In addition to rabbis being the gatekeeper to those who want to utilize resources from the secular government - when the Jewish community lacks the power to properly protect the children – they have a much more fundamental function.The Jewish community is not absolved of its obligations to its members just because the secular government can step in when asked. In fact the Jewish community must first do all that it can to protect its members – before involving the secular government. In other words if the Jewish community can in fact protect its members there is theoretically no basis for permitting contacting the secular authorities. What in fact are the obligation of the Jewish rabbis and community leaders? There is a fundamental requirement that applies to all Jews – especially rabbis and community leaders. This is expressed in a number of mitzvos including the following:
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.
It would follow from the above that the leaders have an obligation to make sure that molesters do not get jobs dealing with children. Being a leader doesn’t exempt a Jew from this mitzva. In fact he bears greater responsibility because he has greater power. That means that they need to notify and warn people concerning potential molesters. If they know or even suspect that a teacher or community member is a molester - they need to publicize that there is a real concern and children need to be watched carefuly. It also means that there needs to be a reliable registery of all those that jobs in yeshiva to have a full background check. They need to be fingerprinted. It also means that all information – which includes rumors – needs to be readily shared and accessible. There have to be sanctions that can be applied to someone who is a molester – even if it means harming the molester's family and/or yeshiva.
In other words if the Jewish community insists Jews can not go to the secular authorities with their complaints and concerns because of the laws of moser and a chillul haShem – then they have the full responsibility of the Torah obligation to protect people from harm. What are they doing to fulfill this responsiblity?
To be continued