08 Feb GAMBLING ON THE SUPER BOWL IN HALACHA

Gambling is very widespread today. People go to casinos, and bet on
horses and sporting events. They gamble at slot machines and play
various card games. Until recently, gambling was not done on such a
wide scale. However, it became legal in many states, and people can
gamble on the internet as well in the comfort of their own home. The
Jewish people are not immune from the issues that are associated with
addictive gambling. In this article, we will discuss the halachos of
what kind of gambling is permitted and what is forbidden. Can one go
to a Chinese auction, buy a lottery ticket, or enter a raffle?

Source — Opinions
The Mishnah in Maseches Sanhedrin1 lists people who are disqualified
from being a witness. One of them is a “mesacheik b’kubiya,” a dice
player.2 The Gemara3 has a discussion as to why a dice player is
disqualified from being a witness. Rami bar Chami says that a winner
is considered as if stealing from the losing party.4 This is called
asmachta, which means doing an action under the assumption that he
will never have to pay,5 and it is not a valid acquisition.6 Each
gambler agrees to pay but never really thinks he will lose, so when he
hands over the money to the winner it is done unwillingly.7 This
action is considered stealing on a rabbinic level.8 The opinion of Rav
Sheshes is that there is no concern of theft.9 Rather, dice playing is
not allowed because one does not contribute to society that way.10
Therefore, he is only disqualified if gambling is his only
profession.11 If he has another profession, then he is only gambling
to pass time, and does not care if he loses.12 The Rambam13 says that
one should busy himself with learning or other activities which
contribute to the society in a positive manner. When is it an issue of
asmachta according to Rav Sheshes, in the following? It is only an
asmachta when you believe that you are in control of the outcome.14 If
you do not have control it is permitted. Asmachta only applies when
you make a promise to convince the other party to trust you.15
Gambling involves a promise in which each gambler promises to pay if
he loses, and receives a promise to be paid if he wins.

Halachah
There are many poskim who rule like Rav Sheshes that dice playing is
only forbidden as a profession.16 If one is doing it occasionally, it
would be permitted (see below).17 The Shulchan Aruch18 holds that
gambling of any sort is considered stealing. This is how the Sephardim
conduct themselves.19 The Rema20 permits it with limitations, as
detailed below.

Non-Jews
One who gambles with a non-Jew has not transgressed any issur, but it
is still not allowed since it is wasteful activity.21 Limitations of
the Lenient Opinion Although we mentioned the opinion of the Rema who
permits recreational gambling, there are a number of limitations. It
is only permitted if there is no skill involved, and the gambler does
not feel secure that he will win. The result must be based on luck.22
Also, gambling is only permitted when the stakes are placed on the
table before the betters,23 and the table must be owned by both
parties.24

Poker
Although dice playing is not an asmachta, poker does involve skill,
and the player may think that he will win because of his skill.
Therefore, it is an asmachta and not allowed. Regarding internet
poker, the money is not on the table so it would not be allowed, even
if one wishes to argue that he is not using his skill. Fantasy Sports
If one is playing fantasy sports for fun with no money, it is
permitted. The results are often due to skill, so there would be an
issue of gambling if money is involved.

Horse Racing
Many people go to the racetrack to bet on horses. If skill is involved
it would be forbidden, but since the parties are nonJews, gambling is
not forbidden. If one is doing it for fun, it may not be gambling, but
it is best to avoid this activity as it is a total waste of time.25

Slot Machines
 In regards to slot machines, there are those who prohibit them since
the gambler does not own the machines. Others consider it as if you
own it, since the money is guaranteed if you win. It can be argued
that it is considered that the money is in front of you as well.

Betting on the Super Bowl & Sporting Events
Many people bet on sporting events, especially the super bowl. All the
money should be placed in front of those who bet, and each person
should be koneh the container that holds the stakes. However, if each
person thinks he will win due to his talents and skills, then it would
not be allowed.26

Lottery Tickets
Millions of people buy lottery tickets on a regular basis, and many
Jews are included in this number.27 Some poskim maintain that buying a
lottery ticket is forbidden because of gambling.28 However, there are
many reasons to be lenient regarding lottery tickets.29 It can be
argued that the entire issue of asmachta is because you think you will
win. However, when one buys tickets he knows he will probably not
win.30 Others argue that the winner receives money from the state, not
from individuals.31 Another reason to be lenient is that the ticket
itself has value.32 Another point is that there is no prohibition when
the parties have no connection to each other, because when one plays
with someone he knows he is upset when he loses. Lottery players pay
money ahead of time with full intent, and do not feel bad when they
lose.33 This may be a reason to be lenient regarding fantasy sports
and online poker.

Tzedakah
Lotteries are permitted for tzedakah causes,34 because the rule of
asmachta does not apply to tzedakah. 35 The reason is that the loser
feels comfortable relinquishing his money, since he knows that it is
for a good cause. Additionally, when buying a raffle or lottery ticket
for tzedakah the buyer consents fully to the sale at the time of
purchase.36 This is also true for Chinese auctions. Even if the buyer
of the raffle would regret it, it is too late because he has already
purchased it.37 Bingo in Shul Playing bingo is a waste of time. It
should not be played in any part of the shul where tefillah takes
place, even on occasion (room off to the side, etc.).38 Lottery on
Shabbos Children like to gather on Shabbos and have Pirchei with a
raffle or lottery for prizes. Is this permitted? The halachah is that
if one has equal pieces39 of an item and he wishes to make a lottery
or raffle to see who gets which portion, it is permitted if it is for
his household.40 However, it is not permitted for others41 since they
may be jealous42 of one another and will measure the items.43 Some
maintain that different size portions would not be permitted even for
his household, since it is considered gambling.44 This is not allowed
even during the week, and it looks like business on Shabbos.45 Other
opinions permit this with the household, since they do not care about
the outcome.46 The Ashkenazim rely on this latter opinion.47 Lotteries
for a mitzvah to decide who gets an aliyah for yahrtzeit are
permitted.48 Most raffles on Shabbos benefit the shul, and one does
not really care if he loses; therefore, there is no issue with making
a raffle on Shabbos for boys who come to learn.49 Children may play
games for fake money on Shabbos, since the goal is for a game and not
to earn money or gamble.50

Communal Legislation against Gambling
The Rivash52 writes, “It is four years now since the entire community
gathered in the great shul and agreed to impose a ban of
excommunication that no man or woman play any game involving dice. One
who violates this will bear his sin alone and the rest of Israel will
be innocent.”

Other Sources about Moral of Gambling
The Rivash53 says that gambling kills people. It is disgusting,
abominable, repulsive, and it is addictive. The Biur Halachah 54 says
that someone who is concerned for his soul should distance himself
from gambling. The Aruch Hashulchan55 says that whoever can stop from
gambling will have great reward. Harav Moshe Feinstein zt”l56 said
that it is a disgusting act and is like joining a gathering of
scornful people.