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...
Rosh Hashana-The Misva of Shofar
Rosh Hashanah – Are Women Required to Hear the Shofar?
Rosh Hashanah – Candle Lighting on the Second Night
Rosh Hashanah – The Addition of “Te’anu Ve’te’ateru” in Kaddish
Rosh Hashanah – The Text of “Tichtebenu Be’rahamecha”
The Custom to Fast on Ereb Rosh Hashanah
Can One Ask or Hire Non-Jews to Play Music on Shabbat?
Is it Permissible to Pour Milk into Cereal on Shabbat?
High Holy Days- Habdalah- Separating Ourselves Is The Key to Judgement
Rosh Hashana - Tashlich- Shaking One’s Garment, Feeding Fish, and Women’s Participation
Rosh Hashanah – Covering the Shofar While Reciting the Berachot
Rosh Hashana- The Proper Salutation When Writing a Letter in The Month of Elul
Confessing Sins and Crying During the Rosh Hashanah Prayer Service
Halachot of Rosh Hashanah That Falls on Thursday
Visiting Graves of Sadikim on Ereb Rosh Hashanah
Page of 239
3585 Halachot found