New York – On April 7th, 2019, Mayor Bill de Blasio of New York declared a public health emergency on account of the measles epidemic. He ordered a program of mandatory vaccination in parts of Brooklyn. The areas he ordered were the ones with a heavy orthodox Jewish population, because that is where the centers of the epidemic are located.
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In other words, it is now the law of the land, in Brooklyn, that people must be vaccinated.
THE NECESSITY OF THE DECREE
It is a rare type of order, but one that is very necessary. How so?
There are, unfortunately, people – who simply are not listening to what doctors, Rabbis, Gedolei HaPoskim, and experts from the Center for Disease Control are telling them to do – to vaccinate against measles. Their refusal to do so is placing both the public as well as three different groups in grave risk. These groups are: 1] People on Chemo-therapy 2] People with Compromised immune systems and 3] the elderly
If any of these people contract measles – it is highly likely that they will die of the complications of these illnesses.
THE QUESTION
If one is aware that a family is illegally avoiding the law that demands vaccination – is one permitted to inform on them to the authorities? If one is convinced that such an action will save lives – is Mesirah permitted under such circumstances?
In order to address this question, the halachic views of Mesirah in contemporary times must be examined as well as the specific repercussions in this particular situation.
PARAMETERS
According to many authorities, the halachic prohibition of mesirah is defined as informing upon another Jew where he or she would be subjected to punishment in a legal system not based upon Torah values. The laws of mesirah are discussed in the Shulchan Aruch (Choshen Mishpat 388).
SEVERE PROHIBITION
The Talmud and halachic authorities inform us that, unless there are special circumstances warranting it, it is a severe prohibition to inform upon a fellow Jew to the secular government.
This is true even if the person being informed upon is in violation of secular law or Jewish law, or is the source of great aggravation. It is true even if the secular government were to follow what would amount to the equivalent Jewish law on the particular matter.
Aside from these special circumstances, the prohibition of mesirah is most severe; the Rambam tells us (Mishneh Torah, Laws of Teshuvah 3:12) that an informer has entirely lost his or her share in the World to Come. The words of this Rambam are not an exaggeration designed to engender fear and prevent mesirah from happening. The manner in which all halachic authorities cite and quote this Rambam is clear–the Rambam meant it literally: the informer has forfeited his or her share, unless the criteria of the exceptional circumstances were met.
The Gemara in Rosh Hashanah describes the horrifying Gehinnom-filled fate of someone who engages in mesirah. The Shach (Yoreh Deah 388:53) cites a number of authorities (Tosfos and Hagaos Ashri) that someone who actually converted to another religion is better off than someone who engaged in forbidden mesirah.
EXCEPTIONAL CIRCUMSTANCES
What might be an example of the special circumstances? The Maharam Schick (1807—1879), in a responsum in the Choshen Mishpat section of his writings (#50), deals with a case where there was substantial evidence that a woman had killed her husband. He concludes that if, according to Jewish law, the evidence would have been sufficient to punish her, then she must be turned in to the authorities, on account of the verse, “u’viarta ha’ra mi’kirbecha–and you must eliminate the evil within your midst.”
Is the prohibition of mesirah still in full effect in our contemporary society? Some have made the argument that anti-Semitism does not play a role in the dispensing of justice in this country. Others claim that this may be true in some parts of the country, but in light of the comparatively severe sentencing given to a number of ostensibly observant Jews, this is not altogether true.
IS AMERICA DIFFERENT?
So how do the poskim view the prohibition of mesirah in a just, Western democracy?
THE PERMISSIVE VIEW
HaRav Yechiel Michel Epstein, one of the foremost poskim of the 20th century and the author of the Aruch HaShulchan, differentiated between older corrupt governments and the honest governments of Europe (see C.M. 388:7), and especially the Czar’s government, in terms of the prohibition of mesirah.
Some poskim have said, however, that this paragraph was obviously inserted on account of the heavily anti-Semitic Czarist censors, and that it did not reflect the Aruch HaShulchan’s true thinking on the matter. On the other hand, it is difficult to understand why the Aruch HaShulchan would write so extensively merely to appease the censors.
In a similar vein, Rabbi Eliezer Yehudah Waldenberg in his Tzitz Eliezer (Vol. XIX #52) cites the Aruch HaShulchan and concludes leniently. Rav Waldenberg was writing in Eretz Yisrael and did not have the same issues of censorship that it is claimed the Aruch HaShulchan may have had.
By the same token, Rav Yitzchok Shmelkes in his Beis Yitzchok (Y.D. 49:12) concludes that an informer, a moser, does not have the halachic status of a rodef because imprisonment does not lead to danger to life. Indeed, he concludes that informing does not even negate one’s eligibility to give testimony in a Jewish court of law.
Rav Shmuel Wosner, zt’l, in Shevet HaLevi Vol. II Y.D. 58 cites the Gemara in Bava Metzia (83b) to explain that when the issues are strictly of a financial nature, the concept of dina d’malchusa dina–the law of the land is the law–applies, and under rabbinic guidance there may be room to be lenient.
This may be a reason to be lenient and allow mesirah – especially in light of the fact that a grave Chillul Hashem may result if the disease is spread further and that the only two repercussions in this country for not vaccinating are either 1] they may be forcibly vaccinated or 2] They may be subjected to a $1000 fine.
THE STRINGENT VIEW
Rav Moshe Feinstein discusses the issue in two places. In Igros Moshe (Orach Chaim, Vol. V, 9:11) he discusses whether one may turn a thief in to the authorities. He concludes that when the punishment he will receive is so foreign to and in excess of Torah norms, it is not permitted to violate mesirah.
Rav Moshe also deals with (C.M. I #8) the permissibility of a religious Jew serving in an accountant position to ensure that companies are in compliance with government regulation. There he concludes that it is permitted based upon a combination of two reasons: (1) that someone else would be doing it anyway; and (2) his job is determining that the rules are being followed, which is technically not mesirah.
Rav Ezra Batzri in Dinei Mamanos (4:2, fn. 5, p. 86) holds that mesirah is not justifiable in contemporary society and makes the point that it is by no means clear that we are a just and fair society.
Being that the repercussions are so fraught with danger, it is better not to make that judgment call oneself and only do so after significant consultation with a qualified posek.
When MIGHT IT BE PERMITTED?
The Shulchan Aruch (as emended by the Shach in 388:12 and 10) rules that even if a person is causing significant distress to an individual, it is nonetheless completely forbidden to perform a mesirah. If, however, the entire community is suffering, then after the person is warned (see Vilna Gaon and Sanhedrin 72b), they may report the offender.
It seems clear that in this case the entire community is suffering from these individuals as well as the fact that their behavior in not vaccinating is the source of major Chillul Hashem.
CONSIDERED LIKE A RODAIF
There is another exception that would allow Mesirah and that is when the actions of the individual either are or resemble the case of a Rodaif – a pursuer of others. Three major Poskim, for example, permit informing upon a person who can no longer drive safely. These Poskim are Rav Moshe Shternbach shlita (Teshuvos v’hanhagos Vol. I #850), Dayan Weiss (Minchas Yitzchok Vol. VIII #148), and Rav Ovadiah Yoseph (Yechaveh Daas Vol. IV #60).
MEASLES CAN KILL THOSE ON CHEMOTHERAPY AND IMMUNO-COMPROMISED INDIVIDUALS
Although very often measles is a benign disease – this is not always the case. It is deadly in 1 in 2000 cases according to those who have studied the statistics. This author knows a number of people that are quite worried that their child or spouse could contract measles which would be a death sentence for them. It is easy to see the argument that the abovenamed Poskim who permit informing on an unsafe driver would likewise allow informing upon someone that risks lives by not vaccinating.
MIGDAR MILSAH
In halachah, there is a concept called migdar milsa (see Tashbatz Vol. III #168 based upon Yevamos 90b) which literally means “guarding the matter” where the tuvei ha’ir or the roshei kahal can apply corporal pressure to ensure that justice is served. Even though the Bach on the Rif in Perek HaGozel qualifies this to say that only leaders of the entire generation may do so, the practice in Europe was to allow the communal leaders to do so. If the repercussions were just to be vaccinated – it would seem that this should be no different than having the Tuvei haIr apply a corporal punishment.
WHAT IS THE NATURE OF THE NEW YORK LAW?
The New York vaccination order is written in such a manner that it is unclear what the repercussions are – but could be interpreted in both ways. That is – it could force a fine or a vaccination. Mayor de Blasio’s order states that those in the affected neighborhoods who refuse to vaccinate themselves or their children can be be fined $1,000.
The order issued by the New York City health commissioner, Dr. Oxiris Barbot, said anyone who has not been vaccinated “shall be vaccinated.” There is an added warning underneath her signature that states: “failure to comply is a misdemeanor and can lead to fines or imprisonment.”
Later, the NYC Health Commissioner stated that “persistent refusals would be handled on a case-by-case basis, and we’ll have to confer with our legal counsel.”
CONCLUSION
It is this author’s view that there is clear and ample room to allow someone concerned to inform on someone who is endangering others by not vaccinating in the areas where the disease is rampant. The decision, however, should be made by Gedolei HaPoskim. The issue is now being presented to them. Stay tuned.
The author can be reached at [email protected].
One may not be moser on a non-vax, however, it is certainly muttar to punch them in the face.
Not sure about mesira, illegal to punch.
this is Pikuach Nefesh
Even if this whole Torah is true…
It is all built in the premises that the unvaccinated is a ‘Rodef’, which no matter which way you’ll do the statistical math you will never get to that percent…
#1 – FACT: a unvaccinated person it’s not sick. And does not have or is not a carrier of measles until they catch measles… The chance of an unvaccinated person getting measles and being around the immunocompromised person (which isn’t vaccinated) is close to .0000001
#2 FACT #2 : the total statistical death of measles pre the vaccine era was only 450 people a year. Adjusted to the current population growth its approximately 650 deaths. 650 out of a 300 million population is a .00000000001% which is by no means a Rodef.
#3 FACT #3 : if any of those people at risk from measles today would have done what they ‘should have it done’ make sure they have measles as a child (just like chickenpox) they would have never been at risk today. Because unlike the vaccine if you actually have measles as a child you are protected for life. So if YOU are not doing what you need to do to be protected for life, cause you feel the risk of the vaccine is less than the risk of measles, so be it. But I’m not a Rodef of I don’t want the risk of vaccine…
Statistics don’t lie. Facts are facts. If you believe the CDC you have to believe their very own statistics!
So much misinformation here. There has not been a death due to measles in the United States since 1980. The vaccine is not safe by any stretch of the imagination. There has been an explosion of autism cases which is nearly 2% of the population now! Unvaccinated children have almost no autism. There are vaccine courts which have been paying out for autism cases, but it is very difficult to litigate them, as the vaccine manufacturers have no liability!
It is not the vaccine itself that is causing all these complications, it seems it is the neurotoxins added to them called adjuvants. there is evidence that the vaccines are also causing all sorts of autoimmune disorders, even diabetes and heart disease. The CDC is lying to the public, as they are nogeiah bdavar- they own the patents to the vaccines, and every single one on the board of directors is profiting personally from them!
There are studies that show that people that had the measles infection as children live on average 20 months longer.
Really, Vosizneias? Nearly 2,000 words which can be summed up as “read chapter two tomorrow”?
Is the author paid by the word?
The question to ask is not may one report pro-disease measles spreaders, the question to ask is must one report them. Perhaps there is a heter to not report them but this would clearly be an instance of hamerachaim al ha’achzori.
I’m sorry but the author has lost any and all ne’emanus. Something Comrade DeBlasio proclaims makes it the law of the land?!?? REALLY?!??
DeBlasio says lots of stupid things that have no basis in reality and you make him into malchus? So you won’t be eating “processed” meat, whatever the heck that means, especially since ALL meat is processed?!??! You are in with his man made global warming shtussim and narishkeit, which goes TOTALLY against Torah and hashkafa?
Stop making perah odom DeBlasio into a melech!!!
to #4 - “Doc” Where did you go to medical school? There has not been one documented case of autism in the USA, because of the measles vaccine, or any other vaccine. As you stated, kid who have not been vaccinated have been diagnosed with autism. Nobody in the world, to this date, in any country, knows exactly what causes autism.
Regarding this article, the author is telling people essentially to wait until there is a definitive Rabbinical ruling. The fact of the matter is that even if a ruling eventually comes, it could conceivably be contradicted by other Rabbonim. In the meantime, more people will contract measles. While there may not be any deaths per se from measles, people have incurred permanent brain damage. For example, a flight attendant on El Al now lies in a coma in Israel, with brain damage, from measles that she contracted from some passenger, who was not vaccinated.
Incidentally, if I go into a Kosher restaurant, and I see that the place is not kept clean, I will without hesitation contact the local health department. According to Halacha, one is obligated to protect one’s health, and the health of his family.
Mesira=assur. Those that have tried it, have paid a heavy price later on. No matter if you’re pro or anti vax. Al pi din, mesira is not to be taken lightly
Rabbi Hoffman I had great respect for your articles and views but you totally botched up here, I’m not going it to vaccination at all only about the mesirah you wrote, none of the examples you brought have anything to do with the current situation, if a person with measles is going around in public that’s when some of heteirim apply, but a healthy person which is simply is not vaccinated and you just assume he is carrying the disease how is anything you wrote relevant.
This distinction so obvious I have a hard time digesting this was written by you.
A true admirer of of you.
To: #21 - A consumer speaking to the management of a Kosher establishment to keep their place clean, and in compliance with the health laws, won’t have any effect, as he will either be laughed at, ignored, thrown out, cursed at, or worse. It is only when those places are hit in the pocket book, with fines, or threats of being closed by the local health department, does any change occur. As Jews, we are obligated to obey the laws of the country which we live in. This includes reporting violations of laws, which can effect our health. Therefore, asa law abiding citizen, I have a duty and an obligation, to report such violations of the law, to the health department. A coward is someone who sees dangers to the community, and looks the other way.
Rabbi Hoffman:
I can understand comparing a person with measles to a rodef, but how can you compare an unvaccinated person to a rodef?! They are “potential” carriers, but everyone could be considered a potential rodef. Anyone who drives a car could potentially get a seizure while driving, and then endanger anyone in his path. Seriously, anyone in the driver’s seat is a greater threat of danger to society than an unvaccinated individual who could potentially contract measles and transfer it to someone else. For every person who dies from measles, there are thousands that die from auto collisions.
I think we can be more effective tackling the problem without taking an offensive approach essentially attacking non-vaccinated people with mesira.
Schools can require vaccination records for admittance.
Educational material can be prepared to explain to misinformed people why their choice is mistaken.
Qualified people could be called upon to approach anti-vaxers with persuasive discussion.
Anti-vaxers can be shunned from our communities – they could be put in cherim.
I think that mesira could be more harmful than beneficial, besides being totally unnecessary, and unjustified.
May one inform authorities about the “Candyman” in some Synagogues. 100000 times more people die from too much sugar (Diabetes, Heart disease. kidney disease etc) than measles. Its a fact. Just one click away.
To #30 - The “candy man” should not be permitted in Shuls; first of all, it is disruptive to the services. I remember over 60 years ago, at a well known Shul in Flatbush, whereby these kids were running up to the front of the Shul, and causing a disturbance, because the “local candy man” was giving goodies out. The President of the Shul became annoyed, got up and stated that “this isn’t a candy store”. The guy giving the candy out, I’m sure, felt demeaned. Although he meant well, there are legal matters to think of. First of all, the kids can either choke on the candy, or have an allergic reaction to it. Then, the Shul would be sued, as well as the candy man. If the Shul is sued, its liability insurance rates will go up, assuming that its policy is not cancelled. Then, all of the members will have to make up the difference, by having their dues increased. Also, parents can allege that “the candy man” might be a sexual pervert, who is attracted to children. Thus, “candy men” should be banned in all Shuls.
To: #37 - It is not a minhag to give candy out. It is a stupid custom, which can cause injury or death to some kids (i.e. peanut allergies). What did you mean “manage their kids’ allergies? The only way to “manage” an allergy, is to stay away from foods, which can cause a potentially fatal reaction. If a kid dies, and the Shul is sued, everyone in the Shul will pay for it. Also, the person giving out the candy, could be charged with manslaughter.
To: #27 , 28, and 29 (Yamsar, NY’er, and Chasid)- We are not living in an area ruled by the Tsar, where it would have been a death sentence to inform on a fellow Jew. According to your misguided logic, if I have an elderly relative or friend, who should not be driving (i.e. he/she can’t see very well, or have other health issues, which impact their driving), am I supposed to wait until they either kill themselves, or kill another person, before contacting the local authorities? You’d better believe that I will contact the local motor vehicle bureau to take their licenses away, and not wait for a rabbinical ruling. Thi is what is known as common sense. A coward (a term which Yamsar likes to use), is one who would do nothing. Case closed!