Are We Obligated to Report what We Saw?
If a person sees someone damaging another’s property—and the owner is not aware of it—they are obligated to let the owner know what they saw. If need be, they are also obligated to testify in front of a Beis Din. Even if the individual who sustained the damage does not ask the witness who the perpetrator was, they still have an obligation of letting the victim know, so that they can collect damages. In the event that the victim is halachically permitted to take the case to secular court, it’s the witness’ obligation to assist the victim in their court case. This is part of the mitzvah of “Lo sa’amod al dam rei’echa” (Do not stand by idly while your friend’s blood is being spilled). This mitzvah is not limited to a situation where blood is actually being spilled, but includes helping a fellow Jew if they are being harmed, or if their property is being damaged. If one does not disclose what they saw, they may also be transgressing, “V’raah … ve’im lo yagid v’nasa avono (If he saw, and if he doesn’t tell, he will be guilty of a sin). Assisting the victim is also considered a fulfillment of the mitzvah of hashavas aveidah (returning a lost object to its owner). This is not considered lashon hara (speaking evil), since the information is given l’toeles (to benefit another). Of course, the information should not be given in such a way that it would cause machlokes (discord). The witness should ask the victim not to report their source of information to the perpetrator. However, if the witness knows in advance that the victim will act improperly when they hear who the perpetrator was, they should withhold the information. #393
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