Reporting to the Authorities: Difference between revisions
From Halachipedia
Reporting to the Authorities (view source)
Revision as of 15:32, 22 December 2020
, 22 December 2020→Menace to the Public
| (2 intermediate revisions by the same user not shown) | |||
| Line 11: | Line 11: | ||
===Menace to the Public=== | ===Menace to the Public=== | ||
# 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.<ref>Rama 388:12</ref> This establishes the rule that it is permitted to report a public menace.<ref>[https://www.torahweb.org/audio/rsch_120306_video.html 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.</ref> | # 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.<ref>Rama C.M. 388:12, Taz YD 157:8</ref> This establishes the rule that it is permitted to report a public menace.<ref>[https://www.torahweb.org/audio/rsch_120306_video.html 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.</ref> | ||
# Someone who is driving recklessly even after being warned should be reported to a bet din and with approval reported to the police because of the danger it poses to the public.<ref>Minchat Yitzchak 8:148</ref> | # Someone who is driving recklessly even after being warned should be reported to a bet din and with approval reported to the police because of the danger it poses to the public.<ref>Minchat Yitzchak 8:148</ref> | ||
===Abusers=== | ===Abusers=== | ||
#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 | #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> | ||
====Teachers==== | ====Teachers==== | ||
| Line 24: | Line 24: | ||
</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> | </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> | ||
====Spousal Abuse==== | ====Spousal Abuse==== | ||
#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> | ||
====Espionage==== | |||
# If someone is aware of someone who is spying for another country, whereby they could reveal important information of one government's army, weaponry, etc it would be permitted to do mesira on such a person since they are endangering the lives of the public.<ref>Rav Elimelech Schachter (Bet Yitzchak v. 39 p. 104)</ref> | |||
====Testimony from Invalid Witnesses==== | ====Testimony from Invalid Witnesses==== | ||
# Testimony from a child can be accepted in a case where no other witnesses are available.<ref>Rama C.M. 35:14. 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. 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 C.M. 35:14. 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. 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> | ||
