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Rabbi I Have a Problem

Can I be involved in an online betting business?

An Orthodox and a Reform rabbi discuss issues in contemporary Jewish life

August 14, 2017 10:29
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Question: A friend asked whether I’d be interested in being a partner in a new online betting venture he is setting up. But I heard that it was forbidden for Jews to be involved in gambling.  So should I decline?

Rabbi Dr Naftali Brawer: Jewish law does not prohibit gambling outright but the Mishnah disqualifies gamblers from acting as kosher witnesses (Sanhedrin 3:3).

The Talmud offers two opinions for this disqualification (Sanhedrin 24b). The view of Rami bar Hama is that gambling, by its very nature, smacks of theft. Unlike other transactions where buyer and seller agree to a price, gambling by its nature involves both sides believing they will win. When one invariably loses, he pays out grudgingly. Rav Sheshet disagrees: gambling is odious not because of deception but because gamblers play no constructive or productive role in society, hence they can’t be trusted as witnesses. 

In the halachic codes there is some debate as to which of these two views is operative. The Shulchan Aruch rules in accordance with the view that gambling smacks of theft (Choshen Mishpat 370:2). However, the Rema in his glosses  asserts that we follow the latter view and that there is nothing intrinsically fraudulent about gambling, rather the problem lies with the gambling lifestyle that is unproductive (Choshen Mishpat 370:3). He adds that so long as one gambles only occasionally — and presumably spends the rest of his time in a productive occupation — he is not disqualified from serving as a witness.  

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