“One walks whilst eating in the marketplace in front of many people.” There are two conditions involved, 1) Walking and eating in the marketplace, 2) In front of many people. One who does both of these things demonstrates that he has no self-respect and doesn’t care about degrading himself. If, however, one does one without the other, i.e. he walks around eating when it’s quiet, or he sits down and eats when its busy, it doesn’t show as much of a lack of self-respect, and one who does so is still valid to give testimony. However, a talmid chocham should be extra careful, and shouldn’t even do one of the above.
The Radvaz adds, that we can be medayak and extra level from the Rambam and really there are three things that one needs to do to become disqualified from giving testimony: 1) Standing, 2) Walking around, 3) In front of many people (just standing up without walking is not a problem).
The Shu”t Afraska D’anya (Vol. 1, 177, ois 3) also learns that from the fact the Rambam writes:שהולכין ואוכלין - “Walking and eating”, that it’s only a problem if one eats walking around, as that shows extra greediness, if, however, one stands in one place it’s not so bad.
When the Tur (sif 30) quotes the Rambam he misses out the word שהולכין, however, the Mechaber (Choshen Mishpot 34:18) does bring it. From the fact that the Mechaber change what the Tur brings and adds the word שהולכין it shows that he maintains there is something to be medayek from it.
However, from the Rambam in Hilchos De’as it would seem that we can’t be medayek the word שהולכין. Immediately after the Rambam mentions the disqualification of eating in the marketplace, he mentions the disqualification of people who are:שהולכין ערומים בשוק – “Walk around naked in the marketplace”. It’s obvious that in the later case of walking around naked, even if one stands still there is a problem, therefore, it is difficult to be medayek this word.
Answer #3: It Depends How Frequently
The Sefer Mishrash Moshe (Etyah, Hilchos Eidus 11:5) is medayek [makes an implication] from the Rambam which says: שהולכין ואוכלין בשוק – “They frequently walk around eating in the marketplace”, that there is only a problem if one consistently eats in the marketplace. He suggests that the Rambam in Hilchos Eidus is talking about people who consistently eat in the marketplace, and whether one is a talmid chocham or not, if he consistently eats in the marketplace he is disqualified from giving testimony. However, in Hilchos De’as the Rambam is discussing eating in the marketplace as a one off, and that is only a problem for talmiday chachomim. (According to this explanation the diyuk of the Radvaz falls away, as שהולכין means one who does it frequently, and not one who is walking).
Answer #4: It Depends If One Is Eating Bread or Other Food
The Avodas HaMelech (Hilchos De’as Perek 5) suggests that the Rambam in Hilchos Eidus is discussing one who eats bread and that applies to everyone, however, the Rambam in Hilchos De’as is discussing eating other foods, and that only applies to a talmid chocham.
Bottom Line in Answering the Rambam
It’s important to note, that although the poskim bring a number of answers to resolve the contradiction in the Rambam, none of them mentioned the first two answers we brought when dealing with the contradiction between the Bavli and the Yerushalmi. They bring neither the answer of grabbing food belonging to other people, or taking a bit of food from all the various different merchants.
According to the Rambam it comes out that one is disqualified from giving testimony even if he is not a talmid chocham, however, it depends on the manner one eats (either in front of many people, whilst walking, consistently, or bread).
The Ruling of the Shulchan Aruch
The Shulchan Aruch (Choshen Mishpot 34:18) quotes the Rambam in Hilchos Eidus (11:5):
הבזויים פסולים לעדות מדבריהם והם אנשים שהולכים ואוכלי ם בשוק בפני כל העם וכגון אלו שהולכים ערומים בשוק בעת שהם עסוקים במלאכה מנוולת וכ יו צא באלו שאין מקפידים על הבושת שכל אלו חשובים ככלב ואין מקפידי ם על עדות שקר ומכלל אלו המקבלים צדק ה מהעו בדי כוכבים בפרהסיא אף על פי שאפשר להם שיזונו בצנע א מבזים עצמם ואינם חוששים כל אלו פסולים מדבריהם - “Undignified people are disqualified from giving testimony on a rabbinic level. This category includes people who walk around eating in the marketplace in front of lots of people, and people who walk around naked ... and similar things to this, where they are not particular about self-respect. Such people are like dogs and aren’t worried about giving false testimony. Included in this group is those people who accept charity from non-Jews in public, even when they have the option of receiving in private, such people degrade themselves and aren’t concerned about it, all these disqualifications are rabbinic in nature.”
Like the Rambam, the Shulchan Aruch doesn’t mention the requirements that Tosfos brings.
The Sma (34:44) on the words of the Shulchan Aruch שהולכים ואוכלי ם בשוק בפני כל העם writes:- דכשאינו בפני כל העם אמרו בגמרא דגנאי הוא לתלמיד חכם לעשות כן אבל אין אדם נפסל בכך - “If it is not in front of lots of people the Gemara (Yerushalmi, Maasros 3:2) says that is a disgrace for a talmid chocham to do so, however, a person doesn’t become disqualified if he does so.”
The Urim Vetumim (34:38) cites the Sma, and adds, “We can also differentiate between those who walk around eating in the marketplace which is a big disgrace and lack of respect (פחיתות גדול בזוי מאוד) and those who fix a place in marketplace, which although is not fitting for a talmid chocham, it doesn’t disqualify a person from giving testimony.”
According to the Urim Vetumim’s understanding of the Shulchan Aruch, there are two requirements before being disqualified from giving testimony: 1) Eating in front of many people, 2) Walking around eating, as opposed to eating in a fixed place.
The Street Has the Same Status as the Marketplace
The Aruch HaShulchan (34:18) when discussing the halachah of not eating in the marketplace writes street (רחב ) instead of marketplace (שוק). He brings the halachah that people who act in an undignified manner are disqualified from giving testimony and then writes: והם אנשים שהולכים ואוכלים ברחוב תדיר אכיל ת קבע בפני כל העם – “This refers to people that walk around eating on the street frequently, eating a fixed meal in front of many people...”
We see from the Aruch HaShulchan that in his times the streets had the same status as the marketplace. If that was true in his times, how much more so today, when our streets are even bigger. We also see from the Aruch HaShulchan that the prohibition of eating in the street comes with a number of other stipulations: 1) Walking and eating, 2) In the street (or marketplace), 3) Frequently, 4) A fixed meal and not just a light snack, 5) In front of lots of people.
Seaside
The seaside also has the status of a marketplace. In Maaseh Ish (vol. 5, pg. 32) the Mechaber brings that he once travelled with the Chazon Ish to the seaside, and he wanted to buy corn. The Chazon Ish told him, that eating there is considered eating in a marketplace. (We see that the Chazon Ish held that the prohibition applies to all foods, not just bread.)
What’s the Status of a Private Courtyard That People Can See in to?
The sefer Sholam Yaakov (Sofer, siman 25) writes, that if one isn’t embarrassed to be seen eating there, then it’s considered a courtyard and not a marketplace or street. If, however, one is embarrassed to be seen eating there, then it is considered eating in the marketplace.
Iy’H we will continue this topic next week. A lot of next week’s sheet will be related to this week’s; therefore, I highly recommend holding on to this sheet until next week. In the meantime, if one wants to act like a talmid chocham (which I hope you do), I highly recommend avoiding eating outside of the house.
