The Rabbinical Council of America has today reaffirmed its position that those with reasonable suspicion or first hand knowledge of abuse or endangerment have a religious obligation to report that abuse to the secular legal authorities without delay. One of the unique features of Jewish law is that it imposes upon every member of the community an obligation to help others avoid danger. The biblical verse “do not stand by while your neighbor’s blood is shed” is understood by Jewish Law to mandate that one must do all in one’s power to prevent harm to others – even if monetary harm, but certainly physical harm.
Consistent with that Torah obligation, if one becomes aware of an instance of child abuse or endangerment, one is obligated to refer the matter to the secular authorities immediately, as the prohibition of mesirah (i.e., referring an allegation against a fellow Jew to government authority) does not apply in such a case.
As always where the facts are uncertain one should use common sense and consultations with experts, both lay and rabbinic, to determine how and when to report such matters to the authorities. False accusations are harmful to those falsely accused – but unreported abuse or endangerment can be life-threatening, as we have recently been tragically reminded.
In addition and as a separate matter, those within the Jewish community whom secular law deem to be “mandated reporters,” must certainly obey the particular reporting requirements, which vary from state to state in the United States. A person covered by mandatory reporter laws must comply with those laws, even in a case in which Jewish law might otherwise not require a person to report such child abuse or endangerment.
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24 Responses
About time…I wish Agudath would take this position.
The Moetzei Gedolei HaTorah disagrees with this organization. They said one must always first ask a shaila to determine if it is permissible to ever masser.
A person covered by mandatory reporter laws must comply with those laws, even in a case in which Jewish law might otherwise not require a person to report such child abuse or endangerment.
The Agudah, based on the direction of the Moetzei Gedolei HaTorah and Rav Elyashiv shlit”a’s psak din, clearly stated halacha takes precedence and one may not masser to the authorities if Jewish law doesn’t allow it.
In contrast to the Agudah, the RCA statement is less specific.
The Agudah says that “reasonable suspicion” (raglayim ledavar) should be reported. Of course, what constitutes halachik reasonable suspicion should clarified with a halachik authority. The RCA only stipulates that in circumstance where one certainly is aware of abuse/endangerment should it be reported. Then the RCA makes a mishmash of suggestions of what to do when you are uncertain, including using the very uncommon “common sense”; far from a clear guideline.
As an aside, “mandated reporting”, if there is danger to the Child, it’s a halachik requirement, and if halacha states the child is not suspect in danger, then this is the ultimate mesira. The halacha of Mesira is specifically applied in the face of dina dimalchusa.
Don’t forget to use common sense in Hilchos Shabbos too.
As usual, people are trying to make a big difference between the statements of the Agudah and the RCA. As I read both statements, there is no difference. If you are a mandated reporter, report it to the authorities. If you are not a mandated reporter and you think the accusation “has legs” report it to the authorities. If you are not a mandated reporter, and you are unsure whether the accusation “has legs” ask a learned Rabbi. I see this as being the same in both statements.
As usual, I see the same rhetoric. The community always pays a heavy price and no lessons are learned unfortunately. What ever happened to simple brains and humanity? Is “Do the right thing” not part of our thinking?
If you do not care about destroying peoples lives as well as harming children (studies seem to show that a false accusation of child abuse has the same log term consequences as real child abuse) then make sure to carefully observe the mandateing reporting laws.
If on the other hand you wish to protect families and childrena and prevent the moral decadence that has taken hold of the PS system from entering our communities then use your brains.
Child abuse should be reported no matter what! Even if there is little suspicion. Especially in schools, if the rebbe or teacher abuses the kid, it must be reported immediately!!
Exactly. False reporting of innocent people accused of abuse has already destroyed numerous families and lives.
The problem is that going to rabbanim has for decades served primarily to shield the abusers…that is FACT…not conjecture.
I know this not only from well publicized news reports, but also personally from ldiscovering (both from press reports and from the individual involved)that a then young man I had known well for a number of years was an early abuse victim of a rebbe who was shielded for decades, while continuing to abuse boys in camps and yeshivas.
For how many mandated reporters does R’Elyashiv pasken? I suspect that the answer may be zero.
Take both sides, don’t report it to the authorities and don’t report it to the Rabbi’s, use street justice instead. More effective and he/she won’t get off for insanity plea.
charliehall:
Rav Elyashev is the Posek HaDor and for most of Torah Jewry his word is the final word.
“Rav Elyashev is the Posek HaDor and for most of Torah Jewry his word is the final word.”
WADR to Rav Elyashiv, his opinions are accepted by the Lithuanian Charedi community and no other. He is not the Posek HaDor for Chasidim, who follow their own Rebbes. He is not the Posek HaDor for Sefardim, who mostly follow Rabbi Ovadiah Yosef. Modern Orthodox Jews in America mostly follow Rov Soloveitchik’s talmidim, and Dati Leumi Jews in Israel have numerous distinguished poskim including Rav Aviner, Rav Henkin, and Rav Lichtenstein. I rarely hear Rav Elyashiv’s halachic positions in shiurim I attend.
The fact is that Mandated Reporters in the United States are not going to be asking Rav Elyashiv many shilahs. Rav Elyashiv is in Israel, not America, and does not speak English, and this is a question concerning American law. Furthermore, the militant isolationism of the Israeli Charedi community is such that having a profession that would make one a mandated reporter is so discouraged that there would be few if any persons who consider themselves part of the Torah derech of Rav Elyashiv who would be in the position of mandated reporters. Most mandated reporters in the US will have an RCA rabbi as their posek, and they will follow this opinion that mandated reporters are absolutely permitted under halachah to report suspected abuse as required by law. They are absolutely entitled to do so.
Rav Elyashev’s psak is accepted as binding by the Gedolei Yisroel in America, including by consensus all the members of the American Moetzei Gedolei HaTorah. All of these American Gedolim’s American adherents, including rebbeim, school teachers, therapists, doctors, counselors, etc. will follow halacha first as described by their rabbonim/gedolim who accept Rav Elyashev.
BTW, even the Chasidim and Sefardish Gedolim sit on the American Moetzei Gedolei HaTorah with the Litvish Gedolim that adopted Rav Elyashev’s psak din. Throughout Torah Sefardic and Chasidic world you will find utmost respect and adherence to Rav Elyashev’s psak, except in the rare times that the Sefardic decisor Chacham Ovadia Yosef or their Rebbe disagrees on a limited circumstance.
I fail to uderstand the hoopla around Mandated Reporting Laws.
Mandated Reporting Laws are just one more ill concieved idea from “feel good” liberals that has proven adisastorous failure.
In this case the terrible unintended consequences have literally destryed lives and families.
Thank G-d those of us who follow Torah Law have been insulated from the horrible effects of these horrific Laws concieved by people who have no children to try and tell others who have children how to parent them.
“All of these American Gedolim’s American adherents, including rebbeim, school teachers, therapists, doctors, counselors, etc. will follow halacha first as described by their rabbonim/gedolim who accept Rav Elyashev.”
Not in this case if they are mandated reporters — or they won’t be therapists, doctors, counselors much longer. But in any case almost all the frum mandated reporters have rabbis who will accept the RCA position.
We have our own ambulances (hatzolah), policemen (shomrim) and even firemen in some areas; maybe it’s time we organize our own CPS so we can report suspected abuse to frum professionals who can work with Rabbeim to help children and families.
‘Mandated Reporting Laws are just one more ill concieved idea from “feel good” liberals that has proven adisastorous failure.’
So you are saying that if I don’t like a law I should just disobey it?
Are you a mandated reporter? Is your life and parnassah at risk here?
What seems to be ignored here is the view of the Aruch HaShulchan and the Tzitz Eliezer that there is no prohibition of mesirah at all in our times. They can certainly be relied upon.
Chein, as much as you wish this to be the reality, it is far from the truth. Rav Eliashav is not the posek hador and there are many other poskim who are consulted and have opinions that differ from him.
The Aruch HaShulchan prohibits massering and mesira. You are reading the “disclaimer” added at the behest of the Czarist Russian censors who weren’t too fond of the hichos mesira.
#22: Pehaps your modern crowd doesn’t listen to Gedolim like Rav Elyashev shlit”a. Kol Hakovod if you at least have some rabbi to listen to. But most of Torah Jewry holds Rav Elyashev as the posek hador.
And Rav Elyashev clearly stated a posek must first be consulted before massering. And if the posek determines halacha doesn’t allow it, i.e. the accused is no longer a threat OR their is no substantial proof against the accused, etc. then massering is strictly prohibited al pi halacha and the Torah HaKedodosha and someone who c”v attempts to masser can be killed before he does so.