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Bible Encyclopedias
Drunkenness in Law

The 1901 Jewish Encyclopedia

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The Talmud speaks only once of drunkenness in its relation to responsibility for contracts or for crimes; namely, in the following baraita ('Er. 65a):

"A drunken man's purchase is a purchase; his sale is a sale; if he commits a capital offense, they put him to death; if he does an act punishable by stripes, they flog him; in a word, he is deemed of sound mind for all purposes, except that he is free from prayer [elsewhere the recital of the prayer is forbidden to the drunken man]. R. Ḥanina says: 'All this is true only until the man has gone as far in his drunkenness as Lot went; but when he has gone as far as Lot, he is free from everything.'"

These rules are followed by all the codes; e.g., Maimonides, "Yad," Mekirah,; Shulḥan 'Aruk, Ḥoshen Mishpaṭ, 222, 22.

Speaking broadly, these principles agree with those of the English-American law. Compare, however, Fraud and Mistake, Law of.

L. G.
L. N. D.
Bibliography Information
Singer, Isidore, Ph.D, Projector and Managing Editor. Entry for 'Drunkenness in Law'. 1901 The Jewish Encyclopedia. https://www.studylight.org/​encyclopedias/​eng/​tje/​d/drunkenness-in-law.html. 1901.
 
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