Tag Archives: Bava Batra

The Jewish View on Cards and Gambling

In this week’s parasha, Matot-Massei, we read how the Israelites were supposed to divide up the Holy Land between the Twelve Tribes:

And you shall inherit the land by lot according to your families; to the more [numerous] you shall give the more inheritance, and to the fewer you shall give the lesser inheritance; wherever the lot falls to any man, that shall be his…

We learn that the land of Israel was apportioned based on family size, with larger families logically receiving a larger share. Now, to determine which chunk of land a family would receive, the Israelites cast lots. The Talmud (Bava Batra 122a) describes how this was done: two urns were prepared, one containing the names of the Twelve Tribes, and the other containing the names of the various allotments of land. Elazar the High Priest would pick one name from each urn, thus designating a piece of land for a particular tribe.

Casting lots was very common in Biblical times, and is mentioned frequently in the Tanakh. For example, the Torah commands casting lots to determine which goat is sent to Azazel on Yom Kippur (Leviticus 16:8). In the Book of Jonah (1:7), the sailors on Jonah’s ship cast lots to determine who was guilty of causing the storm. In the time of King David, the kohanim were thus divided into 24 groups (I Chronicles 24). Haman cast lots to determine the best day to attack the Jews, and this is why the holiday is called “Purim”, since purim was the Persian word for “lots” (Esther 3:7).

Casting lots suggests a large degree of chance or randomness in the process. Yet, people of faith are naturally quite averse to the concept of random chance, for isn’t everything determined by God? Not surprisingly, the word “lot” (goral) also takes on the meaning of “fate” in the Tanakh. For instance, Isaiah (17:14) prophesies: “At evening there will be terror, and before morning they are not. This is the portion of them that spoil us, and the goral of them that rob us.” The ultimate fate of those that harm the Jewish people will be utter destruction. The Sages, too, were uncomfortable with the idea of dividing the Holy Land by seemingly random lots. They therefore stated (ibid.) that the lots were really just a show for the people to see what God intended. In reality:

Elazar was wearing the Urim and Tumim, while Joshua and all Israel stood before him… Animated by the Holy Spirit, he gave directions, exclaiming: “Zevulun” is coming up and the boundary lines of Acco are coming up with it. [Thereupon], he shook well the urn of the tribes and Zevulun came up in his hand. [Likewise] he shook well the urn of the boundaries and the boundary lines of Acco came up in his hand…

Elazar would prophetically see which tribe needed which land, and when he then shook the urns those exact pairs that he foresaw would emerge! So, the process was not random at all, but simply a materialization of the Divine Will. Still, the Sages insist that in the messianic era the Holy Land will not be apportioned through this method of casting lots, but rather “The Holy One, blessed be He, Himself, will divide it among them; for it is said [Ezekiel 48:29], ‘And these are their portions, says the Lord God.’”

If the Sages were not fond of casting random lots by chance, how would they feel about playing games of chance and gambling?

Gambling in the Talmud

In 1999 and 2000, the Muslim Waqf (Temple Mount authority) dug up 9000 tons of Temple Mount soil and unceremoniously dumped it in the Kidron Valley, creating one of the largest archaeological catastrophes in history. Thankfully, archaeologists did not give up on this precious soil, and began the “Temple Mount Sifting Project”. Among the many incredible finds are these Second Temple-era playing dice.

In a list of people that are ineligible to serve as witnesses or as judges, the Mishnah includes a mesachek b’kubia, a person who plays with dice, and mafrichei yonim, “pigeon flyers”. According to the Talmud, the latter most likely refers to people who bet on pigeon races, which were apparently common in those days. We know from historical sources that gambling with various dice games was very popular in Greek and Roman times. The Talmud (Sanhedrin 24b) goes on to discuss what the problem with such people is.

Rami bar Hama teaches that the issue with gambling is that it is essentially built on a lie: each player agrees to pay a certain sum of money if they lose, yet they hope (and fully intend) not to lose at all! That means the initial agreement made by the players is not even valid. The losing gambler is entirely dejected, and gives up their money reluctantly, often with a nagging feeling of being robbed or cheated out of their money.

Rav Sheshet disagrees. After all, there may be some people who are not so sad to part with their money, or are simply addicted to the game itself. Whatever the case, Rav Sheshet holds that gambling is inappropriate because it is a terribly unproductive waste of time, and the gambler contributes nothing to “the welfare of the world”. This is why, Rav Sheshet says, the Mishnah above concludes by saying that only a full-time gambler is prohibited, but one who has an actual job and just plays for fun on the side is permitted.

Nonetheless, Rav Yehudah holds that regardless of whether the gambler has an occupation or not, or whether he is a full-time player or not, a gambler is disqualified from being a kosher witness or judge. Rav Yehudah bases his statement on a related teaching of Rabbi Tarfon, and on this Rashi comments that a gambler is likened to a thief. The Midrash is even more vocal, saying that gamblers “calculate with their left hand, and press with their right, and rob and wrong one another” (Midrash Tehillim on Psalm 26:10).

The Talmud (Sanhedrin 25b) goes on to state that the prohibitions above don’t only refer to a literal dice-player, but any kind of gambler, including one who plays with pebbles (or checkers), and even with nuts. The Sages state that such a person is only readmitted when they do a complete repentance, and refuse to play the game even just for fun without any money!

Halachically-speaking, the Shulchan Arukh (Choshen Mishpat 370:2-3) first states that any kind of gambling is like theft and is forbidden, but then suggests that while it may not exactly be theft it is certainly a waste of time and not something anyone should engage in.

A Ban on Gambling

While the Talmud does not explicitly forbid gambling, later rabbis recognized its addictive nature and sought to ban the practice entirely. In 1628, for example, the rabbis of Venice issued a decree (to last six years) excommunicating any Jew who gambled. Part of the motivation for this decree was the case of Leon da Modena (Rabbi Yehudah Aryeh of Modena, 1571-1648).

Rabbi Leon Yehudah Aryeh da Modena

Born in Venice to a family of Sephardic exiles, da Modena went on to become a respected rabbi and the hazzan of Venice’s main synagogue for forty years. A noted scholar, he wrote about a dozen important treatises. In Magen v’Herev, he systematically tore down the major tenets of Christianity, while in Ari Nohem he sought to discredit Kabbalah and prove that the Zohar has no ancient or divine origin. (The latter is probably why he isn’t as well-known in Jewish circles today as he should be.)

In 1637, he published Historia de’riti hebraici, an overview of Judaism for the European world, meant to dispel myths about Judaism and quell anti-Semitism. Historians credit this with being the first Jewish text written for the non-Jewish world in over a millennium, since the time of Josephus. The book was incredibly popular, and played a key role in England’s readmitting Jews to the country in the 1650s (after having being expelled in 1290).

More pertinent to the present discussion, Rabbi da Modena wrote Sur miRa (“Desist from Evil”), outlining the problems with gambling. He would know, since he was horribly addicted to gambling himself. He wrote of this problem in his own autobiography, Chayei Yehudah. And because such a high-profile sage was a gambler, his rabbinic colleagues in Venice issued that decree to ban any form of gambling.

Rabbi da Modena’s game of choice was cards. At that point in time, playing cards had become wildly popular in Europe. First invented in China in the 9th century, playing cards slowly made their way across Asia, and reached Europe around 1365. They have remained popular ever since, both for gambling and non-gambling games. While it is clear from an halachic standpoint that card games involving money (like Poker or Blackjack) should not be played, is it permissible to play non-gambling card games (like Crazy Eights or Go Fish)?

At first glance, it may not seem like there should be a problem with this. Yet, some rabbis have recently spoken out against all playing cards. Usually, this prohibition is connected not to gambling or wasting time, but rather to cards’ apparent origins in idolatry or the dark arts. Although it is true that some types of cards are used in divination and fortune-telling, it is important to examine the matter in depth and determine whether cards really are associated with forbidden practices.

The History of Playing Cards

Mamluk Cards

The exact origins of cards are unclear. We do know that they come from China, where paper and printing were invented. Card games are attested to in Chinese texts as early as 868 CE. In the 12th and 13th centuries, the Muslims brought cards across Asia. They were particularly popular in Egypt during the Mamluk Sultanate (1250-1517). The Mamluks created the first modern-style deck of 52 cards with 4 suits. The suits were sticks, coins, swords, and cups. In the 15th century, Italians started to make cards of their own, with the suits being leaves, hearts, bells, and acorns. The French had three-leaf clovers for leaves, square tiles (or diamonds) for bells, and pikes for acorns. Although these suit symbols remained, the English names reflect the earlier suits of sticks (“clubs”) and swords (“spades”).

The Muslim Mamluks did not draw any faces on their court cards (since depicting faces in art is forbidden in Islam). The Europeans did not have this issue, and adapted the Muslim court cards of malik (king), malik na’ib (deputy king), and thani na’ib (second deputy) to king, queen, and prince or knight (“jack”). In 16th century France, the four kings were depicted as particular historical figures: the King of Spades was King David, the King of Clubs was Alexander the Great, the King of Hearts was Charlemagne, and the King of Diamonds was Julius (or Augustus) Caesar.

We see that playing cards have no origins in idolatry. The style of cards we know today were developed by staunchly monotheistic Muslims. They were further developed by mostly non-religious European renaissance printers, against the wishes of the Church which sought to ban cards on a number of occasions. Neither are playing cards known for being used in fortune-telling. However, a related type of card is used in divination today.

Tarot Cards and Kabbalah

In 15th century Italy, a different type of playing card developed. These were called trionfi, later tarocchi, and finally “tarot cards”. They, too, have four suits, but with 56 cards. These were, and still are, used for a number of different games, just like regular playing cards are. Outside of Europe, tarot cards are not well-known, and are generally associated with fortune-tellers.

In reality, the earliest mention of tarot cards being used in divination is only from 1750, and it was essentially unheard of until the late 19th century. Besides, most diviners actually use a different deck of 78 cards. Of course, such divination is entirely forbidden according to the Torah. So, it seems like some well-meaning rabbis have confused these tarot cards with regular playing cards. Ironically, many occultists actually claim that tarot cards come from Kabbalah!

The Tarot “Tree of Life” (Credit: Byzant.com)

These occultists tie the 22 additional divination cards to the 22 letters of the Hebrew alphabet and the 22 paths on the mystical “Tree of Life”. The ten numeral cards (naturally) correspond to the Ten Sefirot, while the four suits correspond to the four olamot, or universes. Finally, the four court cards and the ace represent the five partzufim (with the king and queen appropriately being Aba and Ima). While these parallels are neat, there is absolutely no known historical or textual basis to support these claims. Tarot cards have nothing to do with traditional Kabbalah or Jewish mysticism. (There is a concept in Kabbalah of a negative set of Ten Sefirot belonging to the Sitra Achra, so perhaps there is some connection between these tarot cards and certain evil spiritual forces.)

Having said all that, to forbid playing with cards (or even standard tarot cards) just because some people recently started using them in divination is like forbidding drinking coffee because some people recently started divining with coffee (a practice called “tassology” or “tasseography”). While playing cards copiously is certainly a waste of time, there is nothing wrong with the occasional—no gambling—game.

Ba’al HaTurim

It is fitting to end with the words of the Ba’al HaTurim (Rabbi Yakov ben Asher, c. 1269-1343) who writes in his commentary on the Torah (Tur HaAroch on Deuteronomy 1:1) that Moses himself cautioned Israel about gambling in his final speech before passing away:

Before Moses got ready to relate all these various commandments, he used the present opportunity, a few weeks before his death, to admonish the people, and to remind them of past sins, and how they had caused Hashem a lot of grief during these years. He reminded them how God had treated them by invoking His attribute of mercy and loving kindness time and again. He warned them not to become corrupt again by gambling… They should not rely on the fact that because they were human they were bound to err and sin from time to time and that God, knowing this, would overlook their trespasses.


The above is adapted from Garments of Light, Volume Two. Get the book here

Should Jews Believe in Astrology?

This week’s parasha, the second last of the Torah, is Ha’azinu. This parasha is unique in that it consists almost entirely of one lengthy song – clearly visible when looking at a Torah scroll, where the text of Ha’azinu is split into two narrow columns. Moses sang this prophetic song to the nation right before his passing.

Two columns of parashat Ha'azinu

Two columns of parashat Ha’azinu

In the verses that introduce it (Deut. 31:19), we see God commanding Moses to write the song and “teach it to the Children of Israel. Place it in their mouths so that this song will be for Me a witness for the Children of Israel.” God wanted Moses to diligently teach this song to the entire nation. In fact, the actual wording of the verse has God commanding everyone – each member of the nation – to write the song for themselves. It is based on this verse that the Sages drew the mitzvah of writing a Torah scroll (or participating in writing one), even though the plain text of the verse states only to write this particular song, Ha’azinu.

Perhaps because of this, the Ramban taught that Ha’azinu contains the entire Torah within it. Moreover, he believed that every detail of every person’s life is somehow encoded within this song! In one famous story, when a student of the Ramban, a man named Avner, heard this teaching, he was so baffled by it that he left Judaism entirely, converted to another religion, and became a prominent anti-Semite. When Avner later confronted the Ramban, the Rabbi showed him how one verse in the song did indeed accurately point to this man’s life. Avner was so ashamed that he disappeared, never to be heard from again.

Heavenly Princes

And so, each and every one of the song’s 43 verses has a great deal to teach us. The eighth verse begins by telling us that God gave each nation their lot, and the ninth verse says that “Hashem’s portion is His people, the lot of His inheritance.” The Zohar comments on these words that while God established Heavenly “princes” to watch over every nation in the world, Israel is watched over by God Himself. The Ramban (in his Discourse on Rosh Hashanah) elaborates:

He gave each and every nation… some known star or constellation, as is known by means of the science of astrology… Higher above [the constellations] are the angels of the Supreme One, whom He appointed as “princes” over them… It is further written, “So shall you be My people, and I will be your God, and you will not be subject to other powers at all.” (Jeremiah 11:4)

When we often say that Hashem is our God (as we do in the daily Shema), or when the Tanakh writes that we are God’s people, this does not mean that gentiles cannot have a relationship with God, or that there are other gods out there for the non-Jewish world. Rather, it means that while God oversees absolutely everything in His universe, and has created all people, He has also appointed various Heavenly (or astrological) forces above each nation – except Israel. These forces are not independent in their own right, as they are subject to the angels above them, and these angels ultimately serve God. As such, the nations of the world have various Heavenly intermediaries between themselves and Hashem. Israel, however, has a direct connection to Him. In fact, this is the hidden meaning within the name “Israel” (ישראל), which can be read as yashar El. (ישר-אל), “straight to God”.

Ain Mazal L’Israel

Long before the Ramban, the Sages of the Talmud debated whether the constellations had an effect on people (Shabbat 156a). The consensus of the Rabbis was that constellations do impact people, but Jews are free from this influence. They learn this from the prophet Jeremiah, who prophesied: “Thus said Hashem: Learn not the way of the nations, and be not dismayed at the signs of heaven, for the nations are dismayed at them.” (10:2) God tells Israel not to draw meaning from heavenly signs as the other nations do. The Talmud goes on to tell us a story about Abraham, who cried out to God: “Master of the Universe! I have looked at the constellations and find that I am not fated to have children.” To this, God replied: “Stop your star-gazing! Israel has no constellations.”

Hebrew Zodiac from a 6th Century Synagogue

Hebrew Zodiac from a 6th-Century Synagogue

Elsewhere, the Talmud tells us that Abraham was once a powerful astrologer, and great men from around the world came to consult with him about their fortunes (Bava Batra 16b). When Abraham looked into his own fate, he saw that he would not have children. God commanded him to desist from astrology, for the Jewish people have the power to transcend the stars. Of course, Abraham went on to have many children.

Later on, Moses would record in the Torah the prohibition for Jews to consult various fortune-tellers and astrologers. The Rambam codifies the law in this way:

It is forbidden to tell fortunes. [This applies] even though one does not perform a deed, but merely relates the falsehoods which the fools consider to be words of truth and wisdom. Anyone who performs a deed because of an astrological calculation or arranges his work or his journeys to fit a time that was suggested by the astrologers is [liable for] lashes, as [Leviticus 19:26] states: “Do not tell fortunes.”
(Sefer HaMadda, Hilchot Avodah Zarah, Chapter 11, Halacha 9)

Transcending Nature

We see from the above that various Heavenly forces, angels, and constellations do exist, and certainly do influence the world. Astrological signs can be potent forces. Ironically, earlier in his discourse, the Ramban points out how astrology is intricately tied into the Jewish calendar: it is no coincidence that Pesach is celebrated in the month of Nisan, the sign of which is Aries (the ram, or sheep), since the main mitzvah of Pesach was to sacrifice a lamb; and it is no coincidence that Rosh Hashanah – judgement day, when each person is put on trial – is in the month of Tishrei, the sign of which is Libra, the scales of justice. The Midrash (Yalkut Shimoni, Shemot 418) even tells us how each of the 12 Tribes of Israel corresponds to one of the 12 astrological signs of the zodiac!

And yet, all the sources are clear: Jews are not to dabble in astrology, for we have no need for intermediaries, and we have all the power to break free from the influence of the constellations. It is precisely when we believe in astrology that it becomes real, just as Abraham had no children as long as he believed in the heavenly signs that he saw. Every Jew must realize that we are Israel, yashar El, and that Hashem alone is our astrological sign. There is no need to believe in what the Rambam calls “emptiness and vanity”. The Rambam ends his laws on this subject by telling us to live up to the Torah’s call (Deut. 18:13) to be of “perfect faith with Hashem, your God.” When one has perfect faith in the Master of the Universe, anything is possible, and this is how God finished his rebuke to Abraham:

“Stop your star-gazing! Ain mazal l’Israel. What is your calculation? Is it because Jupiter stands in the West? Then I will turn it back and place it in the East!”


The article above is an excerpt from Garments of Light: 70 Illuminating Essays on the Weekly Torah Portion and Holidays. Click here to get the book! 

The Problem With Kapparot

In the early morning hours before Yom Kippur, many Jews will seek to perform the custom of kapparot, which involves taking a live rooster (or chicken), swinging it over one’s head, and then having it slaughtered. In the process, the person states how the rooster will be their “atonement”, and while the rooster will die, the person will go on to live a good life. The rooster’s meat is typically donated. Others swing money over their heads instead of a rooster, and then donate the money to charity. Of course, this strange-sounding custom is not mentioned anywhere in the Torah or Talmud. In fact, throughout history many Jewish Sages tried hard to extinguish this custom, for a number of important reasons.

19th Century Lithograph of Kapparot

19th Century Lithograph of Kapparot

First of all, kapparot sounds much too similar to a korban, a sacrificial offering. In the days of the Temple, the kohanim sacrificed animals in order to atone for the people. The kapparot ritual explicitly states that the rooster serves as atonement, and the rooster is then killed. Despite some people’s claims that kapparot is not a true sacrifice, it clearly mimics the Temple’s sacrificial procedures, and intends to accomplish the same goal. The Mishnah Berurah (605:2) openly admits this, saying that kapparot is basically like a sacrifice. Indeed, an outsider would hardly be able to tell the difference. The problem is that the Torah forbids bringing sacrifices anywhere other than the place that God specifically designates (Deut. 12:5-6), which was the Temple Mount in Jerusalem. The Torah also commands that only kohanim are allowed to oversee sacrificial procedures. From this perspective alone, kapparot is contrary to the Torah.

Thirteen Years of Pain

Secondly, kapparot fits squarely under the category of unnecessary cruelty to animals. Commenting on the verse in Psalms (145:9) which states that God has mercy and compassion upon all of His creations, Rav Shimshon Raphael Hirsch wrote:

Here you are faced with God’s teaching which obliges you not only to refrain from inflicting unnecessary pain on any animal, but to help and, when you can, to lessen the pain whenever you see an animal suffering, even through no fault of yours.
(Horeb, Chapter 60, Section 416)

The Jewish Sages have always been concerned about animal welfare. The Talmud considers it a Torah mitzvah to treat animals with respect and prevent any harm to them (Bava Metzia 32b), so much so that one is allowed to violate various Shabbat prohibitions to help a suffering animal (Shabbat 128b). Let us not forget the story of Rabbi Yehuda HaNasi, who suffered excruciating pains for thirteen years. Why was he afflicted with such pain?

A calf was being taken to the slaughter when it broke away, hid its head under [Rabbi Yehuda’s] clothes, and lowed [in terror]. “Go”, he said, “for this you were created.” Thereupon it was said [in Heaven], “Since he has no pity, let us bring suffering upon him.”
(Bava Metzia 85a)

The great Rabbi Yehuda – the compiler of the Mishnah – made one uncompassionate remark to a fearful calf that was about to be slaughtered. For this, Heaven rained upon him tremendous pain – six years of kidney stones, and seven of scurvy, so unbearable that his cries could be heard over three miles away. When did his suffering end?

One day [Rabbi Yehuda’s] maidservant was sweeping the house; [seeing] some young weasels lying there, she made to sweep them away. “Let them be,” he said to her; “It is written, ‘And his tender mercies are over all his works.’” It was said [in Heaven], “Since he is compassionate, let us be compassionate to him.”

Rabbi Yehuda quotes the same verse (Psalms 145:9) that Rav Hirsch expounded upon, and has mercy on the young animals in his home. For this, his suffering is finally taken away. If even one little remark to an animal is worth thirteen years of suffering, how much more so if an animal is swung around wildly, then slaughtered needlessly – which is precisely what happens with kapparot. (It has also been pointed out that chickens used in kapparot are usually starving and thirsty, and often have their limbs dislocated or bones broken during the procedure.)

Idolatrous Practices

Lastly, kapparot appears to be connected with various idolatrous practices and non-Jewish customs. The Ramban, among others, considered it darkei emori, the way of idolaters. The Shulchan Arukh, the central halachic text of Judaism, is also staunchly opposed to kapparot, and its author, Rabbi Yosef Karo, called it a “foolish custom”.

Many modern-day authorities, too, from across the Torah-observant world, have been vocally against kapparot. Rabbi Joseph B. Soloveitchik and the entire Brisker rabbinic lineage before him opposed the custom, considering it irrational. The rabbi of Beit El and rosh yeshiva of Ateret Yerushalaim, Shlomo Chaim Aviner, a prominent authority within the Dati Leumi community, has described it as a “superstition”. And the former Sephardic Chief Rabbi of Tel Aviv, Chaim David HaLevy, beautifully wrote in his Aseh Lekha Rav:

Why should we, specifically on the eve of the holy day of Yom Kippur, be cruel to animals for no reason, and slaughter them without mercy, just as we are about to request compassion for ourselves from the living God?

Kapparot with Money

While it is clearly evident that one should completely avoid kapparot with chickens, some might argue that it is still worth doing kapparot with money. The problem is that the procedure and text are still the same: waving coins or bills over one’s head, stating that the money serves as an atonement, and that donating it will save one’s life.

The truth is that there is no need to do this at all, since any giving to charity automatically fulfils a mitzvah, assists in one’s repentance and atonement, and is said to be life-saving. The Talmud famously tells us (Bava Batra 10a) that charity is the greatest of all forces, and quotes the verse in Proverbs that “charity saves from death” (10:2).

Thus, any charitable contribution, at any time of the year, already does what kapparot claims to do. And so, awkwardly waving money around one’s head and reciting the kapparot verses is nothing more than a funny-looking waste of time, associated with a cruel, idolatrous, nonsensical, and nonJewish custom.

In his list of the 613 Torah mitzvot, the Rambam (who was also opposed to kapparot) lists the 185th positive commandment of the Torah as eradicating any traces of idolatry from Israel. Since many great Sages held the view that kapparot is associated with idolatrous ways, including the Ramban, Rashba, and the authoritative Shulchan Arukh, it is undoubtedly a mitzvah to not only avoid kapparot, but to encourage others to abandon this practice, and to expunge it from Judaism.


The article above is adapted from Garments of Light – 70 Illuminating Essays on the Weekly Torah Portion and Holidays. Click here to get the book!