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New York - With the issue of sexual abuse and misconduct an unfortunately hot topic in the frum community today, many raise the connected issue of mesirah: whether reporting an alleged offender to the authorities constitutes "informing," or turning a fellow Jew over to non-Jewish hands, traditionally among the gravest of offenses.

In a December 6, 2006 lecture in Teaneck, New Jersey, Modern Orthodox leader and OU posek Rabbi Hershel Schachter laid down the law on mesirah as it pertains to reporting abuse, clarifying several misconceptions. VIN News feels Rabbi Schachter's lecture, the key points of which are reproduced below, is all the more apropos today.

To listen to and watch the entire 42-minute lecture, click below.

* While it's technically loshon hara for victims to vent their pain or otherwise inform a parent or professional of what happened to them when specific names are mentioned, it is permitted nonetheless because it's for a "to'eles l'habah," or a positive future outcome. Children should be taught to not fear loshon hora violations by informing parents or professionals about incidents, Rabbi Schachter said.

* The prohibition of mesirah was created specifically in times of the Gemara to prevent Jews from informing greedy and corrupt governments which of their brethren were well-heeled to save them from robbery. Today, however, in the case of the authorities knowing that "I know that so-and-so is a pervert or a criminal, in such a situation the Shluchan Aruch says there's no issur of mesirah," said Rabbi Schachter, citing from Choshen Mishpat 28:4. He added that a letter sent out a by a Satmar rabbinical court many years ago was misinformed on this very source. "If you look up the chapter and verse that they quoted, it says just the opposite. Mesirah is only if the fellow is innocent. If the fellow's a criminal and the government wants to put him behind bars or whatever it may be, then it's not mesirah."

* On the issue of avaidas akum, the halachah that states that a lost object belonging to a non-Jew need not be returned—except where returning it generates a kiddush hashem, including returning "lost" unpaid taxes, in which case (at least technically) reporting a fellow Jew cheating on taxes is not mesirah.

* Removing a chillul hashem from the community by reporting a violator is not mesirah.

* However, if in the court system or prison the Jewish violator will suffer more than the law requires him to because of anti-Semitism, then it is a question of mesirah.

* Not only is mesirah not always asur, but sometimes even recommended, such as when a doctor sees that his female patient has been beaten.

* If a fellow Jew is a known public menace, since the batei dinim do not have an enforcement mechanism to stop him, he must be turned in. "We don't have the system to deal with him—if we did, we wouldn't be allowed to give him to the government."

One may not decide alone—a shaalah must be asked of a rov and/or beis din in each case.

Rabbi Shachter, however, followed up the shiur with a written explanation and summary:

The prohibition of mesirah is well known among religious Jews. The severity of this issur becomes ever so clear when we read in Shulchan Aruch that a mosser is dino ke'akum with respect to writing a sefer Torah (Yoreh Deah 281:3) and with respect to shechitah (Remah ibid 2:9). Even if the mosser is otherwise an observant individual, and is meticulous in fulfilling his religious duties, because he demonstrates his rejection of the unity of all of Klal Yisroel (by his act of mesirah), he is treated as an akum (see Rambam, Hilchos Teshuva 3:11 and Nefesh Horav pg. 235).

If, however, one is guilty of a crime, and according to the law of the land deserves a prison sentence, or will be put to death, even though according to Jewish law his punishment would not be as severe, this is not mesirah (see Ritva to Bava Metsia 83b; Dvar Avraham vol. I pg. 8). One would still not be allowed to hand this individual over to the civil authorities because this is the equivalent of returning aveidas akum, which is usually not allowed. In an instance of avoiding a chilul Hashem, just like we would be obligated to return the aveidas akum, so too we would be obligated to hand over this individual (see Rama, Choshen Mishpat 388:12).

If the non-Jewish governmental authorities know that one Jew is concealing information about another Jew in order to save him from punishment, the Shulchan Aruch (Choshen Mishpat 28:3) considers this a situation of chilul Hashem. Similarly, for many generations it was the practice that if a gneiva had occurred, and suspicion had fallen on the Jewish community, rather than allow that suspicion to hover over the entire community, the roshei hakehol, with the permission of the rabbonim, would inform the non-Jewish authorities who might possibly be the real ganav (Be'er Hagola, Choshen Mishpat 388:12).

Even if one is guilty of a crime and deserves a punishment according to the laws of the land, but due to anti-semetic attitudes he will probably suffer more than if he were a non-Jew; or, the (state) prison conditions are such that he will suffer at the hands of the other inmates (or at the hands of the guards) in a manner that is not proscribed by law, then turning the offender in would constitute mesirah, since his added suffering will be shelo kadin. However, mesirah is permitted in situations where one is a public menace (see Shach to Choshen Mishpat 388, 59), or if one is physically or psychologically harming another individual (for example, in instances of sexual abuse of children, students, campers etc., or spousal abuse) (see Shach to Choshen Mishpat ibid, 45).

The Jewish community does not have the ability to investigate these types of cases. Wherever there are raglayim ladavar that there seems to be a problem, the proper government agencies should be contacted to investigate.

Just as in other areas of halachah, one should consult a competent moreh horaah when faced with such a shayla. Just because one is knowledgeable in Yoreh Deah vol. I or one delivers a good pilpul shiur on sugyos in Nashim or Nezikin, it does not necessarily follow that that individual will be qualified to pasken on hilchos mesirah – lehakel or lehachmir.