16,374
edits
Reporting to the Authorities: Difference between revisions
From Halachipedia
→Abusers
| Line 16: | Line 16: | ||
#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> | #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> | #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 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. | ||
#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> | * Nishmat Avraham v. 4 CM 388 quotes Rav Elyashiv that if someone knows about abuse of a teacher he should report it to the principal and if they don't take care of the issue he should report it to the police. </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. The Torah empowers parents to raise their children. By reporting them and having children taken from their parents it is negative for several things: 1) It is kidnapping, 2)It is preventing the father from fulfilling chinuch, 3) It is robbing the children of parents. It is important to report it to the bet din. They should first warn the parents. Even if it is pikuach nefesh they should go to the bet din. Mishneh Halachot 14:60 writes that a woman who reported her abusive husband to the courts and police violated mesira. He goes further that a get that she would give is invalid until the pressure from the police is removed. </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> | ||
# 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> | # 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> | ||
Rav Elyashiv (Yeshurun v. 15 p. 640-643) writes that it is permitted to report to the government when there is a certain knowledge that someone is physically or sexually abusing children. He cites Rashba 3:393 that in certain cases the rabbis of the generation can permit litigate based on invalid testimony for the need of the time. | |||
Nishmat Avraham v. 4 CM 388 quotes Rav Elyashiv and Rav Shlomo Zalman Auerbach that if a doctor sees that a child is physically abused by a parent and there is a pikuach nefesh concern it is permitted for the doctor to report an abusive parent to the government even if that means that they might remove the child from being in a Jewish home. Afterwards one should endeavor to get the child to a religious home. | |||
===Reporting a Thief or Someone Cheating on Taxes=== | ===Reporting a Thief or Someone Cheating on Taxes=== | ||
