The obvious difference between the two opinions is whether it is permitted to be engaged in a casual game of Dreidel. According to the logic that the winner has committed an act of theft, it might be prohibited even on a one-time basis. If however, the prohibition is merely to make a livelihood in this manner, than playing Dreidel, buying a lottery ticket, or participating in a Chinese auction would be permitted.

SEFARDIM VS. ASHKENAZIM

As a matter of Halacha, the Rosh, the Remah, and other early Ashkenazi Poskim rule leniently like Rami Bar Chama. However, the Rambam, and other Sefardic Poskim seem to rule like Rav Sheshes. Their words are codified in the Mechaber[2].

Although there is a debate as to what wasthe exact position of the Rambam, Rav Ovadia Yosef Shlit”a[3], after discussing at length the entire issue arrives at the following conclusion:

“The Halachic conclusion is that Sefardim and those who are from the Edut HaMizrach are prohibited to purchase lottery tickets[4] (and most certainly “Sport tickets” which are played on Shabbos and create a public display of Chilul Shabbos which would render the purchaser a “Misaye’a Yidei Oivrei Aveira”) one might even prohibit Ashkenazim to be engaged in such activity. And he who heads our voice will dwell in security”.

Interestingly enough, the Mishna Berura[5] in Hilchos Shabbos also rules that it is prohibited to be Mesachek B’kubia[6].

Although the extreme complexity of this Sugya is far beyond the scope of this article, we will use the above words as a base to suggest other reasons, opinions, activities, and scenarios with which these Yom Tov Minhagim and favorite pastimes might be sanctioned.

“CHINESE AUCTIONS” THROUGH THE AGES

The concept of a Chinese Auction is not one that is new to Klal Yisroel. The Poskim look to sanction the concept of an auction, based on a number of Teshuvos which discuss different angles of auctions and fail to mention the issue of Asmachta.

Chavas Yair[7] relates the following story:

“Amongst my Chaburah of Talmidim- those that heed my voice- on the day of Purim, “Kitov Libam Bayayin” they drew a Goral for a large goblet,….”

 He continues to relate how the boys had created an auction which, like many auctions, ended up with technical uncertainties. Each of the participants advanced money in order to participate. Then two pots were brought forward. In one pot they were to place twelve pieces of paper, each one with the name of one of the participants. In the second pot twelve additional pieces of paper were to be placed. On one such paper,the words “Mazel Tov”,wasto be written. They then asked a child to choose one ticket from each pot and the ticket that was chosen together with the “Mazel Tov” ticket would be the winning ticket.

He then relates how the winning ticket was chosen right away. Upon inspection they noticed, that there were two discrepancies with the lottery. Firstly, only eleven tickets were actually placed in the pot. Secondly, the words “Mazel Tov” was written on two tickets instead of one.

The Chavas Yair discusses how a Gorel is pre-destined from above, and he therefore rules that if there is any discrepancy with the function of the Gorel, it must be redone! The Poskim point out however, that the Chavas Yair does not even mention the issue of Asmachta. This would imply that for some reason he felt that it was permitted in this case.

Similarly, Rav Yisroel Meir Mizrachi in his Shu”t Pri Ha’aretz[8] was asked about an auction which involved a very interesting prize. The prize being offered was nothing less than an actual Sefer Torah. Rav Mizrachi z”l relates the following story:

There was a Sofer who was having a difficult time selling a Sefer Torah. He devised the following plan. He would sell many lottery tickets for the Sefer Torah and he would auction it off. The winner would receive the Sefer Torah for a small fraction of its true value and the Sofer would be fully compensated for his hard work.

Many Poskim suggest different approaches as to why the issue of Asmachta may not apply to an auction and therefore maybe permitted according to all Minhagim.

DIFFERENCE BETWEEN AUCTIONS AND DREIDELACH

Rav Yosef Chaim M’Bagdad in his sefer Rav Pa’alim[9] suggests that an auction is not subject to the issues of Asmachta. In the classical case of Asmachta the winner walks away with the loser’s item. If the loser does not willingly relinquish the item, he will have retained ownership thereby rendering it stolen and causing the recipient to transgress the Issur of Gezel. In regards to a Chinese Auction, on the other hand, the owner of the item is only too happy to deliver the prize. He has fetched an even greater purchase price than he would have had he sold in the normal fashion. The winner therefore has nothing to be concerned about.

In addition, some permit purchasing lottery tickets because the money is given in advance. There are two explinations suggested in the Achronim. One reason is because it is viewed as if the consumer purchased a sellable item. Since the ticket (in many cases) can be resold to others, it therefore has a real value. Others cite the Halacha that an Asmachta is valid where being mochel an existing obligation. The reason for this is since the money is already in the hands of the recipient there is an elevated level of G’Miras Da’as.

This is all true in regards to auctions. However, when one plays Dreidel (or other card games) the money being played with has not yet been given over and the loser may regret losing his money.TheseHeterimwould therefore not apply.

PLAYING FOR TZEDAKA, OR WITH FREINDS AND FAMILY

Rav Moshe Shternbuch Shlit”a[10]  writes that since the primary concern is that the loser will lack sufficient Gmiras Da’as and will not willingly give over his loses, when playing to benefit Tzedaka this is not a concern. In the name of the Mitzva, the loser willingly gives up his loses. Some[11] suggest a similar Heter when playing with small denominations, and as a casual Chanuka game with friends and family. Since it is in the spirit of the day everyone involved surely relinquishes their rights to any money they might lose.

DREIDEL – ON THE UP AND UP

There are a number of ways that one can play Dreidle and ensure that these issues are definately not a problem. One idea is to play on a table that belongs to all participants. The Halacha is, that if the table being played on belongs to all the participants than all “bets” that are placed on that table are binding in Halacha. When the participants place their money on the table it is considered as if they are tranferring their ownership interest to the winner and would be permissible. A simpler option might be for a parent or Zeidy to “sponsor” the money and communicate that he will retain ownership untill the end of the game.

While these Eitzos are not neessary according to most Poskim, a quick lesson in Hilchos Asmachta, might elevate the game by making it into a learning experience, and by teaching that even Dreidel can be played……..on the up and up.