New rabbinical decree mandates reporting sexual harassment

Israel Hayom
January 15, 2017

http://www.israelhayom.com/site/newsletter_article.php?id=39587

Israel Police Commissioner Roni Alsheikh

Following recent scandals involving well-known religious figures, a new ruling determines it is not only permissible, but a duty to report sexual harassment to the police • "There is more common language with police today," prominent rabbi says.

Yehuda Shlezinger and Israel Hayom Staff

In the wake of several recent scandals involving well-known figures from the religious public -- among them former Brig. Gen. Ofek Buchris; former head of the Gush Etzion Regional Council, Davidi Pearl; Rabbi Ezra Scheinberg and others -- a new religious ruling states unequivocally: Sexual harassment or abuse must be reported to the police.

A comprehensive halachic document compiled by the Puah Institute for fertility, medicine, and Jewish law cites five halachic sources and determines that it is not only permissible, but an obligation, to complain about sexual harassment.

The document was drafted ahead of the 17th Puah Institute Conference, which will be held Wednesday.

In attendance will be doctors and rabbis, with the goal of teaching municipal, neighborhood and community rabbis about the latest innovations in the fields of gynecology, fertility, genetics and more. This year, a panel at the conference will specifically examine the religious duty of reporting sexual harassment to the authorities.

The Puah document itself notes that times have changed, and that in civilized society based on an organized system of laws, the halachic edict of "mesirah" -- whereby a Jew is forbidden from reporting the conduct of another Jew to a non-rabbinic authority -- is not applicable.

The document also says that "when the person continues to pose a danger to the public, it is permissible to report him 'even to a non-Jewish authority.'"

Interestingly, the document concludes that "criminal law in Israel coincides with Halachah, even though it is not the law of the Torah."

"Although criminal law was established by people who are not Torah observant, the religious parties did obviously agree to them, and therefore it is okay [to follow those laws]," explained Rabbi Dov Lior, a prominent rabbi in the national-religious community.

Beyond the halachic reasoning for the dramatic shift, there is also a personal explanation behind it.

"The police have changed," said Rabbi Menachem Burstein, chairman of the Puah Institute. "Today there is religious police commissioner [Roni Alsheikh]; a chief rabbi of the Israel Police [Rabbi Rahamim Berachyahu] was appointed; there are religious detectives; there is more common language with the police today."

Burstein added: "Until now, a great deal of fear was involved in turning to the police; people preferred to work with the welfare services and chose not to bring the police into the picture. The situation has changed, and accordingly people are being called on to complain -- without worrying about halachic prohibitions."