If a person became inebriated on Purim, and as a result of his intoxication he acted in an unrestrained manner and caused damage to somebody else’s property, such as soiling a garment, is he liable to pay for the damage?
Tosafot (Medieval French and German Talmudic commentators), in Masechet Sukka (41), address a similar question concerning a practice that was customary at weddings. As part of the entertainment for the bride and groom, people would ride on horses and stage a sort of jousting competition. This would result in one participant’s clothing being torn. Tosafot rule that since this was a standard practice that was done in honor of the bride and groom, the participants of this game accept from the outset the possibility that their clothing would be ruined. As such, there is an implicit waiving of rights to restitution, and thus the one who caused the damage is not liable to pay compensation. The Rosh (Rabbenu Asher Ben Yehiel, Germany-Spain, 1259-1327), however, in one of his responsa, disagrees with this ruling, and maintains that even under such circumstances, a person who damages his fellow’s property must compensate for the damages.
With regard to Purim, the Rama (Rabbi Moshe Isserles of Cracow, 1525-1572) rules that a person who damages somebody’s property as a result of merrymaking on Purim is exempt from liability. However, the Shela (Rabbi Yeshayahu Horowitz, 1565-1630), in his Sheneh Luhot Haberit, expresses his astonishment over this ruling, claiming that Halacha follows the stringent view in this regard. After all, Maran, in his Bet Yosef, explicitly follows the stringent position imposing liability for damages caused as a result of festivity. And even though Maran does not address this issue in Shulhan Aruch, he explicitly accepts the stringent position in Bet Yosef. Accordingly, Hacham Ovadia Yosef rules that if a person causes damage to somebody’s property on Purim, and the victim takes him to Bet Din demanding restitution, the defendant cannot claim "Kim Li" – that he follows the Rama’s ruling and thus cannot be forced to pay. Since Maran does not follow this view in his Bet Yosef, it is not accepted as Halacha. Hence, one who causes damage as a result of the Purim merrymaking must compensate for the damages.
This is also the ruling of Rabbi Yosef Yedid Halevi, in his work Yemeh Yosef.
Summary: If a person causes damage to somebody else’s property as a result of the Purim festivities, he must pay for the damages.
