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...
Sisit: The Number of Wrappings; Wearing a String of Techelet
The Two Aspects of Bikur Holim
Offering Spiritual Advice to an Ailing Patient
Anger and Drunkenness Lead To Sin
May a Professional Have His Secretary Type Confidential Information?
Giving Preference When Choosing From Whom to Buy
Must One Wash His Hands After a Handshake?
Haircutting and Shaving Before Praying Minha; Misvot That One Can Fulfill When Taking a Haircut
Inducing Labor Unnecessarily
Pictures of Animals on the Parochet and Walls in a Synagogue
A Proper Torah Perspective on Medical Treatment
Praying or Reciting Berachot in the Presence of Immodestly Dressed Women
The Special Prayer Recited Upon Entering and Exiting the Bet Midrash
Bizui Misva: The Prohibition Against Disrespectful Treatment of Misvot
Selling Non-Kosher Wine
Page of 239
3585 Halachot found