Eating Outside: Restricted Foods

Q. As noted, the Gemara (Kidushin 40b) states that those who eat in the marketplace are disqualified from testifying in court. Which foods are restricted?

A. The Beis Yosef( Choshen Mishpat 34) cites the opinion of Rabbeinu Tam that the restriction of eating in a market is limited to achilas keva (a bread-meal), but he does not accept this leniency. According to the Beis Yosef all types of foods are included. However, the Aruch Hashulchan (CM 34:18) rules like Rabbeinu Tam. The Aruch Hashulchan also accepts the lenient opinion of the Bach, that the prohibition of eating is applicable only if done on a regular basis, but not when done on occasion. However, the Bach writes that a talmid chacham should not walk and eat outside. The Bach writes that a talmid chacham should also not drink while walking outside in public.

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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.