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Reporting to the Authorities: Difference between revisions
From Halachipedia
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# 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> | # 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>Shach 388:20, 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. Rav Elimelech Schachter (Bet Yitzchak v. 39 p. 105) writes that mesira generally doesn't apply in a fair society such as America, but during the Red Scare in the 50s there was a bias against communists especially Jewish ones, and so mesira would still apply.<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> | ||
# A minority of poskim disagree and apply mesira to America.<ref>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.</ref> | # A minority of poskim disagree and apply mesira to America.<ref>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.</ref> | ||
