04 Feb GAMBLING ON THE SUPERBOWL 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
“mesacheik 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
conduct 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 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 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
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 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 purchased 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 permitted
if it is for his household. However, 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.