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Reporting to the Authorities: Difference between revisions
From Halachipedia
→In America
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#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> | ||
===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>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> | ||
# 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.</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.</ref> | ||
===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]</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 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]</ref> | ||
