Chazarat HaShatz and Building a Fence Around One's Roof: Difference between pages

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Chazal instituted that after a minyan prays Shemona Esreh the Shaliach Tzibbur should repeat Shemona Esreh aloud. <ref>S"A 124:1</ref>Although the reason Chazal instituted this practice was in order to fulfill the obligation of those who didn't know how to say Shemona Esreh on their own, this practice is still an obligation for a minyan of people who are all capable of saying Shemona Esreh themselves.<ref>S"A 124:3, Yalkut Yosef 124:1</ref> During the Chazarat HaShatz, the Cohanim perform the mitzvah of [[Birkat Cohanim]] which is discussed on its own page.
==Obligation==
==Practices during Chazarat HaShatz==
# There is a positive Torah command to build a fence on the roof of a house that’s used for living.<ref> Based on the pasuk Devarim 22:8 כִּ֤י תִבְנֶה֙ בַּ֣יִת חָדָ֔שׁ וְעָשִׂ֥יתָ מַעֲקֶ֖ה לְגַגֶּ֑ךָ, Sefer Hachinnuch 546, Rambam Sefer Hamitzvot Aseh 184, Sefer HaMitzvot Hakatzar of the Chofetz Chaim 77, Kitzur S"A 190:1 </ref>  
# When the Shaliach Tzibbur is saying Chazarat HaShatz, the congregation should listen and answer Amen. If there's not a minyan of people answering Amen it is like the Brachot that the Shaliach Tzibbur is saying are Brachot Levatala.<ref>S"A 124:4, Kitzur S"A 20:2</ref>
# The fence on the roof must be ten [[Tefachim]] (86 centimeters) and strong enough so it would prevent someone from falling. <Ref> S”A C”M 427:5, Kitzur Shulchan Aruch 190:1 </ref>
# Some say that the congregation should stand during the Chazarat HaShatz. Some have the practice to sit.<ref>Rama 124:4 writes that some say one should stand during Chazarat HaShatz. Kitzur S"A 20:1 writes that for someone for whom it is easy to stand should stand just as if one was actually saying Shemona Esreh oneself. See Mishna Brurah 124:20 who writes that the earlier practice was to listen to Chazarat HaShatz standing so that it was like one is actually praying through Shomea KeOneh, however, because of our sins in our days people do whatever they like and some sit. </ref>
==Which Roofs?==
# According to the Sepharadic custom, at the beginning of the Chazarat HaShatz, the Shaliach Tzibur should say the pasuk "Hashem Sefatay Tiftach ..." aloud. According to the Ashkenazic custom, at the beginning of the Chazarat HaShatz, the Shaliach Tzibur should say the pasuk "Hashem Sefatay Tiftach ..." softly. <ref> Yalkut Yosef 124:1. </ref>
# Any flat roof requires a [[maakeh]] (a three-foot wall to keep  people from falling off), even if people only walk on the roof occasionally. <ref> Sh"t Rivivot Ephraim 1:35 </ref> A roof that is not used does not need a roof.<ref> Kitzur S"A 190:1 </ref>  
# According to Sephardim, when one hears Hashem's name in a Bracha one should answer "Baruch Hu UBaruch Shemo".<ref>S"A 124:5</ref>
# Shuls and Batei Midrash are exempt from putting a fence on the roof since these buildings aren’t meant for living. <Ref> S”A C”M 427:3 based on gemara chullin 136a </ref>
# Those who wear [[Tefillin]] of Rashi and Rabbenu Tam should not take off their [[Tefillin]] of Rashi and put on the [[Tefillin]] of Rabbenu Tam during Chazarat HaShatz. <ref>Kitzur S"A 20:1</ref>
# Some say that there’s no obligation for a slanted roof. <Ref> See Mishneh Halachot 4:243, Yalkut Yosef (Chupah VeKiddushin pg 669) </ref>
==Practices of the Shaliach Tzibur==
# A building used for storage or animals doesn’t require a fence on the roof. <Ref> S”A C”M 427:1, Kitzur Shulchan Aruch 190:1 </ref>
# The Shaliach Tzibur should not start the next bracha until the majority of the congregation finished answering amen. <ref>Kitzur S"A 20:3</ref>
==Other Things==
==If the Shaliach Tzibur made a mistake==
# If one has a pit in one's property one must erect a fence of ten [[Tefachim]] around it or cover it up so that someone doesn't fall in.<ref>Kitzur Shulchan Aruch 190:1</ref>
# If the Shaliach Tzibur made a mistake during his silent Amida which would entail repeating his Amida, such as, forgetting to say "Yaale VeYavo ..." on Rosh Chodesh, he should not go back and repeat his silent Amida. Rather, he should continue with the Chazarat HaShatz, and when he comes to the point where he made a mistake, he should have in mind to fulfill his obligation. <ref> Yalkut Yosef 124:8. </ref>
# Some say that a window that can be opened and is situated less than ten [[Tefachim]] from the floor requires a fence outside of it,<ref>[http://www.otzar.org/wotzar/book.aspx?155405&pageid=P0034 Emek Beracha page 34], [https://www.yutorah.org/lectures/lecture.cfm/906667/rabbi-hershel-schachter/bava-kamma-6-nizkei-avadim-bor-meinekes-maakah-peshia-ones-ones-gamur-garmi-rav-tendler-s-class-rav-shteinman-stories/ Rav Hershel Schachter (Bava Kamma 5778-9 #6)]</ref>, as a child could innocently open the window and fall out. Although others disagree Halachically,<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=337 Shu"t Machazeh Eliyahu vol. 1 Siman 121:1-2] claims that either because as long as the walls of the room indicate clear limits of one's walkable range, there can be "holes" in the Maakeh or because the window is narrow enough for one to grab on to the sides if he falls, that the Emek Beracha is incorrect.</ref> some admit that one should for safety reasons install a fence of some sort without a Bracha.<ref>Shu"t Teshuvot veHanhagot vol. 1 Siman 848. He quotes Rav Chaim Kanievsky who claims the Chazon Ish disagreed with the Emek Beracha. Indeed, the Steipler ([http://www.hebrewbooks.org/pdfpager.aspx?req=50076&st=%D7%96%D7%9B%D7%95%D7%9B%D7%99%D7%AA&pgnum=35 Mezuzah uMaakeh, Hilchot Maakeh Seif 31]) claims he heard the Chazon Ish say so himself. See also [http://www.otzar.org/wotzar/book.aspx?22807&pageid=P0289 Yevakesh Torah (Shulchan Aruch) Siman 118]</ref> Some even recommend always installing locks on windows that are even above ten [[Tefachim]] in homes with small children.<ref>Shevet HaKehati (vol. 4 Siman 311:1-2), Yalkut Yosef (Sova Semachot vol. 1, Ketzat MeHilchot Maakeh 24)</ref> Moreover, some say that glass itself can never be used for a fence,<ref>[http://www.otzar.org/wotzar/book.aspx?155405&pageid=P0034 Emek Beracha page 34]</ref> as it doesn't fulfill the Rambam's definition of being able to sustain the pressure of someone leaning on it, but others disagree, since thick glass walls do fit that definition.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=337 Shu"t Machazeh Eliyahu vol. 1 Siman 121:1-2], Aruch HaMishpat Siman 427 page 32</ref>
# If the Shalich Tzibur mistakenly forgot to say Kedusha in the Chazarat HaShatz, as long as he remembered before finishing the Beracha of Ata Kadosh he may go back, recite Kedusha, and continue again with "Ata Kadosh." <ref> Yalkut Yosef 124:10 </ref>  
# If the Shalich Tzibur mistakenly skipped the Beracha of Ata Kadosh and finished the Beracha of Ata Chonen, he may still go back, recite Ata Kadosh, and continue again with Ata Chonen. <ref> Yalkut Yosef 124:11 </ref>  


==When to start Chazarat HaShatz==
==Beracha==
# Some say that if the Shaliach Tzibbur is ready to start the Chazarat HaShatz and there's someone praying behind him, it's permitted to take the three steps back before beginning Chazarat HaShatz. <ref>Avnei Yishpeh 5:15</ref>However, some say that one should say Aseh HaShalom without taking the three steps back until after Chazarat HaShatz. <ref>Halichot Shlomo (Tefillah pg 289) </ref>
# The beracha of Asher Kidshanu Bimitzvotav Vitzivanu Laasot [[Maakeh]] is recited when building the fence. <ref> Rambam [[Berachot]] 11:8 </ref>  
# If there's minyan of ten people and one person is praying a lengthy silent Shemona Esheh, it's preferable to wait for him, however, if there are needs such as if the minyan will separate or if it's a bother to congregation to wait, they may begin Chazarat HaShatz even though one is still saying Shemona Esreh.<ref>Tzitz Eliezer 12:9</ref>
 
==References==
==Links==
<references/>
* Article on [http://www.yutorah.org/lectures/lecture.cfm/740334/rabbi-josh-flug/ma-akeh-the-mitzvah-to-build-a-fence-around-one-s-roof/ Ma'akeh: The Mitzvah to Build a Fence Around One's Roof] by Rabbi Josh Flug
* [https://www.star-k.org/articles/articles/1215/good-fences-make-good-home-owners/ GOOD FENCES MAKE GOOD HOME OWNERS] (Star-K)
* [https://www.star-k.org/articles/kashrus-kurrents/5295/insights-from-the-institute-8/ INSIGHTS FROM THE INSTITUTE] (Star-K)
 
==Sources==
<References/>
[[Category:Between Man And His Fellow]]

Revision as of 19:59, 5 September 2018

Obligation

  1. There is a positive Torah command to build a fence on the roof of a house that’s used for living.[1]
  2. The fence on the roof must be ten Tefachim (86 centimeters) and strong enough so it would prevent someone from falling. [2]

Which Roofs?

  1. Any flat roof requires a maakeh (a three-foot wall to keep people from falling off), even if people only walk on the roof occasionally. [3] A roof that is not used does not need a roof.[4]
  2. Shuls and Batei Midrash are exempt from putting a fence on the roof since these buildings aren’t meant for living. [5]
  3. Some say that there’s no obligation for a slanted roof. [6]
  4. A building used for storage or animals doesn’t require a fence on the roof. [7]

Other Things

  1. If one has a pit in one's property one must erect a fence of ten Tefachim around it or cover it up so that someone doesn't fall in.[8]
  2. Some say that a window that can be opened and is situated less than ten Tefachim from the floor requires a fence outside of it,[9], as a child could innocently open the window and fall out. Although others disagree Halachically,[10] some admit that one should for safety reasons install a fence of some sort without a Bracha.[11] Some even recommend always installing locks on windows that are even above ten Tefachim in homes with small children.[12] Moreover, some say that glass itself can never be used for a fence,[13] as it doesn't fulfill the Rambam's definition of being able to sustain the pressure of someone leaning on it, but others disagree, since thick glass walls do fit that definition.[14]

Beracha

  1. The beracha of Asher Kidshanu Bimitzvotav Vitzivanu Laasot Maakeh is recited when building the fence. [15]

Links

Sources

  1. ↑ Based on the pasuk Devarim 22:8 כִּ֤י תִבְנֶה֙ בַּ֣יִת חָדָ֔שׁ וְעָשִׂ֥יתָ מַעֲקֶ֖ה לְגַגֶּ֑ךָ, Sefer Hachinnuch 546, Rambam Sefer Hamitzvot Aseh 184, Sefer HaMitzvot Hakatzar of the Chofetz Chaim 77, Kitzur S"A 190:1
  2. ↑ S”A C”M 427:5, Kitzur Shulchan Aruch 190:1
  3. ↑ Sh"t Rivivot Ephraim 1:35
  4. ↑ Kitzur S"A 190:1
  5. ↑ S”A C”M 427:3 based on gemara chullin 136a
  6. ↑ See Mishneh Halachot 4:243, Yalkut Yosef (Chupah VeKiddushin pg 669)
  7. ↑ S”A C”M 427:1, Kitzur Shulchan Aruch 190:1
  8. ↑ Kitzur Shulchan Aruch 190:1
  9. ↑ Emek Beracha page 34, Rav Hershel Schachter (Bava Kamma 5778-9 #6)
  10. ↑ Shu"t Machazeh Eliyahu vol. 1 Siman 121:1-2 claims that either because as long as the walls of the room indicate clear limits of one's walkable range, there can be "holes" in the Maakeh or because the window is narrow enough for one to grab on to the sides if he falls, that the Emek Beracha is incorrect.
  11. ↑ Shu"t Teshuvot veHanhagot vol. 1 Siman 848. He quotes Rav Chaim Kanievsky who claims the Chazon Ish disagreed with the Emek Beracha. Indeed, the Steipler (Mezuzah uMaakeh, Hilchot Maakeh Seif 31) claims he heard the Chazon Ish say so himself. See also Yevakesh Torah (Shulchan Aruch) Siman 118
  12. ↑ Shevet HaKehati (vol. 4 Siman 311:1-2), Yalkut Yosef (Sova Semachot vol. 1, Ketzat MeHilchot Maakeh 24)
  13. ↑ Emek Beracha page 34
  14. ↑ Shu"t Machazeh Eliyahu vol. 1 Siman 121:1-2, Aruch HaMishpat Siman 427 page 32
  15. ↑ Rambam Berachot 11:8
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