Ask the Rabbi with Rabbi Chaim Mintz

Does the Torah prohibit Jews from gambling? And what about buying tickets in a Chinese auction or a lottery for that matter – is that considered gambling?


Rabbi Chaim Mintz responds:

Gambling and betting are usually forbidden, and even when they are not, it is definitely inappropriate and frowned upon by our rabbis.

Gambling – A Form of Stealing

There are two main concerns with Jews gambling. One issue is what the Gemara (Talmud) calls asmachta – an agreement based on speculation. When people gamble, although they realize they might lose, in their minds, they expect to win and not have to pay any money out of their pockets. So when they do actually lose, they may surrender the money unwillingly. According to the Torah, taking money from someone who is only giving it because he is forced to do so is a form of stealing.

This is similar to visiting someone in his home, who feeds you because he is embarrassed not to, rather than because he wants to. This is forbidden, as the person is only giving you because he feels pressured to, which is considered stealing. (If the players lay their money out on the table before the bet or game takes place, it might not be considered stealing, as the money was already out of each one’s possession before they started.)

Compulsive Gamblers are Not Contributors to Society

Another issue is that people who engage in gambling on a regular basis are not involved in furthering the welfare of the world. Every human being is expected to participate in society, contributing something to help humanity. Even though many people spend much of their time earning money for themselves, they do so while providing some service or product to the world. But a person whose sole occupation is gambling is just spending his time trying to make money without contributing positively to society.

Gambling Venues Inappropriate for Jews

Even if someone only gambles occasionally, this hobby often leads to addiction, which will turn him into a non-productive member of society, and can ruin his life and the lives of his family. Additionally, casinos are fraught with numerous other behaviors inappropriate for a Jew. In fact, years ago, Jewish organizations would hold their conventions in Atlantic City, but after it became a place of gambling, they changed venues.

Auctions and Lotteries – Not like Stealing

These issues would not apply to entering a Chinese auction or buying a lottery ticket. Since the person gives the money willingly, and it is already out of his possession before the auction or lottery takes place, he has no expectation of getting the money back, and it is not like stealing. And, entering an auction or lottery is not an occupation, so someone who buys an occasional auction or lottery ticket is still a productive member of society.

A Jew does not Regret a Mitzvah

When it comes to buying a ticket in an auction benefitting a worthy cause, there is another reason why it is allowed. The Talmud (Rosh Hashanah 4a) states that a Jew who gives charity as a merit for his son to live is considered completely righteous. Since deep down, every Jew wishes to do mitzvot, it can be assumed that he is happy to give charity, regardless of whether his request is granted. Similarly, when a person buys a ticket in an auction benefitting charity with the intent of winning the prize, even if he doesn’t win, he will be happy that he did a mitzvah with his money and will not regret his donation.

In short: Gambling is usually forbidden for Jews, because people surrender the money unwillingly, making it similar to stealing. Additionally, compulsive gamblers are not considered part of society. These issues don’t apply to Chinese auctions and lotteries, and certainly those that benefit charity.

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