Eating out at a side walk restaurant

Dear Rabbi We are on a trip in Europe and we have this problem that we once learned that one may not eat in public, so does that mean we can't eat our sandwiches or eat out at a sidewalk restaurant, is this called eating in public?

Thank you for your question.

This is a very practical Halacha, especially during the holidays when one goes out for day trips and sometimes we bring sandwiches along or eat out at a restaurant on the side walk, so it’s important we learn how we can align this with Halacha.

Let’s start by studying the source of this Halacha:

תלמוד בבלי מסכת קידושין דף מ עמוד ב

ת"ר: האוכל בשוק - הרי זה דומה לכלב; ויש אומרים: פסול לעדות. אמר רב אידי בר אבין: הלכה כיש אומרים.

The Talmud tractate Kiddushin (page 40b) writes that a person who eats in the marketplace, acts like a dog, and some even say he is not accepted as a valid witness in the Jewish courts.

The Halacha follows the more stringent opinion, and the Shulchan Aruch (Choshen Mishpat - Siman 34 Se'if 18) writes that such a person is not a valid witness. We see that it is considered quite a stringent Halacha, and one might ask, what does eating in the marketplace have to do with being a valid witness?

Rashi (ibid) explains that eating in the marketplace in front of people shows that he does not care to embarrass himself in public, therefore, he would not be embarrassed to lie in court either, since he has proven that he has no self-respect.

Tosafot (ibid) writes in the name of Rabbeinu Tam that this Halacha of disqualifying a person from being a valid witness is only when one eats a meal with bread. Nevertheless, any eating food in public is still considered disrespectful. Especially a person who is considered a God-fearing Torah Jew. However, one does not get disqualified as being valid witness by such an act.

So, if a person wants to eat a meal with bread, like in a restaurant that is on the sidewalk or even on a bus, one is eating a meal in front of people, so would it be prohibited according to the above Halacha?

Le'halacha, we say that since one is in a place that is designated for eating, like a closed-off area of the sidewalk, then this won't be considered as eating a meal in the marketplace.

The source of this Halacha is actually from a remote Mishnah in Hilchos Ma'asrot (we see from this, how all the Torah is really very much connected!). Perek 3 Mishnah 5:

משנה מסכת מעשרות פרק ג משנה ה

איזוהי חצר שהיא חייבת במעשרות?…..רבי נחמיה אומר כל שאין אדם בוש מלאכול בתוכה חייבת

Regarding the Halacha of Ma'asrot, it is written ביערתי הקודש מן הבית (Devarim 26:13), we learn from this verse that only when the produce enters one's house, that is when the crop will become forbidden to eat until one separates the appropriate ma'asrot.

Rabbi Nechemia adds that not only does it have to have entered the house of the owner, even when one brings the produce to the courtyard to a place one is comfortable eating there, this is also considered as being like a house, and therefore the produce will also become prohibited to eat until one separates the ma'asrot from the produce.

We see from this that one may eat outside the house, provided it is in a place that is generally accepted for eating, where one would not be embarrassed to eat since it is recognized as an area or place suitable for eating.

Therefore, a picnic in a park, a restaurant on the sidewalk, or eating at the beach, or even on a bus, are all acceptable. However, eating on a bus would depend if it is an intercity bus, then it is a place fitting to eat. however, if it is a local bus, then one should not eat a meal on such a bus since it is for short distances, it is not considered a place where one would feel comfortable to eat at.

Wishing you well.

tractate kiddushin (page 40b)

Rashi Ibid

Tosfot Ibid

Shulchan Aruch Choshen Mishpat - Siman 34 Se'if 18

Mishnayos Ma'asrot. Perek 3 Mishnah 5