03 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 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 contribute 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, 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.
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.