Q&A: Damage Caused by a Drunk Person on Purim
Damage Caused by a Drunk Person on Purim
Question
On Purim I took part in a party.
I was just standing there minding my own business, and a friend grabbed me, half-pulled me out of the coat I was wearing, and we danced for a few seconds.
I should note that this was overall a pretty reasonable thing given the circumstances.
Afterward it turned out that during this whole thing my phone flew out of my coat pocket and the screen cracked.
Is the drunk friend (!) responsible?
Answer
The Shulchan Arukh rules that damage caused in the course of Purim celebration does not obligate payment.
Discussion on Answer
In my opinion, no.
What difference does it make? After all, in monetary law we go by the law/custom of the state. Isn’t that so?
As for what the law says, you’d have to ask a lawyer.
Actually, just as an aside, I’m asking whether there is any practical benefit to studying monetary law nowadays, in our parts?
First of all, it’s Torah study. Its value is not in application but in the study itself. As for application, in monetary law what really determines things is the law of the state, and usually Jewish law itself doesn’t have much practical significance.
So why was it written if we follow the law of the state? (Maybe like the stubborn and rebellious son: expound on it and receive reward.)
What kind of question is that? Just because today there is a different law, that means it shouldn’t be written? Beyond that, even if it had never been practiced at all, this is the Torah, and that is why it was written. See my article on obligations and rights. And with the stubborn and rebellious son too, it’s not a question of reward. This is the truth, and this is the Torah. There is a difference between Torah and Jewish law (in practice).
So when do Torah laws actually obligate? After all, in your view, even if there were a religious state, the laws still shouldn’t change.
We’re talking about monetary law, and it is never binding unless no other law has been established.
Is there no difference between damage caused by Purim celebration and damage caused by a drunk person?