Q. Dear Rov. I attended a wedding in which the Rov also officiated. A woman walking down the line after the Bride, tragically got her dress caught in fire by some decorative candles that were placed on the floor on the way to the Chupa. Hatzala was called in, yet the woman was taken to the hospital.
I know that during a wedding ceremony and the feast and dancing afterwards, the Halacha dictates the people who were hurt then cannot claim damages, since people forgive each other in such happy occasions. I’m wondering if the above applies in this case?
Who pays if the insurance does not apply?
A. Rema (C.M. 378: 9) rules that Bachurim (young men) riding on each other while dancing and rejoicing at a wedding and while jumping with joy harmed each other, since it is an accepted tradition to do so, they are exempt of paying for damages. (See similar in Rema O.H. 695: 2, regarding Purim).
However, the Bach (Tesh. 210) maintains that it only applies to small and common damages. Mishna Berura (ibid 13) rules similarly.
Since the case is likely complicated, in such Shailes a proper and accepted Beis Din that will hear all sides and complaints should be engaged, when a settlement cannot be reached.
Rabbi A. Bartfeld as revised By Horav Dovid Pam Shlit’a,Horav Aharon Miller Shlit’a and Horav Chanoch Ehrentreu Shlit'a
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