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Chapter 9

The Laws of Guarding One’s Life

ט - הלכות שמירת הנפש

In this chapter (14)
  1. 1. The Mitzva of Building a Parapet
  2. 2. When to Recite the Berakha
  3. 3. The Barrier
  4. 4. Fulfilling the Mitzva
  5. 5. Which Roofs Require a Parapet
  6. 6. Other Places That Require a Parapet
  7. 7. The Mitzva to Remove Dangers and Avoid Them
  8. 8. The Prohibition of Smoking
  9. 9. Scientific Facts
  10. 10. The Prohibition of Smoking Near Others
  11. 11. May One Help a Smoker Buy Cigarettes?
  12. 12. May One Advertise Cigarettes in a Newspaper?
  13. 13. Education against Smoking
  14. 14. Life Insurance
9:1

The Mitzva of Building a Parapet

מצוות מעקה

It is a Torah mitzva to build a parapet (ma’akeh) for the roof of a residential house that is used, in order to prevent the danger of falling from it, as it is stated: “When you build a new house, you shall make a parapet for your roof, so that you do not bring blood upon your house if anyone should fall from it” (Devarim 22:8). In the Sages’ midrash in the Sifrei they learned from the verse that the mitzva of building a parapet is composed of two mitzvot: a positive commandment to build the parapet, as it is stated, “you shall make a parapet for your roof,” and a negative commandment, which establishes that as long as one leaves the house without a parapet, not only has he neglected a mitzva, but he thereby transgresses a Torah prohibition, as it is stated, “so that you do not bring blood upon your house.” The Shulḥan Arukh likewise ruled (Ḥoshen Mishpat 427:6) that whoever leaves his roof without a parapet has neglected a positive commandment and transgressed a negative commandment.

The Rambam wrote (Hilkhot Berakhot 11:12) that when one builds a parapet for his roof he should recite the berakha: “Barukh ata Hashem Elokeinu Melekh ha-olam asher kideshanu be-mitzvotav ve-tzivanu la’asot ma’akeh” (“Blessed are You, Lord our God, King of the universe, Who has sanctified us with His commandments and commanded us to make a parapet”). And when a Jewish worker builds a parapet for his fellow, he should recite: “asher kideshanu be-mitzvotav ve-tzivanu al asiyat ma’akeh” (“Who has sanctified us with His commandments and commanded us concerning the making of a parapet”).

However, one of the Rishonim, the author of Sefer Ha-Roke’aḥ, wrote that one should not recite a berakha on making a parapet. Perhaps his reason is that the main point here is the negative commandment – “so that you do not bring blood upon your house” – and one does not recite a berakha on a negative commandment. But according to all the other Rishonim one should recite a berakha, since the foundation of the mitzva is rooted in the positive commandment “you shall make a parapet for your roof,” and as is known, before every positive commandment one should recite a berakha.¹

Notes (1)
  1. So wrote Beit Barukh, vol. 2, Kuntres Ha-Mezuza, note 2, in the name of many poskim. And so ruled the Ben Ish Ḥai, Year 2, Pinḥas 4. Some have the practice not to recite the berakha; see Yalkut Yosef, Berakhot, p. 601.
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