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...
Succot- If a Person Forgot to Recite the Beracha of “Lesheb Ba’Sukka”
Succot- If Rain Falls on the First Night of Succot
Succot- May One Drink Wine Outside the Sukka?
Succot- Constructing a Sukka in a Public Domain
Decorating the Sukka
Succot- Should a Woman Answer “Amen” to the Beracha of “Lesheb Ba’sukka”?
Succot- Using Arba Minim From Israel After a Shemita Year
Succot- Reciting Two Berachot Before Eating in the Sukka
Succot- How to Conduct Oneself in the Sukka; Which Amounts of Food Require a Sukka
Succot- Holding and Waving the Lulav
The Obligation to Eat Bread on the First Night of Sukkot
Succot- If One Forgot to Add "Ya'aleh Ve'yavo" in Birkat Ha'mazon on the First Night of Sukkot
Succot- Is It Permissible To Hang Photographs of Rabbis In The Succah, and Is It Permissible To Hang Decorations That Were Designated For Holidays of the Goyim
Succot- How A Lefty Should Hold The Lulav and Etrog
Simchat Torah- How To Fulfill The Mitzvah of Shinayim Mikra VeAchad Targum
Page of 239
3585 Halachot found