07 Feb GAMBLING ON THE SUPER BOWL IN HALACHA

Gambling is very
widespread to-day.
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 Sanhedrin being
a witness. One of them is a “me-sacheik
b’kubiya,” a dice player. The Gemara 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. This
is called asmachta, which means doing an
action under the assumption that he will
never have to pay, and it is not a valid
acquisition. 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. This action is considered
stealing on a rabbinic level. The opinion of
Rav Sheshes is that there is no concern of
theft. Rather, dice playing is not allowed
because one does not con-tribute to society
that way. Therefore, he is only disqualified
if gambling is his only profession. If he
has another profession, then he is only

gambling to pass time, and does not care
if he loses. The Rambam 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. 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. 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. If one is doing
it occasionally, it would be permitted
(see below). The Shulchan Aruch holds
that gambling of any sort is considered

stealing. This is how the Sephardim con-
duct themselves. The Rema 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.

Limitations of the Lenient Opinion Al-
though 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.
Also, gambling is only permitted when the
stakes are placed on the table before the
betters, and the table must be owned by
both parties.
Poker
Although dice playing is not an as-machta,
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 gam-bling 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 non-
Jews, 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.
Slot Machines
In regards to slot
machines, there are those
who prohibit them since
the gam-bler does not
own the machines. Others
con-sider 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 Superbowl and Sporting
Events

Many people bet on sporting events, es-
pecially 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.
Lottery Tickets
Millions of people buy lottery tickets on a
regular basis, and many Jews are included
in this number. Some poskim maintain that
buying a lottery ticket is forbidden because
of gambling. How-ever, there are many
reasons to be lenient regarding lottery
tickets. It can be argued that the entire issue
of asmachta is because you think you will
win. How-ever, when one buys tickets he
knows he will probably not win. Others
argue that the winner receives money from
the state, not from individuals. Another
rea-son to be lenient is that the ticket itself
has value. 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. This may
be a reason to be lenient regarding fantasy
sports and online poker.
Tzedakah
Lotteries are permitted for tzedakah causes,
because the rule of asmachta does not apply
to tzedakah. 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. This is
also true for Chinese auctions. Even if the
buyer of the raffle would regret it is too late

because he has already pur-chased it. Bingo
in Shul Playing bingo is a waste of time. It
should not be played takes place, even on
occasion (room off to the side, etc.).
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 pieces of an item to see who gets
which portion, it is per-mitted if it is for his
household. How-ever, it is not permitted
for others since they may be jealous of one
another and will measure the items. Some
maintain that different size portions would
not be permitted even for his household,
since it is considered gambling. This is
not allowed even during the week, and
it looks like business on Shabbos. Other
opinions permit this with the house-hold,
since they do not care about the outcome.
The Ashkenazim rely on this latter opinion.
Lotteries for a mitzvah to decide who gets
an aliyah for yahrtzeit care if he loses;
therefore, there is no issue with making
a raffle on shabbos for boys who come to
learn. Children may play games for fake
money on Shabbos, since the goal is for a
game and not to earn money or gamble.
Communal Legislation against Gambling
The Rivash 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 Rivash says that gambling kills people.
It is disgusting, abominable, repulsive, and
it is addictive. The Biur Halachah says that
someone who is concerned for his soul
should distance himself from gambling.
The Aruch Hashulchan says that whoever
can stop from gambling will have great
reward. Harav Moshe Feinstein zt”l said
that it is a disgusting act and is like joining
a gathering of scornful people.