By Rabbi Meir Orlian | |||
#160 |
korach |
7.06.2013 |
N/A |
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.