Most poskim maintain that the disqualification for one who eats in the marketplace to give testimony is derabonon. This is based on the Rambam (Hilchos Eidus 11:5) and Shulchan Aruch (Choshen Mishpot 34:18) who write:הבזויין פסולין לעדות מדבריהם והם האנשים שהולכין ואוכלי ן בשוק בפני כל העם וכו ' שכל אלו חשובין ככלב ואין מקפידין על עדות שקר וכו ' וכל אלו פסולין מדברי הם – “Undignified people are disqualified from giving testimony on a rabbinic level. These include people who eat in the marketplace in front of many people etc. These people are like dogs, and they aren’t particular against giving false testimony etc. All these disqualifications are on a rabbinic level.”
However, the Mishkan HaEidus (Sha’ar 5, Perek 2, pg. 157) writes: All these undignified people, which Rashi explains to mean “since they have no self-respect, they aren’t afraid to do things which make them disqualified”, may even be disqualified on a Torah level. Embarrassing oneself is a very severe prohibition and is de’O’raisa. We find that kavod habriyos [self-dignity] overrides lo saseh’s [negative commandments] (see Berachos 19b) so we see that not embarrassing oneself is very severe. Consequently, one who doesn’t care about getting embarrassed is disqualified from giving testimony on a de’O’raisa level.
Contradiction In the Rambam as to Whether the Prohibition Applies to All People, or Just to Talmiday Chachomim
The Rambam (Hilchos Eidus 11:5) when teaching the halachah that one who eats in the marketplace is disqualified from giving testimony writes:והם אנשים שהולכין ואוכלין בשוק בפני כל העם – “These are people that walk around and eat in the marketplace in front of many people.” This seems to imply that the prohibition applies to everyone, and not just to talmiday chachomim. The Rambam also makes no mention of the stipulation which Tosfos mentioned, and it would seem from the Rambam that the prohibition of eating in the marketplace applies in all places, to all people, with all foods.
However, in Hilchos De’as the Rambam seems to contradict himself in a similar fashion to the contradiction we had between the Bavli and the Yerushalmi. The Rambam (Hilchos De’as 5:2) writes: “When a talmid chocham eats ... he should only eat at a table in his house. He shouldn’t eat in shops or in the marketplaces, unless there is a big need (the reason for this is) so that he doesn’t disgrace himself in the eyes of people...”
From this Rambam, it would seem that the prohibition of eating in the marketplace only applies to talmiday chachomim, however, regular people are allowed to eat in the marketplace. This seems to directly contradict the Rambam in Hilchos Eidus which seems to say that the prohibition applies to all people?
Four Answers to Resolve the Contradiction
There are a number of answers given to reconcile the two rulings of the Rambam. First we will mention them briefly, and then we will expand: 1) It depends if there are a lot of people in the marketplace or only a few, 2) There is a difference if one is walking around or sitting in one place, 3) It depends if one consistently eats in the marketplace, or one eats there as a one off, 4) Bread is different.
Answer #1: There is a Difference Between When There Are a Lot of People in The Marketplace, and When There is Just a Few
The Beis Yosef (Choshen Mishpot 34, ois 18) cites the Rambam in Hilchos Eidus. Then he quotes the sefer Meishorim (מישרים) who learns that the Rambam holds like Rabbeinu Tam that the prohibition of eating in the marketplace only applies when eating bread. The Beis Yosef writes that he doesn’t see anywhere in the Rambam an implication that he holds like Rabbeinu Tam. Then he says, the Rambam holds that the prohibition only applies if one eats in the marketplace in front of many people, if, however, one eats at a time when there are only a few people around, it’s ok. He then adds that this is the case that the Yerushalmi is referring to (i.e. when the Yerushalmi says that eating in the marketplace is only a problem for talmiday chachomim, he is talking about eating in the marketplace when it is quiet).
The Shu”t Radvaz (1:21) make the same distinction as the Beis Yosef and says that this is meduyak [implicit] in the words of the Rambam. In Hilchos Eidus the Rambam writes: שהולכין ואוכלין בשוק בפני כל העם – “They walk and eat in the marketplace, in front of many people.” Whereas in Hilchos De’as the Rambam merely says: ולא בשוק - “not in the marketplace”, and doesn’t make any mention of whether there are a lot of people around or not.
However, the Bach (Choshen Mishpot 34 ois 30) argues and says that it doesn’t make a difference how many people are in the marketplace,כל שוק שוה דכיון דרבים בוקעין בו ואל נאמרו דברי חז''ל לשיעורים – “Every marketplace is the same, if it is a place where the public goes through, it’s a problem. Chazal don’t differentiate when they make enactments.”
Answer #2: To Be Disqualified from Giving Testimony, One Needs to Eat Standing and In Front of Many People
The Shu”t Radvaz (1:21) answers, that the Rambam in Hilchos Eidus maintains that there is only a problem of eating in the marketplace if: אנשים שהולכין ואוכלין בשוק בפני כל העם –
