Jewish Law

Lesson # 529- To Remove Dangerous Conditions

As I have written many times, the Shulhan Aruch as composed by Rabbi Yosef Karo (1488-1575) together with the emendations of Rabbi Moshe Iserles (1520-1572) is the authoritative codes that governs the lives of Jews the world over. Of course there are many commentaries on the Shulhan Aruch, and subsequent minor codes and the vast amount of response literature that interpret the Shulhan Aruch for us. Also the rabbi of each community answers many of the halachic questions addressed to him on the basis of these sources.
In our Kolel, I was giving a series of lectures about the development of halacha, when one of the students asked what is the very last chapter of the entire Shulhan Aruch. I told him it was “To remove Dangerous conditions”.
There are two Torah commandments involved in these laws. A positive commandment to remove sources of danger from our homes (including making a parapet on one’s roof) and a negative commandment (prohibition) not to leave obstacles that may injure people on public or private property. These commandments are derived from the verse: “If you build a new house, you shall make a parapet for your roof, so that you will not place blood in your house if a fallen one falls from it.” (D’varim 22:8) The commandment to have this parapet on one’s dwelling applies if the roof is at least approx. four square amot. (an AMA is about 20 inches). It applies to the roof of a dwelling. According to one opinion it does not apply to a roof of a synagogue, a house of study, a stable, or a storehouse. Another opinion holds that a parapet is necessary on these types of structures too. No parapet is required if the roof is sloping and people cannot walk on the roof. No parapet is required if the street is higher than the roof. The parapet must be at least ten tefachim (each tefach is about 3.7 inches) in height and it must be strong enough for a person to lean against it without breaking it.
If one does not build a parapet for his roof he transgresses a positive commandment, as well as the negative commandment not to place blood in his house. There is no flogging for violating this negative commandment since it does not entail an action.
A roof belonging to partners requires a parapet. If one buys a house without a parapet, he must build one.
A parapet or fence also must be built around areas similar to a roof, for example a well or a pit in a yard, which may be covered in lieu of building a parapet around the pit.
Every reader can think of many things that a person should not do so as not to put himself or others in danger. These can include having a swimming pool without having a fence around it, things that are known in law as attractive nuisances and not having adequate circuit breakers in one’s home. The list is almost never ending. The determining guideline is that if there is the possibility of something causing harm it should be safeguarded.

• Other Jewish Law
• Lesson # 582 Persons Ineligible to Participate in a Sale
• Lesson # 579 Going Out of Business Sale
• Lesson # 578 Pit Damage (cont.)