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Mesirah

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Mesirah (or mesira, [to turn over] Error: {{Lang-xx}}: text has italic markup (help)) is the action in which one Jew reports the conduct of another Jew to a non-Rabbinic authority in a manner and under the circumstances forbidden by Rabbinic Law.[1] This may not necessarily apply to reporting legitimate crimes to responsible authority, but does apply to turning over a Jew to an abusive authority, or to a legitimate one who would punish the criminal in ways seen as excessive by Jewish community, though "excessive" punishment by non-Jews may be permissible if a precept of the Torah has been violated.[2]

The term for an individual who commits mesirah is moser or mossur.[2] A person who repeatedly violates this law by informing on his fellow Jews is considered subject to "Din Moser" (law of the informer), which is analogous to "Din rodef" in that both prescribe death for the offender,[1] and according to some, in some circumstances he may be killed without warning. [3]

Modern times

According to Michael Broyde, there are many different opinions among twentieth century Rabbis as to the extent and circumstances mesirah is still valid in modern times. [3]

According to The Times of Israel and a Channel 4 investigation, the concept of mesirah was used by a Haredi leader to protect community members investigated for child molestation from police investigation.[4][5]

The principle of mesirah has also been used to dissuade Jewish auditors from reporting other Jews to the IRS for tax fraud.[6]

Rabbinic courts in Israel have been known to issue writs calling for social exclusion of Jews bringing legal issues to Israel's civil courts.[7]

  • "Informing on Others for Violating American Law: A Jewish Law View". jlaw.com. Retrieved 4/9/2014. {{cite web}}: Check date values in: |accessdate= (help)
  • "Mesirah: Two Contemporary Views". torahmusings.com. Retrieved 4/9/2014. {{cite web}}: Check date values in: |accessdate= (help)
  • Sex-Abuse Cover Ups: The Mesirah Mess Tuesday, June 5, 2012, The Jewish Week

References

  1. ^ a b Rabbi Michael J. Broyde. "Informing on Others for Violating American Law: A Jewish Law View". Retrieved 2012-08-19.
  2. ^ a b Alfred S. Cohen (1984). Halacha and contemporary society. KTAV Publishing House, Inc. pp. 100–. ISBN 978-0-88125-042-8. Retrieved 27 February 2011.
  3. ^ a b Informing on Others for Violating American Law: A Jewish Law View. "Broyde".
  4. ^ Miriam Shaviv. "UK Haredi chief caught telling alleged victim not to tell police about abuse". The Times of Israel.
  5. ^ "Parents ignore child abuse at rabbi's advice". Ynet News.
  6. ^ Joshua Hammerman. "Sex-Abuse Cover Ups: The Mesirah Mess". The Jewish Week.
  7. ^ "'Many ultra-Orthodox rabbis view use of state courts, in Israel and in the Diaspora, as a violation of a principle of Jewish law.' (May 22, 2013) The Jerusalem Post" http://www.jpost.com/National-News/Court-to-review-rabbinical-courts-social-exclusion-order-313935