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...
The Liability of a “Shomer Hinam” – an Unpaid Guardian
Is it Permissible to Photocopy Pages From a Published Sefer?
Separating Halla from the Dough – When Does the Obligation Apply?
Omitting Lamenase’ah and Tefila Le’David on Days When Tahanunim Omitted
Reciting Yag Midot and Nefilat Apayim After Sunset
Fasting on Friday
Is it Proper to Sleep During the Day?
Wigs and Alternate Head Coverings for Ladies
Pressuring One’s Fellow to Sell His Possessions
Asking Forgiveness From Those Whom We Have Wronged
Rosh Hashanah – Proper Foods, and Avoiding Anger
Reciting Sheheheyanu When Purchasing a New Garment
The Communal Obligation of Bikur Holim
Hiring a Jew Who Has Not Recited Habdala Since the Previous Shabbat
Invitations Printed in “Ketab Ashurit” – The Writing Style of a Sefer Torah
Page of 239
3585 Halachot found