My friend Moshe became drunk on Purim and fainted, and I couldn’t wake him. I became concerned for his health and called an ambulance to take him to the emergency room.

As it turned out, there was nothing to do other than wait for him to sober up.

Moshe received a bill from the ambulance company and the hospital, which his insurance company refuses to pay. I received a bill from the ambulance company as well.

Q: Does Moshe have a claim against me for calling an ambulance? If I am forced to pay for the ambulance, is Moshe obligated to reimburse me? We mutually agreed to consult with you about this matter.

A: Regarding your first question, Moshe does not have grounds to demand payment from you for calling the ambulance. You did not harm Moshe; at worst, you indirectly caused Moshe to incur an expense (grama, perhaps even garmi); since it was done inadvertently, you are exempt, even morally (latzeis Shamayim), from having to reimburse Moshe (Shach 386:6; Maharit 95).

The issue that requires clarification is whether Moshe is responsible to reimburse you for expenses that you incurred for calling the ambulance. The halacha is that if Reuven unsuccessfully attempts to salvage Shimon’s property that was about to become lost, he is reimbursed for the time he invested in trying to save that item (C.M. 264:4). However, this is true only if there was agreement between the two parties. If Reuven, without first consulting with Shimon, attempted to salvage Shimon’s property and failed, Reuven is not obligated to pay him anything (Rema). Similarly, in your circumstance, since you called the ambulance to assist Moshe, who did not benefit from those efforts, he is not obligated to reimburse you for the expenses you incurred.

However, an important additional qualification to this halacha is that if Shimon is not present when Reuven attempts to save his property, it is treated as though there was an agreement in place and Reuven may demand payment. Accordingly, in your case, since it was reasonable for you to be concerned when Moshe fainted and would not wake up, it is as if it was stipulated that he would pay for his medical care and he must pay the bill that you received (Tzvi Tiferes 32). Even if Moshe had protested, his protest is disregarded if the circumstance warranted an examination by a medical professional (Chavatzeles Hasharon, vol. 2, C.M. 24).

This is similar to a medical practitioner who provided care for an ill person who later died. The children are obligated to pay the expenses that were incurred from their father’s estate and cannot exempt themselves from paying from their father’s estate because their father did not authorize payments for treatments that did not heal him; he was not of sound mind when decisions regarding his medical care arose (Teshuvas HaRosh 85:2, C.M. 108:1, see also Tzitz Eliezer 18:77).

Q: 1) I lit my Chanukah candles outdoors. Someone overturned them, starting a fire. Who is liable?

2) At a wedding, someone juggled with fire. The torch fell and burned a guest’s suit. Is the juggler liable?

A: 1) Even though it is a mitzvah to leave the Chanukah candles outside, you are responsible to look after them and ensure that they are secure (C.M. 418:12).

If an adult bumped into the candles and caused the fire, he is liable for the damage. However, if a child or an animal overturned them accidentally, you are responsible, since it is expected that children and animals will walk by outside (see C.M. 418:7-8; Pischei Choshen, Nezikin 9:[51]).

2) The Rema cites the common practice of exempting one who accidentally injures another during the joy of a mitzvah, such as on Purim or while dancing at a wedding (O.C. 695:2; C.M. 378:9), though this seems to apply only when the damaged party actively participates in the celebration.

However, a person who performs must take care not to damage the spectators, even when done for simchas chassan v’kallah, so the juggler would be liable.