Ma'akeh, Windows

QUESTION: Is one required to put up fences on one’s windows?

ANSWER: Rav Aryeh Pomeranchik, zt”l (Sefer Emek Bracha – Hilchos Ma’akeh) writes that an upstairs window must be built higher than ten tefachim from the floor. In this way, the wall beneath the window will serve as the ma’akeh. Otherwise, if the window is opened there is a breach in the wall that does not have a ma’akeh, and one will be in violation of the mitzvah. However, most poskim do not agree with this stringency. Rav Chaim Kanievsky, shlita (Maseches Mezuzah) writes that one is permitted to have openings in a ma’akeh and an open window would be no different. However, poskim caution that if there are small children who may climb, one is required to place safety bars on the window.

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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.