Injured or damaged due to festivities

This article is an excerpt from our Sefer

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One who is injured or whose property is damaged due to the festivities: [1]

Some opinions[2] rule that if one caused damage to his friend as a result of the rejoicing of Purim he is exempt from paying for the damages.[3] Some opinions[4] however rule that this only applies to property damage, however regarding bodily damage the person who caused the injury must pay. Others[5] rule he is exempt from even bodily damage. Others[6] rule that by a large financial loss one is liable to pay, while by small damage he is exempt. Practically the matter is to be judged in a Beis Din and dealt with in accordance to their ruling.[7] All the above is with regards to one who injured another, or damaged his property, as a result of the rejoicing of Purim. If however he intended to cause damage or bodily harm then he is liable for all damages.[8] [According to all one must ask the victim for forgiveness after Purim even if he is exempt from payment.[9]]

 

Avoiding embarrassing or offending any Jew:[10]

Although there is an obligation to drink until “Ad Delo Yada” nevertheless one must beware that it does not negate any Mitzvah in the Torah, and one must thus be careful not to offend or shame any Jew. Certainly one may not speak any words of Lashon Hara which is compared to the three severe cardinal sins.  

 

Q&A

If one caused damage while drunk on Purim is he liable for damages?

Some Poskim[11] rule that if one caused damage due to his drunken state he must pay for all damages done while he is even if it occurred by the Purim feast.

 

If one offended someone while he was drunk must he ask for forgiveness?[12]

Yes. There is no allowance to embarrass, shame or offend someone due to the joy of Purim.

 


[1] Rama 695/2

[2] Terumos Hadeshen 110 brought in Rama ibid

[3] Rama ibid

[4] Kneses Hagedola brought in M”A 695/7

[5] Aguda brought in M”A 695/7

[6] Bach brought in M”B 695/13

[7] Olas Shabbos 695/1 brought in Kaf Hachaim 695/29; This matter is further elaborated in Choshen Mishpat chapter 378/9

Other Opinions: The Aruch Hashulchan 695/10; 696/12 rules that in today’s times if one injured his friend or caused damage he is obligated to pay for damages.

[8] M”A 695/8; M”B 695/14

[9] Hisvadyus 1984 2/1179; Shulchan Menachem 3/325

[10] Hisvadyus 1984 2/1179; See Hisvadyus Purim 1958

[11] Pischeiy Choshen 1/10 in name of Maharshal; Chavos Yair 169; Piskeiy Teshuvos 695/8

[12] Kinyan Torah 4/125

 

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