Drunkenness in the Mishneh Torah

(3) When a wise man drinks wine, he drinks only enough to soften the food in his stomach.
Whoever becomes drunk is a sinner, is shameful, and will lose his wisdom. If he becomes drunk before the common people, he desecrates God's Name.
It is forbidden to drink even a small quantity of wine in the afternoon hours, unless it is taken together with food. Drink that is taken together with food is not intoxicating. Only wine that is taken after the meal is to be avoided.

(5) The king is forbidden to drink wine to the point of drunkenness, as Proverbs 31:4 states: 'It is not for kings to drink wine....'
Rather, he should be involved with Torah study and the needs of Israel by day and by night, as Deuteronomy, loc. cit. states: 'It should accompany him and he should read it all the days of his life.'

(4) When a person is given a position of leadership over the community, he is forbidden to perform work in the presence of three people, lest he be demeaned in their eyes. Now if performing work in public is forbidden to him, certainly, it is forbidden for him to eat and drink or to become drunk in the presence of people at large and in the gatherings of the common people and in friendly get-togethers. Woe to those judges who conduct themselves in this manner, disgracing the Torah of Moses. They debase its judgments and lower them to the earth, casting them in the dust, bringing about harm to them and their descendants in this world and in the world to come.

(4) Although a man's wife is permitted to him at all times, it is fitting that a wise man behave with holiness. He should not frequent his wife like a rooster. Rather, [he should limit his relations to once a week] from Sabbath evening to Sabbath evening, if he has the physical stamina.
When he speaks with her, he should not do so at the beginning of the night, when he is sated and his belly [is] full, nor at the end of the night, when he is hungry; rather, in the middle of the night, when his food has been digested.
He should not be excessively lightheaded, nor should he talk obscene nonsense even in intimate conversation with his wife. Behold, the prophet has stated (Amos 4:13): "And He repeats to a man what he has spoken." [On this verse,] our Sages commented: A person will have to account for even the light conversation that he has with his wife.
[At the time of relations,] they should not be drunk, nor tense [neither both of them,] or [even] one of them. She should not be asleep, nor should the man take her by force, against her will. Rather, [the relations should take place] amidst their mutual consent and joy. He should converse and dally with her somewhat, so that she be relaxed. He should be intimate [with her] modestly and not boldly, and withdraw [from her] immediately.

(12) Similarly, our Sages forbade a person from engaging in relations with his wife while his heart is focused on another woman. He should not engage in relations while drunk, nor while quarreling, nor out of hatred. He should not engage in relations with her against her will when she is afraid of him.
Nor when one of them is placed under a ban of ostracism. He should not engage in relations [with his wife] after he made the decision to divorce her. If he does so, the children will not be of proper character. There will be those who are brazen and others who are rebellious and sinful.

(21) Similarly, a person should distance himself from levity, drunkenness, and flirtation, for they are great precipitators and steps [leading] to forbidden relations.
A man should not live without a wife, for this practice leads to great purity. And [our Sages gave] even greater [advice], saying: "A person should always turn himself and his thoughts to the words of the Torah and expand his knowledge in wisdom, for the thoughts of forbidden relations grow strong solely in a heart which is empty of wisdom." And in [Solomon's words of] wisdom, it is written: "It is a beloved hind, arousing favor. Her breasts will satisfy you at all times. You shall be obsessed with her love" (Proverbs 5:19).

(4) When does the above apply? When [the yavam] intends to perform a sexual act. If, however, he fell from the roof [with an erection] and [accidentally] inserted his organ into his yevamah, had relations with her when he was so drunk that he was not conscious of anything, or when he was asleep, he does not acquire her [as his wife].
If he intended to masturbate in a hole in the wall and unintentionally inserted his organ into his yevamah, he does not acquire her [as his wife]. If he intended to sodomize an animal and unintentionally inserted his organ into his yevamah, he does acquire her [as his wife].

(10) One who reads the Shema [of the night] after dawn, [but] before sunrise, does not fulfill his obligation unless he was unavoidably detained - e.g., drunk or sick, or in a similar situation. A person who was so detained and reads [the Shema] at this time does not recite [the blessing of] "Lay us down."

One who reads the Shema [of the night] after dawn, [but] before sunrise, does not fulfill his obligation unless he was unavoidably detained - e.g., drunk or sick, or in a similar situation. A person who was so detained and reads [the Shema] at this time does not recite [the blessing of] "Lay us down."

(17) A person who is drunk should not pray, because he cannot have proper intention. If he does pray, his prayer is an abomination. Therefore, he must pray again when he is clear of his drunkenness. One who is slightly inebriated should not pray, [but] if he prays, his prayer is prayer.
When is a person considered as drunk? When he is unable to speak before a king. [In contrast,] a person who is slightly inebriated is able to speak before a king without becoming confused. Nevertheless, since he drank a revi'it of wine, he should not pray until his wine has passed from him.

(1) In the morning, Musaf, and Ne'ilah services,the priests recite the priestly blessing. They do not recite the priestly blessing in the Minchah service, because, by the time of the Minchah service, all the people have eaten. The possibility exists that the priests would have drunken wine, and it is forbidden to recite the priestly blessing while intoxicated.
Even on a fast day, the priestly blessings are not recited during the Minchah service. This decree [was instituted,] lest [people fail to differentiate between] the Minchah service of a fast day and the Minchah service of an ordinary day.

(2) When does the above apply? On fast days when both Minchah and Ne'ilah are recited - i.e., Yom Kippur and communal fasts [declared because of distress]. However, on a fast day on which Ne'ilah is not recited - e.g., Tish'ah B'Av or the seventeenth of Tammuz - since the Minchah service is recited close to sunset, it resembles Ne'ilah and will not be confused with an ordinary Minchah service. Therefore, the priestly blessing is recited during it.
If a priest transgressed and ascended to the platform during the Minchah service of Yom Kippur, since it is known that there is no possibility of drunkenness on that day, he may recite the priestly blessing, and he is not required to descend because of the suspicion [that might be aroused], so that people do not say, "He is of blemished lineage. Therefore, they forced him to descend."

(18) A drunken person is considered to be responsible for his actions. A sale, a purchase or a present involving him is binding. If, however, his drunken state approaches that of Lot- i.e., he is so drunk that he does not realize what he is doing - his deeds are of no consequence. It is as if he were a mentally incompetent person or a child below the age of six.

(18) When a drunk man gives [a woman] kiddushin, they are valid, even if he is very drunk. If he reaches a state of drunkenness comparable to that of Lot, the kiddushin are of no consequence. This matter requires ample deliberation.

(14) [The following rules apply when] a person is troubled by an evil spirit, and at the time when his infirmity begins to take hold of him says: "Write a get for my wife." His statements are of no consequence, because his thoughts are not organized and settled. The same ruling applies to a person who has become as drunk as Lot. If a drunk person has not reached that level [of incapacity], [the status of the divorce] is in doubt.

(12) Accordingly, when a deafmute, an emotional or an intellectual unstable individual, a minor, a drunk person whose mind is befuddled, a person who became overtaken by an evil spirit slaughters and others observe that he slaughters in the correct manner, [the slaughter] is acceptable.
If, by contrast, a knife falls and slaughters [an animal] on its way, it is not acceptable even if it slaughtered it in [the appropriate] manner. For [Deuteronomy, loc. cit.] states: "You shall slaughter," implying that a man must slaughter. [His actions are acceptable,] even if he does not intend to slaughter.

(5) When a deaf-mute, an intellectually or emotionally imbalanced person, a child, or a drunk person whose mind became befuddled slaughters, their slaughter is unacceptable. Since they do not have [adequate] mental control, we fear that they blundered. Therefore if they slaughtered in the presence of a knowledgeable person and he saw that they slaughtered properly, their slaughter is acceptable.

(4) There are five who should not separate terumah, but if they do, their separation is effective: a person who is deaf, but not mute, because he cannot hear the blessing, a mute who can hear, but not speak and a person who is naked, because they cannot recite the blessing, and a person who is drunk and a blind person, because they cannot make distinctions and separate the most attractive portion [as terumah].

(15) A blind person and a drunk person may separate challah as an initial preference. For with regard to dough, there is no inferior or superior portions that he must distinguish and separate from the superior portion.

(23) When a person takes vows in order to establish his character traits and correct his conduct, he is considered eager and praiseworthy. What is implied? If a person was a glutton and he [took a vow] forbidding meat for a year or two, a person was obsessed with wine and he [took a vow] forbidding himself from drinking wine for a prolonged period or he forbade himself from ever becoming drunk, a person would continually pursue illicit gain and was overexcited about wealth [took a vow] forbidding [accepting] presents or benefit from people in a particular country, similarly, a person who would be proud of his comely appearance and took a nazirite vow, or the like - all of these are paths in the service of God and concerning such vows and the like our Sages said: "Vows are a safeguard for restraint."

(12) Similarly, if a drunken man was given a cup to make him totally inebriated and he said: "I am a nazirite from it," he is forbidden to drink only that cup, but he is not a nazirite. [The rationale is that his intent was] only that they should not have him become overly drunk. If he was as drunk as Lot, his statements are of no consequence and he is not liable for any transgression that he performs. For when he reaches a state of inebriation equivalent to Lot's, he is not liable at all.

(2) If a person is drunk from beverages other than wine, he is forbidden to enter the Temple. If he enters and performs service while drunk from other beverages - even if he is drunk from milk or figs - he is liable for lashes, but his service is valid, for one is liable for death only when drinking wine at the time of service and one does not invalidate service unless he is drunk from wine.

(5) When a person drank precisely a revi'it and it was diluted with the slightest amount of water, he slept a bit, or he walked a mil, the effects of the wine will have worn off and he is permitted to serve [in the Temple]. If, however, he drank more than a revi'it even if it was diluted, sleeping slightly or journeying adds to his drunkenness. Depending on how intoxicated he was, he must wait until there is no trace of his drunkenness whatsoever.

(8) A priest who lets his hair grow long is forbidden to enter the area of the Altar or [proceed] beyond there. If he enters this area and performs service, he is liable for death at the hand of Heaven like an intoxicated [priest] who serves, as [indicated by Ezekiel 44:20-21]: "None of the priests shall drink wine. They shall not shave their heads, nor allow their hair to grow long." Just as [priests who serve] intoxicated from wine are liable to die, so too, those who allow their hair to grow long are liable to die.

(15) It appears to me that any priest who is fit to serve who enters the area of the altar or [proceeds] beyond there while drunk due to wine, drunk due to other alcoholic beverages, with long hair, or with torn garments as one tears because of a person's death, he is liable for lashes, even if he did not perform service. [The rationale is that] he is fit for service and entered [the Temple] at the time of service in such an unkept manner although he was warned not to enter.

(17) Similarly, it is forbidden for any person, whether a priest or an Israelite, to enter the entire Temple area, from the Courtyard of the Israelites and onward when he is intoxicated from wine, drunk [from other beverages], with unkept long hair or with torn garments. Although there is no explicit warning [against this in the Torah], it is not a sign of honor or reverence to the great and holy house to enter it unkept. If, however, an Israelite lets his hair grow until it is formed into a weave and it was not unkept, he is permitted to enter the Courtyard of the Israelites.

(3) Just as a priest is forbidden to enter the Temple while intoxicated, so too, it is forbidden for any person, whether priest or Israelite, to render a halachic ruling when he is intoxicated. Even if he ate dates or drank milk and his mind became somewhat confused, he should not issue a ruling, as [the above passage (ibid.:11)] continues: "And to give instruction to the children of Israel." If he gave a ruling concerning a matter that is explicitly stated in the Torah to the extent that it is known by the Sadducees, he is permitted. For example, he ruled that a sheretz is impure and a frog is pure; [he ruled that] blood is forbidden, or the like.

(4) It is permitted for a person who is intoxicated to teach Torah, even Torah law and the interpretation of verses, provided he does not deliver a ruling. If he was a sage who delivers rulings on a regular basis, he should not teach, for his teaching constitutes the delivery of a ruling.

(8) No one person should drink more than ten cups of wine in the house of a mourner: three before the meal, three during the meal, and four afterwards. One should not drink more lest he become drunk.

(2) After he confessess, he is given a granule of frankincense dissolved in a cup of wine, so that he will lose control of his mind and become drunk. Afterwards, he is executed in the manner for which he is liable.

(15) What is the nature of our obligation for this feast? A person should eat meat and prepare as attractive a feast as his means permit. He should drink wine until he becomes drunk and falls asleep in a stupor.
Similarly, a person is obligated to send two portions of meat, two other cooked dishes, or two other foods to a friend, as implied by Esther 9:22, "sending portions of food one to another" - i.e., two portions to one friend. Whoever sends portions to many friends is praiseworthy. If one does not have the means to send presents of food to a friend, one should exchange one's meal with him, each one sending the other what they had prepared for the Purim feast and in this way fulfill the mitzvah of sending presents of food to one's friends.