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Parapet
Tort Law
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A
When you build a new house, you shall make a parapet for your roof, so that you do not bring bloodguilt on your house if anyone should fall from it.
Deuteronomy 22:8
Similarly, with regard to the obligation of establishing
a parapet
around a roof, Rabbi Ilai concedes that the joint owners of a roof are obligated,
even though the Merciful One writes:
“When you build a new house, then you shall make a parapet
for your roof [
legaggekha
],”
using the singular pronoun, “and you shall not bring blood upon your house, if any man falls from there” (Deuteronomy 22:8). One might have inferred from the singular form that with regard to
your
roof,
yes,
one is obligated…
Chullin 136a:11-12
מעקה means, a fence around the roof. Onkelos renders it by תיקא; the fencing is like a casing (תיק) which guards things that are within it.
Rashi on Deuteronomy 22:8:2
A PARAPET. The meaning of
ma’akeh
(parapet) is known from its context. It has no neighbor. A grammarian connected it to the word
akat
(oppression of) in
the oppression of the wicked
(Ps. 55:4). However, he oppressed himself.
Ibn Ezra on Deuteronomy 22:8:2
The height of a guardrail should not be any less than ten handbreadths, so that a person who might fall will not fall from it.
A guardrail must be a partition strong enough to enable a person to lean on it without falling.
Anyone who leaves his roof open without a guardrail negates the observance of a positive commandment and violates a negative commandment, as Deuteronomy 22:8 states: "Do not cause blood to be spilled in your home." The violation of this commandment is not punished by lashes, for it does not involve a deed…
Mishneh Torah, Murderer and the Preservation of Life 11:3-4
THEN THOU SHALT MAKE A PARAPET FOR THY ROOF. The commandment of the parapet is newly-declared, or it may be explanatory of the prohibition,
Neither shalt thou stand idly by the blood of thy neighbor
. But the commandment concerning mixed seeds is explanatory, for He has already stated,
Thou shalt not sow thy field with two kinds of seed
. Now, this [prohibition] implied any place where they are sown; here he added that if a vineyard be sown with mixed seeds
that which has been sown ‘tikdash’
(
will be forfeited
)
together with the increase of the vineyard
…
Ramban on Deuteronomy 22:8:1
Rebbi Abin said, only if the roof is at least four [cubits] square. Just as a house does not induce
ṭevel
unless it is at least four [cubits] square, so the roof does not exempt unless it is at least four [cubits] square, as it is stated: A house less than four [cubits] square is free from the obligations of
mezuzah
and the parapet, from the obligation of
eruv
, does not induce
ṭevel
, is not counted as a connection to a town; he who makes a vow not to be in a house may sit there; one does not give it four cubits before its entrance door…
Jerusalem Talmud Maasrot 3:3:7
A Kabbalistic approach: seeing that in connection with the commandment to dispatch the mother bird the Torah had alluded to the emanation בינה which presided over the other seven emanations as does a mother who has raised seven children, it had now become necessary to mention the emanation חכמה and יראה in connection with this commandment in order to complete the cycle of ten emanations. These latter two emanations are closely linked to the emanation of בינה. The railing on the roof is a symbol of something which embraces all the other things within it…
Rabbeinu Bahya, Devarim 22:8:3
MISHNAH:
A hinge, and a pipe, and a beam, and a lock, and a key which were broken one fixes on the holiday on condition that he not plan his work for the holiday. Any preserves of which one can eat on the holiday one makes.
Jerusalem Talmud Moed Katan 1:10:1
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…
Sefer HaChinukh 546:5
And furthermore, it is taught
in a
baraita
:
One may not sell weapons to
gentiles
or
the auxiliary
equipment of weapons, and one may not sharpen weapons for them. And one may not sell them stocks
used for fastening the feet of prisoners,
or
iron
neck chains [
kolarin
], or foot chains, or iron chains.
This prohibition applies equally to
both a gentile and a Samaritan.
Avodah Zarah 15b:10
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ראו גם
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