CCAR RESPONSA
American Reform Responsa
167. Jewish Attitude Towards Gambling
(Vol. LXXXIX, 1979, p. 115)
QUESTION: Is it permissible for a synagogue to use a lottery as a means of fund raising? What is the Jewish attitude toward gambling? (Mrs. A.S., New York)
ANSWER: It is clear that the early tradition saw professional gambling as sinful (Midrash Tehilim 26.7; Yer. San. 23d). Those who were engaged in gambling were ineligible to serve as witnesses or as judges (San. 24b); yet it was never made a criminal offense. Every effort was made to help the compulsive gambler away from his vice. Those who had taken an oath to refrain from gambling were not allowed to abrogate it, no matter how difficult the circumstances (Pachad Yitschak, vol. 5, Cherem); some, however, felt that this was too difficult and that vows to avoid gambling should not be enforced. Responsa have been written on both sides of the question (Leo Landman, “Jewish Attitudes toward Gambling,” Jewish Quarterly Review, vol. 58, pp. 302ff). A wide variety of communal ordinances have been enacted, but few proved successful (Adret Responsa II, 35; VII, 244, 270). Gamblers were even barred from synagogue honors and from being counted toward a Minyan. None of these strictures against professional gambling proved to be successful, and they are repeated century after century in the responsa literature.
Despite the views held against the professional gambler, occasional gambling was permitted, and ordinances against gambling were often lifted for Chanuka, Purim, and the intermediary days of Passover and Sukkot, as well as Rosh Chodesh (Leo Landman, op. cit., p. 42). Chanuka was, in fact, known as the New Year of the gamblers (I. Rivkind, Der Kampf Kegen Azart Schpielen bei Yiden, pp. 29ff). Elsewhere it was suggested that card playing even be permitted on fast days so that the individual would not feel excessively hungry (Finkelstein, Jewish Self-Government in the Middle Ages, pp. 284, 291). Although rabbinic authorities frowned upon the playing of cards and gambling within a Sukka, they realized that some people would not sit in a Sukka unless they were permitted such entertainment, so they allowed it as well (Leo Landman, op. cit., pp. 46ff). It is clear from all of this that gambling was permitted with some reluctance by the Rabbis. Yet a few rabbis also participated in various forms of gambling. Leo Landman’s monograph in the Jewish Quarterly Review, his article in Tradition, and Rivkind’s Yiddish book have discussed gambling in great detail, and shown the ebb and flow of the changing attitudes throughout the century.
Lotteries have also been discussed, and Jews seem to have been heavily involved in them in the 18th and l9th centuries, so major winnings were reported with approval in the responsa. One rabbi ruled that he who wins a lottery should recite the blessing “Shehecheyanu,” as well as the blessing “Hatov vehameitiv,” if he had won with a partner (B.D. Levin, Shemen Sason, p. 27). Landman also reported an incident in Bresova, Hungary, in which the congregation each year purchased lottery slips with excess funds from their budget. They inquired then whether the winnings would go back to the general treasury or be divided equally among the members of the Kahal (Landman, “Gambling in the Synagogue,” Tradition, vol. 10, pp. 81ff). Sacerdote permitted lottery tickets to be sold in order to save a valuable Sefer Torah for a synagogue (Zera Emet, vol. 3, #144). There are also reports of rabbis winning considerable sums (I. Rivkind, op. cit.,pp. 285ff). It is clear from all of these statements that a lottery was considered as legitimate entertainment, unlikely to lead to compulsive gambling, and, therefore, it should not be generally prohibited.
We must also ask whether our tradition was concerned with the source of funds used for religious purposes. Gifts of prostitutes and criminals were rejected in Deuteronomy: “You shall not bring the hire of a harlot or the price of a dog to the House of the Lord, your God, for any vow” (Deut. 23:19). The discussion in the Talmud (Bava Kama 65b; Temura 29a) makes it clear that the prohibition was restricted to harlotry and idolatry or to the bringing of the actual object used in payment. If that object had been changed to money or into another object, it became acceptable. This was the view of Maimonides (Yad, Hil. Isurei Mizbeach IV.14). This law was subsequently applied to the synagogue (Shulchan Aruch, Orach Chayim 153.21); Rabbenu Yeruham (14th century, Toledot Adam VeChava–Chava, 23.1) and Isserles expressed concern over such funds being used for a Torah or for synagogue lights. In other words, funds from a tainted source may be used to support a synagogue, and it is incumbent upon all Jews to do whatever they can to maintain the synagogue. It would be wrong to deny this right even to criminals, gamblers, etc., though they should receive no recognition for their help (Isserles to Shulchan Aruch, Yoreh De-a 249.13).
We may conclude that Jewish tradition has found it impossible to prohibit gambling and has many concessions in this regard; it would, however, not favor lotteries or any other form of gambling as a regular means of raising funds for the synagogue. 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. We would, therefore, urge synagogues to refrain from using gambling as a way of raising funds on a regular basis.
Walter Jacob, Chairman
Leonard S. Kravitz
Eugene J. Lipman
W. Gunther Plaut
Harry A. Roth
Rav A. Soloff
Bernard Zlotowitz
See also:
“Resolution,” CCAR Yearbook, vol. 89, 1979.
S.B. Freehof, “Gambling for the Benefit of the Synagogue ” Current Reform Responsa, pp. 56ff; “Occasional Gambling and State Lotteries,” Reform Responsa For Our Time,pp. 229ff;
“Resolutions,” Union of American Hebrew Congregations, 1957 and 1959.
If needed, please consult Abbreviations used in CCAR Responsa.