CCAR RESPONSA
Contemporary American Reform Responsa
6. Informing on Others in Criminal Activities
QUESTION: A prisoner has asked whether he is, according to Jewish law, duty-bound to inform on others in criminal matters with which he is charged. This will probably be part of “plea bargaining.” What is his duty according to our tradition? (Rabbi W. J. Leffler, Lexington, KY)ANSWER: Jewish tradition states that information which, if withheld, would harm individuals or the community, either through criminal activity or considerable financial loss, must be presented. This is based on a Biblical statement (Lev. 19.16) as well as later authorities (Yad Hil. Rotzeah 1.13; Shulhan Arukh Hoshen Mishpat 426.1; Elijah of Vilna Biur Hagra, Hoshen Mishpat 425.20; Isserles to Shulhan Arukh Hoshen Mishpat 388.11). Furthermore, in a criminal case every witness is obligated to testify if he possesses personal knowledge of the events (Lev. 5.1; B. K. 55b; Isserles to Shulhan Arukh Hoshen Mishpat 28.1). It is also clear that a person is obligated to testify before a Jewish or non-Jewish court in order to save himself from threatened punishment. Under such circumstances, one is moser beones (Tur Hoshen Mishpat 388; Shulhan Arukh Hoshen Mishpat 388.8 ff; Yad Hil. Hovel 8.2). We should note that there is no problem of testifying before a non-Jewish court. We have records of a Jewish community handing a Jewish criminal who had injured a non-Jew to a Gentile court as early as the Gaonic Period (700 – 1000 C.E.; J. Mueller, Mafteah, p. 182). It is quite clear, therefore, that Jewish law requires an individual to testify and that there is no reason to hesitate.February 1983
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