§ 3. On Games

316. Notion. A game, taken in the general sense, is some act primarily ordained to the recreation of the mind, or it is a remedy against weariness of the mind, giving it rest, i.e., pleasure.²¹³ Although someone can play alone, nevertheless a game is generally carried on among several persons, and then it can be defined: a contest of two or more undertaken for the recreation of the mind. But to this contest, lest it flag, there is ordinarily added a pact that some prize should fall to the victor. This pact indeed is called a contract of gaming and can be defined: an aleatory contract by which a prize is granted to him who shall have obtained victory in some contest entered upon for recreation. Therefore the end of every game ought to be honorable recreation of the mind. But if another end, e.g., gain or sensible pleasure, is principally intended, the game either is illicit²¹⁴ or is no longer a game.²¹⁵

²¹³ Cf. S. theol. 2, 2, q. 168, a. 2.

²¹⁴ E.g., games of chance (Glücksspiele).

²¹⁵ E.g., a lottery.

317. Morality of recreational gaming. St. Thomas^215a proves that a game clothed with due conditions and undertaken for honorable recreation of the mind is necessary, is an act of the virtue of eutrapelia, and consequently is meritorious. It is indeed necessary, because it is an excellent remedy against weariness of the mind. For just as weariness of the body is removed by good sleep, so weariness of the mind is cured by a suitable game. It is an act of virtue, because the office of virtue is to observe the right mean in our actions. But both defect and excess are easily present in gaming. Therefore a special virtue is required which avoids each. The virtue rightly ordering games is called eutrapelia by Aristotle; this word is translated into the Latin language as pleasantness, good conversation, urbanity, affability. Finally, a game is a meritorious act, because every virtuous act perfected in the state of sanctifying grace produces merit. But in order that a game be lawful, it is principally required: 1. that the pleasure joined to the game not be sought in a shameful object or in illicit operations; 2. that every excess be absent, for pleasure ought to be tasted soberly, as seasoning in foods; 3. that the game befit the person, time, and place. All these things are evident of themselves and do not need proof or illustrative examples.

Division. A game is divided into: 1. a game of skill, in which the outcome of the game depends especially upon the aptitude and skill of the player, e.g., a ball game,²¹⁶ the game of draughts,²¹⁷ etc.; 2. an aleatory game, which rests upon fortune alone and scarcely, if at all, upon skill, e.g., the game of dice,²¹⁸ etc.; 3. a mixed game, which is governed partly by skill and partly by fortune, e.g., several games of cards.

^215a L.c.

²¹⁶ Football.

²¹⁷ Skittles (Kegelspiel, jeu aux quilles, skittles).

²¹⁸ Dice (Würfelspiel, jeu aux dés, dice).

318. Principle. Gaming with a pact of gain is lawful, provided the following conditions are observed:

1. That the players have free disposition of the thing which they stake in the game. The reason is that in gaming ownership of some thing is transferred. Therefore he who does not have perfect ownership cannot licitly stake gain in a game, nor can the victor retain gain obtained from someone who does not have free disposition of the thing. Hence, e.g., games played for stakes by religious, minors, and wives are illicit and invalid, unless, however, there is question of goods of which they have free disposition.

2. That the game be played with full freedom and deliberation. For all contracts, and especially aleatory ones, ought to be free and deliberate. Hence he who compels someone to play, or who plays with a half-drunken person and thus acquires notable gain, sins and is bound to restitution.

3. That there be moral equality among the players with respect to the hope of gain and the danger of loss. For if on one side there is moral certainty of gain and on the other side the same certainty of loss, it is no longer an aleatory contract, but justice and equity are violated. Therefore, e.g., gain obtained from a game is unjust if someone very skilled plays a game of cards with another who is unskilled. But if someone knowingly and willingly plays with another more skilled person, or if he knows that the hope of gain is less, then no injury is done to him. For example, no injury is done to those who play in the city of Monte Carlo, even though the hope of gain for them is much less than for the Bank itself.

4. That frauds be avoided in the game; otherwise there is an obligation of restitution, and indeed of not only the gain fraudulently obtained, but also the damage inflicted by depriving the other of the hope of gain. Certain stratagems, however, which according to the custom of players are not considered shameful, are permitted, e.g., looking at the cards of another player solely because of his own negligence.

5. That gain not be principally intended in the game, or not be sought too avidly. For a game is instituted for honorable relaxation of the mind. Hence there is a disorder if someone, especially in an aleatory game, seeks gain more than this relaxation.²¹⁹ This disorder, however, is of itself only a venial fault, since it is not in so grave a matter; nevertheless, accidentally it can be a grave sin, e.g., because of scandal, because of prodigality, because of great damages in fortune, bodily health, and morals, etc. Therefore not without reason are places in which games of this kind are wont to be conducted for the hope of gain alone called "gaming hells,"²²⁰ and in most regions games of this kind²²¹ are altogether prohibited.²²² Generally, however, with regard to all games civil codes grant no action either to the victor for seeking the gain or to the vanquished for reclaiming what he has already paid, unless fraud or deceit intervened.²²³

Note. Games in which a large gain is staked are wont to be most dangerous; for they incite the human passions and induce manifold and grave disorders. Hence the confessor should prudently oppose them and should not impose upon anyone a strict obligation of paying debts contracted from gaming if civil law does not recognize such an obligation.

²¹⁹ St. Alphonsus, Theol. mor. l. 3, n. 885.

²²⁰ Gaming hells (Spielhöllen).

²²¹ Games of chance (Hazardspiele, jeux de hasard, game of hazard).

²²² Cf. German Penal Code §§ 284-286; Austrian Penal Code § 522; Swiss Constitution art. 35.

²²³ Cf. above, n. 315, note 4.

319. Scholion. On games prohibited by ecclesiastical law. Purely aleatory games are forbidden to clerics by ecclesiastical law if they are played for gain. "Let them not play at games of chance and dice, nor be present at games of this kind."²²⁴ "Let clerics (and the same holds concerning religious) not occupy themselves with aleatory games when money has been staked."²²⁵ Therefore let clerics not waste time in games, considering moreover how easily excess is committed with their own damage and the scandal of the faithful.

²²⁴ c. 15, X 3, 1; cf. Council of Trent, sess. 22, c. 1 de reform., and sess. 24, c. 12 de reform.

²²⁵ Code of Canon Law, canon 138.