LEVITICUS | 5:1 testify — LEV39 The law of the pursuer demonstrates, howeve...
LEV39 The law of the pursuer demonstrates, however, exactly how far Jewish law was willing to go to stop attacks. And if it justifies even homicide to prevent an assault, it certainly expects third parties to intervene in less violent ways to protect victims from further abuse. That includes reporting cases of abuse to legal authorities. This is not only required as part of the effort to save lives but is also specifically demanded in the Torah according to the Talmud's interpretation of the Torah's verses cited at the beginning of this section." One may not stand idly by the blood of one's neighbor" demands coming forward to help someone who is being attacked (Leviticus 19:16.) The new translation of The Jewish Publication Society reads, "Do not profit by the blood of your fellow." The meaning of this phrase is uncertain. As the note to the verse says, the new translation interprets the verse in the context of the civil legislation in the verse immediately before it. The rabbinic tradition, however, interpreted and applied Leviticus 19:16 to establish a positive obligation to come to the aid of those in danger; see M. Sanhedrin 8:7 and B. Sanhedrin 73a). One who has information to report and fails to do so also violates [this verse] "If he does not come forth with his information, then he shall be subject to punishment" (M.T. Laws of Testimony 1:1). While in monetary affairs, the witness may wait until summoned, in other matters, such as abuse, the witness must come forward voluntarily to "destroy the evil from your midst" (Kesef Mishneh to M.T. Laws of Testimony 1:1 and Rosh to Mikkot, chap. 1. #11. "Destroy the evil from your midst" occurs a number of times in the Torah as a general purpose of the law: Deuteronomy 13:6, 17:7, 19:19, 21:21, 22:21, 24:7; See also 17:12 and 22:22). For that matter, even suspicions of abuse must be reported to the authorities, for Jewish law maintains that Jewish law, including the law against defamation, must be violated even when the threat to someone's life is not certain (safek nefashot) (M. Yoma 8:6; B. Yoma 83a; M.T. Laws of the Sabbath 2:1; and S.A. Orah Hayyim 328:10). The positive duty to inform authorities applies to witnesses of abuse by a spouse, a parent, a teacher, or anyone else. Witnesses to spousal abuse or to its results may understandably feel reticent to interfere in what might be construed as a couple's private affairs, especially since raising the issue may cause one to lose a friend, particularly if the abused party refuses to acknowledge the abuse and becomes defensive. Even if the abused spouse admits the abuse to a friend, neither the abused party nor the witness may want to expose the family to the humiliation involved in making the abuse public, preferring instead to deal with it within the family. That, however, almost never works; if there is any chance that the marriage can and should be saved, it will have to be with outside, professional help. More often the abused party needs help in extricating herself (usually) from the marriage altogether. Thus for all their understandable hesitation, witnesses to spousal abuse must inform the authorities, for failing to do that exposes the abused party to the risk of further maiming and even death. Defamation of the abuser will probably occur, but that concern is definitely superseded in Jewish law by the need to save the physical integrity and the very life of the victim. The same is true for child abuse.… Similarly, witnesses to child abuse perpetrated by teachers, counselors, or youth group leaders must report even suspicions of such abuse to the authorities.
Source Key | DORFFLOV |
Verse | 5:1 |
Keyword(s) | testify |
Source Page(s) | 181-2 |