[Avodah] some halachot of moser

[Daniel Eidensohn]

Zev Sero wrote:
>
> The Ramo permits the *victim* of a violent crime to masser his
> assailant.  I'm not sure that other people are included in this heter.

I don't understand why you would think that possibly only the victim can 
report his assailant to the secular authorities. Aside from the fact 
that the source of the Rema explicity says otherwise.

*Maharach Ohr Zarua^ **(#142): … * Therefore it would appear that while 
the victim of the beating is still angry at his assailant and he hasn’t 
calmed down by complaining to the secular authorities and he can not 
restrain himself from taking revenge – either the victim himself or his 
relatives who are close to him   - as a result I am afraid that the 
perpetrator already has become wicked and that it is a minor thing in 
his eyes to beat him again and this will lead to murder. It is therefore 
not only the victim who is allowed to file a complaint with the secular 
authorities, but it is in fact a mitzva for everyone to report to the 
judge that Reuven hit Shimon. Therefore those who are filled with rage 
report the crime to the secular authorities so the situation will not 
escalate. And if this reporting to the secular authorities leads to the 
judge taking advantage of the perpetrator and taking away all his money 
– than the information is exempt. Because if he isn’t exempt then no 
person will attempt to save his fellow man from the assaulter. ... If 
the assailant is someone who regularly hits others and has done it 
repeatedly and openly – and from his actions it is clear that he will 
beat up anyone who disagrees with him – then it is a clear mitzva for 
every Jew to report him to the secular authorities and request that he 
be stopped. However if as a result of informing the secular authorities 
they mistreat him and take away all his money – the informant is not 
liable. Whoever is involved in improper behavior or with non-Jewish 
women or with anything which might bring harm to the community – if the 
community warns him to stop and he doesn’t listen – it is permitted to 
inform on him to the secular government – that he is doing disgusting 
things.

It seems clear from other sources that this ability is not limited to 
the victim

*Sema (C.M. 388:30)*:This that the abuser is not reported to the secular 
authorities is only when he is verbally abusive to the individual but if 
he causes financial loss and surely if he beats him or causes bodily 
suffering it is permitted to report him to the secular authorities as is 
stated in the Rema and the Darchei Moshe. 

If this is based on din of not standing idly by the blood of your fellow. The Rambam says:


*Rambam^ **(Hilchos Rotzeach 1:14):* Whoever has the ability to save 
someone and yet doesn’t - transgresses Vayikra (19:16): Do not stand 
idly by the blood of your fellow man. Similarly if one saw his fellow 
man drowning in the sea or being attacked by bandits or wild animals and 
he had the ability to save him himself or hiring others to save him – 
and yet he didn’t save him. Or he heard that non-Jews or informers were 
plotting to cause someone harm and yet didn’t warn the intended victim. 
Or he knows that a non-Jew or influential person is upset with a fellow 
Jew and he has the ability to placate them and to eliminate their 
complaints and doesn’t placate them. And all similar situations which a 
person doesn’t save his fellow man when he had the ability to do so – 
has transgressed the prohibition of “don’t stand idly by the blood of 
your fellow man.”

If it is an aspect of rodef then again - all Jews are commanded to help

*Shulchan Aruch**^[1] * <#_ftn1>*(C.M. 425:1): *One who runs after 
another person to kill him and he is warned and yet continues pursuit – 
even if the pursuer is a child – all Jews are commanded to save the 
pursued by damaging a limb of the pursuer. However if that is not 
possible and the pursued can only be saved by killing the pursuer then 
he is to be killed – even though the pursuer hasn’t yet killed the 
pursued. *Rema *If one breaks into another’s house to steal – he also is 
considered a pursuer (rodef).  But if it is known that he only broke in 
for the sake of money and that if the owner resists he would not kill 
him – then it is prohibited to kill him…. Someone who endangers the 
community such as being involved in counterfeiting in a country where 
the king strongly objects – then he has the status of rodef and it is 
permitted to inform on him to the secular authorities…




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