3

Inspired by a good question asked here that did not receive any serious answers.

Are there prohibitions (under mesirah or elsewhere) on turning over a fellow Jew to authorities other than the government, with the expectation that he may receive punishment other than the State's criminal penalties? For example, is one allowed to turn in a cheater to school authorities if doing so may result in his being kicked out of the school?

Related: Loshon hara vs. Honor code

Community
  • 1
SAH
  • 19,756
  • 4
  • 56
  • 165
  • 1
    Sorry I don't own the seffer to double check so I'm not posting this as an answer, but perhaps this lead can help you. Rabbi Elyashev is quoted in Ashrei HaIsh as saying one may call the mishtara (police) to report neighbors that are disturbing the peace. This is not considered mesira. It's in the section on Yoreh Deah. This of course is not meant as anywhere near helping to make a hallachik decision, just a lead. – user6591 Dec 13 '15 at 00:25
  • @user6591 The police are a government entity. The reason it's not mesirah is because in that case, it may be permitted to tell the authorities. – LN6595 Dec 16 '15 at 17:07
  • 1
    I doubt it's mesirah, but it would still be plain ol' Lashon Hara – LN6595 Dec 16 '15 at 17:08
  • @ln6595 You would have to see the case inside next to the other similar cases which were assur being that the agency one was reporting to was not allowed. – user6591 Dec 16 '15 at 17:13
  • @user6591 So where could I get a complete list of which agencies are "not allowed" for reporting? – SAH Dec 16 '15 at 22:23
  • Your local orthodox rabbi? Probably not what you want to hear but...... – user6591 Dec 16 '15 at 22:38
  • @user6591 Lol, got it. Wondering, though, if "institutions" such as school principals are on there. – SAH Dec 16 '15 at 23:47
  • 1
    Well one more idea is presented by Rabbi Moshe Feinstein where a Jew working for the I.R.S. can turn in a Jewish tax cheat being that it is his job to turn in tax cheats and he didn't take the job originally specifically to find Jewish tax cheats. – user6591 Dec 16 '15 at 23:51
  • @user6591 Nonetheless, these--the IRS, the police--are all the government. I'm wondering about private institutions. Can you turn someone in to the management of a private institution if the potential result is "only" that he will be kicked out of the institution? (My guess is yes, at least according to mesirah law alone...) – SAH Dec 17 '15 at 10:23
  • 1
    @SAH agreed, to a degree. I was pointing out these cases to raise that type of point. Even government agencies are not automatically off the table. – user6591 Dec 17 '15 at 11:04
  • @user6591 Oh, got it – SAH Dec 17 '15 at 12:45

1 Answers1

-1

Mesirah only applies where a Jew will receive unjust treatment vis-a-vis their Jewishness. I.e. this does not apply to the school cheat.

However if it does not personally affect you this would be assur because of lashon hara which is assur even on something true.

If kicked out of school the person would be able to be toveah you in beis din for damages.

pcoz
  • 2,020
  • 8
  • 12