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...
Baking Hallah on Erev Shabbat
If One Mistakenly Cooked Food During Ben Ha’shemashot on Friday Afternoon
Is It Permissible On Erev Shabbat To Fill Up An Urn With Water That Will Become Cooked On Shabbat
Reheating Dry Food on Shabbat on a Blech or Hotplate
Is A Thermos or Tiger Pot Considered A Keli Rishon
Is A Ladle Considered a Keli Rishon or Keli Sheni
Pouring From an Urn Into a Cup of Cold Liquid on Shabbat
Is It Permissible To Place Liquid Food on a Hotplate on Shabbat Before the Timer Activates the Hotplate
The Proper Way To Extract the Broth From Vegetables in a Vegetable Soup on Shabbat
The Proper Way To Extract Vegetables from Soup on Shabbat; Washing Grapes on Shabbat; Using a Perforated Spoon on Shabbat
Is It Permissible To Prepare Tehina On Shabbat
Understanding the Laws of Muktze- Prohibition of Carrying Items on Shabbat, Such as Pens, Pots, and New Empty Wallets
Stirring Food In A Pot and Serving From A Pot On Shabbat
Cooking On Shabbat on Surfaces Heated by the Sun
Separating A Bottle Cap From Its Ring on Shabbat
Page of 239
3585 Halachot found