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...
Reciting Kaddish After Torah Learning
Must One Recite a New Beracha if He Removes His Tallit and Then Puts it On Again?
Answering “Amen” and “Baruch Hu U’baruch Shemo” During Birkat Kohanim
If One Prays Shaharit Between the Fourth and Sixth Hours of the Day
Making Up Multiple Missed Tefilot
If One Forgot to Recite Birkot Ha’shahar
The Yishtabah Prayer
If a Person Forgot to Recite “Mashib Ha’ru’ah U’morid Ha’geshem”
Birkat Kohanim – The Requirement to Recite the Beracha in a Loud Voice
May a Kohen Who Accidentally Killed Somebody Perform Birkat Kohanim?
The Seventh and Eighth Berachot of the Amida: Re’eh Na Be’onyenu and Refa’enu
Interrupting in Between “Ani Hashem Elokechem” and “Emet” at the End of Shema
Which Interruptions are Allowed During Shema and Its Blessings?
The Sephardic Custom to Gesture With One’s Hands Before the Amida
Covering One’s Eyes During the Recitation of Shema
Page of 239
3585 Halachot found