Is a slanted roof exempt from requiring a fence?

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]

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