Many Rishonim learn like what we mentioned above from Rashi: הואיל ואין מקפיד על כבודו אינו בוש לזלזל בעצמו וליפסל – “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”.
The Hago’as Ashri (Sanhedrin 3:12, hago’ah 1) learns that the reason one is disqualified from giving testimony is because:דכיון דחציף כולי האי יקבל נמי שכר להעיד שקר - “Since one is so brazen as to eat in the street, presumably he will also accept money to give false testimony” (see Ran and Meiri in Kiddushin who say similar).
The Radvaz (Hilchos Eidus 11:5) says: “Generally speaking, one who does things that other people are embarrassed to do and doesn’t care about his own humiliation or disgrace is disqualified.”
One Who Eats in the Marketplace is Disqualified from Giving Testimony, As Such a Person Shows that He Is Happy to Degrade Himself
The Gemara in Sanhedrin (26b) teaches that אוכלי דבר אחר פסולין לעדות – “Those that eat from the ‘other thing’ are disqualified from giving testimony”. Rashi explains, the Gemara is referring to one who accepts tzedokah from a non-Jew, which creates a tremendous chillul Hashem. The Gemara says: “This only applies if done publicly. If one borrows in private, then it’s ok”. Moreover, “Even in public it’s only a problem, if one could have borrowed in private and instead he disgraces himself and does it publicly, if, however, there is no other way than it’s ok.”
The Yad Remah (Sanhedrin) explains: דכיון דלא כסיפא ליה מיל תא ומפקר נפשיה כ ולי האי משום ממון לא מיכסיף נמי לאסהודי בשיקרא דכיון דאית ביה חוצפה כולי האי מסתמא רשע הוא - “Since one is not embarrassed, and is happy to act so freely just because of money, such a person won’t be embarrassed to give false testimony either – one who has such brazenness is presumably a rosha.”
The Yad Remah then says: This is similar to the Gemara at the end of the first Perek of Kiddushin which says that one who eats in the marketplace is disqualified from giving testimony, where the reason is because one who does such a thing disgraces himself in public. The Yad Remah writes: דאלמא טעמא משום דקא מבזי נפשיה ולאו משום איסורא – “We see that the reason is because one disgraces himself, and not because he has done something prohibited”.
The Yad Remah equates the Gemara in Sanhedrin with the Gemara in Kiddushin and learns that in both cases, the reason one is disqualified from giving testimony is not necessarily because he has done something prohibited, rather, it’s because such a person has publicly disgraced himself and we don’t accept testimony from such people.
The Shu”t HaRashbah (Meyuchos l’Ramban 111) was asked: “How many different people are disqualified from giving testimony? And he answers: “You should know, that there is no specific number, as what disqualifies a person depends on various different things. Some are based on comparison to other cases, and some are learnt from kal v’chomer arguments. Eating in the marketplace – is not an issur de’O’raisa, or even derabonon, the same thing is with accepting tzedokah in public from a non-Jew. The reason eating in the marketplace disqualifies one from giving testimony, is because one who degrades himself to fill himself up, shows he has no self-respect and its likely that he doesn’t care about his reputation when it comes to giving testimony either.”
The Shu”t Ri MiGash (siman 159) writes: “Anyone who eats in the marketplace is disqualified from giving testimony. The Geonim explain: It’s not because one has disqualified himself due to his wicked acts, and it’s not because one has violated a prohibition, rather, it’s because:דהוא פוחת ויורד ואיני נוהג בכבו ד עצמו - such a person has shown that he has no self-respect, and we don’t accept testimony from such people.
The Shu”t Mishnah Halachos (15:61) quotes the aforementioned Ri MiGash and he writes: “It’s clear that the problem of eating in the marketplace is not because one has violated a prohibition, or because he never made hamotzi etc. rather, it is because he has shamed himself and shown that he isn’t particular about himself and is happy to eat in the marketplace ... therefore, certainly one should be careful of people who eat in the marketplace by stands, and they take sandwiches and immediately start eating and walking around without any shame. Besides for concerns of Hilchos Berachos, the above is very degrading, and one should we careful not to use such people as witnesses for kiddushin and other such matters.”
