Does Jewish Law Permit Turning In Jewish Criminals To Police?

And, even if it does allow it, do haredi rabbis do it?

Ask the Rabbi: Just informers?

Shlomo Brody , THE JERUSALEM POST

Q If one has evidence against swindlers like Bernie Madoff, or a child abuser, can they report him to the government? - B.T., Ra'anana

A The recent perpetration of financial crimes and abuse scandals within our community clearly detracts from our mission as a "holy nation" and maligns the reputation of our religion, Torah and God (hillul Hashem). Our community's soul searching necessitates examining the laws of collaborating with government authorities, an issue which historically engaged Jews under frequently hostile rulers and deserves reexamination with the advent of the State of Israel and just democratic governments.

Since the abolition of the requisite judicial bodies during Roman rule, the Torah's laws regarding criminal sanction have been dormant for many centuries. Nonetheless, Halacha empowers sovereign rulers with the power of "the king's justice" (mishpat hamelech). As Rabbenu Nissim (14th century, Spain) explained, this mandate authorizes the king to serve as the head of the army and to administer penal laws necessary to maintain the social fabric (Derashot Haran 11). Following this logic, many religious Zionist jurists have contended that it empowers Israel's penal laws with halachic sanction.

The bearing of this power on non-Jewish sovereignties stems from the talmudic principle of dina demalchuta dina - the law of the country is the law" (BK 113a). Some sages based this authority on the sovereign's property rights and limited its applicability to financial arrangements, such as paying taxes (as "rent" to live in the territory). However, many scholars conceived this principle as a social contract that grants extensive powers to regulate social order.

The legal recognition of a gentile sovereign's penal laws was forcefully illustrated by the sage Rabbi Eleazar, who helped apprehend Jewish thieves in a tavern (BM 83b). When criticized by colleagues, he replied, "I eradicate thorns from the vineyard," emphasizing the importance of eliminating criminal behavior from the community. As Ritva (Spain, 13th century) elucidated, Rabbi Eleazar acted reasonably to enforce fairly enacted laws, even as his colleagues deemed it unbefitting for a scholar (shita mekubetzet).

The dominant assumption of ancient and medieval Jews, however, was that non-Jewish authorities, either as authorized government agents or as bandits protected by a badge, would not fairly treat Jews in legal disputes. As such, snitching was a considered a tort liable for compensation (BK 117a). More significantly, the Talmud authorizes immediate penal action, including the death penalty, against informers, who were deemed treacherous pursuers (rodef) since their actions physically endangered the alleged wrongdoer and possibly the entire community (Shu"t Rosh 17:1). Indeed, informants were categorized as traitors who deserved the same treatment as apostates (Avoda Zara 26b).

Significantly, informing remained permissible, even in medieval times, under a number of circumstances. When a Jew seeks to avoid paying money rightfully entitled to a gentile or governmental authority (like a debt or taxes), and a fellow Jew helps collect this money (with no further punishment, like incarceration), this remains permissible (CM 388:12), and at times becomes meritorious if one intends to sanctify the reputation of Judaism (CM 266). Similarly, one can inform on a Jew whose illegal actions cast under suspicion or physically endangers the broader community, or whose violence requires punitive enforcement (388:7).

As such, contemporary authorities like Rabbi Shlomo Auerbach and Rabbi Eliezer Waldenburg have ruled that one must inform the police regarding cases of domestic and sexual abuse in schools and homes, even if the victim will be placed under the care of nonreligious or non-Jewish facilities (Tzitz Eliezer 19:52).

As Rabbi Michael Broyde has documented (jlaw.com), contemporary decisors further debate whether these laws remain applicable in contemporary legal systems that do not regularly discriminate against Jews. Rabbi Ya'acov Breisch, writing in 1964, ruled that the regulations remain unchanged since the potential for anti-Semitism remains prevalent (Helkat Ya'acov CH 5), with Rabbi Y.Y. Blau more recently contending that deplorable prison conditions, including abuse by guards and fellow prisoners, makes incarceration unfair to all criminals. While recognizing the fundamental fairness of American courts, Rabbi Moshe Feinstein also deemed the law unaffected, as gentile courts regularly administer punishments, like incarceration, beyond those advocated by Halacha (Igrot Moshe OC 5:9).

Rabbi Hershel Schachter challenged this thesis, asserting that that Judaism recognizes the "king's power" to determine appropriate punishments for all behavior deemed criminal by Jewish law. Rabbi Shmuel Wosner further contends that all regulations authorized by the halachic principle of dina demalchuta dina do not fall into the category of informing (Shevet Halevi 2:58). I personally favor the position adopted by Rabbi Y.M. Epstein (Aruch Hashulhan 388:7), Rabbi Waldenburg and Rabbi Gedalia Schwartz, contending that many democracies administer law fairly, thereby rendering dormant all restrictions against informing.

Remaining watchful for individual cases of injustice in both courts and prisons, we can thank God for being citizens of countries that equitably treat Jews, including, alas, Bernie Madoff.

The writer, on-line editor of Tradition, teaches at Yeshivat Hakotel and is pursuing a doctorate in Jewish philosophy at the Hebrew University.

What Rabbi Brody does not do is explain that haredi gedolim in America, Israel, Great Britain and Brazil repeatedly refused to turn various child molesters and criminals in to police and that many contemporary haredi poskim, like Rabbi Menashe Klein of Brooklyn, forbid "informing." And this is true even though Rabbi Elyashiv ruled child molesters could be turned in to police.

Showing there are lenient views is fine. But doing so in a vacuum is not.

Comments

[critical_minyan]

There is scant difference between the mafia of old and the organized crime of the charedim today. Only the names have changed. It used to be Gotti, now its Rubashkin. Rubashkin will soon be forced to run his empire from prison, just like Gotti did back in the day. The Moser code of silence that the Haredi rabbis try to enforce on their chasidim is just another word for Omerta.

[jewishwhistleblower]

Interestingly, the Jewish Press seems to advocate going to the police in an article by Rabbi Yakov Horowitz and Elliot Pasik titled "Let The System Work". see: http://www.jewishpress.com/pageroute.do/39991

However, one must wonder what would have happened if the abuser had been from a powerful/connected family.

The Va'ad Harabonim in Queens continues to protect pedophile Rabbi Ephraim Bryks. See: http://jewishsurvivors.blogspot.com/2005/02/rabbi-ephram-bryks-principal-of-school.html
which shows the Vaad promotes his mikvah and G'mach on its website.

Bryks' daughter is married to Rabbi Moshe Faskowitz's son. Bryks' father-in-law is convicted/confessed pedophile Rabbi Yomtov Lippa (Lewis) Brenner. Rabbi Faskowitz is also Michelle Tendler's cousin.

Remember how Faskowitz resigned from the RCA over Tendler? Do you also remember that Jason Maoz, editor of the Jewish Press, told Steven I. Weiss that Rabbi Faskowitz did not inform the RCA of his resignation or discuss resigning with them before his "open letter" appeared in the Jewish Press. Rabbi Faskowitz used the Jewish Press to ambush the RCA and specifically forbade the Jewish Press from seeking comment from the RCA before his "open letter" ran. This type of conduct is reprehensible and unethical and the exact sort of thing to expect from the rabbinical thugs that protect the Rabbis such as Lewis Brenner, Ephraim Bryks, Mordecai Tendler and Aron Tendler.

This is how it really works. Small fry get thrown to the sharks so the big fry can claim moral superiority even when they continue to protect their own who are no different.

[jewishwhistleblower]

Michal Schwartz Shenbaum, the graddaughter Of Jewish Press founder Rabbi Klass and daugther of Naomi Klass Mauer, is sitting in an Israeli prison serving a 5 year sentence as part of a plea bargain for abusing her children in the Elior Chen case. She forced her children to eat feces, locked them in a suitcase for three days - letting them out only for brief periods of time - repeatedly beat, whipped, and shook them, burned their hands with a lighter and a heater, and gave them freezing showers. Michal and her spiratual advisor Elior Chen poured salt on the burn wounds of the child, stuffing his mouth with a skullcap and sealing his mouth with masking tape, and giving the children alcoholic drinks until they vomited.
Note that "The three-year-old suffered permanent brain damage as a result of the abuse he suffered at the hands of his mother and her companions, and is expected to remain in a vegetative state for the rest of his life."

see:
http://www.theawarenesscenter.org/SchwartzShenbaum_Michael.html

Even the great-gradson of Jewish Press founder Rabbi Klass and grandson of Naomi Klass Mauer is not immune to the abuserd that thrive in our communtity due to our community's silence.

The Jewish Press, of course, like our leadership, continues to white-wash the sexual abuse of children by prominant members of the Jewish community.

1) Reality - Case of Arye Ickovits
http://www.nydailynews.com/ny_local/brooklyn/2009/02/28/2009-02-28_abuse_comes_to_light_hasidim_silence_on_-1.html
a. parents went to Rabbis BEFORE the police
b. Ickovits sexually abused the young teen after luring her into his bedroom
c. Ickovits DENIES the abuse in media interviews

2) Jewish Press White-Wash of Ickovits case
see: http:/www.jewishpress.com/pageroute.do/38076
...
Regarding that Brooklyn incident where it was reported that a male individual "with a walker" had lured a teenaged girl into his home by asking for her help, this story quickly and quietly disappeared from the media radar screen when it was learned that the so-called perpetrator (a formerly upstanding decent family man and prominent member of the Jewish community) had suffered a stroke a while ago and had been left somewhat physically disabled as well as mentally challenged.

Following this episode, the man's alarmed family members took immediate steps to ensure that he would no longer unwittingly create an embarrassing scene for himself or cause panic and trauma to a hapless victim.
...

Arye Ickovits has a temporary order of protection issued against him and is on baiil. His next scheduled court appearance is July 21, 2009.
Kings Criminal Court
Docket: 2008KN089893
Criminal Justice Tracking Number: 63302771K
NYSID Number: 179569K
Arrest Number: K08706105
Judge: Pending

[sage]

+++ Rubashkin will soon be forced to run his empire from prison, just like Gotti did back in the day. The Moser code of silence that the Haredi rabbis try to enforce on their chasidim is just another word for Omerta.

Posted by: critical_minyan | July 09, 2009 at 08:40 AM +++

Hi CM,

If the Feds are smart, they will put the RCF into the Maximum Security Federal Prison called "Super Max", in Colorado, which was on "60 Minutes" recently.

There, if will be very difficult, if not impossible, for the RCF to run it's criminal empire from within these prison walls.

[jewishwhistleblower]

As listners of Dov Hikind's radio show know and as referred to by attorney Elliot Pasik in his July 08, 2009 op-ed in the Jewish Press http://www.jewishpress.com/pageroute.do/39991 a registered sex offender in Boro Park had been re-arrested on charges of molesting a child in a synagogue. Who is it and why has there been no reporting on it?

Let's name names.

Who is a registered sex offender in that area that is back in trouble with the law? Hmmmm.....

see:
http://criminaljustice.state.ny.us/nsor/search_index.htm

Rabbi Jerry Brauner.

He was convicted on Mar 21, 2002 and is on probation.

Guess what?

He was arested on June 24, 2009 at 2:30 pm for charges related to a May 9, 2009 incident.

Court Kings Criminal Court
Case # 2009KN049962
Defendant Brauner, Jerry
Birth Year:1953
NYSID:9047326M
Arrest #:K09659939
CJTN:63642601M
Arresting officer from NYPD, Command:66.
Assistant District Attorney Engelsohn,
Assigned: June 30, 2009.

Pre-Arraignment Deposition before Judge J. Wilson on June 25, 2009. Temporary order of protection issued with a bond of $10,000 with cash $5,000.

There was a hearing before Judge E. Laporte on June 30, 2009 and the matter was continued to September 14, 2009.

The charges?

1) PL 240.26 01 Violation, 2 counts, Not an arrest charge, Arraignment charge
Description Harassment 2nd- Phy Contact
2) PL 240.26 01 Violation, 2 counts, Not an arrest charge, Arraignment charge
Description Harassment 2nd- Phy Contact
3) PL 130.55 00 B Misdemeanor, 1 count, Arrest charge, Arraignment charge
Description Sexual Abuse 3rd
4) PL 120.15 00 B Misdemeanor, 2 counts, Not an arrest charge, Arraignment charge
Description Menacing 3rd
5) PL 130.52 00 A Misdemeanor, 1 count, Not an arrest charge, Arraignment charge
6) Description Forcible Touching
PL 130.55 00 B Misdemeanor, 1 count, Not an arrest charge, Arraignment charge
7) Description Sexual Abuse 3rd
PL 130.52 00
**TOP CHARGE** A Misdemeanor, 1 count, Arrest charge, Arraignment charge
Description Forcible Touching
8) PL 120.15 00 B Misdemeanor, 2 counts, Not an arrest charge, Arraignment charge
Description Menacing 3rd

Let's get some publicity on this case so Brooklyn DA Charlie Hynes can't pull another Kolko and Brauner gets put where he belongs ... in jail.

[jewishwhistleblower]

I want Rabbi Jerry Brauner in jail for a very long time.

I challenge the blogosphere to help do that.

Let's publicize this case, let's follow this case and let's report developments.

We have Brauner's addresses and car descriptions in his registered sex offender profile above.

If you see him, post information as to his activities and phone the police and inform them.

Let's take away any remaining anonymity he and his enablers and protectors have.

If our leadership won't, if Charlie Hynes won't ... we the people will.

[steve]

Brauner was invited to be baal tfillah last year on Tisha B'Av at a shul in Boro Park. Maybe the pidyon shvuyim committee can help him get off in time for an encore performance in three weeks.

[steve]

The Chaptzem blog had been following Brauner for a while. They reported about him last November, that a teenager complained about Brauner harrassing him with sexual conversations:

http://chaptzem.blogspot.com/2008/11/convicted-chasidishe-child-molester.html#comments

What bothers me is that he was very well known in the community. He worked at his father's bakery. Yet, the vaad continued to give kosher supervision to the bakery, where he posed a danger to children (see the Isaac Ebbstein case in Queens). In November 2007, Brauner was seen urinating in front of a large group of children. In October 2007, Brauner had been seen swiping at children in the crowded Shomer Shabbos shul. In both cases, the witnesses reported to Chaptzem instead of going to the police. His latest arrest seems to be a clear violation of his probation. Hopefully they will finally put him away for a long, long time.

[steve]

Read more about this convicted child molester:

http://chaptzem.blogspot.com/search?q=brauner

[steve]

Elliot Pasik, in this week's Jewish Press, quoted Dov Hikind on his radio show saying that Brauner was charged with molesting a child in a synagogue.

[nobody]

Perhaps he does not wish to 'show' their are "strict" (as you call it) views on the subject because he does not agree with those mistaken views! Ever think of that?

If he had publicized the other "option" such as that advocated by R Menashe Klein (whoever that is), you would be attacking him relentlessly for such a "machmir" position. (I do not see this as machmir vs. lenient and not sure why you term it that way. It is either permitted or it's not. This rabbi is saying it is permitted).

[steve]

This rabbi is saying it is permitted

Thank you for the permission to report child molesters and other violent criminals to the police. It's nice to know that we don't have to let them roam freely to molest children repeatedly. Imagine if Brauner's latest victim didn't go to the police, how many more children would have been victimized?

[A. Nuran]

He speaks clearly with common sense, logic, citations, historical context and piety. Good for him. May he live 100 years and keep coming out with letters like this.

[Michael Makovi]

Cf. what Rabbi J. Simcha Cohen writes on this subject: http://www.jewishideas.org/rabbi-j-simcha-cohen/reporting-and-prosecuting-jewish-crimin

I myself responded to Rabbi Cohen: http://www.jewishideas.org/blog/reporting-and-prosecuting-jewish-criminals-halakhic-con

[Michael Makovi]

R' Cohen notes the Arukh haShulhan's ruling that mesira does not apply in a democratic government with rule of law, but is reticent to rely on it, because R' Moshe Feinstein argues against it. Therefore, R' Cohen relies on hillul hashem to justify mesira in all cases. (He says that even if the gentiles won't find out now, they'll surely find out eventually, so we should report each and every Jewish criminal, even if his crime is apparently secret and won't cause hillul hashem.)

I argue against R' Cohen: I find this use of hillul hashem to be morally suspect, and I prefer the Arukh haShulhan's argument.

Additionally, I argue against R' Moshe Feinstein, as cited in R' Cohen: R' Feinstein says that if the non-Jewish punishment is greater than the halakhic punishment, then mesira - even in a democratic government - will result in undue punishment to the Jew. I argue against this: a Jew is still a human (R' Hirsch's interpretation of atem keru'im adam) and is still subject to the non-Jewish laws. Therefore, as long as the laws are just, we are not concerned with whether they are more severe than halakhah.

For example: The historical British death penalty for theft was simply immoral, period, irrespective of the fact that it was different than halakhah. But had the British instead punished theft with, say, triple-restitution, we would not be concerned. Triple is more than halakhah's double, but triple is still a just application of rule-of-law, and as long as Britain would apply it equitably to all - Jew and gentile alike - a triple-restitution ought to pose no difficulties for a Jew.

R' Brody's citation of Rabbi Hershel Schachter - "Rabbi Hershel Schachter challenged this thesis, asserting that that Judaism recognizes the "king's power" to determine appropriate punishments for all behavior deemed criminal by Jewish law." - would seem to parallel my argument.

In fact, I argued further: in a case between a Jew and a gentile, it seems more fair to go by gentile law (i.e. the law of the given land) - which applies to both Jew and gentile alike, as both are humans and citizens of the given country - than to go by Jewish law, which is not applicable to gentiles.

[Big Bill]

Is it the refusal to go to goy police that caused this guy to scam for so long?

http://www.myfoxny.com/dpp/news/investigative/090709_Brooklyn_Bill_Collector_Part_2

Even so, couldn't they have gone to the bet din? Or does he just scam MO, C, R and goy victims who will not be heard?

[Big Bill]

The author of the article refers to treating Jews "fairly" and the refusal to treat Jews "fairly" lead to Jewish reaction and resistance to secular law.

But where in Jewish law does it define "fair" treatment, as opposed to "halachic" treatment.

Does "fair" treatment (for Jews) simply mean coming to exactly the same decision that a bet din would come to?

The author suggests some "fair" standard that is different than a Jewish standard, yet does not tell us what this "fair" standard is.

[nobody]

"This rabbi is saying it is permitted

Thank you for the permission to report child molesters and other violent criminals to the police. "

If he had said otherwise you would be jumping all over him, and for good reason. It is precisely because others DO SAY OTHERWISE, that he has to state this common sense position. Why so much cynicism against someone who is "on your side" of this issue? If he gets haredi Jews to report molestors, does it really matter what type of arguments he uses or the fact that you or I think this type of thing doesn't need to be actually said?

It seems that commentors here just like to attack everyone and everything.

[Michael Makovi]

Big Bill:

You ask whether "fair" means due process, or the same as halakhah.

See R' Cohen: R' Moshe Feinstein says "fair" means that same as halakha, but the Arukh haShulkhan says "fair" means non-totalitarian due process, even if not halakhic.

[Seek]

I put it bluntly: If Mrs. Shenbaum is guilty of even half the things for which is accused, she should spend the rest of her life behind prison walls. It's an indictment of Orthodox Judaism that this freak of a human being commands respect in her community. Who gives a damn whether her grandfather was a rabbi?