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Building a Fence Around One's Roof: Difference between revisions
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Building a Fence Around One's Roof (view source)
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==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> | ||
# 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, they agree 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 [www.otzar.org/wotzar/book.aspx?22807&pageid=P0289 Yevakesh Torah (Shulchan Aruch) Siman 118]</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> | # 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, they agree 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 [www.otzar.org/wotzar/book.aspx?22807&pageid=P0289 Yevakesh Torah (Shulchan Aruch) Siman 118]</ref> Some even recommend one always installing locks on windows even above ten [[Tefachim]] in homes with small children.<ref>[www.otzar.org/wotzar/book.aspx?50960&pageid=P0209 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> | ||
==Beracha== | ==Beracha== | ||
