06 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 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. 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 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.
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, 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.
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. However, 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. However, 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 reason 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.