Ma'akeh - Public Buildings

QUESTION: Is a Shul or a Yeshiva required to build a ma’akeh?

ANSWER: The Torah (Devarim 22:8) writes, “You must construct a ma’akeh for your roof.” The Gemara (Chullin 136a) infers from the wording “your” roof that only the roofs of private individuals are obligated in this mitzvah, but the roofs of public buildings such as Shuls and Yeshivas are exempt. Rashi explains that since these buildings have no specific owner, there is no one who is obligated to put up a ma’akeh. However, poskim explain that this means that there is no mitzvah and therefore no bracha is recited, but it is the obligation of the officers of these institutions to build fences that will remove any potential sakanah (danger). Some say that for this purpose it is enough to construct a fence that is 3 tefachim tall to serve as a border, but others say that it still must be ten tefachim tall. (See Vi’asisa Ma’akeh 2:13 for a full discussion.)

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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.