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If One Damages Somebody’s Property In His Sleep, Under Intoxication, While Celebrating, or During a Sports Game

A person who caused damage to somebody else’s property while sleeping is liable for the damage. Even though the person obviously had no intention to damage the property, he is nevertheless responsible. An example of such a case is a guest sleeping in his host’s guestroom, who stretches in his sleep and knocks over a vase. The guest in this case would be required to pay for the damages; this ruling is codified in the Shulhan Aruch (Hoshen Mishpat 421). The only condition is that the damaged object was near him when he went to sleep. If, for whatever reason, the host came into the room while the guest was asleep and placed the vase near him, then the guest could not have been expected to take precautions not to knock over the vase in his sleep. Therefore, he does not bear liability for damages he causes to the vase while sleeping.

The Rambam (Rabbi Moshe Maimonides, Spain-Egypt, 1135-1204) rules that a Shikor – a person under intoxication – is liable for damages he causes. Although a Shikor is not deemed capable of performing a Halachically binding Kinyan (acquisition, or transfer of property), and he is excluded from numerous laws involving property and money, he is nevertheless responsible to compensate for damages he causes in his state of inebriation. This applies regardless of whether one has only drunken small amounts or has reached the level of "Shichruto Shel Lot" (extreme intoxication, similar to the condition of Lot, Abraham’s nephew, when he became drunk and slept with his daughters).

One possible exception to this rule is damages caused as a result of intoxication on Purim. The Rama (Rav Moshe Isserles of Cracow, 1525-1572) writes that it is customary for people to excuse minor damages caused under intoxication on Purim. If a person causes somebody else considerable financial loss on Purim, then he is of course required to pay compensation. In the case of minor damage, however, the custom is for the victim to excuse the damage and not demand compensation. This applies as well to damage caused over the course of a wedding celebration. The Rama records a custom to ride horses to greet the bride and groom at a wedding, which would occasionally cause damage to people’s property. The custom, the Rama writes, is to excuse minor damages caused as a result of this practice. Similarly, if a person accidentally ruins somebody else’s suit over the course of wedding, for example, it is customary to excuse the damage.

The Halachic authorities rule that one does not bear liability for damages caused as a result of a sporting event, such as during a basketball or soccer game. Since both parties are engaged in permissible athletic activity, one is not held responsible for damage caused to other players’ property during the game.

Summary: One is held liable for damages he causes to property as he stretches or turns during his sleep, unless the object was not near him when he went to sleep. One is held liable for damages he causes under intoxication, though it is customary to excuse minor damages caused on Purim or during a wedding celebration. Players in a sports game are not liable for damages caused to one another during the game.

 


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