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...
Ereb Rosh Hashanah – Charity, Hatarat Nedarim, Halla, and the Mikveh
Praying at the Cemetery on Ereb Rosh Hashanah
Rosh Hashanah – Are Women Required to Hear the Shofar?
Rosh Hashana- The Power of Shofar
Rosh Hashanah – Women’s Recitation of Musaf; Reading Hallel as Part of Tehillim
Rosh Hashana: Customs During the Torah Reading
Rosh Hashana- Answering Kadish During the High Holy Days
Rosh Hashanah – If One Cannot Hear the Beracha Over the Shofar
Rosh Hashana- Accepting the Ereb Rosh Hashanah Fast
Rosh Hashana- The Tekiot in Musaf
Answering to Kaddish on the High Holidays
The Custom to Fast on Ereb Rosh Hashanah
The Night of Ereb Rosh Hashanah
Rosh Hashanah: The Custom to Dip the Halla in Honey or Sugar, and to Use Round Hallot
Rosh Hashanah – The Order of the Simanim
Page of 239
3585 Halachot found