The Mitzvah to make a fence around one’s roof -Part 1-General rule and reasons

Q&A

When is the fence to be built; during construction of the home, or only after moving in?[9]

Some Poskim[10] understand that the fence is to be built on the roof immediately during the construction process, and one is not to wait until one moves into the home and begins using the roof to build the fence. Other Poskim[11], however, rule that it is to only be built after one actually moves into the home and begins making use of the roof, and becomes obligated to fence it, and so is the Rebbe opinion.

May a fence be built around one’s roof on Chol Hamoed?

It is permitted for one to build a fence around his roof on Chol Hamoed in an unprofessional manner [i.e. Maaseh Hedyot].[12] [Some Poskim[13] rule that only if the roof is not Halachically obligated to be fenced, such as if it is not commonly used, and one simply desires to do so for extra protection, than it is to be built in an unprofessional manner. However, if the roof is obligated according to Torah law in having a fence put around it, then that the fence may be built even in a professional manner on Chol Hamoed. Practically, all fences are to be built in an unprofessional manner during Chol Hamoed, even if the roof is obligated to be fenced.[14]]

May a person stand on a roof that does not contain a guardrail or fence?[15]

Yes. The entire obligation is merely on the owner to build a fence on top of his roof and does not extend to any individual who goes onto the roof. Accordingly, there is no issue with one going onto roof that is not have a fence even if it is obligated to have one and the owner has yet to put it up. For this reason, there is also no prohibition against climbing up a tree or ladder, even to a very high area.

The reason for the command-A decree of the verse, or a logical safety precaution?

From some Poskim[16] it is evident that the obligation to build a fence around one’s roof is an intrinsic obligation without logic or reason and is not dependent on the level of danger that the roof poses. Thus, for example, they rule that due to a scriptural exclusion, the commonly used roof of a barn or synagogue is not obligated in being fenced, even though it’s level of danger is no different than the roof of a home.[17] Likewise, they imply that even a not commonly used roof of a house is obligated in being fenced.[18] According to this understanding, it is understood why a blessing is recited upon building the fence, even though in general a blessing is never recited by safety precautions, as the building of the fence is an intrinsic and independent command irrelevant of the aspect of danger.[19] Likewise, according to this understanding, it is understood why there is both a positive and negative command involved in this Mitzvah, with the positive command being to build a fence, and the negative command being to not spill blood, even though in general we never list the reason behind a command as a separate Mitzvah.[20] The reason for this is because indeed there are two aspects in the Mitzvah of building a fence on one’s roof, the first being an intrinsic command to build a fence irrelevant of the danger, and the second being to prevent danger.[21] However, from other Poskim[22], including the rulings of Admur, it is evident that the two matters are connected, and that the obligation of fencing one’s roof is due to the level of danger it poses to a person falling off, and hence whenever this danger does not apply the obligation also does not apply, and whenever the danger applies then the obligation applies, irrelevant as to whether it is the roof of a building or synagogue or home. Nonetheless, even according to the latter approach, one must conclude that the Mitzvah of making a fence to prevent danger is a unique and intrinsic command, and scriptural decree, irrelevant of the issue of danger, as it is possible for one to dismiss the danger by simply lowering the height of the roof, or making it unusable, and nonetheless the Torah commands one to specifically make a fence.[23]

The Kabbalistic meaning behind the mitzvah of building a fence around one’s roof:[24]

The physical command to build a fence around one’s roof derives from the supernal fence that is found around the roof of each of the spiritual world. Each the four spiritual worlds of Atzilus, Beriyah, Yetzirah and Assiyah, contains a roof, between it and its previous world, and these roofs each have a spiritual fence. For example, the ground of the world of Atzilus serves as the roof of the world of Beriyah. The purpose of the fence is to prevent the divine light and revelations of the previous world from falling into the world below it, which can cause a catastrophic destruction of the world and death to the Divine revelations that fall, similar to what already occurred in the world of Tohu with Sheviras Hakeilim. Thus, for example, fence around the roof of the world of Beriyah is there to prevent the divine revelation of the world of Atzilus from falling into Beriyah, which would cause their automatic death.

The Chassidic lesson:[25]

The Divine lesson that can be derived from the Mitzvah to build a fence around one’s roof, is the need for one to make fences around his mundane activities so they don’t lead him to fall into sin. Thus, for example, one who goes out to work after starting his day in prayer and Torah study, needs to make for himself a fence in his work environment which prevents him from being incited to transgression, whether in monetary matters, or matters that pertain with the opposite gender. Likewise, whenever one starts a new job, he must make for himself a fence, so he does not come to stumble. The fence needs to be ten Tefachim high which represents that it penetrates all of one’s ten soul powers.[26] Likewise, when a person gets married and becomes deeply involved in material matters, he must make himself a fence and guard rail to prevent him from falling into the trap of temptation to lead a material life deserting his spiritual values. Through making this fence and guard rail one will reach a much higher level then he was before the marriage.[27] Another lesson that can be derived from this command is that one needs to make a fence around one’s “roof” which refers to one’s haughtiness and arrogance in order to prevent not only one’s own downfall, but also the downfall of others which can be negatively affected with one’s arrogance. This obligation applies even to the roof of the Temple, which corresponds to one’s spiritual activities and accomplishments which one may think earn him bragging rights and require arrogance and pride, as even arrogance due to spiritual matters requires a fence.[28]