Clifford E. Librach
24.
25,
26. 27 . See footnote 19, supra.
be honored and observed under the rubric of dina d’malchuta dina. I do not agree. If child abuse is observed or suspected from information obtained outside the bounds of a confidential rabbi/congregant relationship, then such information may and should be reported to secular and civil authorities pursuant to general principles of Jewish law apart from any applicable state statute. If, however, the knowledge is obtained in the context of a confidential relationship, its confidential character and the constraints placed by Jew ish law upon its breach mandate, in my opinion, its protection and the rabbi’s refusal to disclose. Even in cases of extreme urgency, circumstances in which direct observation of a putative victim is possible by a rabbi or other synagogue professional, confidentiality is preferred not the breach of professional clergy confidentiality. Dina d’malchuta dina is not understood by Jewish tradition to be an all-emcompassing and ever-elastic standard which incorporates any block of secular law as binding and valid. When it conflicts directly with standards of Jewish law(as, I argue, here) its value must be weighed against the value of the countervailing principles of Jewish law then in contention.
_ Moshe Feinstein , Iggerot Mosheh, Hoshen Mishpat 192.
_ Maimonides , Hilkhot De’ot 7:2; Yoma 4b.
. Michael J. Broyde , The Pursuit of Justice and Jewish Law(New York : 1996) p. 25. _ Other halakhic concerns involve the avoidance of the negative mitzvot of lashon
hara and lo tailaich rachil. See Cohen, Rabbi Alfred S.,“On Maintaining A Professional Confidence,” 7 Journal of Halacha and Contemporary Society 73,77 (1984); Cohen, Rabbi Alfred S.,“Privacy: A Jewish Perspective,” Journal of Halacha and Contemporary Society 53, 82-87(1981) and authorities cited therein. J. David Bleich , Contemporary Halakhic Problems 11(New York : 1983) p. 75. For an excellent and continuously updated summary of the state of American law regarding professional clergy confidentiality, see Annot., Matters to Which the Privilege Covering Communication to Clergymen or Spiritual Advisors Extends, 71 ALR3d 794(1976).
Hofetz Hayim, Be'er Mayim Hayim, Hilkhot Issurei Rekhilut 9:1. See Aaron Kirschenbaum,“The Bystander’s Duty to Rescue in Jewish Law,” 8 Journal of Religious Ethics 204-226(1980).
J. David Bleich , Contemporary Halakhic Problems 11(New York : 1983), p. 76. Ibid., p. 78.