Purim

Does one have to pay for damage caused on Purim?

As a general rule, one is exempt from paying for damages that one causes on Purim. (1)  This is because it is assumed that any damages that one causes is an innocent oversight due to the lightheaded atmosphere that prevails on Purim. Similarly, since it is well known that many people get drunk on Purim, and drunkards often engage in crazy behavior, there is some form of silent acknowledgement and, by extension, acceptance, that damage might occur in the company of such people. Indeed, the principle of exemption from having to pay for damages extends to other venues where onlookers and participants understand that damage or injury is possible.(2)

The exemption from having to pay for damages that one causes on Purim only applies to minor and accidental damages. It does not apply to substantial damages or to physical injury. (3) It is also strictly forbidden to insult another person and one who does so, even under the influence of alcohol, is responsible for his actions.. (4) It goes without saying that there is no exemption at any time for damages that are intentionally caused. (5) Although there is an ancient Purim custom for people to grab things from one another, such as food and drink,(6) the practice is frowned upon and should be avoided.(7) Indeed, one should never steal as a form of a joke.(8) In all situations where lightheadedness prevails and damages might follow, one should ensure that things don’t get out of hand and that the entertainment is all in good taste.(9)

A number of authorities have suggested that the exemption from having to pay for damages on Purim no longer applies nowadays. This is based on the view that the level of simcha and sincerity in getting drunk on Purim is no longer as authentic as it once was. There are very few individuals who drink on Purim with the purest of intentions, namely, solely in order to fulfill the mitzva. Therefore, it is difficult to make a case that any damages that one causes on Purim are completely innocent and "in the course of performing a mitzva." As such, many authorities insist that nowadays, one is responsible for any damage that one causes on Purim or at any other time, unless it can be shown that the damage was truly “in the course of performing a mitzva.”(10)

[1] Rema, OC 695:2.

[2] Rema, CM 378:9; Darkei Moshe, OC 695; Rivevot Ephraim 4:234:1.

[3] Bach, OC 695; Mishna Berura 695:13.

[4] Kinyan Torah 4:125.

[5] Magen Avraham 695:7; Mishna Berura 695:14.

[6] Rema, OC 696:8.

[7] Mishna Berura 696:31.

[8] Rambam, Hilchot Geneiva 1:2.

[9] Rema, OC 696:8.

[10] Aruch Hashulchan, OC 696:12; Chazon Ovadia p.207.