(By Rabbi Yair Hoffman for 5TJT.com) Most people are aware of the prohibition of Mesirah. They are also aware that when there is a  “danger to life” issue involved – i.e. Pikuach Nefesh, it is permitted and perhaps even obligatory. The question is what exactly are the parameters of the interplay between these two concepts? Also, is there halachic debate upon the matter? If Typhoid Mary wasn’t Irish but was a Bais Yaakov graduate who became a chef – would it be an obligatory Mitzvah to turn her in?  Although that case may seem to be pretty clear-cut – what if the issue is more nuanced? Covid-19 could be a case in point. In a scenario where the law specifically forbade a school to convene, and the school authorities are actively undermining the authorities and thus risking the lives of both their students’ families and the general public – is a person who is aware of this permitted to inform the authorities? Is that person, indeed, obligated in doing so?  Also, in the current crisis, has that scenario been reached?  Who would be the one making that determination? STAY UPDATED WITH BREAKING UPDATES FROM YWN VIA WHATSAPP – SIGN UP NOW Just click on this link, and you will be placed into a group. The Rambam writes in Hilchos Chovel uMazik (chapter 8:11) that the prohibition of Mesirah does not apply to someone who endangers the public. A person may turn in someone who endangers the public where he can be subjected to being punished corporeally, imprisoned or fined. This is also the ruling of the Shulchan Aruch (CM 388:12).  The Rambam seems to draw a distinction between someone who does so to the public where it is permitted, and someone who does so only to an individual.  The commentaries on the Rambam are somewhat at a loss determining the exact source for this distinction. The Vilna Gaon (CM 425) writes that one may turn in someone who is endangering the public – even if the person does not have the intent of endangering the public. He references the Gemorah in Bava Kamma 117b. There is also a responsum of the Rivash (#239) where he deals with someone who is wreaking financial havoc who steals from the entire community. The Rivash permits turning him over to the authorities. Dayan Weiss zt”l (Minchas Yitzchok Vol. VIII #148) was asked whether one is permitted to turn in someone who is speeding excessively in a residential area where there are both elderly people and young children. He ruled that one may certainly do so, from a kal vaChomer argument from the words of the Shulchan Aruch (CM 378:8-9) and the Sma.  The rationale Dayan Weiss employs is that the person has the equivalent status of a Rodef in how he is endangering the public. Dayan Weiss adds the caveat that he must first warn him not to do so.  He may only turn him in after the violator continues to do so after having received the warning. Dayan Weiss also discusses two other cases, where a person continues to run through red lights and where a person drives without having passed a qualifying driver’s test. Dayan Weiss also adds a person who parks in a manner that endangers pedestrians or if he parks on […]

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