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Paying for Damages Caused While Intoxicated / Adapted from an article by Dayan Mordechai Lichtenstein, Bet HaVa’ad, Yerushalayim
Last year, our Purim celebration was exceptionally joyful. All of us were having a great time, the singing and dancing was lively, the Divre Torah were uplifting, the food was exquisite, and the wine – was flowing. One of our guests, Yaakov, was somewhat inebriated and began dancing and jumping on the table. Because he was not in full control of his faculties, he slipped and fell on the table causing it damage. Is he obligated to pay for the damage?
Prone to Damage
The Mishna in Bava Kama[1] states that a person is always prone to damage – “Adam Mu’ad L’Olam”. Therefore, even if he damages someone else’s property accidentally, he would be liable to pay for damages. The Mishna goes on to say that therefore one is liable for damages he does while he is awake or sleeping[2].
The Rambam[3] cites this Halacha and says that it even applies to a drunk person. Still, the Shulhan Aruch[4] rules that a person who is absolutely drunk (as drunk as Lot – Avraham’s nephew, whose drunken state is recorded in the Torah) is not considered in control of himself, and is compared to a Shotte – a person with severely limited mental capacity.
However, the Maharshal[5] argues and says that being as drunk as Lot only releases one from obligations to Hashem, but not from liability for damages to people or property. Therefore, according to the Maharshal, even if one is absolutely drunk he must pay for damages he does.
Hence, in our case, since Yaakov wasn’t completely drunk, he should be held accountable for his actions according to all opinions.
Although, generally, when one engages in doing a Mitzvah he carries a lesser level of liability[6] as there are many Poskim who maintain that one is not permitted to get as drunk as Lot[7]. This should even apply to one getting drunk on Purim,
Purim Parties
However, there may be a different reason why Yaakov would not be responsible to pay for the damage he caused to the table. The Mishna in Sukka[8] recounts the tradition in the times of the Bet HaMikdash, that on Hosha’ana Rabba, the ecstatic crowd would grab Etrogim from children and eat them. Rashi explains that there was no issue of stealing, because, this was their tradition. Tosafot add that this logic would also apply to people who damage other people’s property as a result of frivolous behavior that frequently takes place during weddings.
While some authorities rule that even in this situation one is liable for serious and extensive damages, the Poskim agree that one is not held accountable for normal damages that are expected to happen in such situations.
Maran, in Bet Yosef[9], quotes the Terumat HaDeshen who writes that the Bet Din had a policy of not hearing any complaints regarding the stealing of food on Purim. The Bet Yosef himself, qualifies this and rules that since there is no longer a custom to grab food on Purim, there is no difference between Purim and other times. The Rama, however, disagrees and rules that one who causes damage to his friend on Purim does not have to pay. The Magen Avraham limits this rule to damage done while celebrating, and other authorities limit it further to include only unintentional damages.
Applying this to our story would seem to indicate that, according to the Rama, Yaakov should not liable for his damages. Since the damage was neither large nor extensive, and was not done intentionally, and since it happened in the course of the Purim festivities. Perhaps even Maran would agree that he is exempt, if it was done so in a place where people conduct their Purim Se’udah in this manner.
Sources:
[1] 2:6 [2] Under certain circumstances, see Yerushalmi 2:8, Shulhan Aruch, H.M. 421:4 [3] Hilchot Hovel U’Mazik 1:11 [4] H.M. 235:22 [5] Yam Shel Shelomo, Bava Kama 3:3 [6] C.f. Bava Kama 62b [7] C.f. Rambam, Hilchot Megilla V’Hanukkah 2:15, Bet Yosef, O.H. 695, Mishna Berura, 695:5 [8] 4:6 [9] Ibid.