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...
Taking Hot Showers on Shabbat or Yom Tob
Is It Permissible To Light Memorial Candles From An Existing Flame on Yom Tob?
Must One Prepare an Eruv Tavshilin if He Does Not Intend to Cook on Yom Tov for Shabbat?
Which Cooked Foods May be Used for the Eruv Tavshilin?
Lighting a Flame on Yom Tob
Carrying on Yom Tob
Can a Visitor from Israel be Called to the Torah on Yom Tob?
Yom Tob-Borer (Selecting) on Yom Tob
The Proper Beracha for Aliyat Maftir on Shabbat Hol Hamoed
Borer on Yom Tob
Halachot of Baking on Yom Tob
The Tefilot of An Israeli On The Second Day Of Yom Tov When Visiting Outside of Israel
How Many Days of Yom Tob Does A Student or Someone Observe in Israel if He is Unsure Whether He is Staying There Permanently?
The Laws of Candle Lighting When Yom Tov Occurs on Shabbat and Sunday
Habdala and “Va’todi’enu” When Yom Tob Falls on Mosa’eh Shabbat
Page of 239
3585 Halachot found