The commandment of a parapet: To remove stumbling blocks and obstacles from our dwelling places, and about this is it stated (Deuteronomy 22:8), “and you shall make a parapet for your roof.” And the matter is that we should build a wall around the roofs and around the pits and the ditches and that which is similar to them, so that no creature should stumble to fall in them or from them. And included in this commandment is to build and fix every wall and fence from which it is likely that there a mishap will occur from it. And that which the verse mentioned “for your roof,” is [because] the verse spoke in the present (using the most common example). And the language of Sifrei is “‘And you shall make a parapet’ is a positive commandment.” (See Sefer HaMitzvot, Positive Commandments 184.)
It is from the roots of the commandment [that it is] since even though God, may He be blessed, supervises the details of people’s [lives] and knows all of their deeds, and [that] everything that happens to them — good or bad — is through His decree and His commandment according to their merit or their guilt, and like the matter that they, may their memory be blessed, said (Chullin 7b), “A man does not [so much as] bruise his finger below (i.e. on earth), unless it is announced about him from above (in Heaven)”; nonetheless a person must guard himself from the accidents that are customary in the world. As God created His world and built it upon the foundations of the principles of nature and decreed that fire should burn and that water puts out the flame. And so too, nature requires that if a large stone falls on the head of a man, it will smash his brain; or that if a person falls from the top of a high roof to the ground, he will die. And He, may He be blessed, graced the bodies of people and blew into them a living soul with a mind, to protect the body from all incidents, and [then] placed the two of them — the soul and the body — within the sphere of the [natural] elements, and [these elements] will move them and act upon them. And since God subjugated the human body to nature — as so did His wisdom require — from the angle of its being physical, He commanded him to guard [himself] from an accident. As nature, to which he is subjugated, will act upon him if he does not guard himself from it.
However there will be a few people that “the King will desire their glory,” due to their great piety and the clinging of their souls to His ways, may He be blessed — these are the great pious ones “who were of old, the men of fame,” like the great and holy forefathers and many of the sons that were after them, such as Daniel, Chananiah, Mishael, Azariah and those similar to them, to whom God delivered nature into their hands. And at their start, nature was master over them and at their end — due to the greatness of the elevation of their souls — “it was reversed,” as they were the masters over nature. As we know with Avraham, our father, that they dropped him into the fiery furnace and he was not injured; and [with] the four (and [with] the three) pious ones mentioned that they placed “into the burning fiery furnace [...] and [not] a hair on their head was singed.” But most people have not merited this great level due to their sins, and therefore the Torah commands us to guard our dwelling places and our locales, lest death encounter us in our negligence. And we should not endanger our souls by reliance upon miracles; and they, may their memory be blessed, said (Sifra, Emor 8) that a miracle is not performed for anyone who relies on a miracle. And according to this approach will you see most matters written in every place. Since even in Israel’s fighting of a war commanded by the word of God, they would [still] organize their war and equip themselves and do all of the [required] matters, as if they were completely relying on natural processes [to win the war]. And so is it fitting to do according to the matter that we mentioned. And the one who does not argue with the truth from a perverse heart will concede this.
From the laws of the commandment is that which they, may their memory be blessed, said (Sukkah 3b) that the obligation of a parapet is only in a house that is being used as a residence, but a storehouse or a barn and similar to them [as well as] any house that does not have four square ells is exempt from [requiring] a parapet. And so [too] synagogues and study halls, because they are not made for residence. And [also among its laws is] that which they, may their memory be blessed, said that if the public domain is higher than his roof, it is not in need of a parapet, as it is stated, “if the faller should fall from it” — and not into it. And the measurement of the height of the parapet is ten handbreadths.
And they, may their memory be blessed, forbade many things (see Mishneh Torah, Murderer and the Preservation of Life 11:5 and 7) in order to guard ourselves from injuries and bad accidents, as it is not fitting for a person who has intelligence to endanger himself. And therefore it is fitting that he should put into his mind all of the things that can possibly result in injury. And the one who transgresses [these prohibitions] is rabbinically obligated in [getting] lashes of rebellion. From these [prohibitions] is what they said that a person should not place his mouth under the drainpipe and drink, lest he drink a leech. And they [also] forbade (Chullin 10a) uncovered waters because of the concern, that a poisonous [snake] not have drunk from it. And the measurement of it is [the amount of time] required for the [snake] to come out from the edge of the vessel and drink. And they said about this matter that there are liquids that are susceptible to [the concern] of being an “uncovered” [liquid] and there are those that are not susceptible to being an “uncovered” [liquid]. And from this concern itself, they forbade gnawed figs, grapes, pomegranates, squash, pumpkins and cucumbers — even if they are [many]. (See Mishneh Torah, Murderer and the Preservation of Life 12:2 and 4.) And they said that all fruits that have moistness and are found to be bitten are forbidden. And so too did they forbid that a person not put coins into his mouth, lest there is dry spit of one infected with [skin diseases] upon them — or that there be sweat [upon them], since the sweat of a person is a death potion, except for that from the face. And the rest of its details are elucidated in Bava Kamma and in sections of Sanhedrin and in Yerushalmi Shekalim 1. (See Mishneh Torah, Murderer and the Preservation of Life 11.)
And this commandment is practiced in every place and at all times by males and females. And one who transgresses it and leaves his roof or his pit without a parapet has violated this positive commandment and also violated the negative commandment of “you shall not place blood in your house” — as we will write in this Order (Sefer HaChinukh 547), with God’s help.
מִצְוַת מַעֲקֶה – לְהָסִיר הַמִּכְשׁוֹלִים וְהַנְּגָפִים מִכָּל מִשְׁכְּנוֹתֵינוּ, וְעַל זֶה נֶאֱמַר (דברים כב ח) וְעָשִׂיתָ מַעֲקֶה לְגַגֶּךָ. וְהָעִנְיָן הוּא שֶׁנִּבְנֶה קִיר סְבִיב הַגַּגּוֹת וּסְבִיב הַבּוֹרוֹת וְהַשִּׁיחִין וְדוֹמֵיהֶן, כְּדֵי שֶׁלֹּא תִּכָּשֵׁל בְּרִיָּה לִפֹּל בָּהֶם אוֹ מֵהֶם. וּבִכְלַל מִצְוָה זוֹ, לִבְנוֹת וּלְתַקֵּן כָּל כֹּתֶל וְכָל גָּדֵר שֶׁיִּהְיֶה קָרוֹב לָבוֹא תַּקָּלָה מִמֶּנּוּ, וְזֶה שֶׁהִזְכִּיר הַכָּתוּב לְגַגֶּךָ, דִּבֵּר הַכָּתוּב בַּהוֹוֶה. וּלְשׁוֹן סִפְרֵי וְעָשִׂיתָ מַעֲקֶה, מִצְוַת עֲשֵׂה (עי' ספהמ"צ להרמב"ם עשה קפד).
The commandment of a parapet: To remove stumbling blocks and obstacles from our dwelling places, and about this is it stated (Deuteronomy 22:8), “and you shall make a parapet for your roof.” And the matter is that we should build a wall around the roofs and around the pits and the ditches and that which is similar to them, so that no creature should stumble to fall in them or from them. And included in this commandment is to build and fix every wall and fence from which it is likely that there a mishap will occur from it. And that which the verse mentioned “for your roof,” is [because] the verse spoke in the present (using the most common example). And the language of Sifrei is “‘And you shall make a parapet’ is a positive commandment.” (See Sefer HaMitzvot, Positive Commandments 184.)
מִשָּׁרְשֵׁי הַמִּצְוָה. לְפִי שֶׁעִם הֱיוֹת הַשֵּׁם בָּרוּךְ הוּא מַשְׁגִּיחַ בִּפְרָטֵי בְּנֵי אָדָם וְיוֹדֵעַ כָּל מַעֲשֵׂיהֶם, וְכָל אֲשֶׁר יִקְרֶה לָהֶם טוֹב אוֹ רַע בִּגְזֵרָתוֹ וּבְמִצְוָתוֹ, לְפִי זְכוּתָן אוֹ חִיּוּבָן, וּכְעִנְיָן שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (חולין ז, ב), אֵין אָדָם נוֹקֵף אֶצְבָּעוֹ מִלְּמַטָּה אֶלָּא אִם כֵּן מַכְרִיזִין עָלָיו מִלְּמַעְלָה, אַף עַל פִּי כֵן צָרִיךְ הָאָדָם לִשְׁמֹר עַצְמוֹ מִן הַמִּקְרִים הַנְּהוּגִים בָּעוֹלָם, כִּי הָאֵל בָּרָא עוֹלָמוֹ וּבְנָאוֹ עַל יְסוֹדוֹת עַמּוּדֵי הַטֶּבַע, וְגָזַר שֶׁתִּהְיֶה הָאֵשׁ שׂוֹרֶפֶת וְהַמַּיִם מְכַבִּין הַלֶּהָבָה, וּכְמוֹ כֵן יְחַיֵּב הַטֶּבַע, שֶׁאִם תִּפֹּל אֶבֶן גְּדוֹלָה עַל רֹאשׁ אִישׁ שֶׁתְּרַצֵּץ אֶת מֹחוֹ, אוֹ אִם יִפֹּל הָאָדָם מֵרֹאשׁ הַגַּג הַגָּבוֹהַּ לָאָרֶץ שֶׁיָּמוּת, וְהוּא בָּרוּךְ הוּא חָנַן גּוּפוֹת בְּנֵי אָדָם וַיִּפַּח בָּהֶם נִשְׁמַת חַיִּים בַּעֲלַת דַּעַת, לִשְׁמֹר הַגּוּף מִכָּל פֶּגַע, וְנָתַן שְׁנֵיהֶם, הַנֶּפֶשׁ וְגוּפָהּ בְּתוֹךְ גַּלְגַּל הַיְּסוֹדוֹת, וְהֵמָּה יְנַהֲגוּם וְיִפְעֲלוּ בָּם פְּעֻלּוֹת, וְאַחַר שֶׁהָאֵל שִׁעְבֵּד גּוּף הָאָדָם לַטֶּבַע, כִּי כֵן חִיְּבָה חָכְמָתוֹ מִצַּד שֶׁהוּא בַּעַל חֹמֶר, צִוָּהוּ לִשְׁמֹר מִן הַמִּקְרֶה, כִּי הַטֶּבַע שֶׁהוּא מָסוּר בְּיָדוֹ יַעֲשֶׂה פְּעֻלָּתוֹ עָלָיו אִם לֹא יִשָּׁמֵר מִמֶּנּוּ.
It is from the roots of the commandment [that it is] since even though God, may He be blessed, supervises the details of people’s [lives] and knows all of their deeds, and [that] everything that happens to them — good or bad — is through His decree and His commandment according to their merit or their guilt, and like the matter that they, may their memory be blessed, said (Chullin 7b), “A man does not [so much as] bruise his finger below (i.e. on earth), unless it is announced about him from above (in Heaven)”; nonetheless a person must guard himself from the accidents that are customary in the world. As God created His world and built it upon the foundations of the principles of nature and decreed that fire should burn and that water puts out the flame. And so too, nature requires that if a large stone falls on the head of a man, it will smash his brain; or that if a person falls from the top of a high roof to the ground, he will die. And He, may He be blessed, graced the bodies of people and blew into them a living soul with a mind, to protect the body from all incidents, and [then] placed the two of them — the soul and the body — within the sphere of the [natural] elements, and [these elements] will move them and act upon them. And since God subjugated the human body to nature — as so did His wisdom require — from the angle of its being physical, He commanded him to guard [himself] from an accident. As nature, to which he is subjugated, will act upon him if he does not guard himself from it.
וְאָמְנָם יִהְיוּ קְצָת מִבְּנֵי אָדָם אֲשֶׁר הַמֶּלֶךְ חָפֵץ בִּיקָרָם, לְרֹב חֲסִידוּתָם וּדְבֵקוּת נַפְשָׁם בִּדְרָכָיו בָּרוּךְ הוּא, הֵמָּה הַחֲסִידִים הַגְּדוֹלִים אֲשֶׁר מֵעוֹלָם אַנְשֵׁי הַשֵּׁם, כְּמוֹ הָאָבוֹת הַגְּדוֹלִים וְהַקְּדוֹשִׁים וְהַרְבֵּה מִן הַבָּנִים שֶׁהָיוּ אַחֲרֵיהֶם, כְּמוֹ דָּנִיֵּאל חֲנַנְיָה מִישָׁאֵל וַעֲזַרְיָה וְדוֹמֵיהֶם, שֶׁמָּסַר הָאֵל הַטֶּבַע בִּידֵיהֶם, וּבִתְחִלָּתָם הָיָה הַטֶּבַע אָדוֹן עֲלֵיהֶם, וּבְסוֹפָן לְגֹדֶל הִתְעַלּוּת נַפְשָׁם נֶהְפַּךְ הוּא, שֶׁהָיוּ הֵם אֲדוֹנִים עַל הַטֶּבַע, כַּאֲשֶׁר יָדַעְנוּ בְּאַבְרָהָם אָבִינוּ שֶׁהִפִּילוּהוּ לְכִבְשַׁן הָאֵשׁ וְלֹא הֻזַּק, וְאַרְבַּעַת (וּשְׁלֹשֶׁת) הַחֲסִידִים הַנִּזְכָּרִים, שֶׁשָּׁמוּ אוֹתָם לְגוֹ אַתּוּן נוּרָא יָקִידְתָּא וּשְׂעַר רֵאשְׁהוֹן לָא אִתְחָרַךְ. וְרֹב בְּנֵי אָדָם בְּחֶטְאָם לֹא זָכוּ אֶל הַמַּעֲלָה הַגְּדוֹלָה הַזֹּאת, וְעַל כֵּן תְּצַוֵּנוּ הַתּוֹרָה, לִשְׁמֹר מִשְׁכְּנוֹתֵינוּ וּמְקוֹמוֹתֵינוּ, לְבַל יִקְרֵנוּ מָוֶת בִּפְשִׁיעוּתֵנוּ, וְלֹא נְסַכֵּן נַפְשׁוֹתֵינוּ עַל סְמַךְ הַנֵּס, וְאָמְרוּ זִכְרוֹנָם לִבְרָכָה (תורת כהנים אמור פרשתא ח), שֶׁכָּל הַסּוֹמֵךְ עַל הַנֵּס אֵין עוֹשִׂין לוֹ נֵס. וְעַל הַדֶּרֶךְ הַזֶּה תִּרְאֶה רֹב עִנְיְנֵי הַכְּתוּבִים בְּכָל מָקוֹם, כִּי גַּם בְּהִלָּחֵם יִשְׂרָאֵל מִלְחֶמֶת מִצְוָה עַל פִּי הַשֵּׁם, הָיוּ עוֹרְכִין מִלְחַמְתָּן וּמְזַיְּנִים עַצְמָן וְעוֹשִׂין כָּל עִנְיָנָם, כְּאִלּוּ יִסְמְכוּ בְּדַרְכֵי הַטֶּבַע לְגַמְרֵי, וְכֵן רָאוּי לַעֲשׂוֹת לְפִי הָעִנְיָן שֶׁזָּכַרְנוּ, וַאֲשֶׁר לֹא יַחְלֹק עַל הָאֱמֶת מֵרֹעַ לֵב יוֹדֶה בָּזֶה.
However there will be a few people that “the King will desire their glory,” due to their great piety and the clinging of their souls to His ways, may He be blessed — these are the great pious ones “who were of old, the men of fame,” like the great and holy forefathers and many of the sons that were after them, such as Daniel, Chananiah, Mishael, Azariah and those similar to them, to whom God delivered nature into their hands. And at their start, nature was master over them and at their end — due to the greatness of the elevation of their souls — “it was reversed,” as they were the masters over nature. As we know with Avraham, our father, that they dropped him into the fiery furnace and he was not injured; and [with] the four (and [with] the three) pious ones mentioned that they placed “into the burning fiery furnace [...] and [not] a hair on their head was singed.” But most people have not merited this great level due to their sins, and therefore the Torah commands us to guard our dwelling places and our locales, lest death encounter us in our negligence. And we should not endanger our souls by reliance upon miracles; and they, may their memory be blessed, said (Sifra, Emor 8) that a miracle is not performed for anyone who relies on a miracle. And according to this approach will you see most matters written in every place. Since even in Israel’s fighting of a war commanded by the word of God, they would [still] organize their war and equip themselves and do all of the [required] matters, as if they were completely relying on natural processes [to win the war]. And so is it fitting to do according to the matter that we mentioned. And the one who does not argue with the truth from a perverse heart will concede this.
מִדִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (סוכה ג א), שֶׁאֵין חִיּוּב הַמַּעֲקֶה אֶלָּא בְּבַיִת שֶׁיֵּשׁ בָּהּ דִּירָה. אֲבָל בֵּית הָאוֹצָרוֹת וּבֵית הַבָּקָר וְכַיּוֹצֵא בָּהֶן, וְכָל בַּיִת שֶׁאֵין בּוֹ אַרְבַּע אַמּוֹת עַל אַרְבַּע אַמּוֹת פָּטוּר מִן הַמַּעֲקֶה, וְכֵן בָּתֵּי כְנֵסִיּוֹת וּבָתֵּי מִדְרָשׁוֹת, לְפִי שֶׁאֵינָן עֲשׂוּיִין לְדִירָה. וּמָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה, שֶׁאִם הָיְתָה רְשׁוּת הָרַבִּים גְּבוֹהָה מִגַּגּוֹ אֵין זָקוּק לְמַעֲקֶה, שֶׁנֶּאֱמַר כִּי יִפֹּל הַנֹּפֵל מִמֶּנּוּ, וְלֹא בְּתוֹכוֹ, וְשִׁעוּר גֹּבַהּ מַעֲקֶה עֲשָׂרָה טְפָחִים.
From the laws of the commandment is that which they, may their memory be blessed, said (Sukkah 3b) that the obligation of a parapet is only in a house that is being used as a residence, but a storehouse or a barn and similar to them [as well as] any house that does not have four square ells is exempt from [requiring] a parapet. And so [too] synagogues and study halls, because they are not made for residence. And [also among its laws is] that which they, may their memory be blessed, said that if the public domain is higher than his roof, it is not in need of a parapet, as it is stated, “if the faller should fall from it” — and not into it. And the measurement of the height of the parapet is ten handbreadths.
וְהַרְבֵּה דְּבָרִים אָסְרוּ זִכְרוֹנָם לִבְרָכָה (רמב"ם הל' רוצח פי"א הל' ה ז) כְּדֵי לְהִשָּׁמֵר מִן הַנְּזָקִים וּמִן הַמִּקְרִים הָרָעִים, שֶׁאֵין רָאוּי לוֹ לְאָדָם שֶׁיֵּשׁ בּוֹ דֵּעָה, לְסַכֵּן בְּנַפְשׁוֹ, וְעַל כֵּן רָאוּי שֶׁיִּתֵּן לִבּוֹ לְכָל הַדְּבָרִים שֶׁאֶפְשָׁר לְהַגִּיעַ לוֹ נֶזֶק בָּהֶם, וְהָעוֹבֵר עֲלֵיהֶם חַיָּב מַכַּת מַרְדּוּת דְּרַבָּנָן, מֵהֶן מָה שֶׁאָמְרוּ שֶׁלֹּא יַנִּיחַ אָדָם פִּיו עַל הַסִּילוֹן וְיִשְׁתֶּה, וְכֵן לֹא יִשְׁתֶּה מִן הַנְּהָרוֹת וְהָאֲגַמִּים שֶׁמָּא יִשְׁתֶּה עֲלוּקָה, וְאָסְרוּ (חולין י, א) מַיִם מְגֻלִּין מִפְּנֵי חֲשָׁשׁ, שֶׁלֹּא יִשְׁתֶּה מֵהֶן הָרַחַשׁ בַּעַל הָאֶרֶס, וְשִׁעוּר גִּלּוּיָן כְּדֵי שֶׁיֵּצֵא הָרַחַשׁ מֵאֹזֶן כְּלִי וְיִשְׁתֶּה. וְאָמְרוּ בְּעִנְיָן זֶה, שֶׁיֵּשׁ מַשְׁקִין שֶׁיֵּשׁ בָּהֶן מִשּׁוּם גִּלּוּי וּמֵהֶן שֶׁאֵין בָּהֶם מִשּׁוּם גִּלּוּי. וּמֵחֲשַׁשׁ (רמב"ם שם פי"ב הל' ב, ד) זֶה בְּעַצְמוֹ אָסְרוּ נִקּוּרֵי תְּאֵנִים וַעֲנָבִים וְרִמּוֹנִים וְקִשּׁוּאִין וּדְלוּעִין וְהַמְּלָפְפוֹנוֹת, אֲפִלּוּ הֵן כִּכָּר, וְדֶרֶךְ כְּלָל כָּל פְּרִי שֶׁיֵּשׁ בּוֹ לֵחָה וְנִמְצָא נָשׁוּךְ אָמְרוּ שֶׁהוּא אָסוּר. וּכְמוֹ כֵן אָסְרוּ שֶׁלֹּא יִתֵּן אָדָם מָעוֹת לְתוֹךְ פִּיו שֶׁמָּא יֵשׁ עֲלֵיהֶן רוֹק יָבֵשׁ שֶׁל מֻכֵּה שְׁחִין, אוֹ מְצֹרָעִין, אוֹ זֵעָה, שֶׁכָּל זֵעַת אָדָם הִיא סַם הַמָּוֶת חוּץ מִשֶּׁל פָּנִים. וְיֶתֶר פְּרָטֶיהָ מְבֹאָרִין בְּבָבָא קַמָּא וּבִמְקוֹמוֹת מִסַּנְהֶדְרִין וּבִשְׁקָלִים יְרוּשַׁלְמִי פֶּרֶק רִאשׁוֹן [הלכות רוצח ושמירת נפש פי"א].
And they, may their memory be blessed, forbade many things (see Mishneh Torah, Murderer and the Preservation of Life 11:5 and 7) in order to guard ourselves from injuries and bad accidents, as it is not fitting for a person who has intelligence to endanger himself. And therefore it is fitting that he should put into his mind all of the things that can possibly result in injury. And the one who transgresses [these prohibitions] is rabbinically obligated in [getting] lashes of rebellion. From these [prohibitions] is what they said that a person should not place his mouth under the drainpipe and drink, lest he drink a leech. And they [also] forbade (Chullin 10a) uncovered waters because of the concern, that a poisonous [snake] not have drunk from it. And the measurement of it is [the amount of time] required for the [snake] to come out from the edge of the vessel and drink. And they said about this matter that there are liquids that are susceptible to [the concern] of being an “uncovered” [liquid] and there are those that are not susceptible to being an “uncovered” [liquid]. And from this concern itself, they forbade gnawed figs, grapes, pomegranates, squash, pumpkins and cucumbers — even if they are [many]. (See Mishneh Torah, Murderer and the Preservation of Life 12:2 and 4.) And they said that all fruits that have moistness and are found to be bitten are forbidden. And so too did they forbid that a person not put coins into his mouth, lest there is dry spit of one infected with [skin diseases] upon them — or that there be sweat [upon them], since the sweat of a person is a death potion, except for that from the face. And the rest of its details are elucidated in Bava Kamma and in sections of Sanhedrin and in Yerushalmi Shekalim 1. (See Mishneh Torah, Murderer and the Preservation of Life 11.)
וְנוֹהֶגֶת מִצְוָה זוֹ בְּכָל מָקוֹם וּבְכָל זְמַן, בִּזְכָרִים וּנְקֵבוֹת, וְהָעוֹבֵר עַל זֶה וּמַנִּיחַ גַּגּוֹ אוֹ בּוֹרוֹ בְּלֹא מַעֲקֶה בִּטֵּל עֲשֵׂה זֶה, וְגַם עָבַר עַל לָאו דְּלֹא תָשִׂים דָּמִים בְּבֵיתֶךָ, כְּמוֹ שֶׁנִּכְתֹּב בְּסֵדֶר זֶה (מצוה תקמז) בְּעֶזְרַת הַשֵּׁם.
And this commandment is practiced in every place and at all times by males and females. And one who transgresses it and leaves his roof or his pit without a parapet has violated this positive commandment and also violated the negative commandment of “you shall not place blood in your house” — as we will write in this Order (Sefer HaChinukh 547), with God’s help.