Eating in the Marketplace

Some interesting questions and answers regarding eating in the marketplace (“shuk”) that are likely to arise during bein hazmanim. The questions are from R’ Chaim Malin and the answers from R’ Yitzchok Zilberstein:

The Gemara in Kiddushin (40b) teaches:האוכל בשוק דומה לכלב ופסול לעדו ת – “if one eats in the marketplace he is acting like a dog and, he is disqualified from giving eidus [testimony].

Part 1

1. Does this apply if one eats by the seaside?
   One may be lenient and eat there, as it is not a marketplace, and it is normal to eat there. He adds: Swimming in the sea makes one tired, and to regain strength it is normal to eat, therefore, eating in such a place doesn’t disqualify one from giving eidus. However, it’s not fitting for a Talmud Chocham to eat there.
2. When there is a group of men or bochurim going for a hike together, may they eat candy and other sweet foods whilst walking around, when they are on routes that other people travel on as well (besides for the issue of eating whilst standing Gittin 70a)?
   It's forbidden to eat in such a situation
3. Is it ok to eat in a park or public garden?
   If there is a picnic corner and it’s normal to eat there, then yes, otherwise no. However, for young children one may be lenient everywhere.

Part 2

1. Is drinking included in the prohibition of eating in the marketplace? Especially in the summer when one is very thirsty and is desperate to have a drink in the street?
   One is allowed to drink water in the street, as there is a great need and it’s potentially dangerous not to. The onlookers will also not think too badly about him, as they will assume he is just very hot and desperate for a drink. The Rambam (Hilchos De’as 5:2) already writes that a Talmid Chocham may eat in the marketplace if there is a great need.
2. What about drinking in the winter, when it is less likely that there is any danger involved?
   There is no difference, as even in the winter one could be in need of a drink.
3. Is the heter to drink in the street only when drinking in a dignified manner, i.e. from a cup, or may one drink also directly from a bottle?
   Since the heter is because it could lead to danger, even if one can’t drink in a dignified manner, it’s still allowed.
4. May one be lenient to drink a cup of slush as well?
   Ideally this should be avoided. If there is no other option, then one may drink slush as well. However, those who drink ice coffee or slush on the street just for the chill are doing something wrong.

Part 3

1. May one eat ice pops, ice-lollies etc. on the street?
   No, it’s worse than just a regular cup of water and is disgraceful, and unless this is the only option it should be avoided.
2. May one suck candy which people can’t see?
   One may be lenient, however, regarding chewing gum and bubble gum on the street, it is very degrading and lowly, especially as everyone can see that one is chewing on something. Therefore, although one may suck candy, he shouldn’t chew chewing gum or bubble gum on the street.
3. May one be lenient at night, when the streets are empty?
   No!
4. Is there any difference between a marketplace, and a side street?
   In the times of Chazal, the marketplaces were busy and the streets were quiet, however, nowadays all streets are just as busy as the marketplace, as there are stores everywhere. Consequently, since there are people on the streets as well, it’s forbidden to eat there.
5. Should one protest if he sees someone eating in the street (If one knows he will listen)?
   Although it’s not a clear issur, it’s a halachah in Hilchos Derech Eretz, and Hashem doesn’t want people eating on the streets, therefore, one should protest.