Maakeh - Mitzvah Definition

QUESTION: What is the mitzvah of “ma’akeh” (making a guardrail)?

ANSWER: The Torah (Devarim 22:8) commands us to make a guardrail for our roof, so that “you shall not bring blood upon your house if one who falls should fall from it.” What does “if one who falls should fall from it” mean? Rashi explains that even when there is a heavenly decree that someone will fall to their death, one must still make sure that he is not the vehicle for the tragedy. One who does not build a ma’akeh has violated this positive mitzvah, as well as the negative mitzvah of “you shall not bring blood upon your house.” According to the Netziv (Ha’amek Sheilah 127:19), it is forbidden to live in such a house.

The Aruch Hashulchan (427:5) writes that the mitzvah of ma’akeh applies only to a flat roof that can be used as living space, but a slanted roof that no one walks on is not included in the mitzvah. Additionally, an attic that is not regularly visited, that is entered into by means of a drop ladder, would not have to have around its entrance a ma’akeh.

The ma’akeh must be at least ten tefachim tall around the edge of the roof and is only required if the roof is at least ten tefachim off the ground. How high is ten tefachim? According to Rav Chaim Na’ah, it is about 31.5 inches, according to Igros Moshe (OC 1:136), it is between 35.6 and 38.4 inches, and according to the Chazon Ish, it is about 40 inches.

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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.