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...
How is the Rabbi’s Erub Tabshilin Able to Cover All Members of His Congregation?
Can One Rely on the Rabbi’s Erub Tabshilin?
If a Person Remembers During Minha That He Forgot to Prepare an Erub Tabshilin
Which Preparations for Shabbat Become Allowed Through the Erub Tabshilin?
Which Kind of Cooked Food Items May be Used for the Erub Tabshilin?
Preparing a Baked Food Item and a Boiled Item For Erub Tabshilin
Introduction to Erub Tabshilin
May a Visitor to Israel Perform a Berit Mila on the Second Day of Yom Tob?
Measuring Food Ingredients on Yom Tob
Carrying Keys to the Synagogue for Arbit at the End of Yom Tob
Does One Tear Keri’a at a Family Member’s Funeral on Hol Ha’mo’ed?
Laws Regarding Electric and Fire on Yom Tov
Is it Permissible to Light a Yahrtzeit Candle on Yom Tob?
Using a Tape Recorder on Shabbat and on Hol Ha’mo’ed
Is It Permissible To Take Medicines on Yom Tov That Are Forbidden On Shabbat
Page of 239
3585 Halachot found