16,374
edits
Reporting to the Authorities: Difference between revisions
From Halachipedia
→Prohibition to Report to the Authorities
| Line 4: | Line 4: | ||
#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.<Ref>Rama 388:12</ref> | #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.<Ref>Rama 388:12</ref> | ||
#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.<ref>Mishneh Halachot 12:451</ref> | #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.<ref>Mishneh Halachot 12:451</ref> | ||
# 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.<ref>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.</ref> | |||
# Someone who threatens giving people to the authorities isn't disqualified for being a witness.<ref>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.</ref> | |||
===In America=== | ===In America=== | ||
# 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.<ref>Aruch Hashulchan 388:7 in footnote, Tzitz Eliezer 19:52, [https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 7-8) on torahweb.org]</ref> 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.<ref> [https://www.torahweb.org/audio/rsch_120306_video.html 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.</ref> | # 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.<ref>Aruch Hashulchan 388:7 in footnote, Tzitz Eliezer 19:52, [https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 7-8) on torahweb.org]</ref> 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.<ref> [https://www.torahweb.org/audio/rsch_120306_video.html 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.</ref> | ||
| Line 13: | Line 15: | ||
===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 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. | #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> | #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> | ||
===Reporting a Thief or Someone Cheating on Taxes=== | ===Reporting a Thief or Someone Cheating on Taxes=== | ||
