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...
If One is Unsure Whether or Not He Counted the Omer
May One Purchase and Wear New Clothing During the Omer Period?
Sefirat Ha’omer – Training Children in the Misva; The Status of Women Vis-à-vis Counting the Omer
If One Remembers After Sundown That He Had Not Counted the Omer
Sefirat Ha’omer – If the Hazzan Had Missed a Day of Counting
Sefirat Ha’omer – If One Forgot to Count at Night and the Next Day, Until Ben Ha’shemashot
Sefirat Ha’omer – If a Person Missed a Day of Counting
Sefirat HaOmer- Ladies Counting The Omer??
Sefirat Ha'omer – Counting Before the Age of Bar-Misva, and a Boy Who Becomes Bar-Misva during the Omer
The Underlying Reason Behind the Mitzva of Sefirat Ha'omer; the Status of the Mitzva Nowadays
Would it be Permissible to Take a Haircut if the Quarantine Ends During the Omer Period?
Cutting Fingernails, Moving Into a New Home and Hosting a Hanukat Ha’bayit During the Omer
May a Bar Misva Boy and His Father Take a Haircut in Honor of the Occasion During the Omer?
If a Community Rabbi Missed a Day of Sefirat Ha’omer
May a Music Teacher Continue Teaching Music During the Omer Period?
Page of 239
3585 Halachot found