Which roofs are obligated in having a fence?[1]

Beis Dirah-A roof of a home which is commonly used:[2] A guardrail is only obligated to be established to a roof of a home which is used for living purposes [i.e. Beis Dirah][3], and which its roof space is commonly used [for any purpose, even mere sitting and walking[4]].[5] For this reason, our roofs today are exempt from requiring a fence being that it is not common anymore to use them.[6] [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.[7] 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.[8] Some Poskim[9] 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[10] 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:[11] 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.[12]].[13] [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.[14] Practically, the main opinion follows that it is exempt[15], 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.[16]]

A roof which is less than 10 Tefachim high:[17] A roof is only obligated to have a fence placed around it if it has a height of 10 Tefachim [i.e. 78 cm[18]] 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[19] 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.[20] 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.[21]

The roof of a Beis Midrash or Shul:[22] A Beis Midrash or Shul is not obligated to have a fence placed around its roof.[23] [If, however, it is commonly used by people, such as for social events, or for kids to play, then a fence is required.[24] Nonetheless, a blessing is not to be recited.[25] Thus the balcony of an Ezras Nashim must have a guardrail placed around it, without a blessing.[26]]

The roof of a barn or storage room:[27] A barn or storage room is not obligated to have a fence placed around its roof.[28] [If, however, it is commonly used by people, such as for social events, or for kids to play, then a fence is required.[29] Nonetheless, a blessing is not to be recited.[30]]

A roof which is lower than the public street:[31] 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.[32] [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.[33] 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:[34] 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?[35] Yes.   Indoor Balcony [i.e. Hallway of upper floor]:[36] 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?[37] Yes, and it is therefore to be placed with a blessing. A balcony that protrudes from the exterior of the building: Some Poskim[38] 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.[39]   Ramp-Is a ramp which reaches a height of 10 Tefachim obligated to be fenced?[40] Some Poskim[41] 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.[42] Other Poskim[43], 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.[44] Stairs-Are stairs which reach a height of 10 Tefachim obligated to be fenced?[45] Some Poskim[46] 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.[47] Other Poskim[48], however, rule that even according to those opinions who exempt a ramp from being fenced, require stairs to be fenced.[49] Practically, one is to be stringent to put up a fence without a blessing.[50] Windows-Must one place bars on one’s windows?[51] 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.[52] 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.[53] 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.[54] 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.[55]] Climbing up a ladder and tree: There is no Halachic issue with climbing up a sturdy[56] ladder even to very tall heights, just as it is permitted for one to climb up a tree.[57] A hammock: It is permitted for one to set up, and lie on, a hammock which is above 10 Tefachim from the ground.[58] A stage and the Bima of a Shul:[59] 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].

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^[1] Admur Shemiras Guf Vinefesh Halacha 1

[2] 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.

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

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

[5] 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]

^[6] Admur ibid; Kneses Hagedola C.M. 427:11; Rav Poalim Y.D. 2:36

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

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

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

[10] 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

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

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

[13] 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.

[14] 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.

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

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

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

[18] 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]

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

[20] 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]

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

[22] 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

[23] 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]

[24] 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]

[25] 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

[26] Kol Eliyahu E.H. 4

[27] 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]

[28] 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.

[29] 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]

[30] 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

[31] Michaber 427:4

[32] 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”

[33] Smeh 427:6

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

[35] See Imreiy Yaakov Biurim 10:1

[36] 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]

[37] 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]

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

[39] 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

[40] See Imreiy Yaakov 10 Biurim “Gago”

[41] 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

[42] Malbim ibid; Chazon Ish ibid

[43] 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

[44] Imreiy Yaakov ibid

[45] See Imreiy Yaakov 10 Biurim “Gago”

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

[47] Divrei Rav ibid

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

[49] 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]

[50] Imreiy Yaakov ibid

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

[52] 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]

[53] See Chazon Ish Likkutim 18:6

[54] 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.

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

[56] See Admur Shemiras Haguf Vihanefesh Halacha 3

[57] 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.

[58] 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.

[59] 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

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