Ma'akeh - Bracha

QUESTION: Is a bracha recited on building a ma’akeh?

ANSWER: The Rambam (Hilchos Brachos 11:8) writes that a bracha is recited upon building a ma’akeh. This is the opinion of most Rishonim and Acharonim. However, there is a dissenting view as well. The Rokeach (366) writes that a bracha is not recited on building a ma’akeh, since this is a mitzvah sichlis (dictated by logic). The general rule is that one does not recite a bracha on any mitzvah that one would have performed even if the Torah had not commanded it. The Aruch Hashulchan (CM 427:10) and Chazon Ish (CM Likutim 18:1-2) maintain that in truth the mitzvah of ma’akeh is not a mitzvah sichlis. One is permitted to stand on a roof that has no ma’akeh, just as one is permitted to climb a tree or work at a construction site. This is because one knows that this is a dangerous location and is expected to take the necessary precautions. Yet even though there is no imminent risk, there is a mitzvah on the owner of the house to build a ma’akeh for his roof.

Although Shulchan Aruch does not make any mention of a bracha, the later commentaries such as the Chayei Adam and Aruch Hashulchan all agree that a bracha is recited. The accepted wording of the bracha is “…asher kideshanu b’mitzvosav v’tzivanu la’asos ma’akeh.”

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