Category: Kids at Risk (Winter 2008)
Levi Cooper is a rabbi in Tzur Hadassah and teaches Jewish Studies at Machon Pardes and other university level programs in Jerusalem.
Gambling over card games is one of the vices to which youth-at-risk may fall prey. What may begin as an innocent pastime, can quickly become an addiction to gambling. While our ancient texts make no reference to gambling, the sages of the Mishna singled out players of two games of chance – dice rollers and pigeon racers – declaring them unfit to serve as witnesses.[1] While these games were singled out, it appears that all gambling was censured.[2] Over the generations, our leaders have grappled with the widespread temptation to wager over games of chance.
At least one rabbinic personality, the Venetian Rabbi Yehuda Aryeh (Leone) de Modena (1571-1648), appeared to have had a gambling problem. Certainly his father suffered financial damage through the gambling of his step-brother, Avraham Parego. Grappling with this vice, the precocious Rabbi de Modena authored a work on the pitfalls of a gambling obsession.[3] Despite seeing his father’s wealth squandered and though he wrote against the practice, Rabbi de Modena was unable to overcome the lure of gambling.[4] This rabbi may have been the target of the 1628 censure of card players by the rabbis of Venice.
Despite the danger of card playing, there is a well-known tradition to wager over a game of cards on Hanukkah. Thus we find in the memoirs of Pauline Wengeroff (1833-1916) the following description from her childhood in a piously religious home:[5]
On the fifth night my mother invited all our friends and relatives. That was the night she gave us the Chanukkah gelt [= money] we had been waiting for – usually bright new copper coins. You stayed up later than usual that evening, and played cards longer … It was a day of rejoicing for us children. Even we little ones were allowed to play cards that night. Feeling like millionaires, we dug out all our copper coins and settled down around the table with our little cousins. Our parents, the grown-up sisters and brothers, and some friends who had dropped in formed a larger circle. You could read the outcome of the card games in our faces; some lost all their Chanukkah gelt and worked hard to hold back the tears. The only hope was another evening of cards, when with better luck you might refill your pockets. On such evenings my father skipped even learning Talmud and sat down to cards although, like my mother, he had no idea of the rules of any game.
In her adult years, after her husband had become disenchanted with the religious way of life, Wengeroff described the Friday night atmosphere in Jewish homes in Kovno, Lithuania in the 1860s:[6]
There was a strangely mixed, unquiet mood on the Sabbath. The woman clung with her entire nature to the old ways. She still lit Sabbath lights on Friday night and recited the prayer. But the “enlightened” Mr. Husband lit his cigarette from the candles, so that her peaceful face was drawn into a pained smile. The Master of the House welcomed his friends, who came to play a game of préférence,[7] with the same hearty welcome that he used to offer the Sabbath angels. It is true that the kiddush cup stood on the table filled with wine, but no one sipped from it. It had become a symbol. … In the place of zmiraus (Sabbath songs) jokes were told. The entire gamut of Jewish humor, and the card games, lasted well beyond midnight. …
These vignettes reflect the spectrum of Jewish society that played cards.
Yet the addictive perils of card playing – hinted at in Wengeroff’s childhood memory – and the unproductive nature of this pastime led authorities to decry the prevalent practice. Perhaps the most famous censure of card playing was expressed by the beloved hasidic master, Rabbi Levi Yitzhak of Berditchev (1740-1810), who explicated the pitfalls in mystical terms. After explaining that increased Torah study is the most appropriate commemoration of Hanukkah, Rabbi Levi Yitzhak adds:[8]
… I have seen nowadays that because of our numerous iniquities, a breach has been opened amongst our brethren, the House of Israel, to play cards, and the matter is insignificant in their eyes. But you should know: that in each card there is certainly a preponderance of kelipa [lit. husk, unsanctified elements] … Know my brethren and my friends how many obstacles there are in this game: 1. Certainly at this time [of playing cards] the player forgets the fear of God; 2. Certainly it appears to me that he is a robber; 3. [The players] sully themselves with kelipot …
A younger contemporary from Lithuania, Rabbi Alexander Ziskind of Horodna (d. 1794), expressed a similar idea:[9]
And every person who fears and trembles before the word of God, should distance his children from their youth, that they should not be familiar with the forms of these kelipot they are the “cards” … that is, to play checkers and chess and other types of games for I said of laughter it is mad (Ecclesiastes 2:2) and disrupts focus in prayer and [causes] bitul Torah [=canceling Torah (study)], may the Merciful One save us, and this remark suffices.
Yet such censure appears to be the exception, not the rule. Rabbinic authorities sought to contain the practice rather than issue an unenforceable ban. Though card-playing gambling was certainly frowned upon, human nature meant that blotting out the practice was nigh impossible. The tale is told of the rabbis in Mainz, Germany who wished to deter incorrigible card players by issue a herem (ban of excommunication) against them. Recognizing the limited possible effect of such a herem and seeking to avoid bringing heavenly retribution on those who would contravene such a ban, they purposefully misspelled the word “herem” with a khaf instead of a het when recording it. Thus the rabbis rendered the herem null.[10] Similarly, we find a tempered position that permitted the practice only at certain times, such as on Hanukkah and Purim.
Despite this attitude of containment, it is still surprising to find responsa from a leading halakhic authority – Rabbi Yosef Hayyim Sonnenfeld – recognizing the practice as a valid pastime. Rabbi Sonnenfeld (1849-1932) was born in Vrbové, today in Slovakia. After studying with leading scholars in Europe, Rabbi Sonnenfeld arrived in Jerusalem in 1873 and quickly became a respected rabbinic figure in the Old City. Later he co-founded the Edah Haredit (lit. the fearful community) in 1919, the prominent anti-Zionist communal organization in Jerusalem that represents ultra-orthodox factions to this day. As a halakhic decisor, Rabbi Sonnenfeld was not known as one who advocated leniencies. This portrait makes his halakhic position all the more eye-catching.
Rabbi Sonnenfeld did not publish his own responsa as a complete work. Rabbi Shlomo Sobel asked Rabbi Sonnenfeld numerous questions and published the respondent’s concise answers under the title Salmat Hayyim, meaning ‘the cloak of Hayyim’ or ‘the cloak of life’.[11] Salmat Hayyim was published after Rabbi Sonnenfeld passed away and includes responsa that were written in the final decade of his life.[12] .
It should also be noted that Rabbi Sonnenfeld wrote these responsa as private letters to a student whom he knew personally. Moreover, in many of the responsa Rabbi Sonnenfeld appears to be moderating extreme positions suggested by Rabbi Sobel. It is entirely possible that the author had no intention of publicly disseminating these decisions, rather they may have been private attempts to curb a student with radical tendencies. This calls into question the weight of the positions included in Salmat Hayyim.
Despite this caveat, Rabbi Sonnenfeld’s statements on card playing are still fascinating. Rabbi Sobel asked:[13]
With regard to the days of Hanukkah and the like, there are those who are lenient to set themselves up at a game etc and the like. Moreover, they want to rely on the report that a number of Torah personalities acted thus. And it requires examination: What utility is there in this, such that it should not be a crime of bitul Torah[14]?
In his question, Rabbi Sobel testifies to the widespread nature of card playing,[15] even amongst people committed to Torah. This state confounded Rabbi Sobel: Aren’t such games a waste of valuable time that should be invested in Torah study? Referencing talmudic passages, Rabbi Sonnenfeld responded in the brief style that characterizes Salmat Hayyim:
… It appears that they [=Jews of the talmudic period] had hours for playing; apparently they had set times, perhaps for the purposes of health. … And perhaps this is part of a time to laugh (Ecclesiastes 3:4), and apparently they did this so that they would busy themselves in order that they would not go aimlessly, for idleness brings [lewdness (M. Ketubot 5:5)][16]. And not every person has the capacity to sit continuously in Torah study. … Furthermore, I say that we should not doubt a custom of the holy nation of Israel, for through this [recreation] they did not turn to other matters that are worse such as listen to gossip[17] and the like.
Rabbi Sonnenfeld opens by recognizing the human need for recreation time; the expectation that every person will spend every waking hour in Torah study is unrealistic. In fact, a quiet game of cards may be preferable to rumor-mongering or idle chit-chat. We see hesitancy to challenge a widespread practice since it apparently carries some side benefit, in this case preventing unnecessary gossip.
Rabbi Sobel responded, objecting to Rabbi Sonnenfeld's lenient attitude toward leisure activity, yet nonetheless Rabbi Sonnenfeld remained steadfast in his approach:[18]
Indeed there are times when the doctors will declare that exercise is good, that is, for the sake of health. … And at times they will declare not to deal with profundities rather with light-hearted matters, that is, for the sake of health.
With these succinct words, Rabbi Sonnenfeld took a bold position: Even sitting around the card table may have medicinal value or at least satisfy some medical need, even though it does not involve physical exertion.
Rabbi Sobel still did not accept Rabbi Sonnenfeld’s response and in a further exchange he once again suggested that a break from Torah could only be contemplated for the sake of physical exercise.[19]
Rabbi Sonnenfeld’s response to this further questioning was terse and dismissive:
I have seen the comments and I have only written my inclination and in all the matters I do not retract that which I have written …
It is important to note that though Rabbi Sonnenfeld sanctioned card playing as part of a general approval for limited leisure activity, he never related to wagers; gambling for money involves a slew of halakhic issues, which we related to briefly in the beginning of this essay. Nevertheless the uniqueness of Rabbi Sonnenfeld’s position lies in the recognition that card playing is a valid pastime.
Rabbi Sonnenfeld's understanding that universal full time Torah study was an unrealistic expectation can perhaps be buttressed with the vivid talmudic description of the Almighty’s daily schedule:[20]
The day is comprised of twelve hours: During the first three, the Holy One blessed be He sits and is involved in Torah. [During] the second [three hours] He sits and judges the entire world. Once He sees that the world is deserving annihilation, He stands up from the throne of judgment and sits upon the throne of mercy. [During] the third [three hour period of each day] He sits and provides nourishment for the entire world from the horns of re’eim[21] to the eggs-of-lice[22]. [During] the fourth [three hour period of each day] He sits and plays with the Leviathan,[23] as it says: You created the Leviathan to play with (Psalms 104:26).
Indeed, the passage does not suggest that God plays cards with the Leviathan, but we have an apparent recognition of the need for leisure time.[24] As long as card playing does not become an obsession, Rabbi Sonnenfeld would suggest that it is a valid leisure activity. The question remains: How can we pleasurably enjoy a pastime without becoming ensnared in its addictive tentacles?
[1] M. Rosh Hashana 1:8; M. Sanhedrin 3:3. The Talmud questions whether the problem is that winnings are unlawful gains and therefore even occasional games of chance would be condemned. Alternatively, gamblers make no useful contribution to society and therefore only professional players are disqualified as witnesses. For more on the rabbinic position see: B. Sanhedrin 24b ff; B. Shabbat 149b; B. Gittin 61b; Midrash Tehillim 26:10.
[2] Codifiers explain that the term refers to a specific game though the sages sought to include all gambling (see for example: Rambam, Commentary to the Mishna, Sanhedrin 3:3; Tur, Hoshen Mishpat, 34:16).
[3] Sur Mera – Polemics on Card Games, [Prague] 1615. This short but entertaining work is written in the form of a parody of two friends who fall prey to the vice of gambling.
[4] In his autobiography – Chaye Yehuda – Rabbi Modena relates extensively to gambling and his addiction. See: Mark R. Cohen (translator and editor), The Autobiography of a Seventeenth-Century Venetian Rabbi – Leon Modena’s Life of Judah, New Jersey 1988, references in the index on p. 299.
[5] Pauline Wengeroff, Rememberings: The World of a Russian-Jewish Woman in the Nineteenth Century, translated from the original Yiddish by Henny Wenkart, Maryland 2000 (herein: “Rememberings”), pp. 65-66.
[6] Rememberings, p. 189.
[7] Préférence is European trick-taking game, particularly popular in Russia from imperial times through today.
[8] Kedushat Levi, Slavita 1798, Derushim Lehanuka, s.v. yadua.
[9] Yesod Veshoresh Haavoda, Jerusalem 1987, gate 12, chapter 1. Though Rabbi Ziskind was the younger contemporary of Rabbi Levi Yitzhak, his work was published first in 1782 and carried a letter of approbation from Rabbi Levi Yitzhak..
[10] I have been unable to verify the historicity of this legend. The very existence of such a tale, however, accurately reflects the struggle to limit a widespread, undesirable practice.
[11] The title not only contains Rabbi Sonnenfeld’s first name – Hayyim (his other name Yosef was added during a period of illness) – but also hints at Rabbi Sobel’s first name: שְׁלֹמֹה.
[12] The responsa were originally published as individual sheets. In 1935 the first volume of Salmat Hayyim was published with six responsa. Further responsa were published in 1938, when Rabbi Sobel printed Salmat Hayyim, Part I that included 105 short responsa on Orah Hayyim (daily practice).
Four years later in 1942 Part II appeared with 134 short responsa on Yoreh Deah (ritual matters such as kashrut). This volume contains the responsa we will present herein.
In Brooklyn 1976, Parts I and II were reissued in one volume. This printing included letters from 1920-1922 regarding Rabbi Sonnenfeld’s appointment as Ashkenazi Chief Rabbi of Jerusalem against the wishes of the Zionist factions in Palestine. Apparently this reprinting was done under the aegis of the Satmar hasidic community.
In 1982, Salmat Hayyim was reset and printed in Bnei Braq. This edition is an expanded version that included the aforementioned four sections of Salmat Hayyim together with much hereto unpublished material. The 1982 edition was the basis of the expanded Bnei Braq 1995 edition, which to date is the most comprehensive compilation of Salmat Hayyim.
[13] Salmat Hayyim, Part II, Jerusalem 1942, section 48 = section 262 in the Bnei Braq 1982 edition = section 384 in the Bnei Braq 1995 edition).
[14] Literally, a waste of Torah learning time. In many traditional circles, every available moment was understood to be sanctified for the purpose of the study of Torah to the exclusion of all other activity.
[15] Even though Rabbi Sobel did not use the term card playing in the quoted passage, in the continuation of the question he refers to Remah’s comment where he quotes the opinion that there are those who don’t play cards at the table on Pesah lest hametz that has stuck to the cards falls into the food (OH 447:12):
Interestingly, in the table of contents of the first printing, Rabbi Sobel groups the two relevant responsa together with a third responsa under the title: בענין מצות תלמוד תורה making no mention of the cards. Indeed the third responsa has nothing to do with playing cards. When Rabbi Sobel turned to Rabbi Sonnenfeld a third time, he indicated that he was referring to checkers and chess (see below note 27):
ע"ד משחק הדם ושח ...
This reflects the root of Rabbi Sobel’s inquiry: He was concerned with bitul Torah, not with any particular game, be it card playing, checkers or chess.
In the 1982 edition where headings were added to each responsa, the first responsum is entitled: משחק הקלפים בחנוכה. Perhaps out of sensitivity to the fact that Rabbi Sobel had not used this wording, in the subsequent 1995 edition the title was slightly altered: משחק הקלפים בחנוכה וחשש ביטול תורה בזה. Strangely, these two editions omit the opening words of the third responsum referring to checkers and chess. Thus these two editions create the impression that the sole issue under discussion is card playing.
[16] The Mishna continues offering another formulation:
רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: ... שֶׁהַבַּטָּלָה מְבִיאָה לִידֵי שִׁעְמוּם.
[17] The term used here is לשמוע חדשות which in modern parlance refers to hearing news. I am unsure whether the idiom had the same connotation as today or whether Rabbi Sonnenfeld was not referring to journalistic output but to the serious prohibition of gossip.
[18] Salmat Hayyim, Part II, Jerusalem 1942, section 49 = section 263 in Bnei Braq 1982 edition = section 385 in the Bnei Braq 1995 edition.
[19] Salmat Hayyim, Part IV, Jerusalem 1970, section 26:2 = section 264 in Bnei Braq 1982 edition = section 386 in the Bnei Braq 1995 edition. These last two editions omit the opening reference to checkers and chess (see above note 21). This section included a long list of at least 26 comments on previous answers of Rabbi Sonnenfeld, of which only 13 appeared in print. The question is dated מוצש"ק, כ"א שבט תרפ"ח (February 11th, 1928). Rabbi Sonnenfeld’s response to all the comments was identical.
[20] B. Avoda Zara 3b.
[21] It is unclear what the re’im is. See Rashi, Deuteronomy 33:17 who writes that it is a tall beast with beautiful horns. Others suggest it is the reindeer. See also Nosson Slifkin, Mysterious Creatures – Intriguing Torah Enigmas of natural and Unnatural History, Southfield, Michigan 2003 (herein: “Mysterious Creatures”), pp. 68-74.
[22] This refers to the species called “eggs-of-lice” and not to the unhatched eggs of lice. See Rashi, ad loc., see also Mysterious Creatures, p.191ff.
[23] The Leviathan is a gargantuan creature of which only two were created. See B. Bava Batra 74b; Mysterious Creatures, pp. 156-161.
[24] Cf. Maharal, Hiddushei Aggadot, ad loc. who suggests that the thrust of the passage is that God is intimately involved in the events of the physical world. Other commentators offer alternative interpretations.