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Ruling: The buyer’s lawyer testified that the entire time, the plan had been for the price to be in dollars. This is also apparent from several clauses in the contract, including the payment table upon which pl signed separately. In general, the halacha is that one is not believed to say that he signed something that he did not read (Shulchan Aruch, Choshen Mishpat 45:3). The fact that there were incidental mistakes in the contract does not prove otherwise. Therefore, pl’s complaints are rejected.
Regarding def’s professional losses, there are some cases where one has to pay due to damage he caused through speech. The classic case is when one’s false testimony was responsible for a litigant having to pay (ibid. 29:2), and this is based on the laws of garmi (semi-direct damage). The Shulchan Aruch Harav (CM, Nizkei Mamon 1) says that even when one is exempt from paying for his speech based on the strict law, he may have an "obligation from the laws of the Heaven" to pay.
However, there are reasons to exempt pl. Firstly, one who prevents someone from earning money is obligated only when there is a near-certainty that he otherwise would have profited. Another reason is that the damage may be considered gerama (indirect). The difference can be that according to the reason of gerama, there is a moral obligation to pay, in which case, beit din is empowered to require some payment, according to the arbitration agreement.
The Terumat Hadeshen (307) discusses one about whom false reports were spread and was subsequently fired. He rules that the culprit does not have to pay because it is gerama and because it is uncommon for someone to be fired based on one person’s account alone. Yet, the Terumat Hadeshen says that if beit din feels it is appropriate, they can create an obligation to put an end to such types of slander.
In our case, while pl overstepped the proper bounds of speech, we do not find justification to obligate him to pay, given that there were other, grounded complaints that played a role in his loss of clientele.
P'ninat Mishpat (832)
Various Rabbis
235 - Continuation Non-Agreement
236 - Claims of a Lawyer’s Negligence
237 - Closing Agreement Under Pressure
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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