Practical Q&A on which roofs are obligated in having a fence-Part 3

Q&A on which roofs require a fence

If a non-commonly used roof is now decided to be commonly used, does it now become obligated in a fence?[1]

Yes.

Indoor Balcony [i.e. Hallway of upper floor]:[2]

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?[3]

Yes, and it is therefore to be placed with a blessing.

A balcony that protrudes from the exterior of the building: Some Poskim[4] 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.[5]

Ramp-Is a ramp which reaches a height of 10 Tefachim obligated to be fenced?[6]

Some Poskim[7] 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.[8] Other Poskim[9], 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.[10]

Stairs–Are stairs which reach a height of 10 Tefachim obligated to be fenced?[11]

Some Poskim[12] 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 up stairs 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.[13] Other Poskim[14], however, rule that even according to those opinions who exempt a ramp from being fenced, require stairs to be fenced.[15] Practically, one is to be stringent to put up a fence without a blessing.[16]

Windows-Must one place bars on one’s windows?[17]

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.[18] 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.[19]

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.[20] 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.[21]]

Climbing up a ladder and tree:

There is no Halachic issue with climbing up a sturdy[22] ladder even to very tall heights, just as it is permitted for one to climb up a tree.[23]

A hammock:

It is permitted for one to set up, and lie on, a hammock which is above 10 Tefachim from the ground.[24]

A stage and the Bima of a Shul:[25]

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] See Imreiy Yaakov Biurim 10:1

[2] 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]

[3] 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]

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

[5] See Sefer Veasisa Meakah 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

[6] See Imreiy Yaakov 10 Biurim “Gago”

[7] 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 Divei Rav on the Sifri; Chazon Ish Likkutim 18:5

[8] Malbim ibid; Chazon Ish ibid

[9] Chachmas 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

[10] Imreiy Yaakov ibid

[11] See Imreiy Yaakov 10 Biurim “Gago”

[12] Eretz Chaim 427 in name of Divei Rav on the Sifri

[13] Divei Rav ibid

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

[15] 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]

[16] Imreiy Yaakov ibid

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

[18] 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 then 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 then 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]

[19] See Chazon Ish Likkutim 18:6

[20] 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 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 ridin or rollerskating 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.

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

[22] See Admur Shemiras Haguf Vihanefesh Halacha 3

[23] 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.

[24] 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.

[25] Rav Poalim Y.D. 2:36; Shearim Hametzuyanim Behalacha 104 in name of Nimukeiy 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