the abuser out of fear that he will become a victimized further if the assailant is irritated.</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]. Rabbi Reiss (Journal of Halacha and Contemporary Society, Spring 2012 pp. 6-21) supports Rabbi Asher Weiss, Rav Zalman Nechemya Goldberg, and Rav Elyashiv who hold that there is not mesira when reporting a child molester. He explains that the government needs to deal with criminal law since bet din today can only deal with civil law. Second since the Gemara Bava Metsia 83a explains that a government worker can hand over Jews to the authorities a mandated reporter might have that same status. Third, sexual molestation is a crime with severe punishments. Fourth, mesira doesn't apply to a country with a fair government. Lastly, a child molester is a public menace. However, Mishneh Halachot 16:58 writes that a doctor who figures out about sexual abuse can't report it to the government since he found out from the child and that isn't two kosher male adult witnesses who witnessed the sin. Therefore, they should report it to the bet din and not government.</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 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.<ref>Mishneh Halachot 16:58 writes that it is forbidden to report a parent who is physically abusive to his child since he could just be hitting him for chinuch. Even if the parent is hitting out of anger you can't report them since the government might take away the child and that would constitute kidnapping. Rather they should report it to bet din and they should determine what to do.</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 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.<ref>Mishneh Halachot 16:58 writes that it is forbidden to report a parent who is physically abusive to his child since he could just be hitting him for chinuch. Even if the parent is hitting out of anger you can't report them since the government might take away the child and that would constitute kidnapping. Rather they should report it to bet din and they should determine what to do.</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> Some disagree unless there is kosher witnesses.<ref>Mishneh Halachot 16:58 writes that a doctor who figures out about sexual abuse can't report it to the government since he found out from the child and that isn't two kosher male adult witnesses who witnessed the sin.</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>  
# Testimony from a child can be accepted in a case where no other witnesses are available.<ref>Rama 35:14. Rabbi Reiss (Journal of Halacha and Contemporary Society, Spring 2012 pp. 6-21) writes that even in uncertain cases there are the following considerations to pursue an allegation based on unclear evidence: 1) if the accused is really innocent the authorities will acquit him, 2) in most cases of an allegation there is truth to the claim, 3) even though one can't accept lashon hara he should take the proper precautions (Shoel Umeishiv 1:185). However, each of these claims are questionable. Therefore he suggests consulting a professional community liason, bet din, or posek.</ref> However, in cases of uncertainty one should consult a professional communal figure or bet din who deals with these issues before reporting.<ref>Rabbi Reiss (Journal of Halacha and Contemporary Society, Spring 2012 pp. 6-21) defends the idea of checking with an authority first partially based on concerns of [[chilul Hashem]].</ref>
See Rav Elyashiv in Yeshurun v. 15 pp. 634-666, Nishmat Avraham v. 4 CM 388


===Reporting a Thief or Someone Cheating on Taxes===
===Reporting a Thief or Someone Cheating on Taxes===

Revision as of 12:38, 31 July 2019

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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]
  4. Someone who tells his friend that he's going to report him to the government some say that he is considered a moser. Others argue.[4]
  5. Someone who threatens giving people to the authorities isn't disqualified for being a witness.[5]

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.[6] 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.[7]
  2. A minority of poskim disagree and apply mesira to America.[8]

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.[9] This establishes the rule that it is permitted to report a public menace.[10]

Abusers

  1. There is a communal responsibility to confront and curtail child abuse.[11] There is a Biblical obligation to help someone in danger and not stand idly by.[12]
  2. Even if the victim says that they should leave the perpetrator alone there is nonetheless an obligation to help the victim.[13]
  3. A teacher who is abusive to children can be reported to authorities since he is damaging the public.[14] It is important to deal with the issue immediately to help the victims and to get accurate testimonies.[15]
  4. 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.[16] A rabbi should be consulted.[17]
  5. It is permitted for a doctor who knows that a woman is being beaten up by her husband to report it to the authorities.[18]
  6. Testimony from a child can be accepted in a case where no other witnesses are available.[19] However, in cases of uncertainty one should consult a professional communal figure or bet din who deals with these issues before reporting.[20]

See Rav Elyashiv in Yeshurun v. 15 pp. 634-666, Nishmat Avraham v. 4 CM 388

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.[21]
  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.[22]
  3. It is permitted to work for a tax collection agency and report Jews cheating on taxes.[23]

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 repay for his fellow's loss. That is true when the informer volunteered the information. If he was forced by the thief he is exempt.[24] If he was forced to show them his own property and he instead showed them his fellow's property he is liable to pay.[25]

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.[26]

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. ↑ Rama C.M. 388:8. Chelkat Yakov CM 5 quotes two explanations of when the lenient opinion would agree and offers his own. 1) If he always keeps his word (Mahari Asad YD 299), 2) He reported to the government previously (Bet Yosef 34:32), 3) If he stated that he was going to report to the government if the other party didn't do something.
  5. ↑ Chelkat Yakov CM 5 writes that since many kosher people think that it is permitted to report to the government someone who does so isn't disqualified as a witness.
  6. ↑ Aruch Hashulchan 388:7 in footnote, Tzitz Eliezer 19:52, Rav Schachter ("Should I Call the Police?" min 7-8) on torahweb.org
  7. ↑ 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.
  8. ↑ Mishneh Halachot 12:451 maintains that the prohibition of informing upon another Jew to the authorities obviously applies to America. Chelkat Yakov CM 5 (regarding Antwerp) writes that mesira to the authorities today is prohibited even if the laws aren't antisemitic because there is a concern that they will take advantage of the Jew once he's convicted.
  9. ↑ Rama 388:12
  10. ↑ Rav Schachter ("Should I Call the Police?" min 9) on torahweb.org. Erech Hachaim Bhalacha cites Rav Yakov Emden in Even Bochen 1:75-6 who writes that it is permitted and proper to report someone who is endangering the public by injuring non-Jews or defrauding them. One proof is that the Jews gave Shimshon to the Plishtim because he killed sixty plishtim and he endangered the Jews. Rav Emden cites Sefer Chasidim 699 as a support.
  11. ↑ Rav Asher Weiss and Rav Zalman Nechemya Goldberg in Yeshurun v. 15 pp. 634-666 cited by Rabbi Reiss (Journal of Halacha and Contemporary Society, Spring 2012 pp. 6-21)
  12. ↑ Vayikra 19:16
  13. ↑ Rabbi Reiss (Journal of Halacha and Contemporary Society, Spring 2012 pp. 6-21) writes that just like we find with respect to a rodef that there is an obligation to rescue a victim even if the victim says to leave the assailant alone (Rambam Rotze'ach 1:13) that is also applicable to abuse cases. The Sama CM 426:12 explains that we're concerned that the victim merely says not to pursue the abuser out of fear that he will become a victimized further if the assailant is irritated.
  14. ↑ Tzitz Eliezer 19:52, Rav Schachter ("Should I Call the Police?" min 4) on torahweb.org. Rabbi Reiss (Journal of Halacha and Contemporary Society, Spring 2012 pp. 6-21) supports Rabbi Asher Weiss, Rav Zalman Nechemya Goldberg, and Rav Elyashiv who hold that there is not mesira when reporting a child molester. He explains that the government needs to deal with criminal law since bet din today can only deal with civil law. Second since the Gemara Bava Metsia 83a explains that a government worker can hand over Jews to the authorities a mandated reporter might have that same status. Third, sexual molestation is a crime with severe punishments. Fourth, mesira doesn't apply to a country with a fair government. Lastly, a child molester is a public menace. However, Mishneh Halachot 16:58 writes that a doctor who figures out about sexual abuse can't report it to the government since he found out from the child and that isn't two kosher male adult witnesses who witnessed the sin. Therefore, they should report it to the bet din and not government.
  15. ↑ Rav Schachter ("Should I Call the Police?" min 9-12) on torahweb.org
  16. ↑ Tzitz Eliezer 19:52
  17. ↑ Mishneh Halachot 16:58 writes that it is forbidden to report a parent who is physically abusive to his child since he could just be hitting him for chinuch. Even if the parent is hitting out of anger you can't report them since the government might take away the child and that would constitute kidnapping. Rather they should report it to bet din and they should determine what to do.
  18. ↑ 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.
  19. ↑ Rama 35:14. Rabbi Reiss (Journal of Halacha and Contemporary Society, Spring 2012 pp. 6-21) writes that even in uncertain cases there are the following considerations to pursue an allegation based on unclear evidence: 1) if the accused is really innocent the authorities will acquit him, 2) in most cases of an allegation there is truth to the claim, 3) even though one can't accept lashon hara he should take the proper precautions (Shoel Umeishiv 1:185). However, each of these claims are questionable. Therefore he suggests consulting a professional community liason, bet din, or posek.
  20. ↑ Rabbi Reiss (Journal of Halacha and Contemporary Society, Spring 2012 pp. 6-21) defends the idea of checking with an authority first partially based on concerns of chilul Hashem.
  21. ↑ Rav Schachter ("Should I Call the Police?" min 7) on torahweb.org
  22. ↑ Rav Schachter ("Should I Call the Police?" min 3-7) on torahweb.org
  23. ↑ Shevet Halevi 2:18
  24. ↑ Shulchan Aruch CM 388:2
  25. ↑ Rama 388:2
  26. ↑ Rama 388:5 writes that it isn't considered mesira if report another Jew in order to get back your money as long as your intent isn't to injure him. But some disagree and consider it mesira if he was warned. Shach 388:26 is strict. He says that even the lenient opinion isn't lenient if there is another option. Mishneh Halachot 14:191 writes that if you could have gone to bet din and instead went to a non-Jewish court you are in violation of mesira. Teshuvot Vehanhagot 5:362:5 concludes that if you have a claim against another Jew you need to first go to a bet din and not to the authorities.
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