Building a Fence Around One's Roof: Difference between revisions

From Halachipedia
m (Text replacement - "S"A" to "Shulchan Aruch")
No edit summary
Line 1: Line 1:
==Obligation==
==Obligation==
# 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 Hatatzar of the Chofetz Chaim 77 </ref> however, 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>
# 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>  
# 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>
==Which Roofs?==
==Which Roofs?==
# 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>  
# 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>  
# 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>
# 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>
# 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 there’s no obligation for a slanted roof. <Ref> See Mishneh Halachot 4:243, Yalkut Yosef (Chupah VeKiddushin pg 669) </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>
# 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>
==Other Things==
==Other Things==
# 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 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>
==Beracha==
==Beracha==
# The beracha of asher kidshanu bimitzvotav vitzivanu laasot [[maakeh]] is recited when building the fence. <ref> Rambam [[Berachot]] 11:8 </ref>  
# The beracha of Asher Kidshanu Bimitzvotav Vitzivanu Laasot [[Maakeh]] is recited when building the fence. <ref> Rambam [[Berachot]] 11:8 </ref>  
 
==Links==
* 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


==Sources==
==Sources==
<References/>
<References/>
[[Category:Between Man And His Fellow]]
[[Category:Between Man And His Fellow]]

Revision as of 15:29, 24 June 2016

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]

Beracha

  1. The beracha of Asher Kidshanu Bimitzvotav Vitzivanu Laasot Maakeh is recited when building the fence. [9]

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. ↑ Rambam Berachot 11:8
Retrieved from "http://localhost:80/index.php?title=Building_a_Fence_Around_One%27s_Roof&oldid=18438"