Rabbi Menashe HaKutan breaks wind.
Rabbi Menashe Klein is a prominent haredi rabbi (a "Gadol") living in Brooklyn, New York.
Rav Menashe Klein (Mishneh Halachos 16:58):
… Shulchan Aruch (C.M. 388:9) writes that it is prohibited to cause a Jew to be handed over to the secular government whether physically or his money - even if he is a wicked person and even if he irritates and causes someone distress. It would seem from this statement of the Shulchan Aruch that it is prohibited to report a person to the police. Nevertheless in Nishmas Avraham (C.M. part 4 page 207) he cites in the name of Prof Avraham Sofer that Rav Eliashiv, the Tzitz Eliezer, R’ Shlomo Zalman Auerbach classify a molester as a rodef (pursuer) and that they rule that it is permitted to report the molester to the police. However I don’t have this book to see what they actually said…
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Concerning the issue of whether it is permitted to give him over to the secular courts (see Shulchan Aruch 388:9). But this that you want to say that he is a rodef (pursuer); I don’t know what you mean. In the case of the rodef we have an established principle that if we can stop him by damaging one of his limbs then he should be stopped that way. Therefore in our case we can say that after the matter has been clarified that he in fact committed the crime, nevertheless he can be stopped by firing him from the school and therefore he will not have the opportunity to do the crime again. Since the administration can stop him in this manner they have no right to punish him by given him to the secular government since he is no longer a rodef. Furthermore if he is now pursued after he has been fired then the victim becomes the rodef and the rodef becomes the victim. If it has been clarified before proper witnesses that there is an alternative way of dealing with him by firing him – it is prohibited to hand him over to the government. And surely in the case where the facts have not been clarified by proper witness as I said before – but only by means of circumstantial evidence. Nevertheless he does not have the status of a wicked person except by means of proper witnesses. So surely it is prohibited to hand him over to the police and to have him imprisoned. (Also because in the case of imprisonment when he is freed he will be like he was before.) Nevertheless after he has committed a transgression we have no ability give him a punishment of flogging because we don’t have a beis din with proper semicha. We do have the ability to make various decrees but what ever is done must be done according to the Torah and with a proper beis din. Nevertheless in a situation where all the clarifications of facts have not been done according to the Torah as we have written, even though it is possible to fire him from the school – but G‑d forbid to hand him over to the police and have him imprisoned.Therefore I am extremely upset that there are rabbis that have decided to give permission in all cases to go to the civil courts. There are cases of people who have come to me where a child who learns in the school and has various problems with the teacher and has accused the teacher of pursing him in a disgusting manner. Even though there is no previous history of such a thing and he has acted like any other religious teacher. Nevertheless they go to a rav who tells them immediately to call the police. That is in my humble opinion a very serious prohibition. Concerning this the Shulchan Aruch (C.M. 26) says that a person who goes to the secular courts is a wicked person and is like one who blasphemes and raises his hand against the Torah of Moshe. The Rema adds to the Shulchan Aruch and says to punish anyone who assists in this endeavor. Thus one who rules that one should go to the secular courts is included in one who assists in this endeavor. In addition he is giving permission to be a moser and to go to the secular courts which is included in cherem – G‑d forbid.
This isn't the first sick, ill informed ruling from Rabbi Klein on this issue. Here is how he deals with the issue of kosher witnesses for the crime of child sexual abuse. Please click to enlarge:
In other words, Rabbi Menashe Klein rules that an 8-year-old girl who has been raped and who identifies her father as her rapist to a trained medical professional is not to be believed. That medical professional is also forbidden to call police or social workers or child protection or do anything else that could get the father arrested.
If the medical professional is about to call police and cannot be stopped any other way, he can and should be killed.
And the father?
The father remains just as he was before, free.
Rabbi Menashe Klein is a haredi "Gadol."
All of the above quoted material (and the PDF linked below) from Rabbi Klein's writings comes from Rabbi Daniel Eidensohn's blog, Daas Torah.
Download Rabbi Menashe Klein Child Abuse Reporting
Update 11:15 am CDT – I think this comment from ah-pee-chorus is extremely important:
In rational society lawmakers and law-interpereters are presumed to have the foresight to analyze what the ramifications of their rulings will be. and in a community of rational people, this, most basic concept would not only be expected, but demanded. the torah even requires that its devotees adhere to this principle. it lays out this universal qualifier very clearly. vo'chai bahem, and lo bashamayim . you must be able to live with the laws as interpereted, as they are not given in the vaccuum setting of heaven, but rather here on earth, with many variables to consider.
so lets consider what affect this amoral and thought-free ruling will have.1. children- much more likely to be victims of sexual abuse,molestation and rape, since a pedophile would correctly reason that there is no danger of being caught and going to prison.
2.parents- much more likely to have their children be victims of sexual abuse.
3.society- huge negative impact in having to deal with the many families whose lives will be marred by these heinous acts.
4.the torah- will be seen as a vehicle which is not only powerless to prevent sex abuse, but as an enabler.
5.pedophiles- should jump for joy. this is an open invitation to rape as many children as they can, knowing that if this ruling is followed, there is no risk to them.Having considered all this, Klein, the enabler, has determined that this is still proper. If it were just Klein, he could be dismissed as a complete fool. but what can be said for the many thousands who will revere this ruling, quote this psak, and follow it to a tee? it is almost too sad for words.