Building a Fence Around One's Roof: Difference between revisions
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==Obligation== | ==Obligation== | ||
# There is a positive Torah command to build a fence on the roof of a house that’s used for living | # 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> | ||
# 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 | # 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]] |