Drinking on Purim, what is the law?

Drinking on Purim, what is the law?

Rabbi Hal Miller

Unlike my usual Purimshpiel, this one is serious and discusses actual halachot. Many people have a custom to drink on Purim without regard for whether it is allowed in the way they seem to think. This essay reviews the laws of the custom.

If one were to visit some yeshivas or communities made up of people who take pride in their permission to get "stinking drunk" on Purim, one would see exactly that, a bunch of folks stinking drunk. Is there actually permission for Jews to do this on Purim?

In Vayikra [10:9], in speaking of the Kohanim who will be serving in the Sanctuary, the command is "Do not drink intoxicating wine, you and your sons with you, when you come to the Mishkan that you not die, this is an eternal decree for your generations." As it says, it applies through all generations, so the fact that we today do not have the Temple does not limit the command. Since we do not know when the Temple will be restored to us, could be any moment, it means that Kohanim must be prepared at all times to serve and thus may not drink at all. There are those who say that some of the Kohanim will be available at all times, even if others have been drinking, but we do not know the order of the "mishmarot", the schedule of duty watches, meaning we do not know precisely who might be needed at a moment's notice. Thus, it is entirely possible that all Kohanim are in fact prohibited to drink at any time, including on Purim, in our generations. But even if so, what about the rest of the children of Israel?

The confusion begins in Megillah [7b], where we read "Rava said, one is obligated to become intoxicated on Purim until one does not know between cursed is Haman and blessed is Mordechai." The word used here for 'intoxicated' is lavsumei, meaning to drink wine, rather than l'histakeir, meaning drunkenness. The Shulchan Aruch [Orach Chaim 695:2] writes, "One is obliged to become intoxicated on Purim to the extent that he will not be aware between cursed be Haman and blessed be Mordechai." This sounds pretty clear, that every Jew has a Rabbinic mitzvah to drink to this level on Purim. Leaving aside the Kohen issue above, does this actually mean what it sounds like? Where does Rava get this rule, and what does this measurement mean of the cursing and blessing? Does it apply today?

Rava's ruling is immediately followed by an odd story. "Rabbah and R'Zeira had the Purim feast together. They became intoxicated. Rabbah arose and killed R'Zeira. The next day, he prayed for mercy and revived him. The following year he asked him, let master come and we will have the Purim feast together. R'Zeira answered him, not every time does a miracle occur." Most commentators, such as R'Avraham ben HaRambam, explain this as a parable, that it did not actually occur. If so, there must be a reason for it other than relating some history. Rabbeinu Ephraim says that the story serves explicitly as a refutation to Rava's ruling and rules that there is no obligation to drink on Purim at all and that it is in fact wrong to do so, and Ran, Meiri and Baal HaMaor concur. Rif and Rosh, though, imply that the story serves as a warning against excessive intoxication, but that the halacha is still according to Rava.

Rambam says [Hilkhot Megillah 2:15] that one should eat and drink until he falls asleep, but he omits the "until one cannot distinguish between cursed is Haman and blessed is Mordechai". Rama follows Rambam, saying that sleep serves as the distinguishing between cursing and blessing, to which Mishnah Berurah [695:2] and Pri Megadim agree. Aruch HaShulchan [695:3] explains that according to Rambam, the story modifies the initial statement of Rava, and that Rambam thus rejects the obligation. In other words, while one should become mildly intoxicated on Purim, excessive inebriation is not mandated and is therefore ossur. Orot HaChayim agrees with Aruch HaShulchan and adds that the excessive drinking is a serious sin. Biur Halacha on the Shulchan Aruch says that drinking here is a mitzvah but it is not an obligation nor essential to Purim.

Where does Rava get his ruling from? Abudraham lists three miracles that occurred on Purim for which we are to commemorate with wine: Vashti's downfall, Esther's coronation, and Haman's execution. All occur during a feast with wine. The Yerushalmi cites a poem to which Rava refers, "cursed is Haman, blessed is Mordechai, cursed is Zeresh, blessed is Esther, cursed are all the wicked, blessed are all the Jews". Tosafot there says that Rava rules that one must drink until unable to recite this with clarity. Darkei Moshe explains that someone would chant the poem and after each verse others would respond, and drinking is to continue until they do not know which to respond. Another place Rava may have derived this is from Tehillim [104:15], "Wine will make happy the hearts of men" since we know that one of the obligations of Purim is to be joyous. But what does it mean to be joyous? Shulchan Aruch [Orach Chaim 529:3] says, "One should eat and drink and be joyous on a holiday. He should not protract the meat and wine, the merrymaking and the lightheadedness because that is not rejoicing but laxity and indulgence and we were not enjoined to be lax and indulgent but to be joyous in a manner that involves service of the Creator."

To understand this conundrum, we need to understand the purpose of the mitzvot of Purim, then to determine whether this custom of drinking accomplishes that purpose or is in fact contrary to such purpose. The purpose of the holiday is for us to appreciate the great miracles that God did on our behalf "in those days at this time" (from the davening). We should be joyful, but not just in general, rather joyful that God did those miracles. Mishnah Berurah states that before one becomes drunk, he must have given thanks and praises to God, and that he must be able to make the proper blessings.

Does drinking accomplish this purpose? According to Rashi it does, and the mitzvah in fact is to get drunk and Tur agrees with Rashi. But very few others agree with such wording.

In Eruvin [64a] "Rav Yehudah said in the name of Shmuel that if someone drank a reviit of wine, he may not render legal decisions", which Rama in Yoreh Deah [242:13] expands to all alcoholic drinks. "Rabbah bar Rav Huna said, one who drank wine should not pray but if he did his prayers are valid. One who is intoxicated should not pray and if he did his prayers are an abomination." According to this, having a sip of wine likely does not cause harm here, but more than that and one is not able to properly honor God. This is reinforced in Berachot [31a-b] citing Shmuel I [1:12-14], the story of Chanah, and ruling that one who drinks may not pray.

Those who say that one should drink to fall asleep appear to be trying to justify Rava's ruling, but in doing so are ignoring Sanhedrin [71b] "It is bad for the righteous to overdo sleep and wine."

According to R'Israel Salanter the obligation to drink on Purim does not entail an obligation to get drunk on Purim, rather the mitzvah is merely to drink. If he no longer knows the difference between the cursing and blessing, he is considered drunk and a fool. There is no obligation to become intoxicated. Clearly drinking to excess is always problematic for a Jew, as shown in Sanhedrin [38a] "when wine goes in, secrets come out", Mishlei [23:30], "Do not be among the guzzlers of wine", and Eruvin [65a] "R'Chanin said, wine was created only to comfort the bereaved and to grant reward to the wicked." In Berachot [40a], Rabbi Meir says that "nothing brings wailing upon a man as does wine." Rambam writes in Hilkhot Deot that one who gets drunk is a sinner.

Where does that leave us? A very few say we must get drunk. Nearly all others say that the wording of Rava's Gemara does not say nor imply drunkenness, as that is always prohibited, rather just to drink a little bit extra. But this group is divided into two camps. In one, drinking at all on Purim is prohibited (meaning not to drink more than one would ordinarily drink on a holiday). In the other camp, we should drink a bit more wine than we would usually drink in order to help us to be joyous, but before doing so we need to complete all prayers and praises to God. It seems odd that we should drink a little extra in order to be joyous since we are commanded on all holidays to be joyous without any extra wine.

Thus, one who follows the opinion of R'Ephraim, and those who follow him, is certainly doing a right thing. One who follows the opinion of drinking a little bit extra (but not to the level of frivolity) has plenty to rely on. Those who get "stinking drunk" are doing a terrible chillul Hashem and are violating all sorts of laws.