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...
Simhat Hatan Ve’kala – Bringing Joy to a Bride and Groom at Their Wedding
Are Sheba Berachot Recited for a Second Marriage?
Should Weddings be Scheduled Specifically During the First Half of the Month?
Understanding the Nature of Birkat Erusin
Under What Circumstances Does a Forbidden Marriage Take Effect?
Marrying One’s Wife’s Sister After Death or Divorce
May the Daughter of a Jewish Woman and Non-Jewish Father Marry a Kohen?
Situations Where a Pregnant or Nursing Woman May Remarry Immediately After Being Widowed or Divorced
Under What Circumstances May a Divorced Couple Remarry?
How Soon May a Widow or Divorcee Begin Dating?
The Importance of Following the Proper Halachic Procedures When Getting Divorced
Peru U’r’bu – Marrying an Infertile Woman; Delaying Marriage; Adopting Orphans; If a Convert Had Children Before Conversion
Nidda – The Inspections During the “Seven Clean Days”
The Prohibition of Relations With a Non-Jewish Woman, and With One’s Wife’s Immediate Relatives
Nidda – When is the Proper Time of Day For the Hefsek Tahara Inspection?
Page of 239
3585 Halachot found