Rabbi Michael Leo Samuel

The recent arrest of Rabbi Moishe Turner has sent shock-waves across the insular world of Monsey, N.Y. This 58 year man has been arrested for sodomizing a number of underage boys. Surprisingly, the Haredi (Ultra Orthodox and Hassidic) rabbis of his synagogue were well aware of this man’s behavior and even banned him from attending their synagogue. However, they never called the police, nor did they allow the victims’ families to contact the police. Subsequently, Turner went on to allegedly rape more boys.

As you can see, the Catholic Church is not alone with its scandalous record concerning pedophilia.

While I was reading up on this story, I began to wonder: Why are the Ultra-Orthodox groups so reticent to contact the police when a crime has taken place—especially when it involves the welfare of minors?

The answer to this question has much to do with the cloistered world of the Haredi community; in many ways they share affinities with the Catholic Church. Both communities trivialize crimes against children; both communities prefer hiding behind a cloak of secrecy—lest the outside world find out and expose their complicity and cowardice. Both communities have no moral problem sacrificing an innocent child, if it ensures the general welfare of the collective they share.

Much like in the ancient Greco-Roman tradition, the innocent child has become the scapegoat for their religious communities. His/her sacrifice serves to protect the religious community from scandal and disgrace-but such a delusional attitude does not really work, for the truth will sooner or later come out. The rabbis/Church officials who have both aided and enabled pedophiles to function openly are responsible for this travesty; neither they or their institutions can hide.

There may be other considerations that have been based upon antiquated rabbinical policies that no longer pertain to the United States. In Europe, governments had no qualms about blaming the Jew for any sort of crime—both real and imagined. Given the constant threats these anti-Semitic governments posed, it is almost understandable why the rabbis would have forbidden any Jew to the authorities, for it was never clear whether the accused could reasonably expect a fair trial.

Alternatively, anti-Semites would relish the opportunity to make the entire Jewish community suffer for the crimes of the few. In other words, the Christian community held the Jewish community corporately responsible for the behavior of its citizens. Other arguments assert that the prisons today are so dangerous—even in the United States—that sending an offender there may be tantamount to giving him a death sentence.[1]

Fortunately, the United States personifies the ideal of the “just government.”[2] Corruption and collective guilt really does not exist in this country (except with regard to Affirmative Action). Many of the Haredi Jews living in this country really do not understand the ideals and laws that define the unique identity of the United States. Jews are no longer corporately responsible for the crimes of one of its members. Yet, in their minds, they still see themselves—even three generations later!—as if they are living in Europe during the early part of the 20^th century. Readers may be surprised to know that a large number of these folks can barely read or write English.

I have Haredi family members who still speak Hungarian, or with such a heavy Yiddish accent, one would think they had just arrived off the boat at Ellis Island. Someone should tell them, “You’re not in Russia anymore!” The Haredim need to start respecting the law of the land (dina d’malchut dina).

For both of these Ultra-Orthodox communities, they would be wise to be more concerned with the physical welfare of the victim than the punishment that the offender might receive in prison. By banning parents from reporting these crimes to the police, they are endangering the physical welfare of numerous other potential victims. Are the lives of children somehow halachically considered less important than the life of a predator?

Some rabbis, like R. Jack Simcha Cohen, argue the main reason for turning deviants like Turner in to the authorities is because of hillul Hashem—a desecration of God’s Name.[3] There is something positive to be said about Cohen’s view, even though the prime consideration ought to be the welfare of the child—which is far more compelling than just “looking bad to the gentiles.” By choosing to be silent in the face of this crime, the Orthodox world is broadcasting a message across the world: we are not concerned about Jewish criminals in our midst.

I believe there is yet another factor to take into consideration. There is a biblical prohibition, אַל־תָּשֶׁת יָדְךָ עִם־רָשָׁע לִהְיֹת עֵד חָמָס “you shall not join hands with the guilty to act as a malicious witness” (Exod. 23:1). By sheltering the wicked pedophiles, the rabbis have effectively become partners to the crimes of pedophilia in their midst. As R. Karo in Chosen Mishpat 34 has pointed out (along with the other Halachic scholars in their commentaries), the classic definition of a rasha (wicked man) is not someone who disregards rabbinical prohibitions per se, but it is someone who acts with total disregard toward the biblical prohibitions.

Pedophiles are “pursuers” in the most classical sense of the concept as defined in Jewish law.

How can any rabbinical leader violate the biblical law לֹא תַעֲמֹד עַל־דַּם רֵעֶךָ אֲנִי ה: “Nor shall you stand by idly when your neighbor’s life is at stake. I am the LORD” (Lev 19:16). Why does the verse conclude with the words “I am the LORD”? Rabbinic commentators note that while humans may hide their wickedness from others, they cannot hide their wickedness from God, Who will hold them accountable for their deeds.

The rabbis who perpetuate the conspiracy of silence have blood on their hands, and someday—whether in this world, or in the World of Eternity, they will have to answer for their complicity, cowardice, and for their crime of being silent.