Comments on: RCA Reaffirms Importance Of Referring Suspected Child Abuse Or Endangerment To The Authorities Without Delay

By: Chein

Chein — Wed, 27 Jul 2011 17:31:23 +0000

#22: Pehaps your modern crowd doesn’t listen to Gedolim like Rav Elyashev shlit”a. Kol Hakovod if you at least have some rabbi to listen to. But most of Torah Jewry holds Rav Elyashev as the posek hador.

And Rav Elyashev clearly stated a posek must first be consulted before massering. And if the posek determines halacha doesn’t allow it, i.e. the accused is no longer a threat OR their is no substantial proof against the accused, etc. then massering is strictly prohibited al pi halacha and the Torah HaKedodosha and someone who c”v attempts to masser can be killed before he does so.

By: Chein

Chein — Wed, 27 Jul 2011 17:28:32 +0000

The Aruch HaShulchan prohibits massering and mesira. You are reading the “disclaimer” added at the behest of the Czarist Russian censors who weren’t too fond of the hichos mesira.

By: RavBaruch

RavBaruch — Wed, 27 Jul 2011 06:07:13 +0000

Chein, as much as you wish this to be the reality, it is far from the truth. Rav Eliashav is not the posek hador and there are many other poskim who are consulted and have opinions that differ from him.

By: charliehall

charliehall — Wed, 27 Jul 2011 04:20:27 +0000

What seems to be ignored here is the view of the Aruch HaShulchan and the Tzitz Eliezer that there is no prohibition of mesirah at all in our times. They can certainly be relied upon.

By: charliehall

charliehall — Wed, 27 Jul 2011 03:46:55 +0000

‘Mandated Reporting Laws are just one more ill concieved idea from “feel good” liberals that has proven adisastorous failure.’

So you are saying that if I don’t like a law I should just disobey it?

Are you a mandated reporter? Is your life and parnassah at risk here?

By: devorahle

devorahle — Wed, 27 Jul 2011 01:43:22 +0000

We have our own ambulances (hatzolah), policemen (shomrim) and even firemen in some areas; maybe it’s time we organize our own CPS so we can report suspected abuse to frum professionals who can work with Rabbeim to help children and families.

By: charliehall

charliehall — Wed, 27 Jul 2011 01:31:01 +0000

“All of these American Gedolim’s American adherents, including rebbeim, school teachers, therapists, doctors, counselors, etc. will follow halacha first as described by their rabbonim/gedolim who accept Rav Elyashev.”

Not in this case if they are mandated reporters — or they won’t be therapists, doctors, counselors much longer. But in any case almost all the frum mandated reporters have rabbis who will accept the RCA position.

By: Ben Levi

Ben Levi — Tue, 26 Jul 2011 23:19:05 +0000

I fail to uderstand the hoopla around Mandated Reporting Laws.
Mandated Reporting Laws are just one more ill concieved idea from “feel good” liberals that has proven adisastorous failure.
In this case the terrible unintended consequences have literally destryed lives and families.
Thank G-d those of us who follow Torah Law have been insulated from the horrible effects of these horrific Laws concieved by people who have no children to try and tell others who have children how to parent them.

By: Chein

Chein — Tue, 26 Jul 2011 22:38:38 +0000

Rav Elyashev’s psak is accepted as binding by the Gedolei Yisroel in America, including by consensus all the members of the American Moetzei Gedolei HaTorah. All of these American Gedolim’s American adherents, including rebbeim, school teachers, therapists, doctors, counselors, etc. will follow halacha first as described by their rabbonim/gedolim who accept Rav Elyashev.

BTW, even the Chasidim and Sefardish Gedolim sit on the American Moetzei Gedolei HaTorah with the Litvish Gedolim that adopted Rav Elyashev’s psak din. Throughout Torah Sefardic and Chasidic world you will find utmost respect and adherence to Rav Elyashev’s psak, except in the rare times that the Sefardic decisor Chacham Ovadia Yosef or their Rebbe disagrees on a limited circumstance.

By: charliehall

charliehall — Tue, 26 Jul 2011 21:49:35 +0000

“Rav Elyashev is the Posek HaDor and for most of Torah Jewry his word is the final word.”

WADR to Rav Elyashiv, his opinions are accepted by the Lithuanian Charedi community and no other. He is not the Posek HaDor for Chasidim, who follow their own Rebbes. He is not the Posek HaDor for Sefardim, who mostly follow Rabbi Ovadiah Yosef. Modern Orthodox Jews in America mostly follow Rov Soloveitchik’s talmidim, and Dati Leumi Jews in Israel have numerous distinguished poskim including Rav Aviner, Rav Henkin, and Rav Lichtenstein. I rarely hear Rav Elyashiv’s halachic positions in shiurim I attend.

The fact is that Mandated Reporters in the United States are not going to be asking Rav Elyashiv many shilahs. Rav Elyashiv is in Israel, not America, and does not speak English, and this is a question concerning American law. Furthermore, the militant isolationism of the Israeli Charedi community is such that having a profession that would make one a mandated reporter is so discouraged that there would be few if any persons who consider themselves part of the Torah derech of Rav Elyashiv who would be in the position of mandated reporters. Most mandated reporters in the US will have an RCA rabbi as their posek, and they will follow this opinion that mandated reporters are absolutely permitted under halachah to report suspected abuse as required by law. They are absolutely entitled to do so.