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Chapter 3: Making a fence around one’s roof & pit[1]

כִּי תִבְנֶה בַּיִת חָדָשׁ וְעָשִֹיתָ מַעֲקֶה לְגַגֶּךָ וְלֹא תָשִֹים דָּמִים בְּבֵיתֶךָ כִּי יִפֹּל הַנֹּפֵל מִמֶּנּו”

“When you build a new home and make a fence for your roof, and you shall not spill blood in your home when the faller falls from it” [Devarim 22:8]

1. The general rule:

It is a positive command [in the Torah] for a person to make a fence [i.e. guardrail] on his roof [if the roof fulfills the criteria brought n B].[2] Anyone who leaves his roof [which fulfills the criteria to require a fence] without a fence has nullified a positive command [listed as one of the 248 positive commands[3]] and has transgressed a negative command [listed as one of the 365 negative commands[4]].[5] [One transgresses both of these commands every single moment that his roof which fulfills the criteria to require a fence is left without a fence, and a later building of the fence does not retroactively rectify the transgressions that already took place due to the delay.[6]] This negative command applies both for roofs and for anything else that poses a danger, and that a person can stumble on and die.[7] [By a roof, the negative command can be avoided by simply not owning a roof that requires a fence, or mending the roof or ground in a way that it does not require a fence, such as by elevating the ground so the roof is not ten Tefachim from the ground, or by making it slanted so it is not usable. However, the positive command to make a fence can only be fulfilled if one actually makes a fence.[8]]

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 a roof that does 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 of 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 than 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]

2. Which roofs are obligated in having a fence?[29]

Beis Dirah-A roof of a home which is commonly used:[30] A guardrail is only obligated to be established to a roof of a home which is used for living purposes [i.e. Beis Dirah][31], and which its roof space is commonly used [for any purpose, even mere sitting and walking[32]].[33] For this reason, our roofs today are exempt from requiring a fence being that it is not common anymore to use them.[34] [This applies not only to a slanted roof of a home but even by a flat roof home, being that it is no longer common for people to make use of it. A guardrail is not required even if one occasionally goes onto the roof, so long as it is not common enough to justify a worry of one falling off.[35] If, however, it was to be that an individual or family makes use of the roof, such as for hanging laundry, or as a storage area, or as a porch to sit and relax, then it is obligated in having a guardrail placed around its roof.[36] Some Poskim[37] rule based on the above regulation of “Beis Dirah” that only an actual home which is used for living purposes is obligated to have a fence placed around its roof. However, a structure or building which is not used for living purposes is never obligated to have a fence placed around its roof. Furthermore, the living quarters must be directly under the roof in order for the roof to be obligated in being fenced. If, however, the living quarters are one flight down while under the roof is an attic which is not used for living purpose then the roof is exempt from requiring a fence. Practically, most Poskim[38] negate this novel ruling and require a fence to be placed around all commonly used roofs irrelevant as to what the area under it is used for. Furthermore, even according to the former opinion, there exists an obligation to make some kind of guardrail to prevent children from falling off if it is commonly visited by children.]

A small home and roof-A house which is less than 4×4 cubits:[39] A guardrail is only obligated to be established to the roof of a home which contains a 4×4 Amos space [188 x 188 cm.[40]].[41] [It is disputed amongst the Poskim if both the length and width must contain a four Amah space, or if 4 square Amos suffices, to require a fence on the roof.[42] Practically, the main opinion follows that it is exempt[43], although one is to be stringent, and hence a fence is to be built without a blessing if there isn’t four Amos by both the length and the width.[44]]

A roof which is less than 10 Tefachim high:[45] A roof is only obligated to have a fence placed around it if it has a height of 10 Tefachim [i.e. 78 cm[46]] from above the ground. [Thus, a stool, or elevated surface, or trampoline which is less than 78 cm from the ground does not require a fence or guardrail.]

Exempt from Mezuzah: Some Poskim[47] rule that all homes which are obligated in a Mezuzah are also obligated to have a fence placed on their roof, while all homes which are exempt from a Mezuzah are likewise exempt from being obligated to have a fence placed on the roof.[48] Practically, we do not rule this way and the two matters are not connected, and hence even if a home is exempt from Mezuzah, it may be obligated in a fence, and the same applies vice versa.[49]

The roof of a Beis Midrash or Shul:[50] A Beis Midrash or Shul is not obligated to have a fence placed around its roof.[51] [If, however, it is commonly used by people, such as for social events, or for kids to play, then a fence is required.[52] Nonetheless, a blessing is not to be recited.[53] Thus the balcony of an Ezras Nashim must have a guardrail placed around it, without a blessing.[54]]

The roof of a barn or storage room:[55] A barn or storage room is not obligated to have a fence placed around its roof.[56] [If, however, it is commonly used by people, such as for social events, or for kids to play, then a fence is required.[57] Nonetheless, a blessing is not to be recited.[58]]

A roof which is lower than the public street:[59] A roof is only obligated to have a fence placed around it if it is higher than the ground. If, however, the public ground is higher than the roof that it does not require a fence.[60] [This means that we do not require him to place a fence by his roof until it reaches ten Tefachim above the public ground in order so a person does not fall onto his roof.[61] Likewise, the public is also not obligated to build a fence by the public ground to prevent a person from falling on the roof.]

A purchased home versus a newly built home:[62] Although the verse in Scripture explicitly states the command regarding a new home, “when you build a new home”, practically, the obligation applies even by an old home. Hence, a roof which fulfills the criteria mentioned above, is obligated to be fenced whether it was initially built by the owner or purchased by the owner.

Q&A If a non-commonly used roof is now decided to be commonly used, does it now become obligated in a fence?[63] Yes.   Indoor Balcony [i.e. Hallway of upper floor]:[64] The balcony of an upper floor which oversees the lower floor is Biblically obligated to have a wall or fence or guardrail of ten Tefachim placed around it so no one falls off. It is to be placed with a blessing. Porch or balcony-Is a porch or balcony obligated to have a fence or guardrail place around it?[65] Yes, and it is therefore to be placed with a blessing. A balcony that protrudes from the exterior of the building: Some Poskim[66] rule that a balcony which protrudes from the building and does not have any living quarters under it is not obligated to be fenced unless it is commonly visited by children in which case and even less than 10 Tefach fence suffices. Practically, we do not rule like this opinion, and hence a ten Tefach fence is to be built around even such balconies with a blessing.[67]   Ramp-Is a ramp which reaches a height of 10 Tefachim obligated to be fenced?[68] Some Poskim[69] rule that a ramp is not obligated to be fenced or have a guard rail placed on its side, even if the ramp eventually reaches a height of 10 Tefachim from the ground, as people are aware when they walk up a ramp that they must be careful not to fall off.[70] Other Poskim[71], however, rule that a fence is required even by a ramp. Practically, one is to be stringent to put up a fence without a blessing.[72] Stairs-Are stairs which reach a height of 10 Tefachim obligated to be fenced?[73] Some Poskim[74] rule that according to those who rule that a ramp is exempt from being fenced so too stairs are likewise exempt from being fenced or have a guard rail placed on their side. This applies even if the stairs eventually reach a height of 10 Tefachim from the ground, as people are aware when they walk upstairs that they must be careful not to fall off. Accordingly, we find many external stairs in Jerusalem that do not have a fence or guardrail.[75] Other Poskim[76], however, rule that even according to those opinions who exempt a ramp from being fenced, require stairs to be fenced.[77] Practically, one is to be stringent to put up a fence without a blessing.[78]   Windows-Must one place bars on one’s windows?[79] From the letter of the law, there is no intrinsic obligation due to the fencing command to place bars around one’s window to prevent people, such as children, from falling off, and so is the widespread custom to not be particular in this matter.[80] Nonetheless, one is strongly advised to do so especially if he does not live on the ground floor and there are children in the home who are used to climbing onto windows, in order to prevent a safety hazard as much as possible.[81] Windows which reach within ten Tefachim from the ground: Seemingly, if one’s windows reach within ten Tefachim from the ground, and certainly if they are ground windows, then bars are required to be placed around them unless they are not commonly opened.   Trampoline-Must a trampoline have a netting around it? Seemingly, from the letter of the law, there is no requirement for a trampoline to have a netting placed around it even if it is higher than 10 Tefachim from the ground.[82] Nonetheless, most trampolines today come with a surrounding netting as a safety feature to be extra cautious in preventing accidental falls, and while it is not obligatory, it is certainly advised. [With that said, all trampolines are viewed as potentially dangerous even if they contain a surrounding netting and account for approximately 300,000 annual injuries in children in the USA alone, some leaving permanent neurological damage, and hence the American Association of pediatrics strongly discourages their use due to risk of bruises, sprains, spinal cord damage, and bone breaks.[83]]   Climbing up a ladder and tree: There is no Halachic issue with climbing up a sturdy[84] ladder even to very tall heights, just as it is permitted for one to climb up a tree.[85] A hammock: It is permitted for one to set up, and lie on, a hammock which is above 10 Tefachim from the ground.[86]   A stage and the Bima of a Shul:[87] A stage or Bima of a Shul which reaches a height of 10 Tefachim from the ground, is ideally to have a guardrail of ten Tefachim high placed around it. Nonetheless, the custom is to be lenient in this matter and not make a guardrail which is ten Tefachim high. Practically, it is best to be stringent in this matter and place a ten Tefach guardrail [without a blessing].

3. Criteria of the fence and guardrail:[88]

Its minimum height-Ten Tefachim:[89] When a roof is obligated to have a fence or guardrail placed around it, the fence or guardrail must have a minimum height of 10 handbreadths [otherwise it is invalid and the Mitzvah is not fulfilled].[90] [The measurement of 10 Tefachim according to the general measurements of Rav Avraham Chaim Na’ah which measures 8.17 cm per Tefach, is 82 cm high.[91] However, regarding the Mitzvah of Meakah which is to prevent danger, Rav Na’ah concludes that one is to initially be stringent like the maximum and most stringent opinion regarding the measurement of the Tefach, and hence it should have a minimum height of 114.2 cm, and at the very least a height of 89 cm/35 inches.[92] Other Poskim[93], however, rule that one may even initially follow the measurement of 82 cm.]

Its strength and durability?[94] When a roof is obligated to have a fence or guardrail placed around it, the fence or guardrail must be strong enough to support a person who is leaning on it and will not fall [due to the weight].

A fence that contains holes:[95] There is no requirement for the fence to be a solid piece of material, and hence a fence which contains holes is valid, so long as no person can fall through the hole. Thus, it is valid to build a guard railing made up of close approximated bars around one’s roof, even though there is space between each bar, so long as they are in close enough proximity so a child cannot squeeze himself through.

Fence must surround entire roof:[96] The ten Tefach fence must surround the entire roof throughout all its sides for it to be valid to fulfill the Mitzvah.

How close to the edge of the roof must the guardrail be placed? There is no measured distance. So long as the area past the fence is not commonly used, it does not require its own fence. So, one can technically build a square fence in the middle of his roof, which prevents people going past that area, and the area past the fence is exempt from requiring its own fence being that it is not used.   Must one make the fence or guardrail more than 10 Tefachim if one fears children may climb up it or bring a chair to it and fall r”l? This matter requires further analysis. Practically, even if not obligatory, it is recommended.

 

4. Who is obligated to build it?

Owner versus public:[97] Only the owner [or renter] of the home is obligated in building a fence around its roof. If the owner did not build it, then no one else is obligated to do so [as it is not a community obligation].

Renter versus landlord:[98] By a rented home, the obligation[99] to build a fence around the roof falls upon the renter and not upon the landlord. [Thus, a Jewish renter is obligated to place a fence around the roof even if the home is rented from a Gentile.[100] Nonetheless, by a Jewish owner, some Poskim[101] retain that the Biblical obligation to build a fence remains upon him, and it is only the Sages who placed the obligation onto the renter.]

One who rents or borrows the roof of a home or building:[102] One who rents or borrows the rights to use the roof of a certain home or building, the obligation to build a fence falls upon him the renter or borrower, and not upon the owner of the home who gave him permission to use the roof.

Women:[103] The obligation to build a fence around one’s roof applies to both men and women.[104]

Gentile:[105] Gentiles are exempt from the obligation of building a fence around their roofs. Accordingly, some Poskim[106] rule that a Jew may not hire a gentile to build a fence around a roof which is Halachically obligated in being fenced. Other Poskim[107], however, rule that a gentile may do so on one’s behalf even though he himself is not obligated in the Mitzvah.

Cheresh, Shoteh, Vekatan: Some Poskim[108] rule that a child, deaf-mute, or mentally incapacitated individual, may not be hired to build a fence around a roof which is Halachically obligated in being fenced. Other Poskim[109], however, rule that they may build a fence on one’s behalf even though they themselves are not obligated in the Mitzvah.

Jointly owned roofs:[110] The joint owners of a home are obligated to place a fence on their roof.[111] [Thus, public buildings are obligated in having a fence on their roof if they are commonly used, as will be explained in B.]

Home owned by Jew and gentile:[112] If the roof is jointly owned by a Jew and Gentile, then some Poskim[113] rule that it is nevertheless obligated to have a fence placed around it. However, other Poskim[114] rule that since such a home is exempt from having a Mezuzah[115], it is therefore also exempt from the obligation of placing a guardrail around its roof. According to other Poskim[116] it is questionable whether it requires a guardrail. [Practically, a fence should be placed without a blessing.[117]]

Public property:[118] The public is not obligated to build a fence on top of their public buildings, or on the street or cliff so one does not fall off.[119]

5. Saying a blessing-Should a blessing be recited when building a fence around a roof:[120]

The general rule is that whenever one does something to remove danger, a blessing is not recited.[121] Despite this, when a roof is obligated to have a fence or guardrail placed around it, some Poskim[122] rule that a blessing is to be recited upon building the fence around one’s roof to prevent danger and fulfill the Mitzvah.[123] Other Poskim[124], however, rule that a blessing is never to be recited upon putting up a fence around one’s roof.[125] [Practically, the accepted practice is to say the blessing if the above conditions are fulfilled.[126]]

In what circumstance is the blessing to be said: The blessing is only to be recited if the roof is truly obligated in a fence, such as that it has a space of more than 4×4 Amos [196 x 196 cm.] and is commonly used, as stated above, and will be ten Tefach high and the roof does not already contain a ten Tefach high fence or wall.

When upon erecting the fence is the blessing to be said:[127] The blessing is to be said when the final part of the fence is erected.

The Nussach of the blessing:[128] The Nussach of the blessing is “Baruch Ata Hashem Elokeinu Melech Haolam Asher Kidishanu Bemitzvosav Vetzivanu Laasos Meakeh.”

Shehechiyanu: Some Poskim[129] rule the blessing of Shehechiyanu is to be recited upon performing a Mitzvah for its first time, and hence when a fence is being put up for the first time, the blessing of Shehechiyanu is to be recited.[130] However, other Poskim[131] argue that one never says the blessing of Shehechiyanu upon performing a new Mitzvah[132] and therefore no blessing is to be said upon putting up a fence for the first time.[133] Practically, the blessing of Shehechiyanu is not to be recited.

Q&A on blessing Is the blessing to be said even if a worker installs the fence?[134] The blessing is to be said by the owner of the home, even if it is installed by a worker, including a gentile.[135] In such a case, one is to explicitly appoint the worker as one’s emissary to fulfill the Mitzvah of  building the fence.[136] However, this only applies if the worker is paid by the day or hour.[137] If, however, he is paid for the job, then if he is a Jew, the Jewish worker is to say the blessing[138] [of Al Asiyas Meakeh[139]], and if he is a gentile, a blessing is not to be recited.[140]

6. Covering a pit or making a fence around it:[141]

The negative command against causing blood to spill in one’s home applies both to roofs and for anything else that poses a danger, and that a person can stumble on and die. Thus, one who has a pit [or well[142]] in his yard [or home] is obligated to make a barrier surrounding it, or alternatively to make a cover for it, in order so one not fall in it and die r”l.

The height of the fence:[143] The barrier must be a height of 10 handbreadths.

A pit filled with water:[144] The above obligation applies whether the pit is filled with water or not.

Is a blessing to be recited when building a fence around one’s pit [or swimming pool]?[145] Some Poskim[146] rule that a blessing is to be recited upon building a fence around one’s pit [or swimming pool]. [However, upon installing a cover to the pit, according to all opinions a blessing is not recited.[147]] Other Poskim[148], however, rule that a blessing is not to be recited upon building a fence around one’s it[149], and so is the implied opinion of Admur.[150] Practically, a blessing is not to be recited. A swimming pool:[151] Based on the above, it is an absolute biblical obligation included in the negative command for any person who owns a pool to build a fence around the pool to prevent people from accidentally falling in. [Seemingly, this applies even if one lives alone without children.] Alternatively, one can install a pool cover in the pool. Over the ground pool: An over the ground pool is not obligated in having a fence surrounding it or to have a cover, being that it is not a pit in the ground. Nonetheless, in a home was small children, care must be taken to make sure that the children do not have access to the pool.

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^[1] See Admur Shemiras Guf Vinefesh Halacha 1-3; Michaber C.M. 427:1-7; Sefer “Veasisa Meakah”; Likkutei Sichos 2 Parshas Ki Seitzei; Vol. 9 Parshas Ki Seitzei footnote 28; Vol. 19 Ki Seitzei 2; Likkutei Sichos Vol. 19 Ki Seitzei 2; Likkutei Sichos Vol. 24 Ki Seitzei 2;  Sefer Shemiras Haguf Vihanefesh [Lerner] 218:1; End of Hilchos Mezuzah-Bressman; Omitted from Tur; This is the last chapter in Shulchan Aruch!

[2] Admur Shemiras Guf Vinefesh Halacha 1; Michaber 427:1; Rambam Rotzeiach 11:1; Sefer Hamitzvos Rambam Asei 184;; Sifri Ki Seitzei 229; Semag Asei 79;Sefer Hachinuch Mitzvah 546

The scriptural source: As the verse [Devarim 22:8] states “And you shall make a fence for your roof.” [Admur ibid]

[3] Sefer Hamitzvos of Rambam Mitzvah 184; Chinuch Mitzvah 546

[4] Sefer Hamitzvos Rambam L.S. 298; Sefer Hachinuch Mitzvah 547

[5] Admur Shemiras Guf Vinefesh Halacha 3; Michaber 427:6; Rambam Rotzeiach 11:3; Sifri Ki Seitzei 229; Likkutei Sichos 2 Parshas Ki Seitzei

The scriptural source: As the verse [Devarim 22:8] states “Do not spill blood in your home.” [Admur ibid; Michaber ibid]

[6] Minchas Chinuch 546; See Imreiy Yaakov Biurim 10:1; 8.

^[7] Admur Shemiras Guf Vinefesh Halacha 3

[8] Likkutei Sichos 2 Parshas Ki Seitzei

[9] See Imreiy Yaakov Biurim 10:1

[10] Tzafnas Paneiach on Rambam Brachos 11:2; Terumos 4:2; Gidulei Kodesh Y.D. 285:1 that so rule some of the Rishonim that the obligation applies immediately upon building the house; Parshas Sedura on Miseches Mezuzah end of 58 based on Sifri Ki Seitzei which states to build it “Beshaas Chidusho,” which implies that the fence is to be built as soon as the roof is constructed even prior to moving into the home”; Likkutei Sichos 19 Parshas Ki Seitzei 2 based on Sifri Dibei Rav on Sifri  based on the word Chidusho; See also Likkutei Sichos Vol. 24 Ki Seitzei 2 footnote 10

[11] Imreiy Yaakov Biurim 10:1 that so is implied from the commentary of the Malbim on Sifri ibid that Chidusho refers to the time that one desires to move into the home, and that so is implied from the fact that one is not obligated to build a fence on a roof that is not commonly used, and hence how can the obligation apply prior to using the roof and moving into the home; Likkutei Sichos 19 Parshas Ki Seitzei 2 footnote 6 and Vol. 24 footnote 12 in name of Toldas Adam on Sifri and that the opinion of the Sifri is a Daas Yachid, and the Sages argue on it, and so is the Rebbe’s conclusion that the main opinion follows that the obligation does not apply upon construction.

[12] Michaber O.C. 540:1

[13] Biur Halacha 540:1 based on Ritva.

[14] Conclusion of Biur Halacha ibid based on Setimas Haposkim; See Imreiy Yaakov Likkutim 10:5

[15] Chazon Ish Likkutim 18:2; Imreiy Yaakov 10:8

[16] Maharam Shick on Taryag Mitzvos Mitzvah 547; Likkutei Sichos 2 Parshas Ki Seitzei that so is implied from Rambam; See Imreiy Yaakov Biurim 10:1; All Poskim in coming footnotes.

[17] Chazon Ish Likkutim 18:8; Implication of all Poskim who explain the exemption is scriptural due to it not being a Beis Dirah: Rashi Chulin ibid; Rambam Rotzeiach 11; Michaber ibid; Mabit 2:110, brought in Shach 427:1; See Imreiy Yaakov Biurim ibid

[18] Maharam Shick on Taryag Mitzvos Mitzvah 547; See Imreiy Yaakov Biurim 10:1

[19] See Minchas Chinuch 546; Likkutei Sichos 2 Parshas Ki Seitzei; Vol. 9 Parshas Ki Seitzei footnote 28

[20] See Sefer Hamitzvos of Rambam Shorshei Hamitzvos Shoresh 5

[21] Likkutei Sichos 2 Parshas Ki Seitzei

[22] Admur ibid; 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”; 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

[23] Initial approach in Likkutei Sichos 2 Parshas Ki Seitzei

[24] See Eitz Chaim Shaar Hamitzvos Parshas Ki Seitzei pp. 138-142; Eitz Chaim Vol. 2 p. 311 Heichal Zayin, Abiyah Shaar 42 chapter 14; Imreiy Yaakov Likkutim 10:1; Likkutei Sichos 2 Parshas Ki Seitzei

[25] The Rebbe dedicated many talks to the subject of the Mitzvah of making a fence to one’s roof and derived various Divine lessons from it.

[26] Likkutei Sichos Vol. 2 Ki Seitzei

Why a blessing is said over the fence: The blessing is necessary because the fence is in essence rooted higher than the person and for the person to draw it down, he needs special powers which are drawn below from above, which is represented by the blessing which is a Hamashacha. [Rebbe ibid]

[27] Likkutei Sichos Vol. 19 Ki Seitzei 2

[28] Likkutei Sichos Vol. 24 Ki Seitzei 2

^[29] Admur Shemiras Guf Vinefesh Halacha 1

[30] Admur Shemiras Guf Vinefesh Halacha 1; See Imreiy Yaakov Biurim 10:1 and Biurim there in length; See Likkutei Sichos 19 Parshas Ki Seitzei 2 footnote 47.

[31] Admur ibid; Michaber 427:5; Rambam Rotzeiach 11:1; Sifri Ki Seitzei 229; Levush 426:2

[32] Kneses Hagedola C.M. 427:11; Rav Poalim Y.D. 2:36

[33] Admur ibid; 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”; 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

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]

^[34] Admur ibid; Kneses Hagedola C.M. 427:11; Rav Poalim Y.D. 2:36

[35] Smeh 427:2; Imrei Yaakov 10:4

[36] Kneses Hagedola 427:11; Eretz HaChaim 427; Rav Poalim Y.D. 2:36; Imrei Yaakov 10:5

[37] Chazon Ish Likkutim 18:6-7; See Imreiy Yaakov 10 Likutim 6

[38] See Sefer Veasisa Meakeh 21 in a Teshuvah from the Steipler who disputes this notion; Shevet Halevi 7:229-4 argues on the Chazon Ish; Imreiy Yaakov 10 Likutim 6

[39] Admur ibid; Michaber 427:2; Rambam Rotzeiach 11:2; Sukkah 3a

[40] This follows Amos Dochakos, of 47 cm. each which is to be followed by a Biblical matter.

[41] The reason: The reason for their exemption is because a home which is less than this dimension is not fit for living and [thus] does not receive the status of a home. [Admur ibid; Smeh 427:3; Levush 427:3 Sukkah 3b; See also Admur O.C. 366:5; 398:10] Alternatively, some Poskim rule that all homes which are exempt from a Mezuzah are likewise exempt from being obligated to have a fence placed on the roof [Kesef Mishneh on Rambam ibid, brought in Smeh 427:2] and hence since a home which is less than 4×4 Amos is exempt from a Mezuzah, it is therefore also exempt from needing a fence.

[42] So is debated in regard to Mezuzah [See Michaber Y.D. 286:13 for a dispute in this matter and Shach 286:23 that a blessing is not to be recited] and the same law follows regarding Meakeh. [Kneses Hagedola 427; Minchas Chinuch 546:6; See Rabbeinu Yerucham 21:5; Aruch Hashulchan C.M. 427:1; Maharsham 2:265]

Poskim who rule that it is exempt from a Mezuzah: Admur 366:5 in parentheses and 398:10; Rosh; M”A 398:6; Shach ibid that the main opinion is like the Rosh; Taz 634:2 that so applies even according to Rambam Hilchos Mezuzah 6:2

Opinion of Admur: Admur 366:5 in parentheses and 398:10 rules like the Rosh regarding Eruvim and Mezuzah that if each the length and width do not have 4 Amos, then it is not considered a home.

[43] See previous footnote that the main opinion follows the Rosh

[44] Imrei Yaakov 10:6, as rules Shach ibid regarding Mezuzah

[45] Bava Kama 51a and Rashi and Meiri there; Minchas Chinuch 547; Imrei Yaakov 10:3; Likkutei Sichos Vol. 2

[46] See Shiureiy Torah p. 249 that an Ama Dochekes is 47 cm., and accordingly a Tefach Dochekes is 7.83 cm [i.e. 1:48 of a cm times 8. deducted from 8 cen.] and by the Shiur Meakeh of ten Tefachim one should measure with an Ama Sochakos, and the same would apply here Lechumra. Thus, its exact Shiur is 78.3 cm; See also M”B 633:2 and Shaar Hatziyon 633:2 that by Sukkah we follow the stringent approach in the dimensions, either Dochakos or Sochakos, and by the 7×7 dimension we follow Sochakos, and the same would apply here by the ten Tefach dimension; See also Middos Vishureiy Torah pp. 48-57 regarding Ama Sochakos and Dochakos; Piskeiy Teshuvos 633:1; Minchas Chinuch Mitzvah 325 who rules that by Tefachim we don’t apply the extra Dochakos or Sochakos, and this is only done by Amos

Other opinions-Chazon Ish: According to the Chazon Ish, the measurement is 94.2 cm following the 9.42 measurement of Tefach Dochakos. [See Piskeiy Teshuvos ibid]

[47] Kesef Mishneh on Rambam ibid, brought in Smeh 427:2

[48] The reason: The reason for this is because the Torah only obligates one to place a fence on the roof of a home and if the home is not obligated in a Mezuzah, then it is not considered a real home. [Poskim ibid]

[49] Smeh 427:2; Setimas Haposkim, including Admur and Michaber ibid.

[50] Admur Shemiras Guf Vinefesh Halacha 1; Michaber 427:3; Rambam Rotzeiach 11:2; Chulin 136a; Smeh 427:5 that this applies according to all opinions; See Likkutei Sichos 24:140 in length

The Heichal of the Temple: The Sifri 22:8 writes that the roof of the Heichal of the Temple is obligated in being fenced. Accordingly, the fence that was found on the roof of the Heichal [see Middos 4:6; Rambam Beis Habechira 4:3] was not just there for beauty purposes, but in order to fulfill the Biblical obligation to fence a roof. [Likkutei Sichos Vol. 24 Sicha 2] Now, although Shuls are scripturally exempt from the obligation, as explained above, and hence here too the Heichal should be exempt [see Sifri Divrei Rav ibid; Minchas Chinuch Mitzvah 546] nevertheless, it was obligated in having a fence being that the Heichal was first built as Chulin and only later transferred and sanctified to Hekdish, and hence it was initially obligated in being fenced at the time of the building being that it did not yet have the status of a Shul. [Tzafnas Paneiach Ki Seitzei and Beis Habechira ibid] Alternatively, the reason for this is because every Jew in the world owns a part of the Heichal being that every Jew would donate for its construction, and hence it is obligated in being fenced similar to a jointly owned home. This is in contrast to a Shul which is owned and financed by the city inhabitants but given free rights to everyone in the world, and these people who are not from the city cannot be obligated in fencing the roof being that they are not owners. Now, although the obligation to fence a roof only applies to a Beis Dirah, nonetheless, since the Kohanim were obligated to eat meat and bread in the Temple, and it is technically permitted for them to eat even in the Heichal, it is likewise considered a Beis Dirah. [Likkutei Sichos Vol. 24 Ki Seitzei 2] See also Rav Poalim Y.D. 2:36

[51] The reason: The reason for their exemption is because it is not at all common to use their roofs. [Admur ibid; Michaber 427:3; Smeh 427:5] This is scripturally derived from the word “Gagecha: your roof” which is written in the verse and comes to exclude synagogues and houses of study being that they are not built for the sake of living. [Michaber ibid; Rambam Rotzeiach 11; Chulin 136a; Teshuvah of Beis Yosef brought in Mabit 2:110, brought in Shach 427:1] Alternatively, since they belong to the entire world the term “Gagecha: your roof” is not applicable to it as there is no one who owns it and can be made responsible to build the fence, and it is therefore exempt from the verse even according to those who obligate a barn or storage room to have a fence placed on its roof. [Smeh ibid; Rashi Chulin 136a; Likkutei Sichos Vol. 24 Ki Seitzei 2]

[52] Implication of Admur ibid and Smeh ibid; See Imrei Yaakov 10:4 and Biurim there in length.

Other opinions: Some Poskim rule that even in such a case such roofs are exempt from requiring a fence being that they were explicitly excluded from the verse. [Chazon Ish Likkutim 18:8; Implication of all Poskim who explain the exemption is scriptural due to it not being a Beis Dirah: Rashi Chulin ibid; Rambam Rotzeiach 11; Michaber ibid; Mabit 2:110, brought in Shach 427:1; See Imreiy Yaakov Biurim ibid]

[53] Imrei Yaakov 10:4 and Biurim based on Poskim ibid who implies that even so it is exempt from a fence, and so can be possibly understood also from Admur and Smeh ibid that they are always exempt from a fence being that they are not comm only used

[54] Kol Eliyahu E.H. 4

[55] Admur Shemiras Guf Vinefesh Halacha 1; Michaber 427:1; Rambam Rotzeiach 11:1; Smeh 427:2; Kesef Mishneh on Rambam ibid; Chinuch 546

Other opinions: Some Poskim rule that a barn and storage room is obligated to have a fence placed around its roof. [Sifri, brought in Kesef Mishneh on Rambam ibid; Semag; Opinions in Smeh 427:2 and 5; Chazon Ish Likkutim 18:8] The reason for this is because they hold that a barn and storage room is obligated in a Mezuzah. [Kesef Mishneh ibid, brought in Smeh ibid]

[56] The reason: The reason for their exemption is because it is not at all common to use their roofs. [Admur ibid; See Admur O.C.370:1; Likkutei Sichos 24:140 footnote 36 and 38] Thus, even if people live in the barn or storage room [see Admur 370:1] it nevertheless remains exempt from requiring a fence on its roof.

[57] Implication of Admur ibid and Smeh ibid; Chazon Ish Likkutim 18:8; Imrei Yaakov 10:4

Other opinions: Some Poskim rule that even in such a case such roofs are exempt from requiring a fence being that they were explicitly excluded from the verse. [Implication of all Poskim who explain the exemption is scriptural due to it not being a Beis Dirah: Rashi Chulin ibid; Rambam Rotzeiach 11; Michaber ibid; Mabit 2:110, brought in Shach 427:1; See Imreiy Yaakov Biurim ibid]

[58] Imrei Yaakov 10:4 and Biurim based on Poskim ibid who implies that even so it is exempt from a fence, and so can be possibly understood also from Admur and Smeh ibid that they are always exempt from a fence being that they are not comm only used

[59] Michaber 427:4

[60] The reason: As the verse states, “Ki Yipol Hanofel Mimenu/that the faller will fall from it” [Michaber 427:4] which emphasizes that a fence is required only if a person can possibly fall off the roof, and not if one can fall onto the roof. [Smeh 427:8] See Imreiy Yaakov 10 Biurim “Shelo Yipol”

[61] Smeh 427:6

[62] Sifri ibid; Likkutei Sichos Vol. 19 Ki Seitzei 2

[63] See Imreiy Yaakov Biurim 10:1

[64] Rav Poalim Y.D. 2:36

Other opinions: The Sifri exempts a balcony or hallway from requiring a fence. The Rambam and Shulchan Aruch omit this opinion, hence negating it [Rav Poalim Y.D. 2:36]

[65] Rav Poalim Y.D. 2:36

Other opinions: The Sifri exempts a balcony or hallway from requiring a fence. The Rambam and Shulchan Aruch omit this opinion, hence negating it [Rav Poalim Y.D. 2:36]

[66] Chazon Ish Likkutim 18:6-7; See Imreiy Yaakov 10 Likutim 6

[67] See Sefer Veasisa Meakeh 21 in a Teshuvah from the Steipler who disputes this notion; Shevet Halevi 7:229-4 argues on the Chazon Ish and says even a blessing is to be said; Imreiy Yaakov 10 Likutim 6

[68] See Imreiy Yaakov 10 Biurim “Gago”

[69] Sifri Ki Seitzei “What does the word “a roof” teach us, that it comes to exclude a ramp”, brought in Hagahos Maimanis Rotzeiach 11:2; Malbim ibid; Eretz Chaim 427 in name of Divrei Rav on the Sifri; Chazon Ish Likkutim 18:5

[70] Malbim ibid; Chazon Ish ibid

[71] Chochmas Adam 15:24; See Torah Temima who learns that the exemption of the Sifri only applies to the ramp of the altar being that the priests are very careful when they go up however a regular ramp would require a fence

[72] Imreiy Yaakov ibid

[73] See Imreiy Yaakov 10 Biurim “Gago”

[74] Eretz Chaim 427 in name of Divrei Rav on the Sifri

[75] Divrei Rav ibid

[76] Eretz Chaim 427 in his second approach which negates the opinion of Divrei Rav; Shevet Halevi 7:229-5

[77] The reason: As the exemption only applies by a ramp which is very wide and is difficult for people to fall off as opposed to narrow stairs. [Eretz Chaim ibid]

[78] Imreiy Yaakov ibid

[79] See Imreiy Yaakov 10 Biurim “Kol Davar”

[80] So can be seen from the fact that most people do not build bars around windows of a ground floor apartment even though it is higher than 10 Tefachim from the ground, and if such an obligation was applicable, it would be no difference between a ground floor apartment versus an apartment on a higher floor.

The reason: As most windows are built above 10 Tefachim from the floor, and we never require a fence to be built higher than ten Tefachim even though it is possible for one to fall off a fence that is 10 Tefachim tall. Hence, although children commonly bring chairs to a window which hence lessens the 10 Tefach wall of protection which is under the window, nonetheless, the intrinsic obligation of fencing a roof does not take this into account. Meaning, that the same way that the Torah does not obligate making a fence higher than 10 Tefachim by one’s roof even though children can bring a chair to the fence, for this same reason we cannot obligate bars to be made around windows which are above 10 Tefachim from the floor. [Imreiy Yaakov ibid]

[81] See Chazon Ish Likkutim 18:6

[82] The reason: As people who go on a trampoline are conscience that they need to be careful not to fall off and that is the entire purpose of the trampoline for one to jump on it one time after the next without falling off. It is no different than going up a ladder, or climbing up a tree, were sitting on a hammock, of which in all these cases a fence of  is not required to surround the person once he reaches 10 Tefachim from the ground, being that he is conscious that he must beware from falling off. This is aside for the fact that according to the Chazon Ish, a roof is only obligated to be fenced if it has living quarters under it which would automatically exempt the trampoline from requiring a fence. Indeed, the custom is not to be stringent in this matter, as even those trampolines which contain a surrounding netting as a safety feature do not fulfill the Halachic obligation of a fence being that the opening to the trampoline still remains unnetted, and whenever the obligation applies the entire roof must be fenced. One cannot make the argument that a netting is required from the letter of the law in order to diminish injury as much as possible which can come due to a person falling off, as with this argument one should from the letter of the law ban the entire use of a trampoline due to its high risk of injury even when it is fenced. With this logic, we would also have to ban bicycle riding or roller-skating due to their high risk of injury. Rather, it is clear that from the letter of the law we cannot prohibit these activities even though they do contain a certain risk of injury, and the taking of different safety precautions such as a netting is merely suggested and not obligatory.

[83]See https:::health.clevelandclinic.org:surprising-dangers-of-trampolines-for-kids:  https:::www.nationwide.com:lc:resources:home:articles:trampoline-safety

[84] See Admur Shemiras Haguf Vihanefesh Halacha 3

[85] See Admur 336:1-2

The reason: Ladders and trees are not obligated in having a fence around the even though they reach a height of more than 10 Tefachim high being that people are conscientious that they need to beware from falling off upon climbing them. The Torah’s obligation only applies to a commonly used roof which people may forget to be careful while using for their mundane activities. This certainly applies according to those opinions who rule that a fence is only required on a roof which contains livable quarters under it.

[86] The reason: As people are conscientious while they are on a hammock to beware from falling off. This certainly applies according to those opinions who rule that a fence is only required on a roof which contains livable quarters under it.

[87] Rav Poalim Y.D. 2:36; Shearim Hametzuyanim Behalacha 104 in name of Nimukei Yosef; Darkei Chaim Veshalom 243; Yalkut Yosef Semachos p. 670; Kol Eliyahu E.H. 4; See Chukos Chaim C.M. 112; Veasisa Meakah 2:3

[88] Admur Shemiras Guf Vinefesh Halacha 2

^[89] Admur ibid; Michaber C.M. 427:5; Rambam Rotzeiach 11:3; Sifri Ki Seitzei 229; See Chazon Ish C.M. Likkutim 18:3

The Kabbalistic meaning behind the 10 Tefachim height: See Eitz Chaim Shaar Hamitzvos Parshas Ki Seitzei p. 140

[90] The reason: The reason for this is because only a guardrail that has this minimum height of 10 Tefachim will be successful to prevent one from falling off the roof. [Admur ibid; Michaber ibid]

[91] Shiureiy Mikveh p. 249 and 282; Shiureiy Torah 3:39; Shaareiy Tziyon p. 74

Understanding this measurement-Tefachim Sochakos versus Dochakos: The Tefachim here are measured with Tefachim Sochakos, being that the Mitzvah of fencing a roof it is a Biblical obligation [Minchas Chinuch 546; Imreiy Yaakov 10:7; Vetzaruch Iyun from Minchas Chinuch Mitzvah 325, brought below] See Shiureiy Torah p. 249 that an Ama is 49 Sochakos [as opposed to 48 for a regular Ama], and accordingly a Tefach Sochakos is 8.17 cm [i.e. 1:48 of a cm times 8, added from 8 centimeters] and by the Shiur Meakeh of ten Tefachim one should measure with the stringent approach of an Ama Sochakos. Thus, its exact Shiur is 81.666 cm. See also M”B 633:2 and Shaar Hatziyon 633:2 that by Sukkah we follow the stringent approach in the dimensions, either Dochakos or Sochakos; See also Middos Vishureiy Torah pp. 48-57 regarding Ama Sochakos and Dochakos; Piskeiy Teshuvos 633:1; Minchas Chinuch Mitzvah 325 who rules that by Tefachim we don’t apply the extra Dochakos or Sochakos, and this is only done by Amos

Other opinions-Chazon Ish: According to the Chazon Ish, the measurement is 98.2 cm [i.e. 1 meter] following the 9.82 measurement of Tefach Sochakos. [Shiurim Shel Torah Shiureiy Hamitzvos 1; See Piskeiy Teshuvos ibid] Some Poskim conclude that by Biblical matters one must be stringent like the Chazon Ish. [See M”B 486:1 in name of Shaareiy Teshuvah; Imreiy Yaakov 10:7]

[92] Shiureiy Mikveh p. 161 and 183; See Sefer Biur Halacha [Zilber]; Erech Hamishpat 427 p. 30

[93] Rav Ovadia Yosef, brought in Hilchos Bayis Hameshutaf 12 footnote 22 that so was his custom

^[94] Admur ibid; Michaber C.M. 427:5; Rambam Rotzeiach 11:3; Midrash Tanaim Ki Seitzei

[95] See Bava Basra 4a; Eitz Chaim Shaar Hamitzvos Parshas Ki Seitzei pp. 138-142

The Kabbalistic meaning behind this: There is no issue with there being holes in the fence of the roof, as although this allows the divine revelation of the previous world to fall into the next world, this is only a mere ray of the revelation which is actually a healthy process for the next world. [See Eitz Chaim Shaar Hamitzvos Parshas Ki Seitzei p 141]

[96] Smeh 427:9; Kitzur SHU”A in Lechem Hapanim 190

Other opinions: Some Poskim rule that only the lower, and more used, part of the roof must have a ten Tefach fencing, while the remainder suffices with a three Tefach guardrail. [Raavad on Rambam Rotzeiach 11:3; Semag Asei 79]

[97] Minchas Chinuch Mitzvah 546:1

[98] Michaber C.M. 314:2; Bava Metzia 101b; Pischeiy Teshuvah C.M. 427:2; Teshuvah of Beis Yosef brought in Mabit 2:110, brought in Shach 427:1; Imrei Yaakov Biurim 10:3

[99] It is disputed amongst the Poskim as to whether this obligation upon the renter is Biblical or rabbinical. [See Minchas Chinuch Mitzvah 546:1; Pischeiy Teshuvah C.M. 427:2; Hagahos Maimanis Rotzeiach 11:1; Kneses Hagedola 427:10; Sdei Chemed Kelalim Mem 195;Chazon Ish Likkutim 18:7; Imrei Yaakov Biurim 10:3; Likkutei Sichos Vol. 24 Ki Seitzei 2 footnote 26]

[100] See Eretz HaChaim 427 in name of Mishkanos Roim; Imrei Yaakov 10 Shaar Hatziyon 10

[101] Minchas Chinuch Mitzvah 546:1; Peas Hashulchan

[102] Teshuvah of Beis Yosef brought in Mabit 2:110, brought in Shach 427:1; Kneses Hagedola 427:11; However, see Chasam Sofer Y.D. 280

[103] Kiddushin 34a

[104] The reason: As this command is not time dependent. [Kiddushin ibid] In addition, there is also a negative command involved. [Imrei Yaakov 10:2]

[105] Minchas Chinuch Mitzvah 546; See Shemiras Hanefesh Kehilchasa 1:1 footnote 1.

[106] Minchas Chinuch ibid

[107] Machaneh Efraim Shluchim 11

[108] Minchas Chinuch ibid

[109] Machaneh Efraim Shluchim 11, brought in Pischeiy Teshuvah C.M. 427:1

[110] Michaber C.M. 427:3; Imrei Yaakov 10:2; Likkutei Sichos Vol. 24 Ki Seitzei 2

[111] The reason: As the verse states “Ki Yipol Hanofel Mimenu,” which implies that the main issue is that there is a possibility for a person to fall off the roof, irrelevant to how many people own the roof. [Michaber ibid; Smeh 427:4]

[112] See Shach C.M. 427:2; Minchas Chinuch Mitzvah 546:7; Imrei Yaakov 10:2

[113] Rashal in Yam Shel Shlomo Chulin 11

[114] Shach ibid

[115] See Rama Y.D. 286:1

[116] Mordechai Avoda Zara

[117] Imrei Yaakov 10:2

[118] Smeh 427:7

[119] The reason: As there is no one to take responsibility by a public property to place the fence there, as each person can throw the responsibility onto another. [Smeh ibid; See Bava Basra 24b]

[120] See Pischeiy Teshuvah 427:1; Aruch Hashulchan C.M. 427:10; Veasisa Meakah 1:3; Imreiy Yaakov 10:1; Likkutei Sichos Vol. 2 Parshas Ki Seitzei; Shemiras Hanefesh Kehilchasa Chapter 1:4

[121] Admur 181:2; Rambam Brachos 11:4; M”A 4:13; Peri Megadim 4 A”A 13; Elya Raba 4:8; Likkutei Sichos Vol. 2 Parshas Ki Seitzei

[122] Rambam Brachos 11:8, brought in Pischeiy Teshuvah ibid; Bahag Mezuzah 26; Sheilasos Rav Achaiy Parshas Eikev 145; Semag 27; Or Zarua 1:140; Siddur Rasag p. 101; Baal Haittur Tzitzis 3:2; Tamim Deim 179 in name of Halachos Pesukos; Kneses Hagedola O.C. 585; C.M. 427; Chayeh Adam 15:24; Pischeiy Teshuvah 427:1; Machaneh Efraim Shluchim 11; Rav Akiva Eiger C.M. 427; Chasam Sofer O.C. 54; Sefer Haprdes 9; Sdei Chemed Asifas Dinim Brachos 16 that so is implied from majority of Poskim; Pnei Yitzchak Brachos 182; Sdei Haaretz 3 C.M.; Rav Poalim 2:36 that so is the custom in Bagdad; Minchas Yitzchak 6:112; Imrei Yaakov 10:1; Mentioned in Likkutei Sichos Ki Seitzei 2 p. 89 and Vol 9 footnote 28 and Vol. 19 Ki Seitzei 2; Igros Kodesh

Opinion of Tur, Michaber and Admur: The Tur completely omitted chapter 427 of Choshen Mishpat which deals with these Halachos. The Michaber, however, brings this chapter and writes down the laws word for word from the Rambam, as did later on the Alter Rebbe in Hilchos Shemiras Guf Vinefesh. However, neither the Michaber nor Admur mention that a blessing is to be said.

[123] The reason: The reason that a blessing is said upon building a fence to prevent danger, despite the ruling that a blessing is never made over an action done to prevent danger, is because the Mitzvah of making a fence is in addition to the Mitzvah of preventing blood from spilling in one’s home, and hence it deserves its own blessing. The command to make a fence is in addition to the command to remove danger from one’s home, as one can remove the danger through other ways such as by elevating the ground so the roof is not 10 Tefach high, or by making the roof be in a slanted form of which is not obligated in a fence. Thus, from the fact that nevertheless the command is to specifically make a fence we see that the fence is additional aspect to that of the danger, and in fact its reason has nothing to do with danger, and rather the aspect of danger is commanded in the negative command of “do not spill blood in your house”. A proof to this differentiation is that the Rambam rules that a Mitzvah and its reasoning are never counted as two different Mitzvos, and thus from the fact that both avoiding danger and making fence are counted as two different Mitzvos proves that the reasoning behind making a fence is not because of danger. [Rebbe Likkutei Sichos Ki Seitzei 2 p. 89 and Vol 9 footnote 28 and Vol. 19 footnote 48 ; See Minchas Chinuch 546:2]

[124] Rokeiach 366; Implication of Michaber and Admur who omit the blessing; Aruch Hashulchan C.M. 427:3 that so is evident from some Rishonim and 427:10 in name of Tamim Deim 179 in name of Poskim; Devar Avraham 1:37-23; Imreiy Yaakov 10:1 footnote 1

[125] The reason: As even gentiles were commanded in this Mitzvah, and a blessing is only recited over a Mitzvah that Jews alone were commanded in. [Rokeiach ibid]

[126] Imreiy Yaakov 10:1 and footnote 1

[127] Chasam Sofer O.C. 54; See Sdei Haaretz 3:20; Imrei Yaakov Likkutim 10:4

Other opinions: Some Poskim rule that the blessing is to be said at the beginning, just as is done regarding Biur Chametz. [Baal Haittur Tzitzis 3:2; See Darkei Teshuvah Y.D. 28:10]

[128] Rambam ibid; Nishmas Adam 15:3; Imreiy Yaakov 10:1

[129] Rambam Brachos 11:9; Rokeiach 371 in name of Rivak Mishepira; Rama Y.D. 28:2 regarding Kisuiy Hadam; Taz 22:3; Olas Tamid 22:1; Chasam Sofer 55; Tevuos Shur 28, brought in P”M Y.D. 28 S.D. 5; Opinion in M”B 22:1 regarding Tzitzis; Biur Halacha 22:1 “Kanah” in name of Gr”a

[130] Rambam Brachos 11:9

[131] Shach Y.D. 28:5; Tosafus Sukkos 46a; Ran Chulin 88; Rashba 126; Peri Chadash 28; Tzevi Latzadik 28; M”A 22:1; Mamar Mordechai 22:1; Machazik Bracha 22:2 that so is opinion of Michaber 22:1 and that so is the custom not to recite Shehechiyanu on Tefillin; Chayeh Adam 62:10; Nishmas Adam 15:3; M”B 22:2; Kaf HaChaim 21:2 in name of many Poskim; Imrei Yaakov 10:1 and footnote 2; Maharik Shoresh 128 regarding wedding; So rule regarding Tzitzis: Michaber 22:1; Admur 22:1; Baal Haittur; Mahariy Abuhav, brought in Biur Halacha ibid

[132] Such as when wearing Tefillin for the first time, or performing the Mitzvah of Kisuiy Hadam for the first time.

[133] Nishmas Adam 15:3, brought in Pischeiy Teshuvah 427:1; Aruch Hashulchan C.M. 427:3

The reason: As the sages only instituted to recite the blessing of Shehechiyanu by a Mitzvah that contains joy. [Shach ibid in name of Tosafus ibid] Alternatively, the reason is because it does not come from time to time. [Shach ibid in name of Ran ibid]

[134] See Imreiy Yaakov Likkutim 10:2

[135] Machaneh Efraim Shluchim 11, brought in Pischeiy Teshuvah ibid and referenced to in Rav Akiva Eiger 427

Other opinions: Some Poskim rule that the blessing may not be recited if the fence is erected by a gentile, and that furthermore, it is considered that he did not fulfill the Mitzvah, as a gentile cannot be appointed the Shliach of a Jew to do the Mitzvah. [Minchas Chinuch 546:3; Chikreiy Lev Y.D. 9; Sdei Chemed 6:156 in name of Maharit Algazi; See Imrei Yaakov Likkutim 10:3]

[136] Minchas Chinuch 547; Imreiy Yaakov 10:1

[137] Implication of Machaneh Efraim; Kneses Hagedola 585; Pischeiy Teshuvah ibid; Imrei Yaakov Likkutim 10:2

[138] Kneses Hagedola 585; Pischeiy Teshuvah ibid

Other opinions: Some Poskim rule that the blessing is to always be recited by the owner even if the fence is erected by a contracted gentile, and certainly if it is erected by a contracted Jew. [Daas Kedoshim Y.D. 289:2; Aruch Hashulchan C.M. 427:3] Other Poskim rule that a blessing is never to be said when it is built by a contractor who is being paid for the job, even if he Jewish. [Implication of Machaneh Efraim ibid; Imrei Yaakov Likkutim 10:2]

[139] Rambam Brachos 11:13; Rav Akiva Eiger C.M. 427:1; Imrei Yaakov 10:1

[140] Kneses Hagedola 585; Pischeiy Teshuvah ibid

Other opinions: Some Poskim rule that the blessing is to always be recited by the owner even if the fence is erected by a contracted gentile. [Daas Kedoshim Y.D. 289:2; Aruch Hashulchan C.M. 427:3]

^[141] Admur Shemiras Guf Vinefesh Halacha 3; Michaber C.M. 427:7; Rambam Rotzeiach 11:4; Sifri Ki Seitzei; Sefer Shemiras Haguf Vihanefesh [Lerner] 218:2

[142] Michaber ibid

[143] Admur ibid; Michaber ibid; Rambam ibid; Chinuch Mitzvah 546

Other opinions: Some Poskim rule that the barrier must be a minimum height of only three Tefachim. [Semag Asei 79; Yireim 234; Orchos Chaim 16; Semak 152; Rabbeinu Yerucham 1:1-5]

[144] Admur ibid; Michaber ibid; Rambam ibid

[145] See Imreiy Yaakov 10:10; Shemiras Hanefesh Kehilchasa 1:3

[146] Minchas Chinuch Mitzvah 546; Maaseh Rav 100; Devar Avraham 1:37; Tosafos Reim 234; Shemiras Hanefesh Kehilchasa 1:3

[147] Ben Ish Chai Pinchas

[148] Chayeh Adam 15:24 and that so is the opinion of the Rambam and Shulchan Aruch, brought in Pischeiy Teshuvah C.M. 427:1; Haemek Sheila Sheilasa 145:17; Chazon Ish Likkutim 18:9; Rav Chaim Kanievsky in Miseches Mezuzah Hilchos Meakah Shaar Hatziyon 55; Aruch Hamishpat p. 28; Viasisa Miakah 3:1

[149] The reason: As this command is not included in the positive command of building a fence but rather only in the general positive and negative command to prevent danger, and hence it does not deserve a blessing. [See Chayeh Adam ibid]

[150] As Admur includes this obligation only in the general positive and negative command to prevent danger, and not in the positive command of building a fence.

[151] Pashut! Shut Baruch Omer 152; Admur ibid clearly states that a pit with water in a courtyard must be covered which is exactly what a pool is.

Other opinions: Certain Melaktim of today have written various leniencies regarding this matter, claiming that since a pool is apparent to everyone it does not need a fence. [See Sefer Veasisa Meakah 5:9 footnote 18 based on his understanding of Chazon Ish C.M. Likkutim 18 that only an inconspicuous pit requires a fence, while a large pit which is viewable by all does not. So also writes Rabbi Bressman in the end of his Sefer on Hilchos Mezuzah, actually sourcing it from the Chazon Ish. This is clearly not accurate as the Chazon Ish never discusses this subject at all, not that of a pool nor of a large pit in a public area.] In my opinion, this ruling is not accurate. Aside from the fact that the statistics speak for themselves regarding the amount of pool drownings and deaths that occur every year, which are exacerbated when there is no fence around the pool, there’s also no room in Halacha to negate its requirement. The wording of the law plainly reads that a pit with water even in a private courtyard must be fenced. It does not make any differentiation between size or a public domain versus a private domain. If their opinion were correct according to Halacha, then the Poskim would’ve made this clear and differentiated between a small versus large pit and a public versus private domain. The fact that they did not differentiate in this matter and explicitly wrote that it applies to a courtyard, is the biggest proof necessary to show that they did not hold of their logic of differentiation. Furthermore, even those who write of Halachic leniency, agree that in practicality the pool should be fenced, and that so is the widespread custom. Therefore, G-d forbid, no leniency should be learned from this and every pool must be fenced and well-guarded to prevent the needless drownings and deaths that happen every year by unguarded pools, may G-d save us.

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