In order to understand the dynamics of abuse, it is first necessary to understand that it is not simply the relationship of the perpetrator and the victim to a society which has the power to punish and protect the individual. There are in fact two competing systems that deal with the issue of abuse. Much of this book will be dealing with the relationship between these two systems. These two systems are the Jewish community and the secular government. At times in history the Jewish community was largely autonomous and thus there are many Jewish laws dealing with the obligation of the Jewish community to help protect the abused and sanction the abuser. On the other hand there are also times, such as the present, where the Jewish community is largely powerless in instituting programs and sanctions on its members and therefore the actual power to protect and sanction is found in the secular government.
It is important to keep in mind that even in the relatively powerless state the Jewish community is today – there is an important requirement of Jewish law that the authority of the Jewish community be acknowledged – even if it is only as to authorize the involvement of the secular government. In Jewish law this concern is manifest in three different laws 1) not to utilize the secular legal system if possible - since that degrades the importance of the Jewish courts 2) the concern with the prohibition of moser (informer) and 3) the perception of kiddush HaShem (positive perception of G‑d’s chosen people) of chillul Hashem (negative perception of G‑d’s chosen people).
The first one is self‑evident and permission is often just a formality. However the second one of mesira (informing) is a much more serious issue. Failure to acknowledge the role of rabbis and Jewish courts as gatekeepers to the secular authorities - with absolute veto power - can lead to catastrophe. A victim or his family going directly to the secular government can lead to severe social condemnation and rejection from the Jewish community as well as the threat that a informer loses his place in the World to Come. At one time being labeled as a moser was literally a death sentence – either by being killed by fellow Jews or because of the social ostracization which meant neither the Jewish community or the Christian-secular society would acknowledge the person. Not only did any Jew have the right to kill the moser, but it was also a death sentence socially as well as spiritually. Social ostracization in the ghetto mean not only that no one would socialize with the moser or do business with him – it also meant that his family was denied elementary needs such as circumcision or burial as well as marriage partners. The law of moser is detailed extensively in the Responsa literature and is codified in the Mishna Torah of the Rambam as well as the Shulchan Aruch. Jews take it very seriously.
The third law concerning Chilul HaShem is also concerned with degradation of the status of the Jewish community. It results when abuse is reported and revealed to the world. Literally it means profanation of G‑d’s reputation in the world. Jewish theology states that the Jews were chosen by G‑d to be a light and guide to the other nations. Since Jews are G‑d’s people, they not only serve as role models but are expected to be perceived by the nations of the world as being morally and ethically superior. Furthermore the Talmud notes that the status G‑d has in this world is directly tied to the status of the Jewish people. Thus only when Jews are perceived as wonderful and morally superior, then G‑d is also perceived as wonderful and superior This is not just a esoteric theological point but also is reflected in the laws of martyrdom. A Jew is required to die rather than degrade the status of Jews and G‑d. This issue of Chilul HaShem and its positive aspect Kiddush HaShem (sanctification of G‑ds reputation) can be achieved in one of two processes. The first is in fact to ensure the superiority of the society and the elimination of the negative elements or alternatively to conceal the bad aspect and to reveal only the good – or even to fabricate them. For example one can either work to eliminate child or wife abuse or one can falsely proclaim that contrary to the general social norm – the Jewish society has minimal or no incidence of such behavior.
Consequently the first question that must be asked is whether the victim is allowed to go to the secular authorities for protection or to punish the abuser. The significance of this step is largely ignored or misunderstood by the secular authorities – or the hesitancy is assumed to be a vestige of the Dark Ages. However the intervention of the secular authority into the affairs of the Jewish community is a very serious affront to the perceived authority of the Jewish community. It severely disrupts the community itself. The public nature of the processes of the secular system changes forever not only the reputation of the perpetrator but also the victim and the family, friends and community institutions associated with both. [To be continued]
