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...
If the Hazan Forgot to Recite Ya’aleh Ve’yabo During the Repetition of the Amida on Rosh Hodesh
Should Two Kaddishim be Recited if a Shiur is Given Immediately Before Arbit?
Reciting “Yiheyu Le’rason Imreh Fi” at the End of the Amida
The Kaddish Before Baruch She’amar
The Value of Praying “Vatikin” and Studying Torah Before Prayer
The Importance and Significance of Birkat Ha’lebana
The Custom Among Syrian Jews Regarding the Text of “Ve’la’minim” and Other Portions of the Amida
Adding Prayers for Forgiveness and for One’s Livelihood in “Shema Kolenu”
If One Mistakenly Recited “Morid Ha’tal” Instead of “Mashib Ha’ru’ah U’morid Ha’geshem”
Should a Mourner be Called for an Aliya if He is the Only Kohen in Attendance?
May Birkat Kohanim be Recited if a Non-Jew is Present
If a Kohen Was Mistakenly Called for the Second Aliya; Calling Kohanim for Later Aliyot
How Should the Aliyot be Arranged in a Minyan of Only Kohanim, or if There is Only One Yisrael?
Birkat Kohanim – The Hazan’s Announcement of “Kohanim”; If There is One Kohen or No Kohanim Present
Birkat Kohanim in a Place Without a Sefer Torah; One Who Enters the Synagogue During Birkat Kohanim; Reciting Birkat Kohanim Several Times in One Day
Page of 239
3585 Halachot found