DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 1.06 MB)
Compensation for Damaging a Reputation

The Torah presents a case of a "Mosi Shem Ra" (one who gives a bad name), in which a husband accuses his bride of not being a Betulah (virgin). In the event that the accusation is proven false, the husband is fined 100 coins as a penalty for besmirching a Jewish maiden.

The Terumat HaDeshen (R. Yisrael Isserlin, 1390-1460, Austria, Siman 307) was asked about applying this Halacha to the following case. Reuven, a Chazzan in a Bet Knesset, was accused by Shimon of being a Noef (adulterer). In light of these charges, the community removed him from his position and hired a new Chazzan in his stead. Eventually, the accusations were proven false. Reuven sought to regain his position, but it was already filled by the new Chazzan. Reuven then sued Shimon for damages as compensation for losing his job.

While logic might tell you that Reuven is entitled to compensation, the Terumat HaDeshen rules that he is not liable. The precedent of "Mosi Shem Ra," presented by the Torah is a special case that only applies to accusations made by a husband regarding his wife. Clearly, Shimon violated many prohibitions, and Reuven is not obligated to forgive him. However, although there are no monetary damages, Bet Din is permitted to impose a "Knas" (fine) on Shimon to create a deterrent in the community and prevent this type of injustice from happening again.

 


Recent Daily Halachot...
The Beracha Aharona Recited Over Cheesecake and Pies
Determining the Minimum Amount of Cake Upon Which One Must Recite "Al Ha'mihya"
Washing One's Hands Before Eating a Food Dipped in Liquid
If One Recited a Beracha Over Cheese and Then Remembered That He Had Recently Eaten Meat
Is a Beracha Pronounced "Bore Peri" or "Bore Feri"?
Must One Recite a Beracha Over Cooked Fruit Eaten for Dessert?
Reciting a Beracha Over a Cooked Fruit or Vegetable
The Beracha Over Juice Extracted by Cooking a Fruit or Vegetable
The Beracha Over Mashed Potatoes, Apple Sauce, Homemade Jam and Mashed Avocado
Which Beracha Does One Recite Over Pumpkin Seeds, Watermelon Seeds, and Sunflower Seeds?
Reciting the Beracha of "Ha'tob Ve'ha'metib" When Drinking Two Kinds of Wine
The Beracha Over Cognac and Diluted Wine
Reciting the Beracha of "Ha'tov Ve'ha'meitiv" Over a New Bottle of Wine
Which Beracha Does One Recite Over Papaya?
Which Beracha Does One Recite Over Mehshi and Yabra?
Page of 239
3585 Halachot found