Jewish Law
The Halachic Truth About Gambling: What Judaism Says About Lotteries and Betting
Why gamblers are disqualified as witnesses, and when charity raffles are permitted
- Dudu Cohen
- |Updated
Anyone who enters the world of Torah knows that Jewish law has something to say about almost every aspect of life — even details that seem small, including thoughts, intentions, and where we cast our eyes. Some people find this overwhelming, while others feel it brings order, clarity, and meaningful guidance.
One of those “small details” is participation in gambling or betting. Although it may appear to be a private and minor issue, the classic halachic sources have dealt with it extensively.
Why the Talmud Calls Gamblers Invalid Witnesses
Rabbi Gad Lior explains: “The source of the discussion is in Sanhedrin. The Mishnah lists people disqualified from serving as witnesses — one of them is mesachek b’kubya, a dice-player, meaning a gambler. The Talmud asks: Why is a gambler invalid as a witness? The answer involves an important halachic concept known as asmachta.”
Asmachta means that when someone enters a bet, they never fully intend to part with their money. The gambler always assumes he will win. Therefore, if he ultimately loses, the payment he makes was never given with full consent. The Sages call this ‘a whiff of theft’ (avak gezel).
Rabbi Lior provides an example: If a contractor tells a client: “If I don’t finish the building by the first of Tishrei, I’ll owe you $500 per month,” that makes sense.
But if he says, “If I don’t finish by then, I’ll owe you one million dollars per month,” this is clearly unrealistic. He never truly intended to obligate himself — it’s only meant to persuade. This is asmachta, and it does not create a valid legal obligation.
The Gemara says the same applies to gambling: Each player assumes he will win, and therefore when he loses, the money he pays is not given wholeheartedly, and is therefore considered a form of theft.
Different Types of Gambling — Different Halachic Outcomes
Rabbi Lior notes that halacha evaluates different betting formats differently:
If the game is pure chance, run by a large system, and the gambler knows he is likely to lose — there is less concern of theft.
If two individuals bet against each other, the asmachta problem is stronger because neither truly intends to lose.
Ashkenazi vs. Sephardi Rulings: The Big Split
Today, halacha diverges based on tradition:
Ashkenazi Ruling (Rema)
Buying lottery tickets is permitted.
Sephardi Ruling (Shulchan Aruch & Rav Ovadia Yosef)
Playing the lottery is prohibited due to the asmachta issue and the misleading nature of the system.
Rabbi Lior explains: “Because the chance of winning is so small, the person is misled. People buy tickets under emotional manipulation rather than clear decision-making, and this makes the transaction halachically invalid.”
If a Sephardi nevertheless wins, what then?
“If you’re Ashkenazi — enjoy and use it for good. If you’re Sephardi, you should consult your local halachic authority. Some rule that bediavad (after the fact) the money is not fully forbidden.”
Professional Gamblers: A Serious Halachic Problem
The Talmud states that someone whose main occupation is gambling is invalid as a witness. Why?
He loses appreciation for the true value of money.
His lifestyle shows he does not contribute to productive society (eino osek beyishuvo shel olam).
Such a person is not trusted in monetary or capital cases.
Sports Betting vs. Lottery?
Rabbi Menashe Ben-Porat explains the Sephardi perspective:
Sports Betting is completely forbidden, because proceeds support soccer matches — many of which are held on Shabbat.
Lottery is permitted by some rabbis, although Rav Ovadia Yosef forbids it due to asmachta and the element of deception.
He notes the two Talmudic reasons gamblers are invalid as witnesses:
They do not contribute to society (not engaged in productive work).
Theft through asmachta — the more serious reason.
Rav Ovadia rules based on the second reason, that it is a rabbinic form of theft.
Even for rabbis who permit gambling, there is still strong caution:
A person must not become addicted or waste large sums, which can destroy their family financially.
Why Charity Raffles Are Permitted
In the Haredi world, tzedakah organizations frequently run raffles. Why is that allowed if lottery is not?
“Because in charity raffles, the donor gives the money wholeheartedly. Even if he doesn’t win, he knows the money is going to a mitzvah. Therefore, there is no issue of asmachta or theft.”
