Building a Fence Around One's Roof: Difference between revisions
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==Other Things== | ==Other Things== | ||
# If one has a pit in one's property one must erect a fence of ten [[Tefachim]] around it or cover it up so that someone doesn't fall in.<ref>Kitzur Shulchan Aruch 190:1</ref> | # If one has a pit in one's property one must erect a fence of ten [[Tefachim]] around it or cover it up so that someone doesn't fall in.<ref>Kitzur Shulchan Aruch 190:1</ref> | ||
# Some say that a window that can be opened and is situated less than ten [[Tefachim]] from the floor requires a fence outside of it,<ref>[http://www.otzar.org/wotzar/book.aspx?155405&pageid=P0034 Emek Beracha page 34], [https://www.yutorah.org/lectures/lecture.cfm/906667/rabbi-hershel-schachter/bava-kamma-6-nizkei-avadim-bor-meinekes-maakah-peshia-ones-ones-gamur-garmi-rav-tendler-s-class-rav-shteinman-stories/ Rav Hershel Schachter (Bava Kamma 5778-9 #6)]</ref>, as a child could innocently open the window and fall out. Although others disagree Halachically,<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=337 Shu"t Machazeh Eliyahu vol. 1 Siman 121:1-2] claims that either because as long as the walls of the room indicate clear limits of one's walkable range, there can be "holes" in the Maakeh or because the window is narrow enough for one to grab on to the sides if he falls, that the Emek Beracha is incorrect.</ref> some admit that one should for safety reasons install a fence of some sort without a Bracha.<ref>Shu"t Teshuvot veHanhagot vol. 1 Siman 848. He quotes Rav Chaim Kanievsky who claims the Chazon Ish disagreed with the Emek Beracha. Indeed, the Steipler ([http://www.hebrewbooks.org/pdfpager.aspx?req=50076&st=%D7%96%D7%9B%D7%95%D7%9B%D7%99%D7%AA&pgnum=35 Mezuzah uMaakeh, Hilchot Maakeh Seif 31]) claims he heard the Chazon Ish say so himself. See also [www.otzar.org/wotzar/book.aspx?22807&pageid=P0289 Yevakesh Torah (Shulchan Aruch) Siman 118]</ref> Some even recommend always installing locks on windows that are even above ten [[Tefachim]] in homes with small children.<ref>Shevet HaKehati (vol. 4 Siman 311:1-2), Yalkut Yosef (Sova Semachot vol. 1, Ketzat MeHilchot Maakeh 24)</ref> Moreover, some say that glass itself can never be used for a fence,<ref>[http://www.otzar.org/wotzar/book.aspx?155405&pageid=P0034 Emek Beracha page 34]</ref> as it doesn't fulfill the Rambam's definition of being able to sustain the pressure of someone leaning on it, but others disagree, since thick glass walls do fit that definition.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=337 Shu"t Machazeh Eliyahu vol. 1 Siman 121:1-2], Aruch HaMishpat Siman 427 page 32</ref> | # Some say that a window that can be opened and is situated less than ten [[Tefachim]] from the floor requires a fence outside of it,<ref>[http://www.otzar.org/wotzar/book.aspx?155405&pageid=P0034 Emek Beracha page 34], [https://www.yutorah.org/lectures/lecture.cfm/906667/rabbi-hershel-schachter/bava-kamma-6-nizkei-avadim-bor-meinekes-maakah-peshia-ones-ones-gamur-garmi-rav-tendler-s-class-rav-shteinman-stories/ Rav Hershel Schachter (Bava Kamma 5778-9 #6)]</ref>, as a child could innocently open the window and fall out. Although others disagree Halachically,<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=337 Shu"t Machazeh Eliyahu vol. 1 Siman 121:1-2] claims that either because as long as the walls of the room indicate clear limits of one's walkable range, there can be "holes" in the Maakeh or because the window is narrow enough for one to grab on to the sides if he falls, that the Emek Beracha is incorrect.</ref> some admit that one should for safety reasons install a fence of some sort without a Bracha.<ref>Shu"t Teshuvot veHanhagot vol. 1 Siman 848. He quotes Rav Chaim Kanievsky who claims the Chazon Ish disagreed with the Emek Beracha. Indeed, the Steipler ([http://www.hebrewbooks.org/pdfpager.aspx?req=50076&st=%D7%96%D7%9B%D7%95%D7%9B%D7%99%D7%AA&pgnum=35 Mezuzah uMaakeh, Hilchot Maakeh Seif 31]) claims he heard the Chazon Ish say so himself. See also [http://www.otzar.org/wotzar/book.aspx?22807&pageid=P0289 Yevakesh Torah (Shulchan Aruch) Siman 118]</ref> Some even recommend always installing locks on windows that are even above ten [[Tefachim]] in homes with small children.<ref>Shevet HaKehati (vol. 4 Siman 311:1-2), Yalkut Yosef (Sova Semachot vol. 1, Ketzat MeHilchot Maakeh 24)</ref> Moreover, some say that glass itself can never be used for a fence,<ref>[http://www.otzar.org/wotzar/book.aspx?155405&pageid=P0034 Emek Beracha page 34]</ref> as it doesn't fulfill the Rambam's definition of being able to sustain the pressure of someone leaning on it, but others disagree, since thick glass walls do fit that definition.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=337 Shu"t Machazeh Eliyahu vol. 1 Siman 121:1-2], Aruch HaMishpat Siman 427 page 32</ref> | ||
==Beracha== | ==Beracha== | ||
