Being that it is bein hazmanim and a time when people like to go on trips, and people often find themselves out of the house during mealtimes, I would like to discuss a topic which I think is very timely – the topic of eating on the street.
In this week’s parsha we learn about which animals are kosher and which animals are not. Therefore, although it’s a slight stretch, I think that discussing a topic which deals with how food should be eaten, and in which place food should be eaten, is slightly connected to the parsha.
There is a famous Gemara in Kiddushin (40b) which teaches:האוכל בשוק הרי זה דומה לכלב ויש אומרים פסול לעדות - “One who eats in the marketplace is compared to a dog, and some say he is disqualified from giving testimony”. Does this apply to everyone, or only to a talmid chocham? Why should this disqualify one from giving testimony? Does the prohibition apply to all foods, or only to bread? What about drinks? Does it make a difference if one is in a busy street or a quiet street? Does it make a difference if one does it as a one off, or one does it frequently? What if one sits down and eats? Does it apply to one who sits by a table and eats in a restaurant which is near to the street?
Is eating by a bar at a chasunah considered eating in the market? May one eat whilst traveling on a bus? Is one allowed to suck a sweet and chew gum whilst on the street? Of this and more below.
One Who Eats in the Marketplace Is Disqualified from Giving Testimony as He Isn’t Considered Part of Society
The Mishnah in Kiddushin (40b) teaches: “Anyone who has Mikra, Mishnah and Derech Eretz – won’t come to speedily sin, as it says, “a three-ply cord isn’t easily severed”. However, anyone who doesn’t have Mikra, Mishnah or Derech Eretz (i.e. he doesn’t have even one of them) – is not part of society (אינו מן הישוב)
ה״לגליון ר – ראה Insights Into Halachah
The Rambam in Pirush HaMishnayos (Kiddushin 1:10) explains that “not being part of society” means that he has no purpose in the building of the world, and it would be better for the town if he wasn’t part of it.
The Gemara cites the Mishnah which says, “Anyone who doesn’t have Mikra, Mishnah or Derech Eretz is not part of society” and then quotes R’ Yochanan who says that such a person is “disqualified from giving testimony”. Then the Gemara brings: “One who eats in the marketplace is compared to a dog, and some say he is disqualified from giving testimony”. Then the Gemara quotes Rav Idi bar Avin who says, “The halachah is like the ‘some say’”.
From the fact that the Gemara mentions האוכל בשוק – “one who eats in the marketplace”, without mentioning any specific type of person, it would seem that this din [law] applies to all groups of people, even to those who are not talmiday chachomim.
What Is the Connection Between Not Having Mikra, Mishnah or Derech Eretz and Eating in the Marketplace? Why Are Both Disqualified from Giving Testimony?
Rashi explains: דכיון שאינו מן ה יישוב אין מקפיד על עצמו ואין לו בושת פנים וכן האוכל בשוק הואיל ואין מקפיד על כב ודו אינ ו בוש לזל זל בע צמו וליפסל – “Since such a person isn’t part of society, he doesn’t care about himself, and he has no self-embarrassment. Similarly, one who eats in the marketplace, since he has shown that he doesn’t care about his honour, we assume that he isn’t embarrassed to degrade himself and do things that disqualify him from giving testimony.”
As to why such a person is compared to a dog, the Maharsha writes:שדומה לכל ב שאין מזונ ו מצוי בבית ואוכל גם בשוק אם נמצא לו שם – “One who eats in the marketplace is like a dog, as it is common for a dog who doesn’t have what to eat in the house to eat what he finds on the street.”
Contradiction Between Bavli and Yerushalmi as to Whether the Prohibition Applies to All People, or Just to Talmiday Chachomim
As we mentioned above, from the Bavli it seems that the prohibition of eating in the marketplace applies to all people. However, from the Yerushalmi (Ma’asros 3:2) it seems that it only applies to talmiday chachomim. The Yerushalmi says:אית תניי תני שאין שבחו של תלמיד חכם להיות אוכל בשוק כהדא רבי לעזר בר רבי שמעון הוה אכ יל בשוקא חמתיה רבי מאיר אמר ליה בשוקא את אכיל ובטל גרמי ה - “It is not praiseworthy for a talmid chocham to eat in the marketplace. R’ Lazer bar Rebbi Shimon was once eating in the marketplace, and R’ Meir saw and said to him ‘you eat in the market?’ and he immediately stopped (i.e. he stopped eating in the marketplace).”
