[Avodah] Is it permissible to eat while walking outside through a marketplace?

[Prof. L. Levine]

>From today's OU Kosher Halacha Yomis


Q. Is it permissible to eat while walking outside through a marketplace?

A. The Gemara (Kidushin 40b) states, “One who eats in a marketplace is like a dog. Some say he is ineligible to testify in court. Rav Idi Bar Avin said, the halacha follows ‘Some say’ (that such individuals may not bear testimony).” The Rambam (Hilchos Eidus 11:5) and Shulchan Aruch (CM 34:18) both rule in accordance with Rav Idi Bar Avin.

To many people, eating in a marketplace might seem benign, and therefore, the comparison to a dog appears extreme. In truth, the Torah demands high levels of refinement from human beings who are created bitzelem Elokim (in the image of G-d), and these statements of Chazal should be appreciated in this light. Presumably, the comparison to a dog is because dogs are not shy in their eating habits, and they pounce upon food wherever they find it. Human beings are not animals, and the consumption of food should be done with dignity and finesse. A person who conducts himself “like a dog” compromises his tzelem Elokim. Contemporary culture has broken many barriers of decency and studying these halachos serves to strengthen our sensitivity.

Even so, the invalidation of such an individual from being a witness is difficult to comprehend. The great twelfth century posek, Rav Yoseph Ibn Migash, writes (Teshuva 159) that one who eats in the market does not violate any specific Torah law. If so, why is this person excluded from giving testimony. Rashi addresses this issue (Kidushin 40b) and explains that a person who acts in this manner cares little about personal dignity and will not be concerned about becoming an eid posul (an invalidated witness) if he commits perjury. It appears from Rashi that the presumed integrity of a witness is based on the natural embarrassment that a person might experience if labeled an eid posul. One who degrades himself in public is shameless and cannot be trusted to testify. Rav Yoseph Ibn Migash notes that this invalidation of a witness is not limited to eating in the marketplace but includes any other public display of strange or embarrassing behavior.

The Yerushalmi (Maseros 3:2) relates that Rebbi Elazar bar Rebbi Shimon was eating in the marketplace and Rebbi Meir stopped him and told him that such behavior was unbefitting of a talmid chacham. Poskim ask that this implies that only a talmid chachom must avoid such activity. This would appear to contradict the Talmud Bavli (the Gemara in Kidushin quoted above) which implies that eating in the market is inappropriate for everyone. Poskim offer various responses. The Shulchan Aruch (Choshen Mishpat 34:18, see Sema ibid. 44) follows the opinion that the Yerushalmi is discussing eating in a side area of the market, where there are only a few people. Only a talmid chochom is restricted from doing so. On the other hand, the Bavli is dealing with eating in the central area of the market where everyone can see him. Everyone is restricted and becomes ineligible to testify in court if they eat in this manner. (To be continued.)

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