Last week we began to discuss the halachos of eating in the marketplace and on the street and how one who does so is disqualified from being able to give testimony. This week I would like to continue and finish off this topic. Although I chose this topic for last week as I felt it was particularly relevant for bein hazmanim, we will see that it has applications year-round as well. I.e. Is eating on the bus on the way to kollel considered eating in the marketplace? Why did the Chazon Ish call someone who eats on his balcony a “bird”? What do the Baalay Mussar say about people who chew gum on the street? Is it ok to eat by outdoor food stands at a chasunah? What was the urgent letter that the Sho’el U’Meishiv had to send to the Rov of Krakow? Is it ok to eat ice lollies on the street? Does the fact that everyone else does it change anything? Is it ok for children to eat on the street on the way to school? If one is on the way home from kollel late at night and the streets are quiet, is it ok to have a quick snack on the street? Of this and more below. (If you haven’t yet seen last week’s halachah section, I highly recommend reading it first, although, you should still be able to gain a lot from this week’s sheet without doing so.)
Parsha Connection
This week’s parsha starts off with the pasuk: שפטים ושטרים תתן לך בכל שעריך אשר ד' אלקיך נתן לך לשבטיך ושפטו את העם משפט צדק - “Judges and officers shall you appoint in all your cities — which Hashem, your G-d, gives you — for your tribes; and they shall judge the people with righteous judgment.” (Devorim 16:18)
In Mishlei (6:6–8), Shlomah HaMelech describes the industriousness of the ant and how we must learn from it: “Go to the ant, you sluggard; see its ways and grow wise. Though there is neither officer nor guard nor ruler over her, she prepares her food in the summer and stores up her food in the harvest time.”
The Medrash (Devorim Rabbah 5:2) describes the life of an ant and brings various lessons that we must learn from the ant, and then concludes: “You, for whom I have designated judges and officers, all the more so that you should listen to them...”
We see that learning from animals is related to this week’s parsha. Although we are told to learn from an ant how to act, there is animal which we are supposed to learn from how not to act. The Gemara in Kiddushin (40b) says:האוכל בשוק הרי זה דומ ה לכלב - “One who eats in the marketplace is compared to a dog”. In explaining why such a person is compared to a dog the Maharsha writes:שדומה לכל ב שאין מזונו 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.” So, although one is supposed to learn from an ant how not to be lazy, we must learn from a dog how to not act when it comes to eating.
Eating in the Street When It’s Quiet
We mentioned last week how the Beis Yosef understands in that Rambam that one only becomes disqualified from giving testimony if he eats in the marketplace (or the street) at a time when there are lots of people around, Last week we mentioned that although the Gemara in Kiddushin only mentions that eating in the marketplace is a problem, the Aruch HaShulchan says that it applies equally to people who eat in the street.
If, however, one eats in the marketplace at a time when it’s quiet then it doesn’t disqualify one from giving testimony.
The Rambam and Shulchan Aruch both mention that the problem of eating in the marketplace is when it is done: בפני כל העם – “in front of many people”. Do they mean that there is only a problem at a time where there are lots of people, and if it happens to be quiet time then it’s ok, or do they mean that a marketplace is generally a place where there are lots of people, and even if at this moment in time it’s quiet it is still a problem. In short: Is the determining factor the amount of people, or is it the place?
The Bach understands that the Beis Yosef learns like the first option that it depends physically on whether there are a lot of people around or not when one wants to eat, and if one is in a place where it is normally busy, however, for some reason it is quiet then it’s ok to eat there.
However, the Bach himself argues and understands that the disqualification of eating in the marketplace is to do with the place and it doesn’t make a difference how many people are there at this present moment in time. The Bach writes: “The Beis Yosef differentiates between a time when there are lots of people in the marketplace and a time when it’s quiet. However, it doesn’t seem to me that it’s like this, אלא כל שוק שוה כיון דרבים בוקעי ן בו ולא נאמרו דברי חז''ל לשיעורים – rather, all marketplaces are the same - since they are places frequented by the public it’s a problem to eat there, and Chazal never differentiated between different amounts of people.” It seems that the question we posed above, is a machlokes between the Bach and Beis Yosef.
The MiBei MiDrosha (Gilyon, Parshas Noach, Rav Menachem Mendel Meizals) writes: According to the Beis Yosef, if one is sitting on his balcony which faces the marketplace and lots of people can see him eating, it would be considered eating בפני כל העם – “in front of many people”, and one doing so would be disqualified from giving testimony.
He then writes that the Chazon Ish once saw someone eating on a balcony in front of his house and the Chazon Ish said about him “he is comparable to a bird”. The Chazon Ish explained that such a person is not comparable to a dog, as the reason one who eats in the marketplace is compared to a dog, is because as the Maharsha says: “It is common for a dog who doesn’t have what to eat in the house to eat what he finds on the street.” When dogs look for food, they rummage through the streets, they don’t go on balconies, therefore, we can’t compare such a person to a dog. However, it’s very common for birds to eat food on a balcony, therefore, one who eats on a balcony which can be seen by passersby’s is compared to a bird.
Does Sucking Sweets (Candy) and Chewing Gum on the Street Disqualify a Person from Giving Testimony?
It’s very common for people to suck sweets and chew gum whilst walking in the street, is this included in the prohibition of eating in the marketplace (and on the street)?
The Sefer Vayehi Binsoyah (Perek 12, halachah 5, pg. 205) suggests that it depends on the machlokes between Rashi and Tosfos (which we mentioned last week). Rashi learns that the problem with eating on the street is: הואיל ואין מקפיד על כב ודו אינ ו בוש לזל זל בע צמו 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”. Therefore, it would seem that the prohibition applies in all cases, even if one is having a small snack, walking around with a sweet in his mouth, or even having a drink. Tosfos, however, learns that the prohibition of eating in the marketplace only applies to one who eats a bread-based meal, consequently, it would seem that walking around sucking a sweet is acceptable.
In Ma’aseh Ish (Vol. 2, pg. 99) it’s brought down that the Chazon Ish once gave R’ Chaim Kanievsky a faher [test] when he was a young child, and as a prize he gave him a sweet. R’ Chaim immediately started to suck the sweet and when he left the house of the Chazon Ish he still had the sweet in his mouth. The Chazon Ish told him that he needs to make a second berachah. Some add, he also reminded him that one who eats on the street is compared to a dog.
The above is a big chiddush [novelty], as even if we are stringent when it comes to foods that are not bread, it would seem that one must be kove’a seudah [fix a meal on it] on the food, and people don’t fix a meal over sweets. The Madanay Yom Tov suggests, that the Chazon Ish was overly particular with R’ Chaim even at such a young age, as he wanted him to act like a talmid chocham already from when he was young.
Regarding chewing gum on the street, besides for the issue of eating in the street, the Baalay Mussar have already said, that one who eats chewing gum on the street looks like an animal which chews the cud, and such a habit is not fitting for a human being who is more elevated than an animal.
Eating on the Street at Night, When People Can’t See
The Shu”t Siach Yitzchok (479) is in doubt if at night we also say that if one eats in the marketplace, he is disqualified from giving testimony: Is the concern that people can see, and at night people can’t see, therefore, it is ok? Or is the problem, the actual eating in the marketplace, therefore, even if people can’t see it is still a problem?
The practical application that the Siach Yitzchok mentions is the night before Pesach, when people don’t want to eat chometz inside their house, as the house is already Pesachdik. However, it’s practical every night if one is hungry and on the street late at night.
The Gemara in Berachos (62a) discusses being excused and mentions that during the day Rava would distance himself from the town, however, at night he would find a quiet spot and excuse himself within the city. We see, that there is room to argue that nighttime is different. Just like in the Gemara in Berachos nighttime is different, perhaps in regard to eating in the marketplace as well, nighttime is different, and even if one is in the marketplace, it’s considered eating in private, and it wouldn’t disqualify one from giving testimony.
However, the Gemara in Yoma (75b) teaches: “When one eats a meal, he should only eat it in a situation of day. Meaning, if it is dark, one should make sure to use a torch so he can see”. Therefore, it won’t help if it’s dark, as anyway one must make sure to light up the place, and people will be able to see.
However, the Gemara in Yoma is discussing: האי מאן דאית ליה סעוד תא – “one who eats a meal”, and it could be that if one is only having a small snack, it’s ok to have it in the dark. So, if we say that the main concern is being seen, and nighttime is different, perhaps it is ok to have a snack on the street at nighttime.
What If the Sweet Is Only Visible from One Side of the Mouth?
The Sefer Vayehi Binsoyah adds to the above doubt and goes on to discuss what the halachah is if one has a sweet in his mouth, however, it is only on one side of the mouth and the people on the street aren’t able to notice it (i.e. he is walking near to a wall, and he keeps the sweet on the side of his mouth close to the wall)? He writes that from Rashi which says: הואיל ואין מקפיד על כב ודו אינו בוש לזל זל 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”, it would seem that only one who doesn’t care about his self-respect is disqualified, and if people can’t see, there is no lack of self-respect. However, according to the reason that one who eats in the marketplace is like a dog who eats on the street when he doesn’t have food at home, then even if other people can’t see it would still be a problem. (However, it’s not so simple that sweets have the status of food regarding these halachos.)
The Vayehi Binsoyah concludes, that this question depends on the machlokes between Rashi and Rabbeinu Tam. According to Rabbeinu Tam that only bread-based meals are a problem, certainly sweets are ok, however, according to Rashi it may well be that even sweets are a problem.
What About Drinks?
The Shu”t Siach Yitzchok (479) is in doubt if the prohibition of eating in the marketplace applies to drinking as well. Throughout Shas we find that: שתיה בכלל אכילה – “drinking is included in eating”, do we say it here as well?
According to the Rishonim who learn that the prohibition only applies to bread-based meals, certainly drinking would be allowed. However, according to Rashi who learns that the problem is: הואיל ואין מקפיד על כב ודו אינו בוש לזל זל 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 question is, does it apply to drinks?
Moreover, even according to the Rishonim who learn that the prohibition is only on eating a bread-based meal, the reason they learn only bread is a problem is because bread is considered important. The question, therefore, is, what would the halachah be in regard to drinking important drinks such as wine in the marketplace?
R’ Zalman Sorotzkin in his Shu”t Oznayim L’Torah (siman 9) suggests a novel reason for why the mesader kiddushin doesn’t drink from the wine under the chuppah. He writes: Generally speaking, chuppah’s are held in the street, and it’s not fitting for a talmid chocham to drink or eat in the marketplace or on the street.
However, R’ Shlomah Zalman Auerbach in Shu”t Minchas Shlomah (siman 18) asks: How can we consider the chuppah to be in a marketplace, the Gemara in Kiddushin (12b) teaches: רב מנגיד אמאן דמקדש בשוקא – “Rav would give lashes to one who performs kiddushin in the marketplace”. Therefore, he suggests an alternative reason for why the mesader kiddushin doesn’t drink the wine. He says, it is out of respect for the chosan. chosan domeh lemelech, a chosan is like a king, therefore it’s not fitting for someone to drink before him.
From the Aruch HaShulchan which writes that the problem of eating in the street is אכיל ת קבע בפני כל העם – “a fixed meal in front of many people”, it would seem that certainly for one who isn’t a talmid chocham there is room to be lenient with drinking on the street.
What About Ice Lollies?
If we conclude that drinking in the street is ok, what is the halachah regarding eating ice lollies, are they perhaps worse, as although they are a liquid they are frozen, and it’s considered eating?
R’ Chaim Melin asked this question to R’ Yitzchok Zilberstein and he said it doesn’t make a difference if it’s considered eating or drinking, having an ice lolly is considered a big bizoyan and should be avoided.
Is Eating from a Bar by a Chasunah Considered Eating in the Marketplace?
The Shu”t Mishneh Halachos (15:62) writes that he once told a certain talmid chocham: “Those people who go around at chasunah’s and eat from the food stands (bars) where there are men and women, and each one takes a plate in his hand and walks around eating like a dog – although it’s not literally a marketplace, nonetheless, it seems that doing so is wrong, especially if there are both men and women hanging around and he looks and speaks to them.”
The Mishneh Halachos continues: “If one sees a person eating in such a manner, standing up and walking around, one should be careful not to use him as a witness for the kiddushin, as such a person degrades himself and mixes with women, and there is at least a doubt that he is pasul [disqualified]. A rov who is meticulous with all sorts of hiddurim when it comes to being mesader kiddushin, should certainly be careful with this. Practically, this topic needs more looking into.”
Eating By a Table in Front of a Restaurant Which is On the Street
The Sefer Sholam Yaakov (Sofer, siman 25) writes that when R’ Ben Tzion Abba Shaul was asked about people who eat in restaurants which are open onto the street (and tables are literally on the street), he would say that it’s not considered eating on the street, and it doesn’t disqualify one from giving testimony.
The Sholam Yaakov writes that he thinks he remembers that R’ Ben Tzion brought proof from a Mishnah in Ma’asros (3:5). The Mishnah says:איזו היא חצר הקובעת למעשרות כל שאין אדם בוש מלאכול בתו כה - “What is considered a courtyard which obligates ma’aser, any place where one isn’t embarrassed to eat inside.” The Mishnah Rishonah explains: A courtyard (חצר) needs to be like a house, where one isn’t embarrassed to eat in. We see that if one isn’t embarrassed to eat in a certain place, it has the status of a courtyard and not the marketplace or the street.
R' Yitzchok Zilberstein (Chasukei Chemed, Berachos 50a) also asks about eating in such places. In his Teshuvah he quotes the Rambam (Hilchos Eidus 11:5):והם האנשים שהולכין ואוכלין בשוק – “...these are people that walk around whilst eating in the marketplace”. The Rambam adds, that one needs “to walk around whilst eating in the marketplace”, consequently, if one is sitting down by a table, it would seem that he isn’t comparable to a dog, and would be kosher to give testimony.
R’ Zilberstein adds another reason to be lenient. The Maharsha (mentioned above) explains that one who eats in the marketplace is like a dog, as dogs don’t have what to eat at home, and they look for food on the street. If one is in a restaurant, and he gets food from inside and then brings it outside, he isn’t acting like a dog.
However, for someone who is a talmid chocham, the Rambam (Hilchos De’as 5:2) writes: When a 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, in order that he doesn’t ruin his reputation in the eyes of people...” Therefore, one who is a talmid chocham, should seemingly avoid eating in such places.
Eating On Public Buses, Or by The Seaside
R’ Zilberstein also discusses if it’s ok to eat when traveling on a public bus. He writes: Just like by the restaurant we said that if one is sitting by a table it’s ok, similarly, if one is sitting on a bus it would seem that it’s ok to eat. However, a talmud chocham should refrain doing so here as well.
The Madanay Yom Tov (R’ Yom Tov Sanger, Vol. 2, Yoreh De’ah 58) discusses eating whilst on a public bus or by the seaside in regard to talmiday chachomim. He mentions that at the seaside people walk around wearing very little clothing and it’s like a bathhouse, and perhaps we could argue that the idea of bizoyan [degradation] doesn’t apply in such a place. Unless we differentiate and say, walking around without clothing is one thing, however, eating is different and much worse. However, it would seem that there is no room to differentiate between the two. Nonetheless, there is only room to be lenient if one sits down and eats in one place, if, however, one eats whilst walking around, then even if it’s the seaside, certainly a talmid chocham should refrain.
In regard to eating on a bus, although we rule, רכוב כמהלך דמי – “sitting down whilst riding is equivalent to walking”, and in Kiddushin (33b) we rule that one must stand up for a rebbe who goes past riding on a donkey. And based on this the Taz writes(Yoreh De’ah 242:11) those people who sit in wagons without a head covering and think that since they aren’t walking four amos it’s ok, are acting wrongly, as they are halachically considered walking. Nonetheless, in regard to eating whilst sitting on a bus, it’s too much of a stretch to say that if one eats whilst sitting on a bus it’s like he is walking around eating, and perhaps there is room even for a talmid chocham to be lenient.
Practically, it would seem that it all depends on time and place. If one is in a mini-van on a family trip, there is certainly nothing wrong with eating lunch there. Similarly, if one is on a public bus and it’s a very long trip and normal to eat, then it would seem that a talmid chocham may eat as well. If, however, one is traveling on a city bus, then it would be considered a bizoyan for a talmid chocham to start eating.
In Derech Sicha (pg. 587) it’s brought down that R’ Chaim Kanievsky said: “It’s not fitting for a Ben Torah to eat on a bus. Nonetheless, if one is on a mini-bus going out of town to Kollel and he wants to eat to save time, there is room to be lenient, if everyone on the bus is an avreich like him.”
In regard to eating in a taxi, it would seem that there is room to be lenient as it is much more private. Certainly, those who are lenient with eating on buses, will be lenient regarding taxis.
Eating In a Car?
In regard to eating in car, I think it would depend on where the car is. If one is in his private car driving down the road, and people can’t really see him eating, then it would be ok. If, however, one is parked on the road outside his house, and everyone can see in, then I think it would be best to avoid eating.
Eating At a Chasunah Which Is Taking Place in a Garden, Under a Tree
The Medrash (Esther Rabbah, Parsha 2) says:בר לופייני הוה משיא את בתו מן צפורי לעכו והעמיד חנויות מוזגות יין מצפורי לעכו ומנורות של זהב מכאן ומכאן אמרו לא זזו משם עד שהאכילן עדשים מן הגור ן והשקה אותם יין מן הגת וכו' - “Bar Lufeini married off his daughter ... at the chasunah there were wine pouring stations all the way from Tzippori to Akko, and candelabras of gold on either side. The people who attended weren’t allowed to leave until they were given fresh lentils from the granary, and fresh wine from the press etc.
From the Medrash it would seem that they ate on the streets and marketplaces. Unless, we say that during the chasunah there were so many people in attendance, that it was no longer considered a marketplace, rather, the place turned into one big banqueting hall.
R’ Zilberstein (Chasukei Chemed, Yoma 38a) discusses a shailah based on a Tosfos Yom Tov in Ma’aser Sheini. The Tosfos Yom Tov (Perek 3) says: בשר אין רגילי ן לאכול תחת אילן שהוא עומד באויר השמים אבל פ ירות ושאר דברים שאינו בשר רגילין לאכול באויר שמים תחת אילן - “It wasn’t common to eat meat under a tree which was in the open under the heavens, however, fruit and other foods, it was common to eat out in the open under a tree”. In light of the above, R’ Zilberstein asks, if it is fitting to eat by a chasunah seudah which is taking place in a big garden, where people sit under trees and eat meat under the open skies?
In his Teshuvah he quotes R’ Meir Arik who asks on the Tosfos Yom Tov from Avraham Avinu, who we find gave his guests meat to eat under a tree, and it says in the pasuk that “they sat down and ate”.
R’ Meir Arik answers the Tosfos Yom Tov based on the Zohar (Vayera 102, 2) which says that the tree of Avraham Avinu was able to check who served the Ribbono Shel Olam and who served avodah zorah. If the tree would spread its wings (branches) downward it was a sign that the person under it served and believed in the Ribbono Shel Olam, if however, its wings (branches) faced upwards, it was a sign of the exact opposite. By the malochim the tree presumably spread its branches downwards, therefore, it was like a house, and its ok to eat meat inside a house.
We are referring to a passenger who wants to eat, and not the driver. Whilst one is driving it’s forbidden to eat, and doing so is sakonas nefoshos. In Madanay Shlomah (pg. 57, ois 12) it’s brought down that R’ Shlomah Zalman Auerbach was once asked if it’s ok to make a berachah whilst driving, or are we worried that he won’t be able to have proper kavonah. R’ Shlomah Zalman answered: “It’s obvious that he can’t make a berachah, doing so is sakonas nefoshos”.
