Mesirah for serious crimes and abuses

Question

I’m curious whether Halacha permits certain leniences for Mesirah for serious crimes based on pikuach nefesh or related similar reasoning. For example, cases of sexual abuse of minors, battery etc. even if no one technically dies do any of them count under pikuach nefesh in a broader sense? This is of course where one knows for certain an offense has occurred, could they report them to secular police authorities if there is no Beit din with proper power to do action?

Answer 1

So Rav Chaim Jachter has a fascinating three-part series on Mesirah: Part 1 Part 2 Part 3

In Part 2 he brings up the scenario of child abuse and brings a Tzitz Eliezer that discusses such a case:

Rav Waldenburg (ad. loc.) [Refer to Tzitz Eliezer 19:52] was asked whether Halacha permits a physician to report situations of child abuse to government authorities. Rav Waldenburg permits reporting such cases if there is legitimate and very serious concern for the welfare of the child. Rav Waldenburg makes a critically important interpretation of Shulchan Aruch Choshen Mishpat 388:9, which states that Mesirah is forbidden even regarding someone who is “an evildoer and sinner.” Rav Waldenburg explains that the Shulchan Aruch is not speaking of a case where the Mesirah is to prevent him from performing the sin he violates. Rather the Shulchan Aruch states that the fact that someone is a sinner does not justify a Mesirah for another unrelated cause. Rav Waldenburg explains that the Shulchan Aruch does not forbid informing the government authorities when the government will prevent the evildoer from committing the evil he perpetrates.

Even though the Shulchan Aruch (ibid.) forbids Mesirah if just an individual is being victimized, this applies only if the wrongdoer engages in verbal abuse (see Rama ad. loc. Shach ad. loc. number 45 and Biur HaGra ad. loc. number 59). If, however, there is substantial abuse the victim is permitted to save himself and, as Rav Waldenburg notes, the community is obligated to protect the welfare of its children and report suspected abuse to the civil authorities. He does express concern, though, for a child being placed in a home of a Nochri or a non-observant Jew. Indeed, Rav Shlomo Zalman Auerbach requires (cited in Nishmat Avraham 4:208) all efforts be made in such cases to ensure that if the child is removed from his family that he will be placed in an observant Jewish home.

He goes on to talk about the other potential issues and explains that there is a difference when there is substantial harm.

He notes another issue that civil law dictates that educators and the like are required to report child abusers to the local police. This could fall in line with the maxim expressed in Bava Metzia 83b-84a, namely that it could be regarded as "הרמנא דמלכא" - "a royal/king's decree" and thus justified in reporting the suspect.

Finally he quotes from Rav Schachter who spoke in a Teaneck address) about the issue of mesirah and stressed that parents and educators should teach children to report to them cases of abuse.

However, he ends that section as follows:

Rav Schachter cautions, though, that sometimes reports of abuse are of highly questionable veracity. Therefore, Rav Schachter advises Rabbanim to consult competent professionals who can determine the legitimacy of the claims of abuse. This concern also stresses the need for each case being presented to a competent Halachic authority for adjudication before reporting such cases to government authority. Rav Eliashiv (Kovetz Teshuvot 3:231) expresses similar concern. An example of a Rav who makes such determinations is Rav David Cohen who serves as the Posek for Ohel, a New York social service organization, who regularly is posed with such situations for adjudication. Indeed, the example of Potiphar’s wife unfounded slander against Yosef HaTzaddik compels us to exercise caution and to do our best to insure that innocent individuals are not maligned either by malicious or disturbed individuals.