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Q: What is the Jewish position on gambling? 

Glenda


A: Gambling is not mentioned in the Torah, nor in any of the Jewish scriptures. (Although there are things that are decided by the casting of lots; for example Haman decided on Purim day by lots.) In the later legal literature, there is some ambiguity about gambling. The only thing that is sure is that a professional gambler -- one who has no profession other than gambling -- is not to be trusted as a witness in court. (Based on Mishnah Sanhedrin 3:3.) Beyond this, there is a wide range of views on gambling.

The most strict viewpoint, and the reasons for it, are given by Maimonides, in his Mishneh Torah, Laws of Theft and Lost Objects, Chapter 6, laws 7, 10, and 11:

7. The sages forbade many things as kinds of robbery .... For example ... those who play with dice.
10. What does "playing with dice" mean? It means playing with wood or bundles or bones and such things and making an agreement that whoever wins the game will take a particular amount from the other; That, indeed, is theft according to the rabbis even though it is by consent, since one takes the money of another for nothing .... Similarly, anyone who plays with ... animals or birds and makes an agreement that the one whose animal wins or runs faster will take a certain amount from the other, all such things are forbidden and are considered theft according to them.
11. Gambling with a non-Jew isn't forbidden by reason of theft [I (Reb o.t. Web) believe this is because they are not reciprocally bound by the same strict rabbinic ordinances defining forms of theft], but is forbidden by reason of engaging in worthless activities, since the only fitting ways for a person to engage all their days is in the pursuit of wisdom and in "settling the world [i.e. constructive activities that make it possible for people to live in the world].

So, for Maimonides, if you win, you're a thief, and if you lose, you're wasting your time. (Although Maimonides didn't council asceticism, he didn't consider fun to be a worthy goal for its own sake. However, fun that contributes to physical and mental health is fine.) Many Medieval Jewish communities adopted this general prohibition of gambling to greater or lesser avail.

On the other hand, many rabbis permitted occasional gambling, especially on the "minor" festivals, such as Purim and Channukah; In fact, in some places, Channukah was called "The New Year of Gamblers!" There are responsa that record with approval that rabbis won lotteries, and there is even a ruling that one who wins a lottery must recite "Shehekheyanu."

An interesting particular aspect of the question posed by Glenda concerns the use of gambling (Bingo/casino nights, etc.) for synagogue fundraising. There have been two CCAR responsa dealing with this subject (American Reform Responsa, nos. 166 and 167), one from the thirties and one from the seventies. Both responsa indicate that raising funds in this way is not definitively prohibited by the letter of Jewish law, but that it also not a good idea. The earlier responsum raises concerns that "such Jewish affairs, especially if much publicized, may lower the respect for Judaism in the eyes of non-Jews." The later responsum, in commenting on the "concessions" that Jewish law has sometimes made with regard to occasional gambling, opines that "it is one thing to accept the human frailty, but another to approve it or to encourage it through the synagogue. Although funds from dubious sources may be accepted by a synagogue, it would be wrong to make such funds a basis for synagogue life. "

Indeed, the CCAR passed a resolution in 1949 and reaffirmed it in 1979 that stated:

The CCAR deplores the use of gambling devices to raise funds for Jewish religious and communal institutions, as being contrary to our faith and tradition. The CCAR calls upon its members to discourage such practices.

CCAR resolutions are not, however, apparently, de facto, binding.

written by Rabbi Jeremy Schwartz

 

last update: August 1999

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