The House Always Wins- Gambling in Halacha

MISHNA: And these on the following list are the ones who are disqualified by the Sages from bearing witness: One who plays with dice [bekubbiyya] …Rabbi Yehuda said: When are the people listed above disqualified from bearing witness? It is when they have no occupation but this one. But if they have an occupation other than this one, they are fit to bear witness.

GEMARA: With regard to one who plays with dice for money, what is he doing that disqualifies him?

• Rami bar Ḥama says: He is disqualified because gambling is an asmakhta and as an asmakhta does not effect acquisition.
• Rav Sheshet says: Any case like this is not an asmakhta. Rather, those who play dice are disqualified because they are not involved in settling the world,

The Gemara asks: What is the practical difference between the explanations of Rami bar Ḥama and Rav Sheshet? The Gemara answers: The practical difference between them is in a case where the dice player learns another occupation, and we learned in the mishna that Rabbi Yehuda said: When are they disqualified from bearing witness? It is when they have no occupation but this one. But if they have an occupation other than this one they are fit to bear witness. Apparently, the reason that the mishna disqualifies these individuals from bearing witness is that they are not involved in settling the world. This poses a difficulty to the opinion of Rami bar Ḥama. And if you would say this is not difficult, as the Rabbis disagree with Rabbi Yehuda…

26b

Rabbi Abbahu says that Rabbi Elazar says: The halakha is in accordance with the opinion of Rabbi Yehuda.

The Mishna teaches the following: A person may draw lots with his children and his family members at the table, and he may even do so with a large portion against a small portion. What is the reason for this? It is in accordance with the ruling that Rav Yehuda said that Rav said. Although with one’s children and family members, yes, this is permitted, with others it is not. What is the reason for this? It is in accordance with the ruling that Rav Yehuda said that Shmuel said: Raffling a large portion against a small portion is prohibited to do for other people, even on a weekday. What is the reason? Due to the prohibition against gambling with dice.

There are other wicked persons who are not acceptable as witnesses…any violate of theft as defined on a Rabbinic level is disqualified Rabbinically…
Similarly, dice-players are disqualified if this is their only occupation. Since such a person does not involve himself in ordinary business pursuits, it can be assumed that his livelihood is dependent on his gambling, which is forbidden as "the shade of robbery." The above applies not only to dice-players, but also to all those who gamble with the shells of nuts or the shells of pomegranates. Similarly, our Sages did not disqualify only those who train doves, but also those who gamble with other animals, beasts, and fowl, saying the owner of the one that will outrace the other or vanquish the other will acquire the stakes put up by both. Similarly, other analogous types of gamblers are disqualified, provided they do not derive their livelihood from a source other than gambling. All of the above are disqualified according to Rabbinic decree.

(7) Our Sages forbade many acts, classifying them as robbery - e.g., one who sets doves into flight or plays dice. If a person transgresses these prohibitions, he is considered a robber by Rabbinic decree.

(10) What is meant by dice players? People who play with pieces of wood, pebbles, bones or the like and establish a condition that whoever will better a colleague in this sport is entitled to take a certain amount of money from him. This is robbery according to Rabbinic decree. Although the person himself consents to the other person's taking his money, since he is taking it for nothing, as part of the frivolous sport, it is considered to be robbery.
Similarly, those who gamble with regard to domesticated animals, beasts or fowl, making a condition that whosoever's animal will vanquish or outrace the other one's is entitled to take a certain amount of money from him - this and all forms of gambling are forbidden and considered to be robbery by Rabbinic decree.

(11) When a person plays dice with gentiles, he does not violate the prohibition against robbery. He does, however, violate the prohibition against occupying oneself with empty matters. It is not fitting for a person to spend any of his days occupied in anything other than words of wisdom or pursuits that lead to a stable world.