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Case: [Due to the case’s sensitivity, we will omit a lot of the background.] The defendant (=def) insulted plaintiff (=pl) in a public interaction, saying that pl is "mitasek im ketinim" (approximately – fools around with minors). Def downplayed the statement’s severity, and did not disavow or prove the subject of the insinuation. Pl initiated litigation, and when def showed initial reluctance to cooperate, pl gave letters to members of the community accusing def of refusing to come to beit din. Actually, def had refused to go to a specific beit din but agreed to go to another.
P'ninat Mishpat (832)
Various Rabbis
457 - Backing Out of a Rental for an Excellent Reason – part II
458 - Steps to Deal with Mutual Motzi Shem Ra
459 - Payment for a Teacher’s Increased and Decreased Work
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The Rama cites a machloket whether there is an obligation to pay when a statement can be interpreted in different manners. We follow the Maharshal (Bava Kama 8:52) that it depends how the normal person takes it, and that it can apply to hints and not only to explicit statements. There is also a difference between making claims of concrete aspersions and between general insults (Chavot Yair 65). This is because the social urgency to stamp the practice out is more pressing regarding real aspersions. Just as one cannot allow verbal abuse to go unchecked, one can also not allow litigation on every insulting statement one says to another. The proper thing in such cases is apologies.
Pl’s statement, concentrating on the wording ("minors") and the context (trying to "put def in his place"), imply claims of criminal wrongdoing. Def did not indicate that he knew the insinuations are true (in which case, we would urge him to go to the police), but it is still severe.
Pl also defamed def. Pl claims that it was because he was riled up after being insulted. We do find sources that when one is attacked physically or verbally and responds in kind, the one who reacts is exempt (see Rama, CM 421:13) because of self-defense and an uncontrollable anger. However, this cannot be applied here because pl’s action took place weeks after def embarrassed him.
While beit din does have the authority to levy financial payments on the side(s), we do not believe that this is the most appropriate step. Rather, public apologies are. No monetary damage was caused, and the process at beit din and the public apologies will be ample deterrents that this behavior will not repeat itself. While apologies are due on both sides, they are not equal. Pl was humiliated by def over a severe claim without cause. In contrast, pl made a claim against def incorrectly but within the seeking of justice. Therefore, the language of the signed letter of apology and clarification to be put up in the local shul by def will be stronger in language than pl’s apology (beit din provided both texts). Also, def’s letter must remain for two weeks, whereas pl’s letter will only need to appear during the course of one Shabbat.
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: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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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Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
