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...
Who Performs the Pidyon Haben for a Firstborn Who Has Already Grown Up?
How Much Must One Give a Kohen for the Misva of Pidyon Haben?
Do Parents Recite a Beracha on the Occasion of the Birth of a Son?
Determining When to Perform a Pidyon Haben
Standing at a Wedding Ceremony, Berit Mila and Pidyon Ha'ben
The Sephardic Customs for Choosing a Name for a Newborn Baby
Which Mitzvah To Perform First When Multiple Mitzvot Are at Hand, including; Should A Pidyon HaBen Be Delayed Until After A Delayed Brit Milah
The Obligations and Exemptions from Eating At A Seuda of A Brit Milah
The Miracle of Birth Praised at a Brit Milah
The Complication Of Scheduling A Brit Milah For A Baby Born Via Cesarean Section Right Before Yom Kippur
Metzitza At The Brit Milah On Shabbat and The Issue of Lash
Should The Parents Name Their Newborn Boy If The Brit Milah Is Delayed Due To Sickness, and Counting 7 Full Days Until The Milah Once A Sick Baby Boy Is Healed
The Issue of Metzitza At A Brit Milah
Laws and Customs of Lag Ba’omer
Lag Ba'omer: Haircuts, Reciting She'hecheyanu, Weddings, and Listening to Music
Page of 239
3585 Halachot found