From the Rav’s Desk: Shaalos Veteshuvos on Choshen Mishpat

Question:

Is a slanted roof exempt from requiring a fence around its parameter to prevent people from falling? I know that there is a command to place a fence around the roof of one’s home, and my questions regarding whether this applies also to a slanted roof.

Answer:

A slanted roof is not intrinsically exempt from a fence and it all depends on its usage. If due to the slant its roof space is not commonly used for any purpose, not even mere sitting and walking, then there is no requirement to place a fence around a slanted roof. However, in the event that the slant of the roof is not that steep, and is hence used commonly for sitting walking or mere leisure, then obviously it would be included in the obligation of having a fence placed around its roof.

Sources: See regarding the exemption of placing a fence on slanted roofs [being that they are not commonly used]:  Implication of Admur Shemiras Guf Vinefesh Halacha 1 “our roofs today are exempt from requiring a fence” and many of the roofs in Russia at that times were slanted, and hence the above statement in  Admur seemingly refers to slanted roofs; Meiri Moed Katan 11a; Peas Hashulchan Hilchos Eretz Yisrael 2:27; Aruch Hashulchan 427:5; Torah Temima Ki Seitzei 22:8; Lehoros Nasan 2:112;  Likkutei Sichos 2 Parshas Ki Seitzei p. 89;  Otzer Halachos p. 184; See regarding the general exemption of placing a fence on roofs that are not commonly used: Admur Shemiras Guf Vinefesh Halacha 1; Smeh 427:2 and 5; Biur Halacha 540:1 based on Ritva “A roof which is not commonly used…is not obligated in a fence”; Kneses Hagedola C.M. 427:11; Rav Poalim Y.D. 2:36; Chazon Ish Likkutim 18:1 “Every roof which is not used is exempt from a fence”; Imreiy Yaakov Biurim 10:1 in negation of Maharam Shick and that so is implied from Shita Mekubetzes Bava Metzia 101b; See Imreiy Yaakov Biurim 10:1 and Biurim there in length; See Likkutei Sichos 19 Parshas Ki Seitzei 2 footnote 47; Other opinions: Some Poskim rule that even not commonly used roofs are obligated to be fenced, as in their opinion, the Torah obligation of building a fence around one’s roof has nothing to do with safety, but is rather an intrinsic requirement, and a Gezeiras Hakasuv, even if there is no chance that anyone will fall off, and even if no person will ever go onto the roof. [Maharam Shick on Taryag Mitzvos Mitzvah 547; See Imreiy Yaakov Biurim 10:1]

Asking a borrower to return a lent item prior to the return date

Question:

I lent someone a college textbook last week which I would like to have returned to me being that I plan on starting to learn from it. The individual who I lent it to told me that they are not yet finished studying from it, and that if they would’ve known that I would ask for it back so soon, then they would’ve ordered their own last week. They also said that in general when you lend someone an item they don’t have to return it for 30 days, and hence they want to keep it for one more week and will then return it when they’re finished the book. Who was in the right here? Does a borrower really have a 30 day right towards a borrowed item, or can I request it back?

Answer:

While it is true that, unless explicitly stated otherwise, money that was borrowed does not have to be returned until 30 days pass, nonetheless, this does not apply by lent objects. Thus, if a return date was never given to the borrower, then the lender retains the right to demand the item to be returned to them even within the 30 days. However, if a return date was agreed upon and a Kinyan was done, then the lender does not retain the right to ask for the item to be returned to him prior to that date. Accordingly, in your case, if no specific date of return was discussed between you and the person you lent the book to, then you may ask for the book to be returned, and they have no right to keep it any further. However, if they asked to borrow it for a two week period, and you agree to it, then you don’t retain the rights to demand its return within those two weeks.

Sources: Michaber C.M. 341:1 and 5; Tur C.M. 341; Rambam Sheila 1:5; Rebbe Elazar in Bava Metzia 99a; Tosefta Bava Metzia 8:11; Rosh Makos 1:4; Maggid Mishneh Sheila 1:5; Rashi Shabbos 148a; Ramban Shabbos 148a; Makos 3b; Rashba Shabbos 148a; Ran Shabbos 63a; Shach 341:1; Smeh 341:1; 73:5; Beir Hagoleh 341; Pischeiy Teshuvah 341:1; Urim Vetumim 73:4; Nesivos Hamishpat 341:1; Avnei Miluim 28:6; Meil Shmuel 43; Mishpitei HaChoshen 341:1; Pischeiy Choshen 9:3-6 See regarding having 30 days to return money that was borrowed unless stipulated otherwise: Admur Hilchos Halvah Halacha 17 and Kuntrus Achron Hilchos Mezia Upikadon 2; Michaber 73:1; Makos 3b; Smeh 73:5; 341:1; See regarding that this does not apply by a borrowed item: Smeh 73:5; 341:1; Chikrei Leiv 3:128 Other opinions: Rabbeinu Tam in Shabbos 148a and Chulin 110b;