Tosfos in Kiddushin already asks this contradiction. The Rishonim and Achronim suggest at least seven different answers to reconcile the Bavli with the Yerushalmi. We will first mention them briefly, and then we will expand: 1) The Bavli is discussing a case when one grabs food belonging to another and eats it, 2) The Bavli is discussing one who tastes small amounts of food from various different merchants selling food, 3) The Bavli is discussing one who eats a bread based meal in the marketplace which is very degrading, 4) The Bavli is discussing one who eats greedily and in great haste (דרך גרגרנות בחפזון ), 5) The Bavli is discussing one who frequently eats in the marketplace, 6)The Bavli is discussing one who eats in front of many people, 7) The Bavli is referring to one who eats whilst walking in the marketplace, and not one who eats sitting down.
Answer #1: The Bavli is Discussing One Who Grabs and Eats Food Belonging to Another Person
Tosfos in Kiddushin cites three answers to resolve the contradiction between the Bavli and Yerushalmi. The first one he cites is Rabbeinu Chananel who says:דהכא מיירי שחוטף ואוכל - “Here we are talking about one who grabs food from another”. The obvious question is, if that is what we are talking about, it would seem obvious that such a person is disqualified from testimony? Tosfos answers:שחוטף פחות משוה פרוטה אי נמי שגזל דבר שאינו מקפיד ע ליו - “We are talking about one who grabs food worth less than a perutah, or one who takes something which the owner isn’t particular about”.
The Bach (Choshen Mishpot 34:29) writes, that according to Rabbeinu Chananel there is only a problem if one “grabs food belonging to another person”, if, however, one eats his own food in the marketplace there is no problem.
In other words, according to Rabbeinu Chananel, eating in the marketplace doesn’t disqualify one from giving testimony, rather, what disqualifies a person is the fact that he grabs (steals) food belonging to other people.
Answer #2: The Bavli is Discussing One Who Tastes Small Amounts of Food from All the Different Merchants
Tosfos quotes a second answer from HaRav Reb Eliyohu who says: כגון שהלך אצל המוכרי ם וטועם משל כולם מעט מעט כאילו רוצה לקנות מהם – “The Bavli is discussing someone who goes to all the different merchants in the marketplace and tastes a little bit from each of them pretending that he wants to buy from them”.
According to this explanation we can understand why such a person is likened to a dog, as dogs also like to go around eating a bit here and a bit here.
This answer is similar to Rabbeinu Chananel in that eating in the marketplace is not what disqualifies one from giving testimony, rather, it is what one is eating that is the problem.
Answer #3: The Bavli is Discussing One Who Eats a Bread Based Meal in the Marketplace, Which Is More Degrading Than Eating Regular Food
Tosfos then cites a third answer from Rabbeinu Tam that the problem of eating in the marketplace is only when eating “a bread meal”.
The Ritva quotes a similar thing, and adds, that this is what the Bavli is talking about, however, the Yerushalmi is talking about one who eats fruit, and that only applies to talmiday chachomim.
The Rosh also quotes Rabbeinu Tam (Kiddushin, siman 65) however, he quotes it slightly differently and says, “Eating in the marketplace refers to one who eats a “feast” there etc. its degrading to eat a “feast” in the marketplace.” It’s similar to what Tosfos quotes in the name of Rabbeinu Tam that the prohibition involves having a proper meal and not just a snack, however, from Tosfos it seems that it needs to be a bread-based meal, however, from the Rosh it sounds like any proper meal is a problem.
According to the first two answers we mentioned, there would be no disqualification (or even disgrace) for one who isn’t a talmid chocham to eat in the marketplace (provided, he doesn’t grab food belonging to others, or go around eating little bits from all the merchants). According to the third answer, however, there is a disqualification for all people, if they eat a seudah (or perhaps just a bread based meal) in the marketplace.
Answer #4: The Bavli is Discussing One Who Eats Greedily and In Great Haste
The Meiri (Kiddushin 40b) writes:ובתלמוד המערב פירשוה בחוטף ואוכל ופירשוה רבותי שאוכל דרך גרגרנות בחפצון על דרך חוטפין מצה בערבי פסחים שאם חטיפה ממש הרי יש לך סרך פסול מצד אחר והוא הגזל - “In the Western Talmud (Bavli) they explain that we are talking about one who grabs and eats. The Rabbis explain that this means one who eats in a greedy and hasty manner, like we say, ‘hastily eating matzos on the night of Pesach’. If we would mean literally grabbing, then there would already be an issue of stealing, which would disqualify one from being a witness due to the prohibition of stealing”.
Answer #5: The Bavli is Talking About One Who Regularly Eats in the Marketplace
The Bach (Choshen Mishpot 34, ois 29) writes that the opinion of Rashi seems to be the main one and refers to one who consistently eats in the marketplace - such a person demonstrates that he has no boshes ponim (embarrassment). The Yerushalmi, however, is talking about one who eats in the marketplace as a one off. For a talmid chocham to eat in the marketplace even as a one off is a problem, however, for a regular person there is no concern.
From the Bach we see that a talmid chocham must be careful to never eat in the marketplace not even as a one off, however, a regular person may be lenient and as long as he doesn’t do it consistently, it’s ok.
Answer #6: The Bavli is Referring to One Who Eats in Front of Many People
According to the Beis Yosef (Choshen Mishpot siman 34) and Kesef Mishnah (Hilchos Eidus 11:5) we can suggest a sixth answer. The Bavli is talking about one who eats in front of many people (בפני כל העם), if, however, one eats in a place where there are only a few people around then one doesn’t become disqualified.
However, for a talmid chocham, even if there are only a few people around he should refrain, and the Yerushalmi is referring to such a case.
Answer #7: The Bavli is Discussing One Who Walks Around and Eats in The Marketplace in Front of Many People
The Bach (Choshen Mishpot 34 ois 30) cites yet another answer to the contradiction. He writes that one is only disqualified from giving testimony if there are two issues involved: 1) He eats in front of lots of people and 2) When eating he stands and walks around, and doesn’t sit in one place.
The Yerushalmi is referring to one who is sitting down and staying in one place. If one is doing the above, then it is only a problem for a talmid chocham to eat in the marketplace, however, for a regular person it’s ok.
Interim Summary
We mentioned seven answers to help resolve the seeming contradiction between the Bavli and Yerushalmi. According to the first and second answer, there is no disqualification or (even disgrace) for one who is not a talmid chocham to eat in the marketplace, as long as he doesn’t grab food belonging to another (or take little bits from different merchants). According to the third answer, it is a problem for everyone (talmiday chachomim and regular people) to eat a proper meal in the marketplace (perhaps only a bread-based meal), however, if one is just having a snack, then it’s only a problem for a talmid chocham.
According to the other four answers, it seems that eating in the marketplace disqualifies everyone from giving testimony, and it doesn’t make a difference what food is being eaten. The determining factor seems to be how one goes about eating the food: If one eats the food in a greedy, hasty manner, or one eats in the marketplace consistently, or one eats in front of lots of people, or one eats standing up and walking around then there is a concern.
