(2011/5771)

Since 2005, the Orthodox Union and its youth organization, The National Council of Synagogue Youth (NCSY) have been asserting that the Halachah regarding drinking on Purim does not apply to adolescents. This policy appears at first to contradict a straightforward Halachah that is codified in the Shulchan Aruch (Orach Chaim 695:1-2) that one is required to imbibe alcohol on Purim. Moreover, the Shulchan Aruch does not distinguish between adolescents and other adult Jews. One may question what right the Orthodox Union has to contradict the Shulchan Aruch and issue statements that previous generations did not make.

Justification #1 – Pikuach Nefesh

Rav Tzvi Hersh Weinreb, executive vice president emeritus of the Orthodox Union writes, “The fundamental rationale of our opposition to alcohol consumption by teenagers on Purim is the fact that drinking often leads, especially among youngsters, to serious medical consequences. It is instructive that among the strong supporters of our campaign have been members of Hatzoloh, the rescue and ambulance corps, who report that Purim does not go by without incidences of toxic reactions to alcohol requiring emergency treatment, to driving accidents, and sometimes even to deaths. These considerations of health and Pikuach Nefesh (the saving of lives) easily transcend whatever mitzvah might be involved in drinking on Purim.”

Indeed, after the Gemara (Megillah 7b) presents the rule that one should drink alcoholic beverages on Purim until he cannot distinguish between "cursed be Haman" and "blessed be Mordechai," it relates an eye-opening incident related to this obligation. Rabbah and Rabi Zeira made a Seudat Purim (Purim feast) together. As a result of their inebriation, Rabbah arose and "slaughtered" Rabi Zeira. Subsequently, Rabbah prayed on behalf of Rabi Zeira and the latter recovered. The next year, Rabbah invited Rabi Zeira for a Seudat Purim; Rabi Zeira declined the offer and said, "Miracles do not occur all the time."

The Gemara records the incident involving Rabbah and Rabi Zeira to reject or limit the rabbinical decree regarding drinking on Purim. The Baal Hamaor (Megillah 3b in Rif's pages) cites and accepts the opinion of Rabbeinu Ephraim that the Gemara presents the incident to rescind this Halachah, so it is now improper to drink on Purim. On the other hand, the Rif (ibid.) and the Rosh (Megillah 1:8) cite the obligation to drink on Purim without any reservations whatsoever. Although they reject the approach of Rabbeinu Ephraim, they believe that the Gemara presents the story as a cautionary note. Thus, although the Shulchan Aruch (ad. loc.) rules in accordance with the Rif and Rosh, the Rabbah and Rabi Zeira incident sounds a cautionary note to ensure that observance of this Halachah does not lead to serious problems.

Thus, even according to the Shulchan Aruch, this Mitzvah does not apply in cases of danger to life. Indeed, Rav Mordechai Eliyahu and Rav Avigdor Neventzall (cited in Rav Moshe Harari's Mikra'ei Kodesh, Hilchot Purim, Milu'im to Chapter 13, note 5) forbid Israeli soldiers to get drunk if they have access to firearms. It is obvious that, similarly, one who is driving after the Seudat Purim must refrain from drinking. Furthermore, it is also obvious that it is forbidden to offer alcoholic beverages to someone who plans to drive on Purim.

Rav Weinreb writes “My own personal concern for this issue traces back to experiences I witnessed myself in my former community, Baltimore, where the excessive consumption of alcohol on Purim resulted in a fatality in one case and in serious illness in others.” Unfortunately, other Rabbanim, including TABC’s Rav Yosef Adler, relate similar stories. Rav Adler speaks of a father who observes the Yahrtzeit for his son on Purim, since he died as a result of drunk driving on Purim.

Studies have shown that the portion of the brain that controls judgment is under developed in teenagers. Thus, they are very often incapable of making decisions regarding alcohol use and management that will help them avoid tragedies. Similarly, they lack the judgment of how to moderate the imbibing of alcohol as required by Halachah, as the Mishnah Berurah (695:5) and the Aruch HaShulchan (O.C. 695:5) both state that it is proper to drink merely a bit more than usual and then to nap. Rav Weinreb writes that the same applies to adults with alcoholic tendencies. The same applies to adults with a family history of alcohol abuse, as an inclination towards alcohol abuse is likely to be hereditary (as stated by Dr. Jeffrey Berman of Teaneck, an expert in recovery from alcohol abuse).

Justification #2 – Dina DeMalchuta Dina

Rav Weinreb presents a second argument in favor of forbidding adolescents from drinking on Purim. He states, “Secondly, and very important, is the fact that it is against the law for an adult to knowingly provide alcohol to individuals who are underage. While there may be exceptions when wine is served for ceremonial purposes, clearly that exception assumes that no more than a symbolic quantity is ingested. Teachers or Rebbeim who supply minors with wine or liquor on Purim are in violation of the law of the land.”

One might object to this argument by saying that Dina DeMalchuta Dina, the obligation to honor the law of the land in which we reside (Shulchan Aruch Choshen Mishpat chapter 369), does not apply when it contradicts Halachah. We obviously do not substitute a civil marriage for a Chuppah and would not follow a governmental edict to eat non-kosher food. However, the laws prohibiting serving alcoholic beverages to a minor is a matter of safety, intended to protect the lives of teenagers and others. An inebriated adolescent is a danger to himself and to others as well. Halachah (Hilchot Melachim 9:14) obligates all societies, including non-Jewish laws, to establish law and order in their communities. Thus, since the government of the United States is under the Haalchic obligation to protect its citizens, it is obligated to take action to prevent loss of property, life, and limb due to an inebriated adolescent.

This may be compared to the Chatam Sofer’s (C.M. 44) oft-cited assertion that Halachah recognizes rational and reasonable civil laws “when we would have made the same edict, had we been empowered to do so.” Chatam Sofer’s position is echoed by Teshuvot Beit Yitzchak (C.M. 77:3), Teshuvot Minchat Shelomo (1:87), Teshuvot Tzitz Eliezer (12:83), Rav Yosef Shalom Eliashiv (Piskei Din Rabbaniyim 6:382), Rav Zalman Nechemia Goldberg (Chok LeYisrael, Nezikin page 378) and Teshuvot Sheivet HaLeivi (10:291). If we would have a Sanhedrin, we would also forbid teenagers from drinking due to the terrible danger involved. Thus, we must respect civil law forbidding serving liquor to those under the age of eighteen.

Rabbis and Rebbeim should be on the forefront of teaching their congregants and students the importance of guarding one’s safety and acting as a responsible citizen. Disregarding Dina DeMalchuta on Purim can lead to severe Chillul Hashem throughout the year.

Justification Number Three – The Chafeitz Chaim

Rav Weinreb cites the following comment of the Biur Halachah (695 s.v. Ad): "If one believes that drinking on Purim will interfere with his performing any Mitzvah, such as Birkat HaMazon, reciting Minchah or Ma’ariv, or that he will behave in a boorish manner, it is preferable that he not drink (or become inebriated), as long as his motives are proper."

Since experience teaches that adolescents often cannot both drink on Purim and maintain their Halachic obligation to protect their safety and health (Shulchan Aruch Yoreh Deiah 116 and Choshen Mishpat 427), they should refrain from indulging in any alcohol on Purim.

Halachic Awareness of the Problems with Adolescent Judgment

Halachah is well aware of the problematic nature of adolescent judgment as evidenced in the following rulings. The Rama (Y.D. 1:5) records that there are those who are strict and do not permit authorizing those under the age of eighteen to Shecht (ritually slaughter) animals. Only upon reaching the age of eighteen “is (one) an individual of judgment who understands how to exercise caution.” Shulchan Aruch (C.M. 7:3) records an opinion that even a great Torah scholar should not serve as a rabbinic judge until he reaches the age of eighteen. Sema (ad. loc. number 8) explains that until this age, one does not have the capacity to handle the responsibilities of a judge. Most famously, the Shulchan Aruch (Even HaEzer 1:3) records that there is no obligation to marry before the age of eighteen despite the fact that males become obligated in all other Mitzvot beginning at age thirteen. Obviously, one is not ready to assume the responsibility of marriage before that age. Thus, consistent with these Halachot, the Orthodox Union quite reasonably instructs adolescents to refrain from alcohol even on Purim and wait to fulfill this Mitzvah until they reach the age at which they will be “individuals of judgment who understand how to exercise caution.”

Why is our Generation Different from Previous Ones?

One may ask why Chazal or leaders of previous generations did not issue similar instructions. The answer is that teenage drinking on Purim in previous generations did not lead to the problems it does today. Perhaps there was greater parental and communal supervision of adolescents. Perhaps, it is due to the greater piety of earlier generations (Shabbat 112b). Another possibility is that people matured much quicker in previous times as they were expected to assume greater responsibilities at an earlier age. For example, the Gemara (Ketubot 65b) speaks of children beginning to earn a living at the tender age of six! The biggest difference, however, is the advent of widespread practice of adolescents to drive automobiles. The unfettered access and availability of cars to youngsters and their friends in our times demands that we take extra precautions that were not necessary in prior generations (for this reason the Orthodox Union did not issue a similar reason regarding the four cups of the Seder evening, as the concern for drunk driving is not relevant to Yom Tov (hopefully)).

 Conclusion

The heading to Shulchan Aruch Choshen Mishpat 427 states our obligation “to remove any Michshol (pitfall) that can endanger life.” This chapter of Shulchan Aruch records the obligation of a homeowner to remove any dangers to life from his property. Similarly, the leaders of each generation and community are obligated to assess the circumstances and issue instructions to prevent life threatening situations from arising. Thus, the Orthodox Union is responsibly upholding its Halachic obligation by calling for teens to abstain from alcohol even on Purim.