02 Dec IS ONE ALLOWED TO PURCHASE A LOTTERY TICKET?

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 has
become legal in many states, and people can
now gamble on the internet from the comfort
of their own homes. The Jewish people are
not immune to the issues associated with
addictive gambling. In this article, we will
discuss the halachos regarding what kinds of
gambling are permitted and what is forbidden.
May one go to a Chinese auction, buy a lottery
ticket, or enter a raffle?
Sources – Opinions
The Mishnah in Maseches Sanhedrin lists
several people who are disqualified from
being witnesses. One of them is a me-sacheik
b’kubya, a dice player. The Gemara discusses
why a dice player is disqualified from giving
testimony.
Rami bar Chama says that the winner is
considered as if he is stealing from the loser.
This is called asmachta, which refers to taking
an action under the assumption that one will
never have to pay, rendering it an invalid
acquisition. Each gambler agrees to pay but
does not truly believe he will lose, so when
he hands over the money to the winner, it is
done unwillingly. This is considered a form
of rabbinic-level theft.
Rav Sheshes, however, holds that there is
no concern of theft. Rather, dice playing is
prohibited because it does not contribute
to society. Therefore, a gambler is only
disqualified if gambling is his sole profession.
If he has another occupation, then his
gambling is only recreational, and he does not
care if he loses.
The Rambam writes that one should occupy
himself with learning or other activities that
contribute positively to society.
According to Rav Sheshes, asmachta only
applies when someone believes he has control
over the outcome. If he does not have control,
the action is permitted. Asmachta only applies
when one makes a promise in order to gain
the other party’s trust. Gambling involves
such a promise: each gambler promises to pay
if he loses and expects to receive payment if
he wins.
Halacha
Many poskim rule like Rav Sheshes, that dice
playing is forbidden only as a profession. If
one does it occasionally, it would be permitted
(see below). The Shulchan Aruch, however,
holds that gambling of any kind is considered

theft; this is the Sephardic practice. The Rema
permits it with limitations, discussed below.
Gambling with Non-Jews
One who gambles with a non-Jew has
not transgressed any issur, but it is still
discouraged since it is a wasteful activity.
Limitations of the Lenient Opinion
Although the Rema permits recreational
gambling, there are several limitations:
It is only permitted if no skill is involved and
the gambler does not feel confident that he
will win.
The outcome must be dependent on luck.
All stakes must be placed on the table before
the bet.
The table (or receptacle) holding the money
must be jointly owned by both parties.
Poker
Although dice playing is not considered
asmachta, poker involves skill, and a player
may believe he will win because of his ability.
Therefore, poker is an instance of asmachta
and is prohibited. Regarding online poker, the
money is not physically on the table, so it is
forbidden even if one claims not to rely on
skill.
Fantasy Sports
Playing fantasy sports for fun with no money
involved is permitted. However, since the
results often depend on skill, playing for
money raises concerns of gambling and is
prohibited.
Horse Racing
Many people go to racetracks to bet on
horses. If skill is involved, betting would
be forbidden; however, since the parties
involved are typically non-Jews, the halachic
concerns of gambling do not fully apply. If
one goes purely for entertainment, it may not
qualify as gambling, but it is still best avoided
as a waste of time.
Slot Machines
Some authorities prohibit slot machines
because the gambler does not own the
machine. Others consider it as if he does
own it, since he is guaranteed the payout if
he wins. One can argue that the money is
considered “in front of him” as well.
Betting on the Super Bowl and Sporting
Events
Many people bet on sporting events,
especially the Super Bowl. All money should
be placed in front of those who bet, and
each person should acquire ownership of
the container holding the stakes. However, if
each participant thinks he will win because of
his skill or knowledge, it is not permitted due
to asmachta.

Lottery Tickets
Millions of people, including many Jews,
regularly buy lottery tickets. Some poskim
hold that buying a lottery ticket is forbidden
because of gambling. However, there are
several reasons to be lenient:
Asmachta applies only when one thinks he
will win; lottery buyers generally assume they
will not win.
The prize money comes from the state, not
from individuals.
The ticket itself has intrinsic value.
There is no personal relationship between
participants, reducing emotional resistance to
losing.
Lottery players pay upfront with full intent
and generally do not feel regret when they
lose.
These reasons may also apply to fantasy
sports and online poker, depending on
circumstances.
Tzedakah
Lotteries and raffles for tzedakah are permitted
because asmachta does not apply to charitable
giving. The loser willingly relinquishes his
money knowing it goes to a good cause.
Additionally, when purchasing a raffle ticket,
the buyer consents fully to the sale at the time
of purchase. This includes Chinese auctions.
Even if the buyer later regrets it, it is too late,
as the purchase has already been completed.
Bingo in Shul
Playing bingo is considered a waste of
time and should not be played in shul, even
occasionally (whether in a side room or
elsewhere).
Lotteries on Shabbos
Children often attend pirchei groups on
Shabbos, where raffles or lotteries are held
for prizes. Is this permitted?
The halacha is that if one has equal pieces of
an item and is simply determining who gets

which portion, it is permitted within one’s
own household. For others, however, it is not
allowed because they may become jealous
and compare or measure portions.
Some authorities maintain that differing
portion sizes are prohibited even within the
household, since this resembles gambling.
This is not allowed even during the week and
resembles business activity on Shabbos.
Other opinions permit this within the
household, since family members do not care
as much about the outcome. Ashkenazim rely
on this lenient opinion.
Lotteries for a mitzvah, such as determining
who receives an aliyah for a yahrtzeit—are
permitted because the participants do not care
about losing. Therefore, raffles on Shabbos
for boys who attend learning groups are also
allowed.
Children may also play games for fake money
on Shabbos, since the goal is play, not earning
money or gambling.
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 on the Morality of
Gambling
The Rivash writes that gambling destroys
people and describes it as disgusting,
abominable, repulsive, and addictive.
The Biur Halacha says that someone who
cares for his spiritual well being should
distance himself from gambling.
The Aruch Hashulchan says that whoever
refrains from gambling will merit great
reward.
Harav Moshe Feinstein zt”l said that gambling
is a disgusting act and comparable to joining a
group of scoffers.