Is Gambling Forbidden In Judaism
Gambling with another person is forbidden, for any money that you win is given with a heavy heart. The other person would not have been willing to gamble had he originally known that he would lose, so the money won is not clean money. According to Halachah a consistent gambler is actually unacceptable as a witness in a Jewish court of law. If it’s merely because gambling is a frivolous pursuit, then the occasional bet may be permitted. If gambling is thievery, then it’s prohibited at all times, which is the view of some rabbinic authorities. In either case, compulsive or professional gambling would be forbidden. Aug 06, 2013 Most endeavors that mandate irrational and overly chancy behavior are forbidden by the Jewish tradition. Gambling is one of the prevalent modern activities that may make for fun sport in. Apr 18, 2018 The Talmud does not forbid it but looks down upon it severely. If one does it professionally, he is not valid to be a witness in Jewish litigation court. The Talmud gives two reasons: 1.
- Is Gambling Forbidden In Judaism Beliefs
- Is Gambling Forbidden In Judaism Religion
- Is Gambling Forbidden In Judaism Religion
- Is Gambling Forbidden In Judaism Customs
- Is Gambling Forbidden In Judaism Bible
By
Rabbi David Bassous
Congregation Etz Ahaim
Highland Park, N.J.
and
Rabbi Harold Sutton
Congregation Bnei Yitzhak
Magen David Yeshiva
Brooklyn, N.Y.
Gambling is a major growth industry in our era. Casinos, lotteries and slot machines
are big business. In this short article I will try to examine the halachic ramifications
of gambling.
Many Jews, even sensible and decent people may be involved in gambling infrequently,
especially since many high class resorts often combine hotel facilities with gaming rooms
and casinos.
Under discussion will be many of the traditional sources which bear on this topic
directly and also some of the broader philosophical issues which may be involved. Some of
the issues raised have major ramifications as to how a person may conduct himself in
general aside from the issue of gambling.
The topics which will be discussed include the following:
- The Halachic prohibitions involved in gambling.
- Robbery
- Not engaging in productive labor.
- The Philosophic prohibitions involved in gambling.
- The slippery slope.
- Wasting time.
- Mixing in bad company.
- Wasting of financial resources.
- Lack of 'holy' behaviour.
_-_The_Cardsharps_-_Google_Art_Project.jpg "Forbidden")
- Related Issues
- How does a gambler do teshuva?
- Returning the winnings.
- Vows and Gambling.
The Halachic Prohibitions Involved in Gambling
The Mishnah in two separate places addresses the issue of the worth of a gambler's
testimony in a Jewish court of law.
In Tractate Rosh Hashanah Chapter 1 Mishnah 8 the Mishnah lists those that are
disqualified from giving testimony about the 'new moon'. Among the others that are
mentioned are two categories of people that concern us.
(a) 'Mesahakei Kubia' literally dice players or gamblers.1
(b) 'Mafrihe Yonim' literally pigeon-fliers or pigeon racers.
Both categories are disqualified to give testimony about the new moon in the Beth Din -
the Jewish Court.2
In Talmud Sanhedrin another Mishnah, in which there is a debate between the Hakhamim
(Rabbis) and Rabbi Yehuda dealing with the ineligibility of these two categories of
individuals from being judges or giving testimony3 in monetary cases is quoted as follows:
These are the ones ineligible to be judges or witnesses: One who plays with
dice;ÖÖ.pigeon fliersÖÖ.Rabbi Yehudah said When are dice-players ineligible to
adjudicate or testify? When they have no trade but this, but if they have a trade besides
this they are eligible.
Rashi explains Rabbi Yehudah's view as people whose sole occupation is gambling are not
involved in doing anything useful. As a result, they are unacquainted with basic business
law and commerce, and have no aversion to illegal activity. However, one who engages in
some other form of occupation is not flawed in this way and remains eligible.
The Gemara bring down a debate about why a dice-player's activity disqualifies him:
Rami Bar Hama says that the dice player is disqualified because the wager agreement he
is entering into is an example of asmachta4, because each player consents to the terms of
the game only because he expects to win. Since the loser does not willingly surrender the
wagered amount, the winner is considered to be stealing when he collects, and is thus
ineligible as a witness or judge.5
Rabbi Sheshet says this agreement is not considered an asmachta. According to this
opinion the only situations that involve asmachta are when the individual relies on his
own ability. Dice players realize that the outcome of the game is determined by chance and
not their own personal skill6. Rather, dice players are disqualified because they are not
involved with furthering the general welfare of society.
The Talmud explains that the difference between these two opinions is the case where
the gambler learned another profession.
Rami bar Hama would still disqualify the gambler by virtue of his accepting winnings
based on a non-binding asmachta agreement, whereas according to Rav Sheshet he is eligible
because his second occupation is socially useful.7
According to Rami bar Hama the prohibition involved in gambling is not the gambling
itself but taking the winnings which involves the 'dust of robbery'.
According to Rav Sheshet there is no prohibition in taking the winnings, the problem is
being a gambler. This occupation is distasteful as is non productive.
The Rambam8 (Hilchot Gezela Chap. 6 Halacha 10) codifies that gambling between two
parties is Rabbinically prohibited as it is classified as robbery by the Rabbis. Even
though the winner took the proceeds with the full knowledge and consent of the loser,
since he took his money for nothing, by playing, it is considered robbery. Similarly,
wagering on animals and birds is prohibited rabbinically.
However the Rambam in Hilchot Edut9 says that a person who plays dice is disqualified
from giving testimony only if he is a professional gambler and has no other occupation,
since he is not engaged in settling the world. He must be living of the proceeds of his
gambling which is the 'dust of robbery'10. Similarly a person who wagers on animal and
bird races is disqualified if he has no other occupation except this.
There is an obvious contradiction in Rambam. In Hilchot Gezela it seems that he decided
the law according to the opinion of Rami Bar Hama since he considered gambling as robbery,
however, in Hilchot Edut it seems that he deciced according to Rab Sheshat since he only
disqualified the gambler as a witness if he has no other source of income.
The commentaries11 on the Rambam conclude that while he holds like Rami Bar Hama and
states that it is prohibited to gamble because of the 'dust of robbery', he nevertheless
does incorporate some of Rab Sheshat's reasoning by invalidating the gambler as a witness
only if gambling is the main source of the person's earnings in which case the person is
living off a Rabbinically frowned upon income.12
However, Tosaphot13 as well as some other Rishonim14, disagree with the decision of
Rambam and they formulate the halacha according to Rabbi Yehuda's opinion quoted in the
Mishna in Sannhedrin. According to their opinion most forms of gambling cannot be
considered asmachta and the only prohibition of gambling is in a situation where the
gambler has no other profession. This concurs totally with the opinion of Rab Sheshat.15
The Tosaphot and the Mordechai16 explain that even according to the above mentioned
opinion which permits 'Dice Playing' as long as one has another profession, it
is only permitted to do so if the actual cash is placed on the table and the money is
transferred to the winner immediately follwing his victory. If, however, there is no
immediate cash transaction but rather the game is based on Amanah, trust that the loser
will pay, then even according to the more lenient viewpoint this is considered asmachta.
There are those opinions that add that even when the cash is placed on the table, the
table must be jointly owned by all players.17
Elsewhere18 the Mordechai further restricts the aforementioned leniency, by
distinguishing between gambling that involves some form of skill and those that involve
none. Only gambling that involves no skill is permitted according to this lenient
opinion.19
Another approach to this question is brought down by the Ribash.20The Ribash claims
that even according to Rab Sheshat gambling is forbidden even if that is not the
individual's sole source of income since it is 'a disgusting and abominable act that
causes many to stumble'. According to this approach the only difference between Rab
Sheshat and Rami Bar Hama is the status of the money already won by the gambler,21 however
they both agree that one is forbidden to enter into a gambling arrangement. The Ribash
admits that Rab Sheshat would only disqualify the gambler as a witness if he has no other
means of livelihood.
The Shulhan Arukh follows the opinion of Rambam by classifying gambling as asmachta
which would mean that the winner is not entitled to the proceeds of his victory and
retaining would be considered stealing.22 However, like Rambam, he also only disqualifies
the gambler as a witness if gambling is his only means of livelyhood,23 thereby creating
the same compromise between Rab Sheshat and Rami Bar Hama as did Rambam. The Remah however
disagrees with the Shulhan Arukh and decides the law according to the Tosaphot and
Mordechai.24
Gambling with a Non Jew
The Shulhan Aruch (chap 370 hal 3) deals with the issue of gambling with a non Jew. The
Shulhan Arukh quotes two opinions
Put in direct quote of Maran and Remah here
The first is a direct quote from Rambam who although concedes that since we are dealing
with only a rabbinic category of stealing, even according to Rami Bar Hama, there is no
problem of stealing when gambling with a Non Jew, nevertheless it is still forbidden to
gamble with a Non Jew even if one has another profession because it is forbidden to
involve oneself in mundane and wasteful practices. The second opinion cited permits
gambling with a Non Jew provided that the individual has another means of livelihood aside
of gambling. The Remah comments and says that the common practice follows the second
opinion cited in the Shulhan Arukh and further permits, as discussed above, gambling even
with a Jew.
It should be noted that the first opinion cited in Shulhan Arukh which forbids gambling
with a Non Jew even if one has another profession (which is a quote from Rambam) can be
understood in light of the Ribash cited above that even according to Rab Sheshat it is
forbidden to gamble because he is involved in mundane matters. Since there is no problem
of Asmachta with a Non Jew, Rami Bar Hama's concern is alleviated and even according to
Rambam we need only be concerned with Rab Sheshat in the situation involving a Non Jew.
The two opinions cited in the Shulhan Arukh are the two ways to understand Rab Sheshat
discussed above.25
Lotteries
The issue of the permissibility of engaging in lotteries is very pertinent to this
discussion. Rabbi Israel Mizrahi in his responsa Peri Haares was asked about whether it
was permissible to raffle off a Sefer Torah in the case where the scribe had trouble
selling it. He responded that this would be permitted only if it could be ascertained that
every purchaser of every ticket would formally renounce all his right to the Sefer Torah
as a result of his purchase. This condition was seen as impractical by many later
authorities.26
Rabbi Yosef Haim in his responsa, Rab Pealim, after analyzing the aforementioned
responsa quotes the Havot Yair (chapter 61) who stated that he permitted his students to
raffle off a golden Kiddush cup. After much analysis Rabbi Yossef Haim concluded that when
the raffle is for a specific object, as opposed to money, then since the participants in
the raffle have no ownership over the object being raffled off the winner of this raffle
is not guilty of robbery. The concern is in this case only with the sponsor of the raffle
who may be guilty of stealing the money for the raffle since that money was acquired
through asmachta. Rabbi Haim then goes on to say that it may be possible to exonerate even
the sponsors of such a raffle since each person willfully forfeits total right to his
money in return for an opportunity to win the object being raffled.
The issue of the permissibility of lotteries has been greatly debated by contemporary
Israeli Rabbinic authorities. The topic of this debate is the Israeli national lottery
'Mifal Hapayis', where the prize of the raffle is not a specific object but
rather a percentage of the money raised from selling the raffle tickets. Rabbi Ovadia
Hedaya27 rules that such a lottery is permitted. He concludes that based on the rulings of
the Peri Haares and Havot Yair as well as recorded from the 'great Rabbis of Italy
that have partaked themselves in these practices' it is absolutely permitted for one
to be involved in.28 Rabbi Ovadia Yossef 29 claims that such lotteries are absolutely
prohibited by Jewish Law and that the winner of such a lottery is guilty of robbery. He
goes on to say that not only according to Sepharadim who are bound by the Shulhan Aruch,
who rules with Rambam like Rami Bar Hama, is such a practice forbidden but that even
Ashkenazim, who may rely on the lenient ruling of the Rema, should desist from such a
practice. He points out the relevance of the opinion of the Ribash, who claims gambling is
forbidden according to all opinions because it is an abominable act which brings grief and
destruction to all those who are involved in it, by claiming that many people in this
generation spend their entire life savings on lotteries on hopes of some against all
rational odds victory.
The Slippery Slope
The Ribash39 claims that even according to lenient authorities who say that gambling is
not a form of robbery would agree that gambling is forbidden even if that is not the
individual's sole source of income since it is 'a disgusting and abominable act that
causes many to stumble'.
The Talmud in Shabbat 105b states that a person who rips his clothes in a rage or
breaks his vessels in his rage or scatters his money in a rage should appear in your eyes
as one who worships idols, because that is the way of the evil inclination one day it
tells you to do this the next something else until it finally persuades a person to
worship idols. What the Talmud is teaching us is to nip bad actions in the bud before they
get worse. This is the concept of a slippery slope, or one bad deed leads to another.
Rabbi Moshe Feinstein40 has an interesting responsa41 which deals with the prohibitions
involved in doing drugs.42 He discusses the slippery slope of addiction and strong desires
that cannot be controlled. It is a very grave prohibition to engage in cravings which are
uncontrollable. The biblical source for this proscription are the verses dealing with the
'wayward and rebellious son'.43 The parents would bring this boy to the elders of his city
and say 'This son of ours is wayward and rebellious; he does not hearken to our
voice; he is a glutton and a drunkard.'
We see that the rebellious son had a tremendous and uncontrollable appetite, even
though it was for kosher food, how much more so a person is prohibited from having
uncontrollable desires for things which are not essential for survival.
The Talmud44 explains the rationale behind the strict and extreme penalty which is
exercised in the case of the rebellious son, because, as a result of his uncontrollable
urges to satisfy his desires for more food and drink, he will eventually come to steal
from others. This is the 'slippery slope' an action though in itself seemingly innocuous
has ramifications in terms of the future deeds of the person involved.
Non professional gambling may not be prohibited directly by all authorities however, it
is prohibited for other reasons, one of which is this idea of the slippery slope. The
gambler may turn to robbery to support his habit.
Holiness
Ramban (Nachmanides) in his famous commentary on the Torah in Parashat Kedoshim
(Leviticus 19:2) explains the Torah's enjoinder to be holy as a mitzvah to abstain from
excesses in any desire.
'The Torah has admonished us against immorality and forbidden foods, but permitted
sexual intercourse between man and wife, and the eating of certain meat and wine. If so, a
person of desire could consider this to be passionately addicted to sexual intercourse
with one's spouse and be among alcoholics and gluttonous eaters of flesh, and speak freely
all profanities, since this expression has not been expressly mentioned in the Torah, and
thus one can become a sordid person within the permissible realm of the Torah! Therefore
having listed the matters which He prohibited altogether, Scripture followed them up by a
general command that we practice moderation even in matters which are permitted.
One should minimize sexual intercourse except in the fulfillment of the mitzvah. He
should also sanctify himself to self restraint by using wine (and alcoholic beverages) in
small quantities, just as the Bible calls a Nazirite holy for abstaining from wine and
strong drink. A person should remember the evils mentioned in the Torah of drinking wine
as in the stories of Noach and Lot.....Likewise he should guard his mouth and tongue from
being defiled by excessive food and by lewd talk......He should purify himself in this
respect until he reaches the degree known as complete self restraint....Cleanliness of
hands and body (personal hygiene), are also included in this precept.....
G-d's main intent is to warn us that we should be physically clean and ritually pure,
and separated from the common people who soil themselves with luxuries and unseemly
things.' 45
According to Nachmanides perception of holiness, gambling would definitely fall into
the category of unseemly things which we as a holy nation should have nothing to do.
Wasting Time
The Rema in the Laws of Shabbat discusses the issue of playing chess on Shabbat46 His
concern seems to have been the problem of making noise by placing the pieces of shaped
bone on the board. He concludes that since the intent is not to make the noise it is
permissible to play.47 Rabbi A. Sasson argues that since there is no practical need to
play chess on Shabbat it should be prohibited and so with other games on Shabbat. However
in places where people do play these games one does not need to rebuke them.48 If a person
is depressed or needs to refresh their thoughts, then playing chess on Shabbat would be
allowed even according to the strict opinion.
The Minhat Yitzhak49 discusses the general implications of playing games in general. He
quotes the classic ethical work Reishit Hochma50: 'Included in a session of
scoffers51are those that play dice and other games, even though they do not play for
money, which is prohibited because of robbery, it is considered a session of scoffers.
The Mitzvah of Talmud Torah
It is a positive commandment52 to learn Torah and teach it, as it says in Devarim 6:7,
'and you shall teach them diligently to your children.'
The Sifri learns two things from this verse:
a) There is a mitzvah to teach students. We find that the Torah in Kings 2 2:3 refers
to students as children.
b) There is a mitzvah to learn for oneself53. 'The words of Torah should be sharp
and clear in a person's mouth, that he should not stammer over them.'
The mitzvah to teach Torah to one's children and grand children is learnt from Devarim
4:9: 'and you shall make them known to your children and your children's
children.'54
The purpose of learning Torah is to enable a person to understand the ways of G-d.
Three crowns55 were given to us:56 The crown of the Torah; the crown of the priesthood
and the crown of the monarchy. Aaron the brother of Moses and his descendants obtained the
crown of priesthood. King David and his descendants were worthy of the crown of monarch.
The crown of the Torah is available for every single Jew as it says:57 The Torah was
commanded to us by Moses and is the inheritance of the Community of Jacob. The crown of
the Torah is of a higher nature than the other two.
There is no other mitzvah among all the other mitzvot worth as much as Talmud Torah.
Talmud Torah is equivalent to all the mitzvot, because learning leads to action. Therefore
learning Torah comes before other mitzvot. 58
A person will first be judged on learning Torah before his other deeds59. This is why
our sages said that it is good to learn Torah whatever ones motives. A person who has
ulterior motives and learns Torah will eventually purify their motives.60
A person should learn to limit his other desires and learn more Torah.61 A person
should work as much as their needs and learn Torah the remainder of their time62. The more
trouble a person has in order to learn Torah the more his reward.63
To fritter away precious time for senseless and sometimes even destructive pursuits
instead of engaging in Torah study is unfortunate.
Shalom Bayit - Peace at Home
One of the problems caused by gambling is that of marital conflicts and even divorce.
Peace at home is an integral part of Jewish law. G-d's ineffable name is even allowed
to be defaced in the Sotah ceremony, in order to heal the marital situation of the couple.
The Rabbis instituted the mitzvah of lighting a candle before Shabbat to encourage a
warm loving ambience in the house.
Peace is the last thing we pray for in our amidah and is the prophecy for the end of
days. Domestic harmony is prescribed by the Rabbis64 they advocated that: A person should
spend less than his means on his own clothes and more than his means in honoring his wife
and children.
The constant insistence on the value of the family as a social unit for the propagation
of religious values and the significant fact that the accepted Hebrew word for marriage is
'kiddushin' sanctification had made the Jewish home the most vital factor in the survival
of Judaism, much more than the school or synagogue.
Marriage in today's society is under constant pressure, so much so that according to
recent statistics divorce rates are in the 50% range. Even among the members of the
observant Jewish community divorce rates are in the 10-20% bracket.
Lack of domestic harmony is usually the result of feeling short changed, and who feels
short changed more than a woman whose spouse has a drinking, drug or gambling problem.
There are responsa from the rishonim that discuss the issue of gambling of the spouse
and the breakdown of the family.
The Rosh (Rabenu Asher bar Yechiel) was asked about a person who was having marital
difficulties. The husband did not want to divorce his wife but she did want to divorce him
because of his gambling problem.65
The Ritva was asked after a couple were engaged to be married and a certain amount of
moment was promised as dowry by the family of the bride whether the bride's family could
withdraw from their commitments after they found out that their future son-in-law was a
gambler.66
The Rabbis in the Talmud67 ruled that a husband does not have the right to exact from
his wife an accounting of her household allowance under oath. Either the relationship was
one of trust or it was better to be terminated. Any relationship in which one party has
destructive, uncontrollable addiction is bound to suffer.
Gambling is known to shatter lives and marriages, a Jew is prohibited from engaging in
self destructive phenomena and is encouraged to engage in solid stable and productive
relationships.
Wasting Resources
The Torah in Devarim 20:1968 commands the Jewish army besieging an enemy city (Bal
Tashchit) not to uproot any fruit trees. This mitzvah is the heading for a very broad
range of prohibitions involving the waste of resources for no useful purpose.
The Talmud in Rosh Hashana 27a69 discusses the reason why the mouth of the shofar blown
on fast days was plated with silver and not plated with gold. One of the reasons offered
by the Gemara is that: 'the Torah is concerned about the financial well being of the
Jews'. To gold plate the shofar which is used for the tremendous mitzvah of arousing the
people of Israel to teshuva and good deeds is considered inconsequential when juxtaposed
with the concept of not wasting money.
Rashi quoting the Midrash in Parashat Vayishlach says that Yaakov our forefather after
he had crossed his family and his belongings over the stream went back in the middle of
the night to collect a couple of small utensils that he had left behind. So great was the
care that Yaakov had for his belongings that he had earned with honest sweat and toil. He
was not prepared to lose anything that G-d had blessed him with. This Midrash is really
teaching that we must take tremendous care with the bounty that the Almighty blesses us
with, and not waste anything useful.
The Talmud in Menahot70 discusses the making of the twelve loaves of bread which were
kept in the temple. It specifies that they had to be made with fine flour. This flour
could be made on site to save expense.71
Similarly the oil of crushed olives was allowed to be used to make the meal offerings
although only oil from the first drops was allowed for the menorah.72
The Talmud in Avodah Zarah 11a discusses the old custom prevalent in those times of
burning expensive garments and articles of clothing in honor of Kings or Princes of the
Jews who had passed away. Even though this was tremendously wasteful it had a rationale -
to show extensive honor to the deceased. The Talmud comments that this type of burning of
expensive, items was allowed only for Kings or Princes but for regular folk it is
prohibited because of the law of not wasting (Bal Tashchit). This prohibition is codified
in the Shulhan Aruh73.
Rav Kook74 in his book of responsa entitled Daat Cohen75 discusses the upgrades and
modernization to a cemetery. He emphasizes that a lot of money should not be spent because
this is a waste of public funds and is a transgression of Bal Tashchit, and the Torah is
concerned with the financial well being of the Jews. Today we need more money to spend on
important charitable causes which focus on the living. It is obvious that for everything
the needs of the living come before those of the dead.76
The Talmud Ketubot 8b says that the Rabbis praised Rabban Gamliel for abolishing the
custom of wasting tremendous amounts of money on the burial of the dead.77 Similarly it is
forbidden to hang food on a coffin to honor the deceased because of the prohibition of
being wasteful.78
The general rule in Jewish tradition has always been to do a lot of charity with the
living instead of expending major expenses on the deceased.
Rabbi Tzvi Pesach Frank,79 discusses whether it is allowed to uproot fruit trees in
order to build a sukkah in the space they were standing.80 He quotes a general rule81 that
if a person destroys something for the sake of performing a mitzvah it is not considered
wanton waste but a productive waste in which case the prohibition of 'Bal Tashchit' is
superseded by the performance of a mitzvah.
The source of this rule would seem to be the mitzvah of 'keriah' the ripping of a
garment on hearing of the loss of a close relative. This rule would appear to be based on
the well known dictum that 'a positive commandment pushes aside a negative commandment.'82
However, this is only true if the mitzvah cannot be performed any other way. If a person
can build his sukkah elsewhere or use his friend's sukkah for the mitzvah it would seem
that he would not be allowed to cut down any fruit trees to build a sukkah.
The Sefer Hasidim83 discusses a case where a sofer wishes to bury a perfectly kosher
page of a sefer Torah because he was not happy with the beauty and quality of the writing
and he wished to re-write that particular page. The Sefer Hassidim concludes that the
sofer would be allowed to bury the page even though this would appear to be wasteful and a
transgression of 'Bal Tashchit' since there is a purpose of beautifying the Torah84. His
rationale seems to be that there is no prohibition of 'Bal Tashchit' if the waste has a
constructive purpose. According to this line of reasoning cutting down fruit trees in
order to build a sukkah which is only a preparation for a mitzvah may also be allowed.
The Talmud in Shabbat 140a85 discusses the idea of eating expensive types of food when
a person could get by on inexpensive varieties of meals. The Talmud concludes that since
the expensive varieties maybe more nutritious they should be partaken off in order not to
waste one's own body. We see that the principle of Bal Tashchit applies to food and also
to one physical well being. A person who does not look after himself and causes weakness
or injury to himself also transgresses this mitzvah.
The Talmud in Baba Kama 91b86 discusses whether a person who does keriya - rends his
garments for a deceased relative too much transgresses 'Bal Tashchit' and whether a person
who injures himself is also in violation of this law.
The Shulhan Aruh discusses 'Bal Tashchit' explicitly in two different locations:
1) In Orah Haim 170:2287 he discusses a person who drank from a cup of wine and was
unable to finish the whole cup, he should wipe the rim of the cup because of disgust and
give it to someone else to finish but he is not allowed to pour the wine to waste so as
not to transgress the prohibition of 'Bal Tashchit'. However, if he was drinking a glass
of water and some water was left he may pour it away.
2) In Yoreh Deah 349:488 Rabbi Yoseph Karo discusses a custom which was prevalent in
the time of the Talmud of throwing various belongings of the deceased into the grave with
his body he comments: 'Whoever increases throwing vessels into the grave transgresses
the law of 'Bal Tashchit'.
From Tosfot89 it appears that the prohibition of 'Bal Tashchit' does not only apply to
fruit trees but is a Torah law by other kinds of waste too.
However from the language of Rambam90 it appears that other types of waste are only
forbidden by Rabbinical ordinance and not by the Torah.
The Rambam quotes the classic prohibition of not uprooting productive fruit trees and
then goes on to say that:
Not only fruit trees are prohibited to be uprooted but whoever breaks vessels or rips
clothes or destroys a building or blocks a stream or wastes food91 transgresses 'Bal
Tashchit' from the Rabbis. (All these actions are prohibited if they are done in a
wasteful manner.)
From the language of the Rambam it appears that destruction is forbidden only if an
action was involved. However sometimes food can be wasted by no action involved. Just by a
person not consuming the food or drink, it becomes stale and inedible. Does he still
transgress a prohibition of 'Bal Tashchit' even though he was not the direct cause of it's
destruction, surely not.
It would seem that because the odds against ever winning anything are usually high a
person who gambles in reality wasting money.
Teshuva from Gambling
Returning the Winnings
Vows and Gambling
a) Should a person make a vow to stop gambling?
There is a section in the Shulhan Aruh which deals with vows that are made to encourage
a person to keep Jewish Law.30
In general Jewish law discourages a person from making vows and oaths.31 They are
viewed as unnecessary pit falls. As the Talmud puts it 'Isn't it enough for you what
the Torah forbade, why do you want to add to it?'32 However, in certain cases it is
not only allowed to make a vow, it is even praiseworthy.33
One of the situations in which it is allowed to make a vow is if a person is fearful of
transgressing a mitzvah.
Or if an individual is scared that he may be lazy and not perform a positive
commandment, then it is a mitzvah to make an oath to perform the mitzvah.
Obviously if a person has no fear in breaking a vow or an oath there is no point in him
making one.
b) Can a person annul a vow that was made to prevent him from gambling?
Tosfot34 quotes a story from the Talmud Yerushalmi about a woman who came before Rabbi
Boon and asked him to annul her vow. He asked her what her vow was. The answer was that
she had made a vow not to gamble. Rabbi Boon refused to release her from her vow.
The Shulhan Aruh35 in the Laws of Vows quotes the following:
'We do not annul vows that are made prohibiting a forbidden activity. Even a vow
that prohibits a Rabbinically proscribed activity should not be annulled, for instance, a
vow not to gamble should not be annulled.' The Shulhan Aruh continues that 'if
this vow was annulled some say the annulment is valid and some say that the annulment is
invalid.'36
Rabbi Joseph Karo in the Bet Yoseph and Rabbi Eliahu Mizrahi are of the opinion that
even if the person who made the vow is screaming and wailing that they cannot help
transgressing it we are still not allowed to annul it.
The Rema37 however says that if the person involved is incapable of fulfilling the
terms of the vow then we are allowed to annul it.
The Hatam Sofer38 rules that if the person already broke his vow then we may annul it
retroactively to prevent him fom transgressing this extremely important law.
Although we don’t share the opinion that gambling a sin, different people and religions have varying opinions on that matter. In fact, religion has always been one of the most severe critics of gambling. Religious fanatics claim that it is a sin to gamble and casino games must be eradicated from society. Religion condemns casino games as something inappropriate and dangerous. However, the attitude towards gambling varies across religions. For example, while Christianity claims that gambling is a sin, it doesn’t provide any punishment for playing casino games. At the same time, in Islamic countries, betting enthusiasts risk being jailed or even killed. In the secular society, online casinos and slots are just a form of entertainment like any other, and any person above 18 years old can have gaming as a hobby. We consider this point of view to be the only right one. However, religion has its own convictions as to what is considered a sin. Since religion greatly affects the lives of common people, we can’t ignore it.
Christianity
The modern Christian religion doesn’t have a strong opposition against betting and gamblers. While the Bible hardly addresses the issue of gaming, we can still find scriptures on gambling. These scriptures can be called ambiguous and open to interpretation.
Although there is god hates sin bible verse, God doesn’t hate sinners.
In the times of early Christianity, casino games were strictly prohibited, although no one could explain why is gambling a sin.
The situation remained unchanged until Reformation. As centuries passed, the Roman-Catholic church became less radical and stopped to consider gambling a sin. Still, some categories of gamblers were castigated like before. For example, people prone to gambling addiction were not allowed to gamble. Also, the church condemned betting if it did harm to other people.
Protestantism doesn’t share Catholicism’s mild views on casinos. The Protestants believe gambling to be a heavy sin and stand for gambling bans and restrictions.
As for the Orthodox Church, it demonstrates strong condemnation towards gambling. It’s believed that gaming is closely related with greed, egocentrism, and other flaws and makes a person neglect their loved ones. At the same time, the Orthodox Church doesn’t provide any particular punishment for gamblers, except for clergymen.
The takeaway we can draw is this. Although the Bible contains god hates sin verse, Christians can gamble. However, they’ll have to redeem their sins.
Islam
Islam is known for its unapologetic attitude towards gambling. Being one of the youngest world religions, Islam consists of multiple currents, each defining sin differently.
For example, if you come to Turkey, you won’t find any casinos. However, this doesn’t stop the Turks from enjoying gambling abroad.
Is Gambling Forbidden In Judaism Beliefs
Although in Islam, gambling is considered haram (an act forbidden by Allah), the gambling Turks are not publicly condemned.
At the same time, playing slots or making sports bets are the hobbies that are not approved by the society.
In Iran, the situation with gambling is completely different. Local gamblers are publicly condemned and even prosecuted by law. In the remote regions of the country, gamblers risk being executed. We won’t exaggerate by saying that among the world religions, Islam has the least tolerance towards gambling. In Islamic countries, it’s commonly believed that gamblers are driven by sin.
Hinduism
Being one of the oldest world religions, Hinduism has a pretty moderate attitude towards gambling. Hinduism incorporates a variety of schools that interpret gambling in different ways. In other words, each country or region has its own rules based on its local traditions.
According to the Indian manuscripts, gamblers should be taxed. This means that the ancient thinkers proposed to regulate gambling instead of banning it.
At the same time, in Manusmriti, the ancient legal text, casino games are mentioned among four biggest sins.
Here is a curious fact. If a gambler wins, it’s considered to be a reward for his kind doings. In other words, people a good karma have more chances of hitting a winning streak. Gamblers with a bad karma are doomed to lose because god of gambler has turned his back on them.
Buddhism
While Buddhism doesn’t approve of gambling, it doesn’t prohibit it either. Shakyamuni Buddha neither encourages, not forbids betting. According to another interpretation, Buddha criticized gambling games because they may lead to disastrous losses and temptations. Anyway, in Buddhism, we find no gaming-related records that would resemble the Christian god hates sin verses.
Judaism
In the times of the ancient Judaism, a gambler risked losing his place in society or some of his rights. For example, it’s a known fact that gambling fans were not allowed to witness in court.
Is Gambling Forbidden In Judaism Religion
According to the Talmud, gambling is a sin, and rabbis agree with this statement.
Casino games is considered a useless and dangerous entertainment that may lead to financial problems and affects the gambler’s personality in a bad way. Gambling is definitely not approved.
At the same time, Judaism allows to raise money for synagogues by participating in special lotteries and making contributions with the so-called scripture checks. Daydale, a popular game among the Jews, is also allowed. In general, you can say that Judaism is pretty tolerant to gambling.